Terms and Conditions
Welcome to EcoHeat Plumbing! These Terms and Conditions govern your use of our website, located at https://ecoheatplumbing.co.uk (the "Site"), and our plumbing, heating, and other related services (the "Services"). By accessing or using our Site and Services, you agree to comply with these Terms and Conditions. If you disagree with any part of these terms, please discontinue using our Site and Services.
For the purpose of these terms and conditions the following words shall have the following meanings:
If the customer shall make fault in or commit any breach of any of the obligations to the Company or if any distress or execution shall be levied upon the customer's property or assets or if the customer shall make or offer to make any arrangements or compositions with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or the customer shall be a Limited company and any resolutions or petitions to wind up such Company’s business shall be passed or presented otherwise than for reconstruction or amalgamation or if a receiver of such Company’s undertaking property or assets of any part thereof shall be appointed or if the customer shall appear on the stop list of any trading association concerning the goods agreed to be sold the Company shall have the following right:
To determine any order then subsisting and upon written notice of such determination being posted by it to the customer’s last known address any subsisting order shall be deemed to have been determined without prejudice to any claim or right the Company might otherwise make or exercise.
After acceptance in accordance with paragraph 1(b) above orders may only be cancelled or goods returned with the previous written consent of the Company. In the event of such cancellation being accepted the Company shall be entitled to make such reasonable and proper cancellation charge upon such terms as to payment as shall compensate the Company for any loss or expense and costs incurred or to be incurred by it.
If after acceptance of an order pursuant to paragraph 2(b) above the customer shall fail or refuse to accept delivery of the goods ordered for more than 14 days after such goods shall become available the Company shall be entitled to make such reasonable storage charges as it shall think fit. This provision shall be an addition to and not in substitution of any other payment or damages for which the customer may become liable in respect of his failure to take delivery at the appropriate date. Payment for such goods shall fall due on the same date as if there had been no such failure or refusal to accept delivery.
Invoices are due for payment immediately on delivery to the customer. Invoices which remain unpaid (whether wholly or in part) shall carry interest at the rate of 10% above the base rate for full value of the invoice and will incur the cost of any charges resulting from debt collection from the time the invoice was issued to the time payment in full is received by the company’s bankers.
(b) In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date may result in a late payment charge of £250 and the matter being referred to our debt collection agents whose charges will be added to and payable with the invoice debt.
The customer shall indemnify the Company against all damages, penalties, costs, and expenses to which the Company may become liable if any work done in accordance with the customer's specification involves an infringement of a registered design or patent.
The customer declares that he is not relying on any oral representation made about the goods (either as to their quality or otherwise given to him by or on behalf of the Company) and agrees that any oral representations that have been made do not form part of any contract between him and the Company and in no way give ground even if such representations prove to be false for any claim against the Company.
(a) The goods supplied to the customer by the Company shall be at the customer’s risk immediately on delivery to the customer or into custody on the customer’s behalf (whichever is the sooner) and the customer should therefore be insured accordingly but the property in the goods shall not pass to the customer until the Company has received payment in full for (a) the goods supplied hereunder and (b) all other goods the subject of any other contract between the Company the customer. If before the property in the goods shall have passed as aforesaid the customer being a corporate body shall have a Receiver appointed or shall go into liquidation (save for the purposes of amalgamation or reconstruction) or being an individual or firm shall have a Receiving Order made or be adjudicated bankrupt and whether being a corporate body or an individual or firm shall enter into any composition with its his or their creditors or suffer any distress or execution to be levied on its his or their goods then and in any such cases the customer shall at the request of the Company make the goods available to the Company or its agents and shall permit the Company or its agents to gain access to the place where the goods are stored at that time and shall permit the Company to regain possession of such goods.
(b) Until the date of payment the customer, if the Company so desires, is required to store the goods in such a way that they are clearly the property of the Company.
The time hereinbefore mentioned within which the customer is obliged to pay for goods shall be the essence of this contract.
The Company reserves the right to amend a project price to meet with current pricing policy if delays occur beyond 90 days of the order placement date. This will be implemented if a contract is not completed within 90 days of order placement.
The singular number shall be deemed to include the plural and the masculine shall be deemed to include the feminine.
Unless otherwise agreed these conditions which supersede any earlier sets of conditions appearing in the Company’s catalogues or elsewhere shall override any terms or conditions stipulated, incorporated or referred to by the customer whether in the order or in any negotiations and all guarantees or conditions (including any conditions as to quality or fitness for any particular purpose) whether expressed or otherwise are excluded and hereby negatived (so far as statute permits).
The above terms and conditions may only be varied with the written consent of the Company.
Unless otherwise agreed in writing these conditions and the contract shall be subject to and construed in accordance with English Law.
Accounts are opened upon receipt of 3 acceptable trade references and the name and address of the customer’s bankers. The Company shall have the right to set a maximum amount of credit allowable upon any individual customer’s account and to withdraw credit facilities on any overdue account.
(b) In the absence of agreement to the contrary prices are quoted net exclusive of Value Added Tax or similar taxes, levies or duties and are payable net 30 days from date of invoice. The Company reserves the right to charge interest equivalent to the overdraft rate of interest charged by Lloyds Bank Plc on any overdue accounts.
(c) Until payment is made the property in the goods shall remain in the Company.
(a) In cases where the Company undertakes in writing to deliver to the customer’s premises or to their order and on receipt the goods are signed for by a duly authorised person the Company will replace lost or damaged goods without charge to the customer provided that notice of the loss or damage is received within 3 days after notice of despatch has been given to the customer. Such replacement goods shall be supplied with all reasonable speed and the Company shall incur no further liability whatsoever for any loss or damage occasioned directly or indirectly by the goods having been lost or damaged in transit. The customer will give the Company all reasonable assistance in any claim against the carrier.
(b) Except as in (a) above the Company accepts no responsibility for loss or damage in transit. The Company will however give all reasonable assistance to the customer at the customer’s expense in any claim made against the carrier.
Subject as hereinafter provided the Company shall repair (or at its sole option replace) at its own cost all parts of its own manufacture which are or become faulty by reason only of the use of defective materials or by reason of defective workmanship within a period of 12 calendar months from the date when the goods shall become available for delivery to the customer subject to the following:
Where the company agrees to carry out works for the customer then such works shall be carried out by the operative who shall be selected by the company in its absolute discretion.
The total charge to the customer shall consist of the cost of materials supplied by the company (to include a nominal trade % on the purchase price of such materials not exceeding 15%) to the customer and the amount of time spent by the operative in carrying out the works for the customer (to include all reasonable time spent in obtaining materials not carried for the customer) charged in accordance with the company’s current hourly rate.
The company shall not be under any obligation to provide an estimate to the customer and shall only be bound (subject as hereinafter) by estimates given in writing to the customer and signed by a duly authorised representative of the company. The company shall not be bound by any estimates given orally.
Invoices are due for payment immediately on delivery to the customer. Invoices which remain unpaid (whether wholly or in part) shall carry interest at the rate of 10% above the base rate for full value of the invoice and will incur the cost of any charges resulting from debt collection from time the invoice was issued to time payment in full is received by the company’s bankers.
(a) In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date may result in the matter being referred to P&J CDS our debt collection agents whose charges will be added to and payable with the invoice debt.
Where the date and/or time for works to be carried out is agreed by the company with the customer, then the company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the company accepts no liability in respect of the non-attendance or late attendance on site of the operative or for the late delivery or non-delivery of materials.
26. Where a written estimate has been supplied to the customer the total charge to the customer referred to in the estimate may be revised in the following circumstances:
27. The customer shall incur personal liability to discharge the company’s account unless he discloses to the company at the time he instructs the company to carry out the work and/or supply materials that he is acting on behalf of a third party (including but not limited to a limited company or partnership) and (when the customer has received a written estimate) the name of the third party appears on the written estimate.
28. If the customer shall cancel his instructions prior to any work being carried out or materials supplied then the customer shall be liable to pay the company for any time spent or materials purchased by the company together with the profit that would have been made by the company had the work been carried out and/or materials supplied in accordance with such instructions.
29. If, after the company shall have carried out the works the customer is not satisfied with the works then the customer shall give notice in writing to the company within 12 months and shall afford the company the opportunity of inspecting such works and where appropriate shall afford the company the opportunity of carrying out any necessary remedial works. The customer accepts that if he fails to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out. The customer agrees to allow the company’s insurers to inspect any work carried out by the company to the customer.
30. The guarantee shall be for labour only in respect of faulty workmanship and for 12 months from the date of completion with the manufacturers warranty in force.
The guarantee will become null and void if the work/materials completed/supplied by the company is:
The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative.
Work will only carry a guarantee where all work has been completed as advised by the company and payment in full has been made.
The company shall not be held responsible for any damage or defect resulting from work not fully guaranteed or where further work has been advised of but not yet carried out.
The customer shall be solely liable for any situation in respect of Gas Safe Register regulations or gas warning notices.
32. Where the company agrees to carry out work on installations of inferior quality or over ten years old at that date no warranty is given in respect of such work and the company accepts no liability in respect of the effectiveness of such work or otherwise.
33. The company shall be entitled to fully recover costs or damages from any operative/contractor whose negligence or faulty workmanship results in the company being made liable for those damages or rectification of the work.
34. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the company and by the customer. Further these terms and conditions shall prevail over any terms and conditions used by the customer or contained or set out or referred to in any documentation sent by the customer to the company: by entering into a contract with the company the customer agrees irrevocably to waive the application of any such terms and conditions.
35. Title to any goods supplied by the company to the customer shall not pass to the customer but shall be retained by the company until payment in full for such goods has been made by the customer to the company:
Until such time as title in the goods has passed to the customer:
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the customer and until such time as title in such goods has passed to the customer, the customer shall insure such goods to their replacement value and the customer shall forthwith, upon request provide the company with a certificate or other evidence of such insurance.
36. The company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the company shall be entitled to a reasonable extension of the time for performing such obligations.
37. The company shall not be liable for any water damage or damage to the heating system caused by power flushing an old heating system once reasonable care has been taken in performing its obligations. All power flushing is at the customer own liability.
38. The company shall only be liable for rectifying works completed by the company and shall not be held responsible for ensuing damage or claims resulting from this or any other work overlooked or subsequently requested and not undertaken at that time.
39. Please note that ecoheat plumbing will not be held responsible for:
40. Ecoheat plumber puts dust-sheets down wherever possible but will not be held responsible for any staining on carpets, lino or wood flooring due to excess spillage from removing an old boiler or heating parts. (All carpets must be removed in all areas that we work in order to avoid this if a customer is concerned about staining. The carpets must be removed by the customer before works are carried out). It is the responsibility of the customer to remove and replace any floorboards that need to be moved in order to carry out work. Ecoheat plumbing Ltd will remove any wooden floorboards in order to carry out our works but we accept no responsibility for any damage caused to floorboards that we have had to remove.
42. Ecoheat plumbing will not be held responsible for any existing valves, pumps and taps etc. that stop working after new works are installed. Although we will offer to rectify any new plumbing or heating problems that may arise due to new installation or maintenance works carried out. This will be at an agreed fixed price.
Changes to Terms and Conditions
We reserve the right to amend or update these Terms and Conditions at any time. Any changes will be posted on this page, and your continued use of our Site and Services constitutes acceptance of the updated terms. Governing Law These Terms and Conditions are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
Contact Information
If you have any questions regarding these Terms and Conditions or require further information, please contact us:
EcoHeat Plumbing
Website: https://ecoheatplumbing.co.uk
Email: info@ecoheatplumbing.co.uk
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By using our Site and Services, you agree to these Terms and Conditions.
Our team are available to provide you with all your plumbing and heating requirements. Contact us today and we will arrange a free consultation.
