- Introduction – These are J&D Francis Plumbing & Heating LLP Boiler Installation Terms & Conditions
They tell you:
- The rules for using our services.
- What you can expect from J & D Francis Plumbing & Heating LLP
- Your rights & responsibilities
- When these Terms Apply
Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms.
The latest version always applies, and we’ll usually on make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
- What Do We Mean by “Services”?
Anything offered by J & D Francis Plumbing & Heating LLP, across all the trades we cover (Plumbing, Heating, Boilers and Emergencies) :
- Enquiries
- Estimates
- Project Work
- Installations
- Repairs
- Emergency Call Outs
- Servicing
- Guarantees
- Terminology
For the purpose of these terms & conditions the following words have the following meanings:
- “Us/We/Our” refers to J & D Francis Plumbing & Heating LLP
- “You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials)
- “Trades person / tradespeople” refers to the representative(s) appointed by us to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.
- Hourly Work
The total charge to you will consist of the cost(s) of:
- Labour (the amount of time spent by the tradesperson carrying out work) charged in accordance with our current hourly rate
- Materials supplied by us (not exceeding retail price plus at least 20% mark-up)
You will only be charged for the time spent related to your work. All other times i.e. lunch breaks, are non- chargeable.
- Fixed Price Work
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials. Where a written estimate / quote has been supplied to you, the total charge outlined should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
- If, after submission of the estimate / quote, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate / quote.
- If, after submission of the estimate / quote, there is an increase in the price of materials.
- If, after submission of the estimate / quote, it is discovered that further work needs to be carried out which were not anticipated when the estimate / quote was prepared.
- If, after submission of the estimate / quote, it is discovered that there is a manifest error when the estimate / quote was prepared.
We will not be under any obligation to provide and estimate / quote to you and will only be bound by estimates / quotes given in writing to you and signed by an authorised representative. We will not be bound by an estimate / quote given orally or in which manifest errors occur.
- Invoices & Payment
Upon your agreement for us to carry out estimated / quoted or pre-booked work, a deposit payment of the total materials cost or at least 50% of the total job cost, (whichever is higher), is payable immediately.
We reserve the right to request FULL payment in advance at our discretion.
Should the deposit be delayed in being transferred and J & D Francis Plumbing & Heating LLP no longer has the dates available, then alternative dates will be booked or the deposit will be returned.
Upon completion of work, you will be invoiced, for which payment is due on receipt.
J & D Francis Plumbing & Heating LLP reserves the right to accrue and charge interest on any payment of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full.
You accept sole liability to make payment in full.
- Timekeeping
Where the date and/or time for work to be carried out is agreed upon, we will use reasonable endeavour to ensure that the tradesperson attends accordingly. We accept no liability in respect of the non-attendance or late attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
- Cancellation
If you need to cancel (or rearrange) your booking you MUST notify us (preferably by telephone) 48 hours before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
Should you wish to cancel the contract between us in respect of the works, you have (in accordance of the provisions of the Consumer Contract Regulations 2013) fourteen (14) days in which to do so following your acceptance of our estimate / quotation. If the booking is made and to start within fourteen (14) days, then the customer waives this right.
If you cancel your instructions more immediately before work is carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.
- Satisfaction
J & D Francis Plumbing & Heating LLP is committed to providing professional top-quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. You must allow us, and our insurers, the opportunity to both inspect & carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
- Guarantee
For your peace of mind, we provide a 12 month guarantee on labour carried out by a J & D Francis Plumbing & Heating LLP tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty / warranties.
The guarantee will become null & void if the work/appliance completed/supplied by us is:
- Subject to misuse or neglect
- Repaired, modified or tampered with by anyone other that a J & D Francis Plumbing & Heating LLP tradesperson. We will accept no liability for, or guarantee suitability, materials supplied by you & will accept no liability for any consequential damage or fault.
We will not guarantee any work in respect of:
- Blockages in waste or drainage systems
- Any work undertaken on instruction from you against the written or verbal advice of the tradesperson.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over ten(10) years old) no warranty is given in respect of such work, and we accept no liability in respect of the effectiveness of such work otherwise.
- Liability
We will only be liable for rectifying our own work and will not be held responsible for any ensuing damage or claims resulting from work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or in writing.
We shall not be held responsible for electrical faults occurring on the boiler during routine service or repair. It is a common and well-documented problem across the industry that some boilers malfunction when the power supply has been interrupted, unfortunately we have to isolate the electrical supply for health & safety reasons when carrying out these tasks.
We shall not be responsible for any service valves within the property that may become defective while being used for their intended purpose. This includes but is not limited to, external and internal stop taps, isolation valves (pipework/boiler), drain-cocks, radiator valves & bleed/vent points. In the event that they do become defective during use, we will advise and quote accordingly for a repair or replacement.
We shall not be liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations, or any Gas Warning Notice issued by a J & D Francis Plumbing & Heating LLP tradesperson.
- Title to Goods
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property, we have the absolute right to:
- Retake, sell or otherwise deal with or dispose of all or any part of these goods.
- Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed to be so.
- Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure then at replacement value, and if asked you must produce evidence that they are properly insured.
The customer holds no right to withhold any tools or materials brought onto the premises. They must be made available immediately or legal proceedings will be brought to retrieve these items, for which the customer will be fully liable, including loss of earnings.
- General
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by and instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you.
By entering into a contract with us you agree irrevocably to waive the application of these terms and conditions
These terms and conditions, and all contract awarded between us and you, shall be governed and constructed in accordance with English Law and shall be subject to the exclusive jurisdiction of English Law.