Terms and Conditions

 
These are the terms and conditions on which we supply Services. 

 
1. Definitions

1.1 The following words are used in these Terms, this is what they will mean:

(a) Order: your order for the Services as set out in our Quotation;

(b) Services: the services (including if necessary materials or equipment) We are providing to you as set out in the Order;

(c) We/Our/Us: J Myatt Plumbing & Heating Limited (trading as J Myatt Plumbing & Heating) of 28 Wise Grove, Rugby, Warwickshire CV21 4BA. Registration number 8941590. Registered Office: 10 Main Street, Rugby, Warwickshire, CV22 7NB Telephone: 01788 332404
Email: [email protected]


2. Our contract with you

2.1 These Terms will become binding on you and Us when We confirm that We are able to provide you with the Services, at which point a contract will come into existence between you and Us.

2.2 We will confirm any changes to your Order in writing to avoid any confusion between you and Us.

2.3 If any of these Terms conflict with any term of the Order, the Order will take priority.

3. Changes to order or terms

3.1 You may make a change to the Order for Services at any time before the start date for the Services by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 9.1 in these circumstances.

3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.

4. Providing services

4.1 We will supply the Services to you on the date(s) agreed between Us in writing. Where we have asked for a deposit under clause 6.2 then we will only commence work after your deposit monies have cleared. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.

4.2 We may have to suspend the Services if We have to deal with technical problems or changes. We will contact you to let you know in where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.2 but this does not affect your obligation to pay for any invoices We have already sent you.

4.3 If you do not pay Us for the Services when you are supposed to as set out in clause 6.2, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.3.

5. If there is a problem with the services

5.1 In the unlikely event that there is any defect with the Services or materials supplied as part of the Services:

(a) please contact Us and tell Us as soon as reasonably possible;

(b) please give Us a reasonable opportunity to repair or fix any defect; and

(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.

You will not have to pay for Us to repair or fix a defect with the Services under this clause 5.1.

5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Nothing in these Terms will affect these legal rights.

6. Price and payment

6.1 The price of the Services will be set that set out in our Quotation (unless amended in accordance with these Terms).

6.2 We may ask you to make an advance payment of 25% of the price of the Services and where we do Your rights to a refund on cancellation are set out in clause 9. We will invoice you for the Services (or if a deposit has already been paid, then the balance of the price) on or any time after We have performed the Services You must pay each invoice in cleared monies within 14 calendar days at the date of invoice by cash, cheque or bank transfer.

6.3 Where We purchase materials and/or equipment on Your behalf as part of the Services then such materials and/or equipment:

(a) remain our property until such time has You have paid for them in full and until such time, on reasonable notice, You shall permit Us access to your property to recover any material and/or equipment; and

(b) are your responsibility from the point they are delivered to You or to your property and You will ensure that such materials and/or equipment are kept safe and insured whilst in your possession.

6.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc 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 judgment. You must pay Us interest together with any overdue amount.

6.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.

7. Our liability to you

7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.

7.2 If We are installing the equipment or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover or which become evident following installation and/or performance by Us (including problems resulting from the age of the system or failure to have the system regularly flushed or maintained).

7.3 We do not exclude or limit in any way Our liability for: (a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.

8. Events Outside Our Control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control (as described in paragraph 8.2 below).

8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 9.

9. Your rights to cancel and applicable refund

9.1 Before We begin to provide the Services You may cancel any Order for Services:

(a) if you contact Us more than 7 days before the start date for the Services and if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts subject to clause 9.3 below.

(b) If you contact us less than 7 days before the start date for the Services then we reserve the right to retain any payment in advance You have made for the Services or to invoice you for 25% of the price of the Services, as a contribution towards any losses or costs We suffer as a result of Your late cancellation.

This clause 9.1 shall not apply if You choose to cancel because We are affected by an Event Outside Our Control and the provisions clause 10.1 shall apply in such circumstances.

9.2 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 14 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you subject to the provisions of clause 9.3 below.

9.3 If you cancel an Order for Services and We have already started work on your Order (which includes ordering any parts, equipment or materials necessary for your Order) by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, this charge will be invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms you do not have to make any payment to Us (except where We have been affected by an Event Outside Our Control when clause 10.1 shall apply).

9.4 We will confirm your cancellation in writing.

10. Our rights to cancel and applicable refund

10.1 If We have to cancel an Order for Services before the Services start:

(a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

(b) If We have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

(c) Where We have already started work on your Order for Services (which includes ordering any parts, equipment or materials necessary for your Order) by the time We have to cancel under clause 10.1(a), We will not charge you anything and you will not have to make any payment to Us.

10.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

(a) you do not pay Us when you are supposed to as set out in clause 6.2. This does not affect Our right to charge you interest under clause 6.4; or

(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.

11. how to contact us

11.1 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to the address at the beginning of these Terms. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

12. Other important terms

12.1 We may transfer or sub-contract Our rights and obligations under these Terms to another organisation but this will not affect your rights or Our obligations under these Terms.

12.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.3 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.