1.0 In these terms and conditions (“the terms”), the “Customer” means the Customer for whom the works are to be carried out, and “ The Company” means Ian Minall Trading as IGM Plumbing & Heating
1.1 “Contract” means the agreement between the Customer and the Company to carry out the works which the Customer asks the Company to undertake or which are the subject of an agreement between the Customer and the Company. These works might be set out in an estimate, quotation or other document or email issued by the Company to the Customer, and may be varied by agreement in writing (which shall include by email) or orally between the parties.
Charges
2.0 The Company charges a minimum 1-hour call out fee for all attendances irrespective of the work undertaken. If the Company is unable to carry out the desired works during its attendance, the minimum 1 hour call out attendance fee would still be payable together with the cost of any additional labour time over the first hour, and any parts/materials. Time over the first hour are charged pro-rata.
2.0a Cancelation policy: We must be informed of all cancellations no later than 24 hours before the made appointment time. Any cancellations after that point will be charged at the minimum hourly rate. Saturdays and Sundays are non-refundable and will charged at 2 hour minimum rates cannot be cancelled there will be a minimum of £250 + VAT cancellation. IGM has the discretion to waive this charge.
2.1 The Company will take the minimum charge by credit or debit card from the Customer upon agreeing to undertake any work. Any additional sum payable by the Customer to the Company will be taken from the Customer’s credit/debit card upon completion of the work and rendering of an invoice to the Customer. Charges will not be subject to VAT.
2.2 Emergency callouts will be charged on the basis of time with time starting to run from when the engineer leaves the Company’s premises or his home (if out of hours).
Estimates And Fixed Price Work
3.0 Any estimate provided to the Customer by the Company can be withdrawn at any time before acceptance by the Customer, and if not accepted shall be deemed to have been withdrawn after 28 days.
3.1 Unless expressly stated to the contrary all estimates provided by the Company are estimates based upon current information and are not fixed prices. The estimate sets out the likely minimum costs involved based on a visual inspection by the Company (without removing any fixtures or fittings or undertaking any invasive inspection) and/or on details provided by the Customer. The final price payable by the Customer will be calculated based on the estimate and any additional work undertaken or parts supplied and might be in excess of the estimated price.
3.2 Any estimate provided by the Company may be revised in the following circumstances:
3.2(i) If the Customer instructs the Company (whether in written or orally) to provide additional works or services not contained within the original estimate.
3.2(ii) If there is a material increase in the cost of materials to be supplied.
3.2(iii) If further works and services need to be carried out which had not been anticipated and were not covered by the original estimate.
3.2(iv) If there was a manifest error when the estimate was prepared.
3.3 The Customer will reimburse the Company for any and all expenses incurred by the Company following acceptance of an estimate (including labour, materials and equipment hire) should it be subsequently cancelled by the Customer.
Prices And Payment
4. Any prices or rates advised are subject to VAT at the prevailing rate.
4.1 All invoices are due for payment in full immediately upon completion of works/delivery to the Customer. If the work is covered by a policy of insurance the Customer remains liable to pay the Company the charges in full.
4.2 All appointments made for works to be carried out (including fixed price works and estimates) with the Company are done so with payment due immediately upon completion / delivery of invoice.
4.3 Where prior written agreement to defer payment beyond completion of the works has been arranged by the Customer with the Company full payment is due within 14 days of the completion of the works.
4.4 For any late payments by the Customer to the Company whether in part or in full of any invoice rendered to the Customer the outstanding sum will be subject to interest at the rate of 5% over the Bank of England base rate, to be calculated on a daily basis, until payment in full is received by the Company.
4.5 The Company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the Customer for the works undertaken, until and unless payment in full has been made by the Customer to the Company.
Inspection, Delivery and Completion Of Works
5.0 The Company will advise the Customer of the date and time for works to be carried out. The Company will try to meet the date/time specified, however, the Company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the Company are estimates only; such times will normally be either a morning attendance (0800 – 1230hrs) or an afternoon attendance (1230 – 1630hrs).
Limitation Of Liability
6.0 The Company’s liability shall be limited to:
6.0(i) The repair or making good of any defect pursuant to its undertaking in paragraph 7 below.
6.0(ii) Liability for personal injury or death resulting from negligence in the course of carrying out the Companies’ duties.
6.0(iii) The reasonable costs of repair or reinstatement of damage or any loss to the Customer’s property caused by the negligence of the Company, its employees or subcontractors.
6.0(iv) The Company will not be responsible for damage suffered to a part of any property where the damage is wholly or partly a consequence of a defect or weakness in that property.
6.0(v) The Company will not be responsible for damage caused by the Company whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but is not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc.), internal and external walls where pipework has to be routed or re-routed and other damages as a result of said works.
It is the responsibility of the Customer to protect his chattels, furniture, furnishings, fixtures and fittings. If the Customers leaves such items within the working area, it is
the responsibility of the Customer to cover and/or otherwise protect such items.
Defects
7.0 Subject to the exclusions listed below, the Company will make good and repair any defect in completed work, which appears within 30 days of the date that work was completed and fully paid for, to the extent that such defect arises from the breach of the Companies’ obligations under the contract.
All defects must be notified to the Company by the Customer in writing within this period, and the Company and its insurers must be provided the opportunity to inspect the work and any alleged defect prior to any work being undertaken by the Customer or a third party.
Following inspection if it transpires the alleged defect is not the result of any work or service undertaken by the Company, the Company reserves the right to make a charge to the Customer for the inspection visit at its standard rate.
Exclusions are:
8.0(i) Any parts or materials supplied by the Company will only be provided with the manufacturer’s or supplier’s guarantee, and are not guaranteed by the Company.
8.0(ii) Any systems, equipment or structures which have not been installed by the Company.
8.0(iii) Any defects resulting from the misuse, acts or faulty work by the Customer or any other third party.
8.0(iv) Any structural defects, such as but not limited to subsidence and its resultant effect.
8.0(v) Any damage to drainage systems caused by any outside force or root penetration.
Permits, Licenses, Regulations and Other Consents/Access
9.0(i) It is the Customer’s duty to ensure that suitable and appropriate permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to any works being carried out by the Company. The Company will not be held responsible for any damage to the property (such as fixings, holes etc.) if such necessary consents have not been obtained, and in the event of equipment supplied or installed subsequently requiring removing or re-positioning, extra charges will be payable by the Customer to the Company at its standard rates.
9.0(ii) The Customer shall provide clear access to enable the Company to undertake the works, and will make all the necessary arrangements for the carrying out the works. If it is necessary to isolate the water supply for the works to be undertaken the Customer shall be required to identify a stop-cock so that the works can commence.
9.0(iii) It is the Customer’s responsibility to obtain any necessary permissions for the Company to proceed over property belonging to neighbours or third parties if this is required. The Customer shall indemnify the Company in all aspects in respect of any claim from neighbouring/third party properties arising out of the presence of the Company or its employees or representatives.
9.0(iv) Should it be necessary for the Company to pay to park near the site of the works, or if a parking permit is required, it is the Customer’s responsibility to pay for said parking and/or obtain the necessary permits. Should an employee of the Company have to abort an attendance due to lack of parking and/or permits the Company reserves the right to levy the minimum charge on the Customer.
9.1 The Customer will at all times ensure the environment is safe for the Company and its employees/representatives for the purpose of carrying out the works whilst on the Customer’s premises.
9.2 Where applicable to drainage works and services, the Customer shall provide the Company, prior to the works if available, a plan of the drain layouts. If this is not available, the Company reserves the right to make additional charges at the applicable rate if additional work is required on drains not previously covered or identified by the Customer.
9.3 By instructing the Company to proceed with any works as agreed, it is presumed by the Company that the Customer has sought the necessary permission as set out above and that the Customer is entitled to undertake said work. The Customer will be liable to the Company for all loss and damage whether indirect, direct or consequential which has been suffered by the Company as a result of the failure or delay by the Customer in performing the obligations as detailed above.
9.4 If the Company and/or any of its employees are subject to physical and/or verbal abuse by the Customer or any third party whilst undertaking the works the Company retains the right to cease work and leave the site and, if necessary, to inform the Police of said acts.
Indemnity
10.0 The Customer shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and/or charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings, representations and/or warranties in connection with this contract.
Force Majeure
11.0 The Company will use all reasonable efforts to carry out and complete the works within the agreed time frame, but shall not be liable to the Customer or any third party if the works are unable to start or be completed within said time frame due to events or circumstances beyond the Company’s control.
Guarantees
12.0 Any guarantee provided by the Company shall be for labour only, in respect of faulty workmanship for a period of 12 months of the date of completion. Any parts, equipment or components supplied by the Company will be covered by their respective manufacturer’s warranty.
The Company’s guarantee will become null and void if the work/appliance completed/supplied to the Customer by the Company is:
– Subject to misuse or negligence
– Repaired, tampered with or modified by anyone other than any person within the Company’s employ. The Company accepts no liability for (or guarantee suitability for) materials or equipment supplied by the Customer or other third parties, and will not accept liability for any damage, defects or faults in said materials or equipment.
12.1 The Company is unable to guarantee any work in respect of blockages in waste and drainage systems, for example should said drains become blocked again.
12.2 The Company is unable to guarantee any work which has been undertaken on instruction by the Customer that was contrary to the Company’s or it employees’ advice or recommendation.
12.3 The Company will only guarantee work directly undertaken by the Company and its employees.
12.4 The Company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried
out.
12.5 The Company will not guarantee work where the Customer has been notified either verbally or in writing by the Company of any related work which required attention and which the Customer declined to have undertaken.
12.6 The Customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe operative.
12.7 All Gas Safe engineers operate under their own Gas Safe registration, and a such are solely responsible for any gas related work and subsequent liability.
Complaints Procedure
13.0 In the event the Customer experiences a problem with the service provided by the Company, the Customer must put their complaint in writing to the Head Office at IGM Plumbing & Heating
50 Masefield Road
Harpenden, Hertfordshire, AL5 4JR (or by email to: ian@igm.me.uk) at the earliest opportunity. Upon receipt of this complaint, the Company will endeavour to respond to the Customer within seven working days.
Nothing in these terms and conditions is intended to remove your statutory rights
regarding the quality of our work, or relating to faulty or mis-described goods that
are supplied as part of the Company’s service.
IGM Plumbing and Heating
50 Masefield Road
Harpenden
AL5 4JR
(T) 01582 831120
(T) 01727 224300
(M) 07749 202609
(E) ian@igm.me.uk
