PLUMBER TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions shall apply to the provision of services by <<Insert name of Plumber>> or <<Address>> (“the Plumber”) 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;
“Agreed Date” means the date on which the provision of the Services will commence as agreed by the Parties;
“Agreed Times” means the times which the Parties shall agree upon during which the Plumber shall have access to the Property to render the Services;
“Customer” means the individual that requires the Services subject to these Terms and Conditions;
“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 Plumber as set out in Clause 2 of these Terms and Conditions;
“Property” means the Customer’s home, as detailed in the Order, 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 <<insert general nature of services, e.g. installation, fitting and repair>> services provided by the Plumber as detailed in Clause 5 of these Terms and Conditions; and
“Visit” means any occasion, scheduled or otherwise, on which the Plumber shall visit the Property to render the Services.
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 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
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
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 the other gender.
2. Orders
2.1 The Plumber accepts orders for his Services through <<insert methods e.g. telephone, internet etc.>>.
2.2 When placing an Order 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.). [The Plumber shall provide an order form to the Customer which shall provide prompts for all required information.]
2.3 Once the Order is complete and submitted the Plumber 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.
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.
3. Deposit
3.1 At the time of accepting the Quotation or not more than <<insert period e.g. 7 days>> thereafter the Customer shall be required to pay a Deposit to the Plumber. The Deposit shall be <<insert sum e.g. 25% of the Quoted Fee>>. Orders shall not be deemed confirmed until the Deposit is paid in full.
3.2 Subject to the provisions of Clause 8 the Deposit shall be non-refundable.
4. Fees and Payment
4.1 The Quoted Fee shall include the price payable for the Services and for the estimated sundry parts and other products required to render the Services.
4.2 The Plumber shall use his best and reasonable endeavours to use only the sundry parts and other products (and quantities thereof) set out in the quotation; however if additional sundry parts and other products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.
4.3 In the event that the price of sundry parts and other products or Services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, the Plumber shall inform the Customer of such increase and of any difference in the Final Fee.
4.4 The Plumber shall invoice the Customer when the provision of the Services is complete.
4.5 All invoices must be paid within <<insert period e.g. 14 days>> of receipt by the Customer.
4.6 Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.5 shall incur interest on a daily basis at <<insert percentage>>% above the base rate of <<insert name of bank>> obtaining at the time.
5. Services
5.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation (as may be amended by mutual agreement from time to time).
5.2 The Plumber may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
5.3 The Plumber shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
5.4 The Plumber shall ensure that he complies with any and all relevant codes of practice.
5.5 [The Plumber shall properly dispose of all waste that results from his rendering of the Services.]
5.6 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions.
6. Sub-Contracting
The Plumber shall be free to sub-contract any of his obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer.
7. Customer’s Obligations
7.1 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.
7.2 The Customer shall ensure that the Plumber can access the Property at the Agreed Times to render the Services.
7.3 The Customer shall have the option of giving the Plumber a set of keys to the Property or being present at the Agreed Times to give the Plumber access. The Plumber warrants that all keys shall be kept safely and securely.
7.4 The Customer shall ensure that the Plumber has access to electrical outlets and a supply of hot and cold running water.
7.5 The Customer must give the Plumber at least <<insert period e.g. 24 hours>> notice if the Plumber will be unable to provide the Services on a particular day or at a particular time. The Plumber will not invoice for cancelled Visits provided such notice is given. If less than <<insert period e.g. 24 hours>> notice is given the Plumber shall invoice the Customer at his normal rate.
8. Cancellation
8.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. The following shall apply to cancellation or rescheduling:
8.1.1 If the Customer cancels the Job more than <<e.g. 28 days>> before the Agreed Date the Plumber shall issue a full refund of all sums paid, including the Deposit.
8.1.2 If the Customer reschedules the Job more than <<e.g. 28 days>> before the Agreed Date the Plumber shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job.
8.1.3 If the Customer cancels the Job less than <<e.g. 28 days>> but more than <<e.g. 14 days>> before the Agreed Date the Plumber shall refund any sums paid less the Deposit.
8.1.4 If the Customer reschedules the Job less than <<e.g. 28 days>> but more than <<e.g. 14 days>> before the Agreed Date the Plumber shall retain any sums paid including the Deposit and shall deduct all such sums (excluding the Deposit) from any balance payable on the rescheduled Job. A new Deposit shall be payable on the rescheduled Job.
8.1.5 If the Customer cancels the Job less than <<e.g. 14 days>> before the Agreed Date the Plumber shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
8.1.6 If the Customer reschedules the Job less than <<e.g. 14 days>> before the Agreed Date the Plumber shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled Job.
8.2 The Plumber may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
