Aqueduct Plumbing Solutions Terms and Conditions
1. Throughout these terms and conditions, the word ‘Client’ means you, the ‘Customer’, and ‘Supplier’ means Aqueduct Plumbing Solutions.
2. Relationship Between the Parties
2.1. The client engages the Supplier to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the Parties shall operate to make the supplier an employee or agent of the Client.
3. The Quotation
3.1.The Quotation shall set out:
a) The services which the supplier will undertake for the Client
b) The costs which the Client shall be charged for the performance of the services including
i. Any fees which the Supplier shall charge including material costs
ii. Any VAT or tax element which will be payable by the Client
3.2. The Quotation shall be attached to these terms and conditions and where a contract is entered into between the Supplier and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
The Quotation will remain open for acceptance a period of 30 days. Should the Quotation not be accepted within this period it may be varied by the Supplier.
4. The Services and the Time and Manner of their Delivery
4.1 The supplier will endeavour to provide the services within the time frame specified.
4.2. Time frames and dates of delivery are provided for guidance only and the Supplier makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which the Supplier will make for labour & materials as well as any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Client.
5.2. The intervals at which the Supplier may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Not with standing 4.1 and 4.2 above, the Supplier may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated or unforeseen at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees
a) Not to withhold any sums due to the Supplier. b) To settle all invoices raised by the supplier within.7 days c) Invoices are due for payment within 7 days from the date shown upon an invoice being raised. Any part of that invoice which remains unpaid shall carry interest at the rate of 8% over the HSBC bank base rate until payment in full is received. d) To pay to the Supplier such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
5.5. The client will pay to the supplier the deposit as specified in the quotation to be received in clear funds in advance of any services being carried out.
In accordance with the Consumer Contracts(Information, Cancellation and Additional Charges) Regulations 2013, and where the Client is a consumer within the meaning of section 12 of the Unfair Contract Terms act 1977, where the Client wishes to cancel this contract the Client must express consent in writing within 14 calendar days of signing this agreement (or within whatever extended period the Supplier may specify in the Quotation) and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs which the Supplier has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
7. Client’s Obligations
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to the Supplier. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co-operate with the Supplier as may be necessary to facilitate this agreement, including but not limited to.
a) Permitting the Supplier access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Providing for the Supplier such facilities as may be necessary in order to allow him to complete the services.
c) Following the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after the Supplier has completed the agreed services.
7.4. Where the Supplier stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to the Supplier for any loss or damage.
7.5. The Client shall be responsible for any permissions, licenses are necessary in order for the services to be provided. The Client warrants that he/she has applied for and obtained all such
8. Suppliers Obligations
8.1. The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. The Supplier shall take all reasonable care with the Clients property, including taking reasonable steps to protect the Client’s furnishing’s and wall and floor coverings during the provision of the services.
8.3. The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
8.4. The supplier shall at all times hold a valid employer and public liability insurance policy and shall hold and keep up to date any and all licenses or permits as may be required in order to provide the Services.
9. Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by the Supplier in providing or delivering the service shall remain with the Supplier until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the Services shall pass from the Supplier to the consumer
a) Where the supplier is responsible for delivering the products or materials to the Client, upon delivery or
b) Where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.
10. The Guarantee
The Supplier provides to the client, in addition to any statutory rights which the client may have and in addition to the manufactures guarantee for any materials, a guarantee that the services provided under this contract shall be free from defective or flawed workmanship for a period of 12 months from the completion of the services, notwithstanding that this guarantee shall not apply to any defects or flaws caused by a)Misuse or neglect b)repairs, modifications or tampering by anyone other than the supplier.
11.1. This agreement shall continue until the Services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either Party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and unrectified days after such notice.
b) Either Party commits a breach of this agreement which cannot be remedied.
c) Either Party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of this agreement the Client shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
12.Disclaimers and Exclusions
12.1. The Supplier shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the forgoing shall be read as restricting or limiting in any way the Suppliers liability for death or personal injury.
The Client shall indemnify the Supplier against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
14. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
14.1. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
14.2. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
14.3. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
14.4. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act.
14.5. The failure by either Party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that part’s right to subsequently compel and require strict compliance with every provision of this agreement.
15. Force Majeure
15.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.