OUR TERMS & CONDITIONS
These Terms of Business are the standard terms that apply to the provision of plumbing services by RJ Heat Plumbing & Heating Limited which is a limited company registered in England under company number 11509881 whose registered office is at 37 Glebe Lane, Sonning, Reading, Berkshire, RG4 6XH (Referred to herein as RJ Plumbing & Heating, we and us). Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.
Standard terms of business.
1) These Terms apply to all services that you instruct us to provide and cannot be varied or amended except in writing and signed by both parties.
2) Client (referred to throughout as ‘you’) means the person, company, firm or other legal entity named in our quotation.
3) RJ Heat Plumbing & Heating Limited (referred to as ‘us’ or ‘we’) means any of its staff, Directors or premises owned or controlled by RJ Heat Plumbing & Heating Limited.
4) Your quotation forms an Agreement that becomes binding on the date of acceptance or on the date the work is commenced (with the client’s approval), whichever is earlier.
5) Where these Terms of Business relate to more than one person, the liability is joint and several. Invoices are payable by you, regardless of any arrangement you may have with any third party.
6) Where you are a Limited Liability Company, we may require Director(s)/Controlling Shareholder(s) to guarantee your liabilities to us or provide suitable security for payment. We reserve the right to suspend all work until satisfactory guarantees are provided.
7) Where you do not have the authority to instruct work (such as a tenant) you should notify us immediately. Where authority is not given which results in any dispute of our fees/invoice you will be invoiced for the works and any losses incurred.
8) We shall confirm that email correspondence from you is the authority that you agree to such communications.
9) If you do wish to communicate with us by e-mail, by accepting these Terms you confirm that you understand the risks of doing so and you authorise us to act upon electronic instructions which have been transmitted (or appear to have been transmitted) by you.
10) We reserve the right to charge mileage at 45pence per mile on matters, not within the contracted agreement.
Fees
11) Quotations are valid for a period of 28 days unless stated otherwise.
12) We reserve the right to charge a deposit which is due 7 days prior to the commencement of works.
13) We reserve the right to invoice at regular intervals throughout a project based on our own assessment, material, labour and overall progress.
14) Invoices are due for payment on receipt of the invoice. Payment may be made either by cheque or by bank transfer (BACS). Our bank details are printed on your quotation.
15) Unless otherwise agreed in writing, we reserve the right to charge interest on overdue invoices at a rate of 8.0% over the Bank of England base rate, as well as any statutory compensation, from the date the invoice became overdue until payment is made, and the account settled.
16) If we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, you agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.
17) In the event of a dispute, we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees are to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.
Finance Terms
18) The client acknowledges and agrees that any financial arrangements made for the purchase of products or services through Novuna Finance are solely the responsibility of the consumer. The client understands that they will be subject to the terms and conditions set forth by Novuna Finance.
19) The client acknowledges that we are not acting as a broker for the financial arrangement. Instead, we facilitate the process by forwarding the consumer's lead to Novuna Finance. The client further understands that any financial agreement entered into will be between the consumer and Novuna Finance.
20) Our aim is to ensure that consumers have access to a range of financing options, including those provided by Novuna Finance. We do not exhibit bias towards any particular financing option and present all available choices fairly.
21) The client acknowledges that we do not offer financial advice or make recommendations regarding specific financial products. We do not assess the suitability or appropriateness of financial arrangements for individual consumers. Consumers are encouraged to seek independent financial advice before making any decisions.
22) The client understands that any financial decisions made by the consumer, including the acceptance of financing offers from Novuna Finance, are the consumer's own choices. The client agrees that we are not liable for any outcomes or consequences resulting from such decisions.
Contracted work
23) All works are quoted and priced on the basis of free access and unrestricted working during our normal working hours unless otherwise agreed, which are Monday-Friday 8.00am-5.00pm. We may need access outside of these hours but this will be communicated to you in advance.
24) Both parties agree as much as is practicable that working methods will provide the minimum disruption possible but will ensure that work can be carried out efficiently and in a workmanlike manner by the contractor(s).
25) Included within our service we will advise you on the best means of installing your appliance. At times this does have an additional cost. For example, on boiler installations, it is recommended that a system filter be installed. This may not be a requirement but is strongly advised in order to extend the life of the boiler and, in any circumstances, extend the product's guarantee/warranty period.
26) Upon installation of the appliance, we will advise you on registering any guarantee/warranty (should it be required) and the means of adhering to the guarantee/warranty requirements e.g. yearly servicing.
27) Contract duration can be confirmed with our office upon request.
28) If the progress of the contracted works is materially affected by an act or omission of the client or any person for whom the client is responsible/answerable to or for then any loss or expense will be assessed and added to the contracted sum.
29) In the event that a physical site inspection reveals the need for additional equipment or substantial extra work, the Company will communicate any cost increase to the customer before incurring such expenses. Additionally, any potential delays to the installation process will be promptly communicated to the customer. Should the customer choose not to proceed with the suggested additional equipment or work necessary for the installation, they have the right to request a refund.
System Conversions
30) When converting systems from gravity to mains pressure (by installation of an unvented cylinder or combination boiler), although unlikely, can cause leakages on existing pipework or appliances as a result of the pressure increase on the existing pipework in the system. We cannot be held responsible for this and any damage caused. Should a leak occur on the system pipework or an appliance fail e.g. a toilet float valve passing - we will assist in the repair however this may be an additional cost to the works are quoted for.
31) When converting systems from gravity pressure to mains pressure we will measure your incoming flow rates and static and dynamic pressure. Based on these results we will consult with you whether it is suitable to install a high pressure system. In some cases, the results of these tests are close to the limits of whether a new system will be effective in your home. In this instance, we will advise you of the best option to take. Often the installation of mains booster pumps or accumulator tanks will overcome the low incoming water pressure, however, these will be at an additional cost and will be discussed with you. In all instances, the customer will hold responsibility for any final decision made.
Power Flushing
32) Power flushing a central heating system is an excellent way of cleaning the radiators and pipework in your system. This is done by the addition of chemicals that will circulate around your system and break down the build-up of iron oxide inside your system. Excessive build-up can severely limit the flow of water in your system and reduce the efficiency of your radiators. In severe cases can cause them to cease working altogether.
33) As part of the boiler installation process it is required that systems are flushed when the boiler is installed. This will be included in our quotation and will be dependent on the size of your home and/or the number of radiators.
34) Whilst power flushing is an excellent way to clean the system, in some instances how flushing is a good starting point to determine whether parts of the system require replacing. We reserve the right to invoice for the full amount quoted and cannot be held responsible if this does not rectify issues in the system.
35) Please be aware that on all system installations, we will flush or heat the system including the pipework and fittings with a magnetic flushing machine which will attract iron oxide and other particles that form sludge. We cannot and do not guarantee that all sludge and debris will be removed from the system, and we cannot guarantee increased performance.
Air Conditioning
36) Siting of Outdoor Units - It is the responsibility of the homeowner to ensure that proper planning is in place if required and to notify neighbours of the installation. Any potential neighbourly disputes should be resolved prior to the installation.
37) Researching Air Conditioning - The homeowner is solely responsible for researching the advantages and disadvantages of using air conditioning. They should be fully satisfied with the technology and the usage of substances such as refrigerants, which can be mildly flammable and possess ozone-depleting properties, within their premises.
38) Cost of Running Air Conditioning - It is the homeowner's responsibility to conduct research regarding the costs associated with operating and utilizing an air conditioning unit. The costs are based on the consumption of power.
39) Wall Making and Decoration - we shall not be held liable for any restoration of walls or indoor and outdoor decoration.
40) Warranty - All labour provided is guaranteed for a period of 12 months.
41) Manufacturer's Warranty - The warranty provided by the manufacturer is applicable to all appliances. However, it's important to note that some warranties may require regular servicing to uphold their validity. This provision is subject to the exception of faults caused by incorrect installation on our part.
Additional Work
42) Our quotes are produced with as much detail as possible to avoid any misunderstandings. If we have omitted something that you would like included, please let us know and we will revise the quotation accordingly.
43) If we are required to undertake additional work outside the agreed scope of the services agreed in your quote additional charges will be agreed by the parties either verbally or by written agreement and charged at the agreed rate.
44) Some older central heating systems and domestic water systems and properties may contain asbestos. We do not carry out the removal of asbestos this is the responsibility of the homeowner. Please note that asbestos is a hazardous product and should be removed and disposed of carefully and often by a professional.
45) All rubbish and waste will be removed from the site upon completion and full payment. Depending on the size of the job sometimes will remove the waste or alternatively, a skip will be hired. This will be itemised within the quotation.
46) Please note that all scrap copper/metal/fittings removed from the premises will become the property of RJ Heat & Plumbing & Heating Limited. This is factored into the price to include the charges applied for disposing of waste created for the work carried out. Should you wish to keep the redundant scrap metal only; an additional cost of £70.00 will be added to the quoted amount to remove the remaining rubbish.
47) Please ensure that any house pets are securely locked away and safe. Throughout the day we may be moving throughout the house to collect tools from the van and therefore cannot always leave the front door closed.
48) Children under the age of 16 should be supervised at all times and kept away from work areas. Powerful machinery may be on site. We do not accept responsibility for any injury caused by lack of supervision.
49) We do not carry out decorative repairs e.g., painting and filling. However, we will make good repairs where possible. We do work with a number of skilled trades and will happily refer to you in order to obtain quotes should you require this.
50) Where it is necessary to lift carpets, we will refit them, but we cannot guarantee that they will fit as they did before. In addition to this, we are not responsible for any laminate, solid wood, or tiled floor coverings.
51) Where work has been confirmed within airing cupboard/boiler/kitchen cupboards or rooms with large furniture such as wardrobes etc. please ensure that all items of clothing/towels/personal belongings have been removed from the working area. We reserve the right to add additional fees if we need to clear the working area.
52) If work has been confined within the loft space of your property you should ensure that there is a working light, and no wasps nests are present. If a wasp nest is discovered please ensure it is terminated prior to arrival. Should a nest be discovered during installation it may be necessary for work to stop until it is deemed terminated.
53) Upon initial visit to your property we will do our best to identify the best means of repairing or replacing a faulty component, but we cannot always guarantee a long-term fix. Sometimes there may be more than one solution to a fault and the cost of resolving sometimes significantly differs. We will advise you of the pros and cons and help you make an informed decision. However, the customer will hold final responsibility for the final decision.
Termination & Abortive Fees
54) The Agreement can be terminated by either party by giving two weeks' written notice.
55) In the event of the Agreement being terminated prior to completion of a project, the remuneration inclusive of all disbursements and liabilities incurred for the purposes of the Agreement, up to and including the date of termination shall be invoiced to the client and payment shall be due within 7 days from the date of the final invoice and we reserve the right to retain materials, paperwork/documents whilst there are still funds outstanding.
56) We may decide to stop our service to you as a result of circumstances out of our control such as unpaid fees, conflict of interest, impossibility of performance, acts of nature, providing incorrect information which we have relied on, material breach of your obligations to us. We will give you reasonable notice that we intend to cease working for you. Should this occur then you are liable for our charges and expenses up to the point of us notifying you of our intentions.
VAT
57) The fees disbursements and expenses referred to in these Terms and in the signed correspondence are all subject to the addition of VAT where applicable (and any other taxes whether UK or overseas which may arise). All fees will state VAT amounts, which are currently 20%.
Guarantees
58) If there is a problem with the result of the plumbing services, i.e., they have not been provided with reasonable care and skill, you are entitled to ask us to repeat or fix the service.
59) We always use reasonable efforts to ensure that our provision of plumbing services is trouble-free. If, however, there is a problem with the plumbing services we request that you inform us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the plumbing services as quickly as is reasonably possible and practical.
60) We will not charge you for remedying problems under this Clause where the problems have been caused by us. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, we may charge you for remedial work.
61) We pride ourselves on the work we undertake and the quality of workmanship on every job. This is why we provide a 12-month guarantee on works from the date of completion or the date of invoice, whichever is first.
62) Workmanship is defined as labour and preparation of pipework, fittings and installation of your product e.g., hanging a radiator, running the pipework to it and the connections between the radiator valves and the pipework.
63) If you experience any problems with our installation, such as a leak or faulty part they will be more than happy to honour our 12-month guarantee (if there is a fault on our part). However, at times we do take annual leave and are unavailable at very short notice. We will do our best to advise you on that and the best way to rectify the issue temporarily until we can get to you. We ask that whilst it may be frustrating if there is a problem or damage has occurred, we appreciate your patience and would like the opportunity to rectify the issue and do our utmost to do so in a quick and convenient time frame.
64) We do our best to provide the best quality parts and cover them in our 12-month guarantee of workmanship. In some cases, manufacturers have an extended guarantee. In this instance should products fall outside of the first 12-month guarantee it is the customer’s responsibility to contact the manufacturer and source replacement parts.
65) We will not guarantee any products or materials that are not supplied by us. Any damage caused to property by subsequent failure of a part/component not supplied by us, on a plumbing and/or heating installation will remain the responsibility of the customer. If we are required to reinstall a replacement part not initially supplied by ourselves, further payment will be required. If a component fails due to incorrect installation by RJ Heat & Plumbing Limited, we will review the matter with our customer.
Force Majeure
66) We will not be liable for any failure or delay in performing our obligations under these Terms where the failure or delay results from any cause that is beyond our reasonable control. Such causes include but are not limited to power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
Our property
67) In relation to any written quotation or advice prepared by us you agree that neither the whole nor any part of our advice or confidential information may be included in any published document, circular, statement or shared in any way without our written approval. Copyright in any documents or other material provided to you by us shall remain our property at all times.
Data protection
68) We will not disclose to any third party any personal data without your express authority to do so unless requested in accordance with agencies or for regulatory purposes. Your data is used in accordance with the Data Protection Act and GDPR regulations (UK GDPR). For more information, our Privacy Policy is available on our website.
Rights of Third Parties
69) The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms of Business unless stated otherwise.
Consumer Contracts Regulations 2013
70) The Consumer Contracts Regulations 2013 will apply. This means you have the right to cancel your instructions to us within 14 days of contracting. You can cancel your instructions by notifying us in writing. If the client requests work to start prior to this period and then proceeds to cancel, you may be charged for the work carried out up to the point of your cancellation instructions which may include but is not exhaustive to materials ordered in preparation for the contracted works. Please note that urgent repairs or maintenance are exempt from these regulations.
Professional Insurances
71) We hold Public Liability Insurance, Professional Indemnity and Employer's Liability Insurance; copies are available on request.
Complaints procedure
72) If for any reason you are dissatisfied with the service provided, you should first of all refer it to Mr R Pownall, 37 Glebe Lane, Sonning, Reading, Berkshire, RG4 6XH who will investigate and take appropriate action.
73) A full copy of our Complaints Procedure is available upon request.
Limitation of liability
74) You agree not to bring any claim for any losses against any member, officer, director, employee or consultant of RJ Heat Plumbing & Heating Limited. You hereby agree that a staff member of RJ Heat Plumbing & Heating does not have a personal duty of care to you and any claim for losses must be brought against the company – ‘RJ Heat Plumbing & Heating’. It is agreed that any individual of RJ Heat Plumbing & Heating may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 but that these terms may be varied at any time without the need for them to consent.
75) We accept responsibility for any loss or damage you might incur due to our breach of these Terms or our negligence, provided it is foreseeable. Loss or damage is considered foreseeable if it is an evident outcome of the breach or negligence, or if both parties anticipated it when the Agreement was made. We will not be held accountable for any loss or damage that was not foreseeable.
76) We provide plumbing services for domestic and private purposes only. We make no warranty or representation that the services are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
77) If we cause any damage to the property, we will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing services.
78) We are not liable for any loss or damage you suffer that results from your failure to follow any reasonable instructions given by us or the Engineer.
79) Nothing in these Terms of Business is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
80) Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement by Us is limited to £500.00 or the cost of the contract, whichever is lower.
81) We will not be liable in respect of any services outside the scope of our quote where it has been agreed to be performed by us. We will not be liable for any third party or in respect of any consequential losses or loss of profits.
82) We shall not assume responsibility for any delay in the customer's procurement of products or materials within the stipulated timeframe. The occurrence of late deliveries or missing items shall not be attributed to our liability and may result in supplementary charges. In the event that circumstances necessitate our progression with the installation in the absence of on-site parts, leading to reliance on provided drawings, we cannot be held accountable for potential errors in installation and the consequential expenses associated with rectification. An additional charge for incurred labour will be applicable to revisit the site and implement necessary corrections.
83) If the customer is responsible for sourcing parts and materials, we cannot provide a guarantee for those items. In the event that such items are damaged, we retain the right to charge for additional labour to address any necessary repairs or replacements.
84) To ensure the installation is done correctly, we require accurate and up-to-date drawings. If the drawings provided are not accurate, we cannot be held accountable for any errors during the installation process. While we are available to address and resolve any problems that may arise, please note that there will be an additional fee for this service. It's important to clarify that this fee does not include any expenses related to repairing walls or carrying out decorative work.
85) The exclusions and limitations stated in this paragraph will not apply to liability arising from fraud or dishonesty, or to liabilities that cannot be legally limited or excluded.
86) Where the quote is addressed to more than one client, the above limit of liability applies to the aggregate of all claims by all such clients and not separately to each client.
87) Whilst we endeavour to take care in our working practice the responsibility is on the client to move/clear all personal items from the room prior to work commencing as we accept no responsibility for damage caused to such items. If we lose time organising or preparing the area, we reserve the right to charge accordingly.
88) We do not assume liability for the secure storage of parts and materials at your premises. It is important for homeowners to be aware that any losses or instances of theft occurring on the site remain the responsibility of the homeowner.
Other Important Terms
89) We may from time to time change these Terms of Business without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such changes.
90) We may transfer (assign) our obligations and rights under the Agreement to a third party (this may happen, for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the Agreement will be transferred to the third party who will remain bound by them.
91) You may not transfer (assign) your obligations and rights under the Agreement without our express written permission (such permission not to be unreasonably withheld).
92) The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
93) If any provision of the Agreement or these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and the remainder of the provision in question will not be affected.
94) No failure or delay by us or you in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by us or you of a breach of any provision of the Agreement means that we or you will waive any subsequent breach of the same or any other provision.
95) Occasionally, the installation of new equipment may encounter unforeseen challenges. By accepting our services, the customer acknowledges the importance of granting the company and its engineers’ sufficient opportunities to address and rectify any issues. This includes allowing access to the installation site and providing the necessary time for fault correction. Furthermore, the customer commits to minimising or preventing any losses that may arise due to the company's or appointed engineer's acts or omissions.
Sub-Contractors/Apprentices
96) We use a range of sub-contractors/Apprentices across our spectrum of work. All will hold relevant qualifications, competency and insurance. At times some may be accompanied by managers, supervisors, assessors or trainees.
Indemnities
97) You agree to indemnify us against all costs, claims, charges and expenses which we shall incur by reason of (but not limited to):
(a) Use of any of our documentation for purposes other than those agreed by us.
(b) Misrepresentation by you or with your authority to third parties of advice given by us.
(c) Misrepresentation to third parties of the extent of our involvement in any particular project.
98) You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature that may arise as a result of any such information proving to be inaccurate (whether wholly or in part) or incomplete.
Law and Jurisdiction
99) These Terms of Business, the Agreement, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
100) Any dispute, controversy, proceedings or claim between you and us relating to these Terms, the Agreement, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.