TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions shall apply to the provision of services by J A Plumbing & Heating
Solutions Ltd (“the Company/Engineer”) to customers that require his services.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Agreement”
means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation
and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and
Conditions [and which is attached hereto as Schedule 1];
“Agreed Date”
means the date on which the provision of the Services will commence as agreed by the Parties [as
evidenced in Schedule 1];
“Agreed Times”
means the times which the Parties shall agree upon during which the Engineer shall have access to
the Property to render the Services [as evidenced in Schedule 1];
“Business Days”
means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full
range of normal business in Oxfordshire.
“Confidential Information”
means, in relation to either Party, information which is disclosed to that Party by the other Party
pursuant to or in connection with the Agreement (whether orally or in writing or any other medium,
and whether or not the information is expressly stated to be confidential or marked as such);
“Customer”
means the individual or business that requires the Services subject to these Terms and Conditions
and the Agreement;
“Final Fee”
means the total of all sums payable which shall be shown on the invoice issued in accordance with
Clause 4 of these Terms and Conditions.
“Job”
means the complete rendering of the Services;
“Order”
means the Customer’s initial request to acquire the Services from the company as set out in Clause 2
of these Terms and Conditions;
“Property”
means the Customer’s property or premises, as detailed in the Order and the Agreement, at which
the Services are to be rendered;
“Quotation”
means a quotation detailing proposed fees and services supplied to the Customer in accordance with
Clause 2 of these Terms and Conditions;
“Quoted Fee”
means the Fee which will be quoted to the Customer following the Order which may vary according
to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
“Services”
means the plumbing and heating works, e.g Installation, fitting, repair and investigation services
provided by the company as detailed in Clause 5 of these Terms and Conditions;
“Visit”
means any occasion, scheduled or otherwise, on which the engineer shall visit the Property to
render the Services; and
“Work Area”
means the part of the Property within which the Services are to be rendered.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected
by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or
re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the
Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than
the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a "Party" or the "Parties" refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no
effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include all and not discriminate.
1.6 References to persons shall include corporations.
2. Orders
2.1 The Company accepts orders for his Services through email, letter and phonecall.
2.2 When placing an Order for a quotation the Customer shall set out, in detail, the Services
required. (Details required include the location and size of the Property, number and type of rooms
in which work is required, the type(s) of work (e.g. piping, installation of appliances etc.). Where
necessary the engineer will need to provide a site survey of the property and, as such, it is assumed
that any existing systems that we connect to are in good condition and in working order. Should we
find, during the course of the Works, any faults with the existing systems or you fail to mention any
relevant facts relating to the existing installation, we reserve the right to make a charge for
correcting the same.
2.3 Once the site survey or adequate information is provided the Company shall prepare and
submit a Quotation to the Customer either by email or first class post which shall set out the
required Deposit and Fee, detailed in Clauses 3 and 4 respectively. We are under no obligation to
provide a quote to you and we reserve the right to refuse or decline work at our discretion.
2.4 The Customer shall be free to make changes to the Order and Quotation prior to
acceptance. The Customer may accept the Quotation by telephone, email or first class post.
2.5 Unless specified, the Works will not include: (a) any tiling, casing in of pipework, boxing,
painting, decorating or any other kind of aesthetic and/or decorative works; (b) dismantling, clearing
and re-instatement of any fitted cupboards; 3 (c) any allowance for out-of-hours working, but we
may work out of hours to suit our own requirements; (d) the removal of any dangerous waste
materials such as asbestos found when carrying out the Works. This will be subject to an extra
charge and will have to be arranged by you or by us at an additional charge; and (e) any parking fees
levied in Controlled Parking Zones (CPZ’s) or vehicle parking costs. Any such costs incurred will be
added to the Contract Price.
2.6 Prior to the commencement of the Works involving gas appliances, the existing gas supply
may be subject to a soundness test to check for compliance with Gas Safety Regulations. Any faults
found will be advised to you and any rectification works we are required to undertake may be
subject to additional charges.
2.7 Should the Works include a power flush of the existing heating system, it must be pointed
out that, whilst this treatment is generally harmless, depending on the condition of the existing
components the process may find weaknesses in the system. Should any such problems be
encountered then any rectification works required may be charged at extra cost.
3. Deposit
3.1 At the time of accepting the Quotation the Customer shall be required to pay a Deposit to
the Company. The Deposit shall be the materials amount if £500 or over. Works will not commence
unless the materials deposit has been paid.
3.2 Subject to the provisions of Clause 8 the Deposit shall be non-refundable.
4. Fees and Payment
4.1 The price of the Works (which includes VAT) will be the price set out in our Quote, unless we
have agreed another price in writing. Payment terms and how to pay will be set out on the invoice.
4.2 If the rate of VAT changes between your order date and the date we supply the goods and
services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in
full before the change in the rate of VAT takes effect.
4.3 We will send you an invoice on completion of the Works setting out the amount due and how to
pay. Depending on the Works you have asked us to provide we may ask for a part payment of the
materials cost in advance to cover initial costs. If we do ask for a payment upfront, we will send you
a Deposit Invoice which will need to be settled before goods can be ordered and work can
commence.
4.4 If you do not make any payment to us by the due date we may charge interest to you on the
overdue amount at the rate of 5% a year above the base lending rate of Natwest Bank from time to
time. This interest shall accrue on a daily basis from the due date until the date of actual payment of
the overdue amount, whether before or after judgement. You must pay us interest together with
any overdue amount. Where an account has become overdue, we reserve the right to use third
party debt collectors and any additional costs incurred through this process shall be passed on to the
client.
5. Services
5.1 The Services shall be rendered in accordance with the specification set out in the accepted
Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
5.2 The Company shall ensure that the Services are rendered with reasonable care and skill and
to a reasonable standard which is commensurate with best trade practice.
5.3 The Company shall ensure that he complies with any and all relevant codes of practice.
5.4 The Plumber shall properly dispose of all waste as outlined in the quotation that results from
the rendering of the Services.We shall not remove waste from the property supplied by the
customer.
5.5 Time shall [not] be of the essence in the rendering of the Services under these Terms and
Conditions or under the Agreement.
6. Customer’s Obligations
6.1 If any consents, licenses or other permissions are needed from any third parties such as
landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to
obtain the same in advance of the commencement of the Services.
6.2 The Customer shall ensure that the Work Area is kept clear and safe of furniture, fixtures
and fittings, animals, children and out of use for the duration of the Job unless otherwise directed by
the Company.
6.3 The Customer shall ensure that the Engineer can access the Property at the agreed times to
render the Services.
6.4 The Customer shall have the option of giving the Engineer a set of keys to the Property or
being present at the agreed times to give the Engineer access. The Engineer warrants that all keys
shall be kept safely and securely.
6.5 The Customer shall ensure that the Engineer has access to electrical outlets and a supply of
hot and cold running water.
6.6 The Customer must give the Company at least 24 hours notice if the Engineer will be unable
to provide the Services on a particular day or at a particular time. The Company will not invoice for
cancelled Visits provided such notice is given. If less than 24 hours notice is given the Company shall
invoice the Customer at his normal rate.
7. Cancellation
7.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. The
following shall apply to cancellation or rescheduling:
7.1.1 If the Customer cancels the Job 10 days before the Agreed Date the Company shall issue a
full refund of all sums paid, including the Deposit.
7.1.2 If the Customer reschedules the Job before the Agreed Date the Company shall retain all
sums paid, including the Deposit and shall deduct all such sums from any related balance payable on
the rescheduled Job.
7.1.3 If the Customer cancels the Job less than 5 days before the agreed date the Company shall
retain 20% of all sums paid to cover administrative charges.
7.2 The Plumber may cancel the Job at any time before the Agreed Date and shall refund all
sums paid, including the Deposit.
7.3 The Company may reschedule the job at any time before the Agreed Date and shall inform
the customer and find the next suitable date.
7.4 All dates or times given for the start of the Works are given in good faith based on the
information gained during the survey and our current workload commitments. We reserve the right
to change the start date for the Works.
7.5 Upon the acceptance of the Quote, we will let you know when we will be able to begin the
Works. Any dates given shall be estimates only and time shall not be of the essence for performance
of the Works. No liability will be accepted for any delay, in starting or completing the Works or if it is
not possible to meet your timescales. If the Works are delayed, then we will contact you as soon as
possible to let you know and we will take steps to minimise the effect of the delay.
8. Liability, Indemnity and Insurance
8.1 The Company shall ensure that all Engineers have in place at all times suitable and valid
insurance which shall include public liability insurance.
8.2 The Company’s total liability for any loss or damage caused as a result of its negligence or
breach of these Terms and Conditions or of the Agreement shall be limited to £5 Million.
8.3 The Company is not liable for any loss or damage suffered by the Customer which results
from the Customer’s failure to follow any instructions given by the Company/Engineer.
8.4 Nothing in these Terms and Conditions shall limit or exclude the Engineer’s liability for death
or personal injury.
8.5 The Company shall indemnify the Customer against any costs, liability, damages, loss, claims
or proceedings arising out of the Engineer’s rendering of the Services or any breach of these Terms
and Conditions.
8.6 The Customer shall indemnify the Engineer’s against any costs, liability, damages, loss,
claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other
breach of these Terms and Conditions.
9. Guarantee
9.1 The Company guarantees that the product of all Services provided shall be free from any
and all defects for a period of 12 months following completion of the Job.
9.2 If any defects in the product of the Services appear during the guarantee period set out in
sub-Clause 9.1 the Company shall rectify any and all such defects at no cost to the Customer.
9.3 The Guarantee will become null & void if the work or goods completed or supplied by us is
subject to misuse or negligence or repaired, modified or tampered with by anyone other than us or
our representatives.
9.4 This guarantee does not cover the following situations. (a) any existing, installed equipment,
pipework or fittings; (b) any work in respect of blockages in waste and drainage systems; (c) any
work undertaken on instruction from you and against the written or verbal advice from us; (d) any
work undertaken on inferior quality systems or goods over ten years old; or (e) any work undertaken
by us where we have notified you of other related work which requires attention, but you have not
instructed us to carry out this related work.
9.5 Warranties for fixtures, fittings and appliances are supplied direct from the manufacturer.
Details of these warranties can be found on the manufacturers website or by contacting the
manufacturer. If you would like to request warranty information prior to work commencing for any
items included in our Quote, we will be happy to assist you in locating the relevant information.
9.6 We will not accept any liability for or guarantee the suitability of any goods supplied by you
and will not be liable for any consequential damage or fault by using such goods.
10. Data Protection
The Company will only use the Customer’s personal information provided to us to carry out the
works, to take payment for the works carried out and to liase about the works.
11. Confidentiality
11.1 Except as provided by sub-Clause 11.2 or as authorised in writing by the other Party, each
Party shall, at all times during the continuance of the Agreement and [for 5 years] after its
termination:
11.1.1 keep confidential all Confidential Information;
11.1.2 not disclose any Confidential Information to any other party;
11.1.3 not use any Confidential Information for any purpose other than as contemplated by and
subject to the terms of the Agreement;
11.1.4 not make any copies of, record in any way or part with possession of any Confidential
Information; and
11.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers
does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 11.1.1
to 11.1.4 above.
11.2 Either Party may:
11.2.1 disclose any Confidential Information to:
11.2.1.1 any sub-contractor or supplier of that Party;
11.2.1.2 any governmental or other authority or regulatory body; or
11.2.1.3 any employee or officer of that Party or of any of the aforementioned persons, parties or
bodies;
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but
not limited to, the provision of the Services), or as required by law. In each case that Party shall first
inform the person, party or body in question that the Confidential Information is confidential and
(except where the disclosure is to any such body under sub-Clause 11.2.1.2 or any employee or
officer of any such body) obtaining and submitting to the other Party a written confidentiality
undertaking from the party in question. Such undertaking should be as nearly as practicable in the
terms of this Clause 11, to keep the Confidential Information confidential and to use it only for the
purposes for which the disclosure is made; and
11.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the
extent only that it is at the date of the Agreement, or at any time after that date becomes, public
knowledge through no fault of that Party. In making such use or disclosure, that Party must not
disclose any part of the Confidential Information which is not public knowledge.
11.3 The provisions of this Clause 11 shall continue in force in accordance with their terms,
notwithstanding the termination of the Agreement for any reason.
12. Force Majeure
12.1 No Party to the Agreement will be liable for any failure or delay in performing their
obligations where such failure or delay results from any cause that is beyond the reasonable control
of that Party. Such causes include, but are not limited to: power failure, internet service provider
failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war,
governmental action or any other event that is beyond the control of the Party in question.
12.2 In the event that a Party to the Agreement cannot perform their obligations thereunder as a
result of force majeure for a continuous period of 14 days, the other Party may at its discretion
terminate the Agreement by written notice at the end of that period. In the event of such
termination, the Parties shall agree upon a fair and reasonable payment for all Services completed
up to the date of termination. Such payment shall take into account any prior contractual
commitments entered into in reliance on the performance of the Agreement.
13. Termination
13.1 Either Party may immediately terminate the Agreement by giving written notice to the other
Party if:
13.1.1 any sum owing to that Party by the other Party under any of the provisions of the Agreement
is not paid within <
If you need a gas engineer or plumber in Oxfordshire, your search is over.
Founded by James Athey 2019, following 21 years of industry experience, J A Plumbing and Heating has the solution to all your plumbing or heating needs.
With a range of residential and commercial services, reliable engineers, and quality service, you can trust J A Plumbing and Heating to complete all work to the highest standard. Whether you need a small repair, or a whole boiler and heating replacement, we’re here to help.
