General Terms and Conditions

1. In these terms client shall mean the client whose name and details appear overleaf or as set out in the agreement attached.

2. General

2.1. The client shall be treated as a commercial or domestic client according to our reasonable discretion.

2.2. All quotations are given and all orders are accepted on these terms. They supersede any other terms appearing in our price list or elsewhere, and over-ride and exclude any other terms stipulated or interpreted or referred to by the client, whether in the instructions or any negotiations or any course of dealings established between us and the client. All orders/instructions given by the client shall be deemed to be made subject to these terms.

2.3. The client acknowledges that there are no representations outside these terms which have induced him/her to enter the contract (which expression shall include any contract for which these terms form part of) and these terms and those on the face of our quotation or sales invoice shall constitute the entire understanding for the performance of work (as defined in paragraph 4).

2.4. No modification of these terms shall be effective unless made by an expressed written agreement between the parties. The signing by us of any of the client's documents shall not imply modifications of these terms.

3. Quotations

Quotations are subject to withdrawal at any time before receipt of qualified instructions from the client and shall be deemed to be withdrawn unless so accepted within 90 days to their date.

4. The Work

The work to be performed is specified in our quotation or as referred to in our work authorisation/quotation. All descriptions and illustrations contained in our catalogues, price list and advertisements or otherwise communicated to the client are intended merely to present a general idea of the work described therein and nothing contained in any of them shall form any part of the contract.

5. The Price

The price payable by the client is specified in our quotation (or where done at Above and Below Plumbing and Heating standard charging rates). We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save that if this would increase the price by more than 10% we will give the client the opportunity to cancel the contract.

6. Cancellations

Subject to paragraph 5 the client may not cancel the contact without our consent which if given shall be deemed to be on the express condition that the client shall indemnify us against all loss, damage claims or action arising out of such cancellation unless otherwise agreed in writing.

7. Payment

7.1. Domestic Clients

Invoices will be submitted to the client on completion of the work and payment should be made to us on completion, or at our sole discretion, may be made within 30 days of the date of invoice.

7.2. Commercial Clients
All invoices will be submitted to the client on completion of the work and payment should be made to us on completion, or at our sole discretion, may be made within 30 days of the date of invoice.

7.3. Domestic and Commercial Clients
Where a preventative maintenance agreement exists, the client will be invoiced on each major cleaning operation on a pro-rata basis unless stated otherwise in the contract agreement. Invoices remaining unpaid after 30 days from the invoice date will be subject to a finance charge, equal to 2% of the invoice value charged on daily basis.

Non account customers who fail to settle accounts on completion of the work are liable, at the company's discretion, to incur a finance charge equal to 2% of the gross invoice value, charged on a daily basis from the date the invoice was raised until full settlement is made. Returned cheques will be subject to a £10 procession charge and in addition we reserve the right to make additional administration charge of £10.

8. Commencement and Completion of Orders

Dates specified for the commencement and completion of work are estimates only and shall not be the essence of the contract.

9. Inspection of Work

The client shall inspect the work as far as is reasonably possible immediately on completion of it and shall within 7 days give written notice to us in detail of any grounds on which he/she alleges that the work is not in accordance with the contract. If the client fails to give such notice the work shall conclusively be presumed free from any defects which would be apparent on reasonable examination of the work.

10. Indemnity

The client shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we may suffer or incur in connection with the claim by any third party alleging facts which, if established, would result in a breach of the clients obligation, undertakings, representations and warranties under this agreement.

11. Whole Agreements and Exclusion Liability

These terms set out our entire liability in respect of the work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expresses or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of defects in the work or failure to correspond to specification or for an injury, damage or loss resulting from any such defects or failure or from carrying out any work.

12. Limitations of Liability

Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or for any breach of this agreement of any duty of care or otherwise owed to the client in connection herewith shall be limited to the invoice value of the work.

13. Dangerous Gases, Liquid, Materials

13.1. Prior to the commencement of the work, the client shall inform us of all dangerous gases, liquids and any other materials of any nature whatsoever which are present on the premises where the work is to be carried out by us and which could constitute a danger to us in carrying out the work or otherwise.

13.2. The client shall also ensure that we are in good time properly advised in writing of all precautions which need to be taken on account of the presence of such dangerous materials. The client shall provide suitable cleaning facilities and , if circumstance require it, a qualified and competent safety man to advise upon how the work can be safely
done. The client shall also notify us in writing of any special requirements laid down by the factory inspector or similar authority. The client shall be responsible for all loss or damage whether direct, indirect or consequently due to the client failure to fulfil any of the above obligations. If the client shall fail to comply with the above we shall be under no obligation to carry out the work.

14. Access

The client shall provide clear access to all drains, sewers, inspection covers and man holes to enable us to carry out the work. The client shall provide if possible the plan showing drain layouts, if this is not available we reserve the right to render additional charges if blockages occur in drains not covered by the specification if it is necessary to trace unidentified drains to complete the work. The client shall obtain permission for us to proceed over property belonging to third parties if it is necessary for the proper execution of the works and shall obtain any permission necessary to carry out work on property belonging to third parties. The client shall indemnify us against all claims of whatsoever nature made by third parties and arising out of out presence on their property save when such claims result directly from negligence on our behalf. The client shall be liable to us for all loss or damage whether direct, indirect or consequently suffered by us as a result or failure or delay by the client in prolonging the obligations referred to above.

15. Work Guarantee

Subject to clause 9, we guarantee completed plumbing work for a period of 365 days from completion provided that the guarantee shall not apply to defects resulting from misuse or faulty workmanship by the client, its employees and sub-contractors or any other third party working for or on the direction of the client. Our guarantee for drains only applies for drains comprised in the work and is only guaranteed for 28 days. We also reserve the right to withhold the guarantee should be feel that although clear, the drains require further work or have a possible fault.

16. Majeure, Etc

We will use our best endeavours to carry out the works on the agreed dates but shall not be under any liability to the client if it should be either impossible or impractical to carry out the work on the agreed date or dates or by reason of strikes, lock out, industrial disputes, acts of God or any other event or occurrence beyond our control.

17. Client's Liability

The client shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from failure or delay in the performance of his obligations under these terms.

18. Additional Labour and Equipment

The client undertakes at his own expense to provide such additional labour we may reasonably require to put us in a position to carry out the work. Such additional labour shall be suitably qualified and experienced to carry out the work as required by us. The client should also provide at our request such scaffolding, ladders or other equipment as may be necessary in order to reach access points.

19. Removal of deposits

Unless otherwise agreed in writing the client will be responsible for the removal from site of deposits extracted by our operators from drainage pipework or sewer systems.

20. Frozen Pipes

We will not be liable for any fractured or frozen pipes and cannot guarantee to clear blockages occurring in a frozen pipe or drain.

21. Traffic Control

The client will make all necessary arrangements with the proper authorities for traffic controls and signals required in connection with carrying out the work. If these are not provided or adequate, the client shall be liable for any loss or damage resulting therefrom.

22. Water and Power

The client will be responsible for providing all necessary power and cleanwater supply from the mains or fire hydrant. If it should however be necessary for us to use metered hydrant and supply controlled by the water authorities, all resulting charges made by the authorities, all resulting charges made by the authority will be recharged to the client.

23. Damage to Equipment

The client will be responsible for any damage that might be caused to trailer mounted jetting units, tanker jetting units, vacuum units and TV surveying units should the work require them to operate away from normal tarmac or a laid surface road. The client will also be responsible for equipment lost or damaged due to fractured pipes, drains or conduits.

24. Waiver Variation Etc.

No waiver by us of any breach shall operate as a waiver or any preceding or subsequent breach. No variation shall be effective against us unless sanctioned in writing by us. No forbearance or delay on our part shall prejudice out rights.

25. Additional Work

Where all consideration is given as to the evaluation of work duration, every precaution will be taken to ensure that no additional costs are incurred by the client. It is however agreed and a condition of these terms that should further work be necessary to complete the contract and where no site representative is available, through site closure, to sanction the necessary extension, Above and Below Plumbing and Heating has the client's authority to, without reference, extend the working day to complete the prescribed works. Additional hours will be charged on a pro-rata basis or in accordance with our current rates.

26. Price Charges/Continuing Agreements

Subject to paragraph 5 prices in fixed terms or continuing agreements will be held for 2 years or length of the agreement if shorter after which time we shall be entitles to charge Above and Below Plumbing and Heating standard rates as varied from time to time.

27. All materials remain the property of Above & Below Plumbing (UK) Ltd until the Sales Invoice is paid for in its entirity.