Please read the following terms and conditions carefully as they tell you everything you need to know about the agreement you will enter into in respect of Matt Poulter Plumbing & Heating.
In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works are to be carried out by Matt Poulter Plumbing & Heating, and the “Company” means Matt Poulter Plumbing & Heating.
“Contract” means the agreement between the Customer and the Company, the Contract starts when an estimate/quote whether written or verbal is accepted.
For the purposes of these terms, “in writing” includes by email, text message or by letter.
Acceptance of Work
The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by Matt Poulter only.
Call Out Fee & Charges
The company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.
The total charge to the Customer will consist of the cost of materials supplied +15% & the amount of time spent by the employee in carrying out works including all reasonable time spent in obtaining unstocked materials.
Estimates and Fixed Price Work
Any estimate supplied by the company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 28 days from its date.
Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely total cost to the customer. The final price will be calculated based on the original estimate and any extra work/materials and may be increased above the estimated price.
In addition, the company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the estimated price by more than 20%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).
Estimates may be adjusted if the customer instructs the company (whether in written or orally) to provide additional works or services not referenced or detailed within the estimate.
Estimates may be adjusted if there is an increase in the cost of materials to be supplied
Estimates may be adjusted if further works and services need to be carried out which had not been anticipated.
The company will not be bound to any estimates provided orally.
The customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire and the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.) upon acceptance of an estimate which is subsequently cancelled by the customer (before or after work commences) or where work cannot be completed for reasons out of the companies control.
The company can invoice the customer for reimbursement at any time after cancellation, this includes cases where Matt Poulter agreed to wave reimbursement, this can be changed at any time where necessary.
Prices and Payment
All invoices are due for payment immediately upon completion of works / delivery to the customer.
All appointments made for works to be carried out (including fixed price works and estimates) with the company are done so with payment due immediately upon completion / delivery of invoice.
Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 10 days of the invoice date should access not be made available – whichever is sooner.
Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.
For any late payments whether in part or in full of an invoice to the company, will be subject to the daily interest rate of 4% over the base rate, until the payment in full is received by the company. Interest can be added after a customer has been invoiced or when the company leave the premises. The company can charge this at any time until full payment is received based on quote/estimate, even if the company decided not to proceed with payment recovery at time job was undertaken.
The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.
Illustration and Description Of Works
Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, estimates, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.
Inspection, Delivery and Completion of Works
The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and attend at the agreed time. However, the company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only.
Work will generally be undertaken between 8.30am – 4.30pm Monday – Friday and 8.30-1.00pm Wednesday. Saturday work will be undertaken at the discretion of Matt Poulter and may incur extra charges.
The customer shall indemnify the company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings and representations and warranties in connection with this contract.
The company will not hold responsibility or liability for damage caused whilst investigating, repairing and replacing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal/installation of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.
If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings including external items such as windows, conservatories, garden furniture and other similar items. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items or protect items sufficiently that will be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items and where a problem does occur the company is not liable in any way.
Out of goodwill the company at its discretion may repair or clean any damage/problems caused by work undertaken, the customer must allow to do so before seeking alternatives or undertaken rectification work themselves. If any rectification work affects third party/material guarantees, the company are not liable.
Work and Defects
All work will be to the high standards set by Matt Poulter.
The company will install items/pipework (including but not limited to shower trays, baths, showers, tiles) to industry standards, manufacturers literature and to the experience and knowledge of its employees. The company’s process overrides all.
The customer may give their opinion but decisions ultimately lie with the company.
Plastic pipework will be used when necessary and when there is no other option. Generally copper pipework will be used when visible. Pipework will be surface mounted unless otherwise stated in the written estimate.
The company will make good and repair any defect in completed work, which appears within six months of the complete date of the same, this doesn’t include defects of materials supplied by the customer.
All defects must be notified to the company by the customer in writing within this period.
This applies only to work carried out and completed by the company that has been paid in full by the customer.
Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate.
The company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the company, or where full payment has not been received for said work.
Permits, Licenses, Regulations And Other Consents/Access
It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company. The company will not be held responsible for any damage to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re-positioning, extra charges will be incurred.
The customer shall provide clear access to enable the company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.
The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
The customer will at all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.
Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.
By instructing the company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay b the customer in performing the obligations as detailed above.
The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or circumstances beyond the company’s reasonable control.
If the customer cancels any contract with the company the customer agrees to indemnify the company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment. Once cancelled the company is no longer responsible for ongoing work or issues that may arise. All guarantee will be void unless otherwise stated.
Removal of Waste And Materials
The company is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by the company unless the company states otherwise
Any guarantee provided by the company shall be for labour only, in respect of faulty workmanship from 12 months of the date of completion. Any parts, equipment or components supplied by the company will be covered by their respective manufacturer’s warranty.
The companies guarantee will become null and void if the work/appliance completed/supplied by the company is:
– Subject to misuse or negligence
– Repaired, tampered with or modified by anyone other than a company operative/representative. The company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result.
The company is unable to guarantee any work in respect of blockages in waste and drainage systems.
The company is unable to guarantee any work which has been undertaken on instruction by the customer, against the companies recommendations.
The company will only guarantee work directly undertaken by the company and its employee’s.
The company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.
The company will not guarantee work where the customer has been notified either verbally or in writing by the company of any related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe operative.
The company will not guarantee work that had not been paid for in full or when a job/contract has been cancelled by the customer or when the company has had no choice to cancel the contract due to reasons out of its control (including awkward customers).
The company may make changes and update these terms and conditions at any time without informing its customers. It is the customers responsibility to read these before they accept an estimate from the company or Matt Poulter.