Pinnacle Plumbing & Heating
Terms & condtions
This Contract is subject to the below terms and conditions and both Parties agree to be bound thereby: For the purpose of this Contract the “Client” shall mean the “Client” whose name and details appear overleaf or as set out in the agreement attached for whom the Work is carried out. This Contract is between the “Client” and Pinnacle Plumbing & Building Ltd to carry out the Work. The “Work” shall mean the work described by the Quotation, estimation or any other written agreement between the parties which shall also include any documents signed in electronic format.
- The Client shall be treated as an Account Client or a Non Account Client.
- All Quotations, estimates or written agreements are given and all Work requests are accepted on these terms. They supersede any other pricing which may appear elsewhere, and over-ride and exclude any other terms stipulated or interpreted or referred to by the Client, whether in the Work request or any negotiations or any course of dealings established between Pinnacle Plumbing & Building Ltd and the Client. All Work agreed between the Pinnacle Plumbing & Building and the Client shall be deemed to be made subject to this Contract.
- Quotations, estimates or written agreements are subject to withdrawal at any time before receipt of qualified instructions from the Client and shall be deemed to be withdrawn unless so accepted within ninety days from the date that it is communicated to the Client.
- The Work is based on the information supplied to Pinnacle Plumbing & Building Ltd by the Client. Unless stated otherwise the Work is not a firm or fixed price, it is a proposal of the estimated price. Additional costs may be incurred including relevant materials, labour, equipment hire or transport since the date the Work was accepted. Pinnacle Plumbing & Building Ltd reserves the right to notify the Client and to increase the quote price by ten per cent (10%) from the original Work.
3. Work performance
- The Work is to be performed as specified in Plumbing & Building Ltd quotation, estimate or as otherwise agreed to in any other written agreement between the Parties.
- The amount payable by the Client is stated in paragraph 2.
- For extensive work (new equipment installation, refurbishment, construction work), a deposit of up to fifty per cent (50%) may be required prior to the commencement of the work. If any outstanding balances are not cleared all the installed material shall remain the property of Pinnacle Plumbing & Building Ltd until the total amount due has been paid in full.
- Invoices will be submitted to the Client on completion of the Works and payment must be made on completion. Clients who fail to settle accounts on completion of the Works are liable, at Pinnacle Plumbing & Building Ltd’s discretion, to incur an interest charge equal to five percent (5%) of the full invoice value, charged on a daily basis from the date the invoice was raised until full settlement is made. Returned cheques will be subject to a procession charge and in addition Pinnacle Plumbing & Building Ltd reserves the right to make additional administration charges.
- A non-payment fee of £110.00+VAT will be added to any outstanding invoices that have not been cleared. For account and non-account clients, failure to settle any outstanding invoices will result in their details being passed to a Debt Collection Agency.
- If the Client is acting on behalf of a third party, in the event of non-payment by the Client, the third party is liable for any outstanding payment to Pinnacle Plumbing & Building Ltd.
- If the Works involve an analytical process to determine the cause or origin of a fault or breakdown and throughout that process an item is determined by Pinnacle Plumbing & Building Ltd to be faulty and is substituted, the Client will be held fully liable to pay for the replacement even if the breakdown was caused in whole or partly by a different fault.
5. Material Collection
- Pinnacle Plumbing & Building Ltd will charge collection fee on non-stock material. If the collection occurs whilst an engineer is on site, the time taken will be treated as an additional to the Works Project and charged at the relevant rate. The collection fee is £45.00 plus Pinnacle Plumbing & Building Ltd shall also charge normal mark-up to cover handling and stock cost.
- Except as provided by law, no Work may be cancelled by the Client except with the agreement in writing of Pinnacle Plumbing & Building Ltd and on terms that the Client shall indemnify Pinnacle Plumbing & Building Ltd in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Pinnacle Plumbing & Building Ltd as a result of cancellation, any such termination is without prejudice to Pinnacle Plumbing & Building Ltd’s right to payment from the Client.
- If the Client cancels an appointment with Pinnacle Plumbing & Building Ltd, the Client will be liable for the following cancellation fees: (i) if less than twenty four hours of a scheduled appointment of £15.00 (ii) if less than or up to two hours (notification in opening hours 8.00am – 5.00pm) of scheduled appointment of £50.00.
- The Client may, cancel the acceptance of Work in writing or if the acceptance form had been signed on the following terms:
- Non-Emergency Work: Up to five days and more, before commencing the Work shall not incur a cancelation fee, unless any subsequent charges have been incurred. If less than five days before commencement, the Client will be liable for the subsequent cancellation charges, contributions to the bank and credit card charges, refunds, administration and other costs incurred up to twenty per cent (20%) of Work.
- Quotation Work: Up to five days and more, before commencing the Work shall not incur a cancellation fee, unless any subsequent charges occurred. If less than five days before commencement the Client will be liable for the subsequent cancellation charges, contribution to the bank and credit card charges, refunds, administration and other costs incurred up to twenty per cent (20%) of the Work.
7. Commencement and inspection of the work
- Dates specified for the commencement and completion of the Works are estimates only and shall not be the essence of the contract.
- The Client shall inspect the work as far as is reasonably possible immediately on completion and shall within 7 days give written notice to Pinnacle Plumbing & Building Ltd in detail of any grounds on which Client alleges that the Work is not in accordance with this Contract. If the Client fails to give such notice, then the Works shall be deemed to have being accepted as free from any defects which would be apparent on reasonable examination of the Work.
- If the Client is not wholly satisfied with the Works then the Client shall give notice in writing within 7 days to Pinnacle Plumbing & Building Ltd. Pinnacle Plumbing & Building Ltd, and its insurers, shall have the right to inspect the completed Works and carrying out any necessary remedial works if appropriate.
- Pinnacle Plumbing & Building Ltd cannot accept any responsibility for the following: (i) materials and parts supplied by third party manufactures and suppliers whether under warranty or not; (ii) Any structural systems not installed by Pinnacle Plumbing & Building Ltd; (iii) defects caused by the Client’s negligence by not informing Pinnacle Plumbing & Building Ltd about any unknown disclosed circumstances; (iv) defects arising from misuse, inappropriate operation performed or caused by any third party instructed by or acting on behalf of the Client.
8. Dangerous Gases, Liquids and Materials
- Prior to the commencement of the Work, the Client shall inform Pinnacle Plumbing & Building Ltd of all dangerous gases, liquids, asbestos and any other materials of any nature whatsoever which are present on the premises where the Work is to be carried out and which could constitute a danger to Pinnacle Plumbing & Building Ltd employees in carrying out the Works or otherwise.
- The Client shall also ensure that Pinnacle Plumbing & Building Ltd is advised in writing of all precautions which need to be taken on account of the presence of such dangerous materials. The Client shall provide suitable cleaning facilities and, if circumstance require it, a qualified and competent Health & Safety authorised person to advise upon how the Works can be safely completed. The Client shall also notify Pinnacle Plumbing & Building Ltd in writing of any special requirements laid down by the H&S authorised person or similar authority. The Client shall be responsible for all loss or damage whether direct, indirect or consequently due to the client failure to fulfil any of the above obligations. If the Client shall fail to comply with the above then Pinnacle Plumbing & Building Ltd shall have no obligations to carry out the Work.
9. Indemnity & Liability
- The Client agrees to indemnify Pinnacle Plumbing & Building Ltd against all actions, suits, claims, demands, losses, charges, costs and expenses which Pinnacle Plumbing & Building Ltd may suffer or incur in connection with the claim by any third party as a result of any act or omission of the Client relating to or arising from the execution of this Contract.
- Pinnacle Plumbing & Building Ltd has not made, nor is it implied that it has made, any representations and has not given any guarantees of quality, including, without limitation, speed or continuity, merchantability, suitability for a particular purpose, or otherwise in relation to the Work provided hereunder.
- Except in respect of death or personal injury caused by Pinnacle Plumbing & Building Ltd’s negligence, or any loss caused by the fraud of Pinnacle Plumbing & Building Ltd, Pinnacle Plumbing & Building Ltd shall not be liable to the Client by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any:(i) loss or damage incurred by the Client as a result of third party claims or defects in the Work;(ii) loss of actual or anticipated profits;(iii) loss of business opportunity;(iv) loss of anticipated savings;(v) loss of goodwill;(vi) injury to reputation; (vii) any indirect, special or consequential loss or damage howsoever caused even if Pinnacle Plumbing & Building Ltd was advised of the possibility of them in advance; or,(viii) any direct or indirect loss or disappointment caused by or in connection with the provision of services.
- Without prejudice to any applicable exemption of liability and notwithstanding any other provision of this Contract, the total maximum liability of the Parties hereto for breach of this Contract and/or in tort relating to or resulting from the execution of this Contract and/or for a contravention of the Legislation, shall be limited to the amount of Fees paid by the Client under this Contract.
- The Client shall provide clear access, permits and permissions required, to carry out the Works. The Client shall provide if possible the floor plan drawing layouts; if this is not available Pinnacle Plumbing & Building Ltd reserves the right to render additional charges to complete the Works. The Client shall obtain consent for Pinnacle Plumbing & Building Ltd to obtain access to third party property if it is necessary for the proper execution of the Work. The Client shall be liable to Pinnacle Plumbing & Building Ltd for all loss or damage whether direct, indirect or consequently suffered by us as a result or failure or delay by the Client obtaining the necessary consent mentioned above.
11. Ancillary Provisions
- The Client undertakes at his own expense to provide such additional labour Pinnacle Plumbing & Building Ltd may reasonably require to put us in a position to carry out the Works. Such additional labourers shall be suitably qualified and experienced to carry out the Works. The Client should also provide at Pinnacle Plumbing & Building Ltd’s request such scaffolding, ladders or other equipment as may be necessary in order to reach access points to satisfactorily complete the Work.
- Unless otherwise agreed in writing the Client will be responsible for the removal of all waste material from the Work site.
- Pinnacle Plumbing & Building Ltd shall not be liable for any fractured or frozen pipes and cannot guarantee to clear blockages occurring in a frozen pipe or drain.
- The Client will make all necessary arrangements with the proper authorities for traffic controls and signals required to carrying out the Work. If these are not provided or are inadequate, the Client shall be liable for any loss or damage resulting from this failure.
The Client shall be responsible for providing all necessary power and clean water supply to the Work site.
- Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
- Any waiver by Pinnacle Plumbing & Building Ltd or Client of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
14. Invalidity of these Terms
- If any provisions of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of this Contract and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole, or in part, invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.
15. Entire Agreement
- This Contract sets forth the entire understanding and supersedes all prior and contemporaneous agreements between the parties relating to the subject matter of this Contract and merges call prior and contemporaneous discussions between them.
16. Applicable Law
- This Contract shall be governed and construed in accordance with the law of England and the parties submit to the exclusive jurisdiction of the English Courts in London.
17. Third Party Rights
- No person who is not a party to this Contract may in its own right enforce any terms of this Contract.
18. Force Majeure
- Pinnacle Plumbing & Building Ltd shall not be liable to the Client or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of Pinnacle Plumbing & Building Ltd’s obligations in respect of the Product, if the delay or failure was due to any cause beyond Pinnacle Plumbing & Building Ltd’s reasonable control including (without limitation) any failure to deliver the Product occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Product from the importer or from the manufacturer.
- The Client shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign this Contract in a representative capacity so that their liability shall be joint and several. The Client warrants that he has the authority to bind the principal to the contract as agent on it.