Any Terms and Conditions that exist between myself, Tom Hooley trading as ‘Tom-Plumb’ and yourself ‘THE CUSTOMER’ is in
accordance with English Law. Reference to ‘YOU’ means ‘the customer’. Reference to ‘THE CONTRACTOR’ means ‘Tom-Plumb’It is assumed that the CUSTOMER has read and agreed to the following terms and
conditions before any work begins.
Quotations and estimates are subject to survey. The cost of all work included and essential to the project will be priced and confirmed in writing. Any additional work is welcome but may be subject to further negotiation and carried out at the total discretion of Tom-Plumb. All cost for additional work will be agreed before work begins and a written quotation provided. In the absence of any verbal or written quotation, a minimum hourly rate of £20.00 will be charged for any work carried out.
Special requirements and arrangements will be negotiated during a site survey and confirmed in writing.
Payment of the original quotation amount plus materials is due IMMEDIATELY upon completion of work. Payment for any additional work that has arisen and been agreed to during the fitting is also due immediately upon completion. Tom-Plumb reserve the right to claim interest on late payments and claim compensation for debt recovery costs under The Late Payment of Commercial Debts (Interest) Act 1988 as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002.
A deposit or interim payment may be requested prior to commencement of work, especially if the work requires substantial materials. The amount of deposit will be stated in the written quotation and agreed with you prior to commencement of works.
PLANNING PERMISSION & BUILDING REGULATIONS.
It is the customer’s responsibility to ensure that Local Authority approval with regards to Planning Permission and/or Building Regulations is sought if necessary. This includes applying for Planning Permission and/or Building Regulations Approval, providing all associated plans and drawings and paying any associated fees. A letter granting permission to start building work must be obtained before any works begin. Tom-Plumb is then responsible for ensuring that any building work complies with the Building Regulations and will liase with the Local Authority Building Control Officer or Approved Inspector on your behalf throughout the duration of the works and until such time as the Completion Certificate is obtained. In the case of removal or alteration of load bearing and/or non load bearing walls, it is the customer’s responsibility to obtain advice from a structural engineer and obtain any drawings and calculations necessary.
FITTING DATE & COMMENCEMENT OF WORKS.
A fitting date is given in good faith and every attempt will be made to carry out work as stated by the quotation. It is the customers responsibility to ensure the working area is clear of personal belongings and obstructions prior to commencement of work, including removing everything from the existing kitchen units and/or cupboards if appropriate.
DURATION OF WORKS.
The time estimate provided for completion of installation is our best estimate of the likely time scale prior to commencement of the installation, and we cannot accept liability for any cost, losses or expense of whatever nature incurred by you as a result of any delays.
Normal working hours/day rate hours are Monday to Friday 8am to 4pm, including 30 minutes lunch break and any time necessary to collect materials. Outside these times is considered to be “Out of Hours” work and is carried out entirely at the discretion of Tom-Plumb. Every effort will be made to source materials and dispose of rubbish outside of normal working hours, however it cannot be guaranteed that Tom-Plumb personnel will be on site for the entire duration of a normal working day.
COMPANY SUPPLIED MATERIALS.
All goods supplied by Tom-Plumb to complete any installation work remain the property of the company in line with English law under The Sale Of Goods Act 1979 until paid for.
CUSTOMER SUPPLIED MATERIALS.
The customer must ensure that any supplied materials are delivered to site in time for commencement of works. Tom-Plumb is not responsible for the supply of goods. It is the responsibility of the customer to obtain immediate replacement of any faulty, damaged or incorrect goods to avoid additional fitting cost. Where it is necessary for Tom-Plumb to purchase materials that should have been supplied by the customer, these will be subject to a 36% mark up on cost price. This mark up is necessary as materials purchased and charged back to the customer increases Tom-Plumbs annual turnover and is subject to taxation.
CUSTOMER SUPPLIED KITCHEN DESIGNS & PLANS.
The customer must ensure that all plans, including kitchen design plans, have been drawn up and are correct before any installation work takes place as the contractor cannot be responsible for a plan drawn up by others. Any deviation from the plan whilst works are taking place must be discussed and agreed between the customer and contractor. Should the installation or kitchen design vary substantially from the original plan it may be necessary to obtain another plan at the customer’s expense.
The cost of disposing of unwanted items will normally be provided for in the written quotation. However Tom-Plumb will not accept responsibility for the removal of hazardous waste such as asbestos, gas canisters, fridges and freezers etc.
GAS & PLUMBING WORK.
All gas work is undertaken by an appointed Gas Safe registered plumbing operative. This work is essential to the main kitchen fitting and is included in the main quotation unless YOU specify your own Gas Safe operative. It is assumed that all existing gas lines are safe at commencement of works.
Tom-Plumb use qualified electricians to deal with all electrical work. The tradesman will be a professional electrician registered to carry out the work to the relevant ‘Part P’ of the building regulation. The cost of this work is subjected to a separate survey and added to the main Tom-Plumb quotation so that only one account has to be paid. It is assumed that all existing electrics are safe at commencement of works.
CARPETS, FLOORING AND OTHER FIXTURES AND FITTINGS
The work will be carried out in a proper workmanlike manner but Tom-Plumb cannot be held liable for any damage unavoidably caused to existing decorations, fittings, carpets, flooring and the like during installation works where it is necessary to disturb these in order to carry out the works.
EXISTING APPLIANCES, BOILERS, TANKS, CYLINDERS AND PLUMBING.
It is assumed that all existing white goods, boilers and plumbing system are in full working order at commencement and for the duration of works. It is not uncommon for underlying faults in older appliances, boilers, tanks and cylinders to be aggravated by, for example, disturbing old pipes and valves, increase or decrease in water pressure or isolation of water and/or electricity. Tom-Plumb cannot accept responsibility for any fault or leak that may occur during the works.
Should there be any problem with the installation work, please discuss any issues before the works are complete and every effort will be made to correct things to your satisfaction. If any problems arise after final payment has been made which are the fault of the contractor, remedial works will be carried out free of charge.
In the event that work cannot be completed where faulty or incorrect goods have been supplied, Tom-Plumb will insist that all work even if incomplete is paid for. A minimum hourly rate of £20.00 shall apply for the amount of time that has been taken, or is required for any further visits.
In the unlikely event of any ongoing disagreement, arbitration will be sought through ‘The Trading Standards Institute’ or the ‘Citizens Advice Bureau’. In any event, Tom-Plumb should be notified of any complaints in writing within seven days.
All advice given by Tom-Plumb is in total good faith. No legal prejudice or commitment is implied with the exception of written quotations.
All work carried out by Tom-Plumb is guaranteed for six months from fitting date with the following exclusions and limitations.
· Customer supplied materials are not covered by this guarantee.
· Kitchen worktop joins can fail if worktop manufacturers care instructions are not carefully adhered to, therefore any guarantee of durability are strictly limited.
· Plumbing work is fully guaranteed. However, it is a customer responsibility to ensure that all plumbing remains sound and inspected frequently for defects. Gas plumbing is always guaranteed by the Gas Safe operative who is named with contact details on your invoice document. If a plumbing problem occurs, any remedial work will be carried out at the total discretion of Tom-Plumb.
· Frivolous call outs are chargeable. Minimum Call Out Charge £50.00
· Any evidence of interference or modification by the customer or third parties on any part of the installation will cancel this guarantee.
· Please note that for our mutual protection, Tom-Plumb has Public Liability Insurance cover for £2,000,000.