Terms & Conditions
WRM PLUMBING & HEATING LIMITED – TERMS & CONDITIONS OF BUSINESS
1.1 “We,”“us,”“our,”“ourselves”: refers to WRM Plumbing & Heating Limited
1.2 “You,”“your,”“yourself”: refers to our client
1.3 “this agreement”: means the contract between you and us
1.4 “the Services”: means the services and/or supply of goods we are to supply as set out in our estimate and/or quotation and such additional services or supply of goods as we may agree to perform for you
2 Our Obligations
2.1 perform the Services with reasonable care and within a reasonable timescale, according to the nature and extent of the Services and any specification included in our quotation and/or estimate. Time is not of the essence nor is it capable of being made of the essence, even if you have made known to us a specific purpose or event for which you require the Services.
3 Your Obligations
3.1 give us all such information (which shall be full and accurate), instructions, authorisations, payments on account and assistance in a timely fashion and as we may reasonably require in order to perform the Services and to enable us to progress them to completion without avoidable delay. In default, you will remain liable for the price of the Services or supply of goods and will on demand reimburse to us without any deduction all additional costs and liabilities we incur and any losses we may suffer as a result of your default.
3.2 pay us any deposit we may require before we commence any part of the Services and the price (or the balance) for the Services plus any additional charges for extra work, variations, costs of supply and delivery of materials to your premises, travel and subsistence expenses and VAT as appropriate (together, “the full price”), without any deduction whatsoever, in cleared funds on the due date. The due date shall be the date or dates agreed between you and us and in default of agreement shall be 7 days following the date of our invoice. In no circumstances will you be entitled to withhold any sum due to us for legal or equitable set off or counterclaim.
3.3 pay us simple interest at 8% over base rate on all outstanding amounts from the due date for payment until actual payment. This does not prevent us from taking other steps to enforce payment or exercise any lien we may have over any materials if full payment is not received by the due date.
3.4 comply with general health and safety requirements and our specific requirements in every respect when we are visiting your premises.
3.6 always act in good faith and fairly towards WRM Plumbing & Heating Limited, its officers, employees and agents.
4 Other Agreements
4.1 These terms and conditions prevail over any that you may put forward, unless we specifically accept the latter in writing.
4.2 We may terminate this agreement if any payment due to us has not been paid by the due date for that payment or if you have acted contrary to the terms hereof.
4.3 Without prejudice to clause 4.2, we may suspend performance or provision of any services if any advance payment due to us for those services has not been paid by the due date for that payment.
4.4 The implied terms set out in the Sale of Goods Act 1979 sections 12 to 15 inclusive and the Supply of Goods and Services Act 1982, sections 2 to 5 and 13 to 15 inclusive (or any statutory replacement or modification of any of them) are excluded to the fullest extent permitted by law.
4.5 We shall not be liable at all for any failure by any third party, whose services are required by us for the performance of the Services, to perform their services.
4.6 Subject to clauses 4.4 to 4.5 our liability for loss or damage resulting from breach of any duty in the course of performing our Services is limited to the nature and extent of our insurance cover and the amount available under it, as determined by our insurers, and is subject to the terms and conditions of our policy.
4.7 Our work is based upon the information that you give us. You will provide us with information that is correct and complete and you will notify us immediately if you become aware of any deficiency in that regard as this may affect our Services.
4.8 No third party may enforce any term of this agreement.
4.9 No variation in the agreement shall be valid unless it is in writing and signed by a director or principal of both parties.
4.10 These terms and conditions, together with the information set out in the estimate and/or quote comprise the entire agreement between you and us. You agree that you have not relied upon any representations or promises other than those contained in this document.
4.11 Either party may cancel the agreement if the other becomes subject to a petition for bankruptcy or winding up or to administrative receivership or initiates proposals for a voluntary arrangement.
4.12 Either party may terminate this agreement at any time by giving the other party 30 days’ written notice.
4.13 Notices may be served at the addresses for the parties set out in our estimate and/or quote unless and until any party notifies the other of another address for service for itself.
4.14 This agreement is to be construed in accordance with English law and any dispute between the parties shall be subject to the exclusive jurisdiction of the English courts.