TERMS OF TRADE
These terms and conditions are between Mike Anderson Plumbing
Ltd a company registered in England and Wales, with company
registration number 14518127 (we, us or our) and you, being the
person or entity stated in the Quote (you or your), together the
Parties and each a Party. Together, these terms and conditions and
the Quote (attached to these Terms or the Quote) form the entire
agreement under which we will provide the Goods and Services to
you (Terms).
Our Contact Details:
Address: 2 Laurel House 1 Station Road, Worle,
Weston-Super-Mare, United Kingdom, BS22 6AR
Phone: 01934 784 046
Email: info@maplumbing.co.uk
Our registered VAT number is 456138386
1. Acceptance
1.1 You have requested the Goods and Services set out in the
Quote, and you are taken to accept these Terms by the
earlier of:
(a) signing and returning the Quote to us or accepting it
in writing;
(b) instructing us to proceed with the Goods and
Services; and/or
(c) making part or full payment of the Price.
1.2 Once you have accepted these Terms, these Terms will bind
you in respect of any subsequent quote (even if they are
not attached to the subsequent quote), except to the extent
these Terms are varied by us.
2. Your right to change your mind.
2.1 This clause 2 applies to the extent that you purchase Goods
and Services from us as a ‘consumer’, as defined in the
Consumer Rights Act 2015.
2.2 If:
(a) the Goods and Services involve a one-off delivery of
the Goods, you have 14 days after the day you (or
someone you nominate) receive the Goods; or
(b) the Goods and Services involve the delivery of some
Goods on different days, or if they are split into
several deliveries over different days, you have until
14 days after the day you (or someone you
nominate) receive the last delivery,
(c) the Goods and Services involve delivery on a regular
basis (during a defined period of more than one
day), you have 14 days after the day you (or
someone you nominate) receive the first delivery of
the Goods,
to change your mind and cancel these Terms (Cancellation
Period).
2.3 When you don't have the right to change your mind: You
do not have a right to change your mind in respect of:
(a) the Goods and Services if they are visits by us
specifically requested by you for the purpose of
carrying out urgent repairs or maintenance;
(b) Goods that are other than for the supply of water,
gas, electricity or district heating, where the Price is
dependent on fluctuations in the financial market
which cannot be controlled by us, and which may
occur within the Cancellation Period; or
(c) Goods you have damaged, or that are no longer in
their original condition); or
2.4 Tell us you want to cancel these Terms: To exercise your
right to cancel these Terms under this clause 2, please let us
know by contacting us by email. You may use the form at
Attachment 1.
2.5 Returning Goods to us: If you cancel these Terms for any
reason after the Goods have been dispatched to you, you
must return them to us (unless we agree to collect them, in
which case, we will charge you the direct cost to us of
collection). If you are exercising your right to change your
mind under clause 2 you must send the Goods back to us
without undue delay and in any event within 14 days of
telling us you wish to cancel these Terms.
2.6 You must cover the costs of returning the Goods to us,
except in the following circumstances, where we will pay
the costs of return:
(a) if the Goods are faulty or misdescribed; or
(b) goods that are made to your specifications or are
clearly personalized; or
(c) if you are exercising your right to change your mind
under clause 2 (provided you use a form of delivery
(for example, a courier) approved by us.
2.7 If you are exercising your right to change your mind and
return goods to us, we may reduce your refund of the Price
(excluding delivery costs) to reflect any reduction in the
value of the Goods, if this has been caused by your
mishandling. If we refund you the Price paid before we are
able to inspect the Goods and later discover you have
handled them in an unacceptable way, you must pay us an
appropriate amount.
2.8 We will make any refunds due to you as soon as possible. If
you are exercising your right to change your mind under
clause 2 and we have not offered to collect them, your
refund will be made within 14 days from the day on which
we receive the relevant Goods back from you.
2.9 If the Goods, by their nature, cannot normally be returned
by post, the cost of returning the Goods is estimated to by
manufacturer as per their fees plus our fee of £39.95
2.10 Notwithstanding that you do not have a right to change
your mind in respect of Goods that are made to your
specifications or are clearly personalised, if we do agree to
allow you to return them, it will be subject to a restocking
fee of 50% of the value of the Goods, which you must pay
to us (or which we may retain).
3. Goods and Services
3.1 We agree to provide the Goods and Services to you in
accordance with these Terms and all applicable laws,
whether ourselves or through our Personnel.
3.2 We warrant to you that the Goods and Services will be
provided using reasonable care and skill.
3.3 We will not be responsible for any Goods and Services
unless expressly set out in the inclusions in the Quote.
4. Time
4.1 We will use our commercial best endeavours to provide the
Goods and Services by the dates set out in the Quote, or
where no date is specified, then within a reasonable period
of time.
4.2 We will have no liability for delays to the Goods and
Services to the extent they are caused by:
(a) a Variation or deemed Variation;
(b) acts, omissions or breaches by you or your
Personnel;
(c) inclement weather; or
(d) delays in obtaining approvals for the Goods and
Services from relevant authorities.
4.3 To the maximum extent permitted by law, if we are unable
to begin work on your premises due to scheduling conflicts
with your Personnel, a delay fee of £175 per day will be
charged. This fee will be invoiced every 3 days for the
duration of the delay.
5. Variations
5.1 You may request a variation or change to the Goods and
Services, including the timing for the supply of the Goods
and Services (Variation), by providing written notice to us,
with details of the Variation (Variation Request). We will
not be obliged to comply with a Variation Request unless
we accept the Variation Request in writing. The Parties
agree to comply with these Terms as varied by any Variation
Request accepted in writing.
5.2 If we reasonably consider that any instruction or direction
from you constitutes a Variation, then we will not be
obliged to comply with such instruction or direction unless
a Variation Request has been issued and accepted by us in
accordance with clause 5.1.
5.3 All variations to the Goods and Services must be agreed in
writing between the Parties and will be priced at a rate of
£65 plus VAT, and invoiced and payable separately on the
same day it is carried out, or otherwise as reasonably
agreed between the Parties.
6. Price and Payment
6.1 You agree to pay us the Price in accordance with these
Terms and the payment terms set out in the Quote.
6.2 For any Quote exceeding £800 including VAT a 50% deposit is
required before the Goods and Services commence.
6.3 The Quote includes the removal of project-related waste
only.
6.4 Any drawings we commission for the Goods and Services on
your premises are not included in the Price. These can be
purchased separately for £75 plus VAT. If the Goods and
Services have already begun, the cost of any drawings will
be deducted from the final invoice.
6.5 If the Goods and Services are estimated to last longer than
2 weeks, we will establish a payment schedule payable
weekly.
6.6 All invoices are due Immediately, unless otherwise stated in
the Quote.
6.7 If you fail to make payment of the Price or any amount
payable under these Terms, we may:
(a) after a period of 3 days, cease providing the Goods
and Services, and recover, as a debt due and
immediately payable from you, our additional costs
of doing so (including reasonable recovery costs)
and charge a late payment fee of £25;
(b) after 28 days, charge a fee of 2.5% of the original
invoice;
(c) charge interest at a rate equal to 4% above the Bank
of England's base rate, from time to time, but at 4%
a year for any period when that base rate is below
0%, per annum, calculated daily and compounding
monthly, on any such amounts unpaid after the due
date for payment; and/or
(d) recover or repossess any Goods belonging to us,
and you agree to grant us such rights of access to
allow us (or our Personnel) to do so.
7. Warranties and Representations
7.1 You represent, warrant and agree that:
(a) you will comply with these Terms and all applicable
laws;
(b) you will provide our Personnel access to the
premises within 15 minutes of the scheduled
appointment;
(c) subject to clause (b) if access is not granted within
the specified appointment time, a £25 fee will be
payable before any rescheduling can occur and no
refund will be issued where the appointment does
not take place;
(d) you will provide at least 72 hours’ notice for any
cancellation of scheduled appointments;
(e) cancellations made within 72 hours of the
scheduled appointment will not be refunded;
(f) a fee of £119 plus VAT will be payable for Missed
Appointments;
(g) you have effected and will maintain appropriate
insurance policies for the Site for the duration of
our provision of the Goods and Services under these
Terms, and on request, you agree to provide us with
evidence sufficient to enable us to confirm your
compliance with this clause 7.1;
(h) you (and to the extent applicable, your Personnel)
will cooperate with us, and promptly provide us
with all documentation, information, instructions,
facilities and access (including access to the Site) as
may be reasonably necessary to enable us to
provide the Goods and Services in accordance with
these Terms;
(i) all the information and documentation that you
provide to us in connection with these Terms is true,
correct and complete;
(j) you will ensure that the Site is safe and free of
harmful materials or substances;
(k) you will ensure that any animals on the premises
are secure while our Personnel conduct the Goods
and Services;
(l) you will ensure that the working area is clear and
free of valuables;
(m) you will ensure that, whilst we are carrying out the
Goods and Services on the premises, any person
under the age of 16 will be accompanied by an
adult;
(n) you are responsible for obtaining, and providing to
us, if necessary, any access and approvals from third
parties necessary for the Goods and Services to be
provided, at your cost;
(o) our Personnel will always wear and maintain
appropriate work safety gear while on the premises;
and
(p) our Personnel will protect any carpets or flooring by
wearing appropriate covers and employing any
other reasonable method of protection.
8. Title and Risk
8.1 As between the Parties, you agree to pay for the reasonable
costs of delivering and/or collecting the Goods.
8.2 Title in the Goods will remain with us until all amounts due
and payable to us under these Terms are paid in full, and we
hold a general lien over the Goods for the satisfactory
performance by you of your obligations under these Terms.
8.3 Risk in the Goods will pass to you on:
(a) collection of the Goods at the collection location as
agreed between the Parties, if you are collecting the
Goods; or
(b) delivery of the Goods to the Site, if we are
delivering the Goods.
9. Term and Termination
9.1 These Terms will commence on the Commencement Date,
and will continue until the date the Goods and Services are
supplied to you in accordance with these Terms (as
determined by us, acting reasonably), unless terminated
earlier in accordance with this clause 9 (Term).
9.2 We may terminate these Terms at any time by giving 14
days’ notice in writing to the other Party.
9.3 These Terms may be terminated immediately upon written
notice by a Party (Non-Defaulting Party), if the other Party
(Defaulting Party) breaches a material term of these Terms,
and that breach has not been remedied within 10 business
days of the Defaulting Party being notified of the breach by
the Non-Defaulting Party.
9.4 Upon expiry or termination of these Terms:
(a) we will immediately cease providing the Goods and
Services and you are to pay for all Goods and
Services provided prior to termination;
(b) you agree to grant us such rights of access to any
premises where the Goods are located (including
the Site) to allow us (or our Personnel) to recover or
repossess any Goods belonging to us; and
(c) if requested by the Disclosing Party, the Receiving
Party must destroy or return to the Disclosing Party
all of its confidential information.
9.5 Termination of these Terms will not affect any rights or
liabilities that a Party has accrued under it.
10. Latent Conditions
10.1 If we encounter any condition, event, circumstance, matter
or thing in, on or around the Site or otherwise that could
not have reasonably been foreseen or anticipated by us as
at the date of the Quote, and that would or would likely
result in us, you or any third party suffering or incurring
additional cost or delay, or would require a change to the
Quote, Goods, Services, Price, and/or these Terms (Latent
Condition), during the provision of the Goods and Services,
we will notify you as soon as reasonably practicable after
becoming aware of the Latent Condition.
10.2 Any additional works, materials, costs or delays that we
suffer or incur as a result of any Latent Conditions, or any
instructions or directions given by you that are in addition
to the Goods and Services, will constitute a deemed
Variation. The pricing for any deemed Variation for a Latent
Condition, will be handled in accordance with clause 5.
11. CDM Regulations
11.1 The CDM Regulations govern health and safety matters on
construction projects, including during the pre-construction
phase (which includes the design phase).
11.2 This clause applies to the extent the Goods and Services are
covered by the CDM Regulations.
11.3 Before any construction works the subject of the Goods and
Services commence, where there is more than one
contractor, or if it is reasonably foreseeable that more than
one contractor will be working at any time (including if you
are also doing construction work yourself), a principal
contractor and a principal designer must be appointed by
you.
11.4 We agree to comply with the CDM Regulations to the extent
they apply to us and the Goods and Services. This includes
some of the obligations of a client under the CDM
Regulations, if we are deemed to be the principal
contractor.
12. Liability
12.1 Nothing in these Terms limits any Liability which cannot
legally be limited, including liability for death or personal
injury caused by negligence, fraud or fraudulent
misrepresentation, and defective products under the
Consumer Protection Act 1987.
12.2 Subject to clause 12.1 (liability which cannot legally be
limited), but despite anything else to the contrary, to the
maximum extent permitted by law, we will not be liable for:
(a) any errors or omissions in any information or
documentation (including drawings and reports)
provided by you;
(b) any property loss or damage or personal injury or
death arising from or in connection with the acts or
omissions of you; or
(c) any loss or damage which is an unavoidable
consequence of the supply of the Goods or Services,
including but not limited to, paint damage to
surrounding fixtures.
12.3 Subject to clause 12.1 (liability which cannot legally be
limited), but despite anything else to the contrary, to the
maximum extent permitted by law:
(a) we only supply the Goods and Services for domestic
and private use. If you use the Goods and Services
for any commercial, business or re-sale purpose we
will have no liability to you for any loss of profit, loss
of business, business interruption, or loss of
business opportunity;
(b) a Party’s liability for any Liability under these Terms
will be reduced proportionately to the extent the
relevant Liability was caused or contributed to by
the acts or omissions of the other Party (or any of
its Personnel), including any failure by that other
Party to mitigate its loss; and
(c) our aggregate liability for any and all Liability arising
from or in connection with these Terms will be
limited to 100% of the Price.
13. Confidential Information and Intellectual Property
13.1 Subject to clause
13.2, each Party must (and must ensure
that its Personnel) keep confidential, and not use (except to
perform its obligations under this Agreement) or permit any
unauthorised use of, information provided by the other
Party, including information about this Agreement and the
other Party’s business and operations.
13.2 Clause 13.1 does not apply where the disclosure is required
by law or the disclosure is to a professional adviser in order
to obtain advice in relation to matters arising in connection
with this Agreement and provided that the Disclosing Party
ensures the adviser complies with the terms of clause 13.1.
13.3 Nothing in these Terms constitutes a transfer or assignment
of one Party’s intellectual property rights to the other Party.
14. General
14.1 Amendment: Subject to clause 5, these Terms may only be
amended by written instrument executed by the Parties.
14.2 Assignment: Subject to clause 14.3, a Party must not assign,
novate or deal with the whole or any part of its rights or
obligations under these Terms without the prior written
consent of the other Party (such consent is not to be
unreasonably withheld).
.14.3 Assignment of Debt: You agree that we may assign or
transfer any debt owed by you to us, arising under or in
connection with these Terms, to a debt collector, debt
collection agency, or other third party.
14.4 Disputes: Alternative dispute resolution is a process where
an independent body considers the facts of a dispute and
seeks to resolve it, without you having to go to court. If you
are not happy with how we have handled any complaint,
you may want to contact the alternative dispute resolution
provider we use. You can submit a complaint to The Centre
for Effective Dispute Resolution via their website at
https://www.cedr.com/. The Centre for Effective Dispute
Resolution will not charge you for making a complaint and if
you are not satisfied with the outcome, you can still bring
legal proceedings.
14.5 Complaints: All complaints must be sent to
14.6 Contracts (Rights of Third Parties) Act 1999:
Notwithstanding any other provision of this Agreement,
nothing in this Agreement confers or is intended to confer
any right to enforce any of its terms on any person who is
not a party to it.
14.7 Force Majeure: Neither Party will be liable for any delay or
failure to perform their respective obligations under these
Terms if and to the extent such delay or failure is caused or
contributed to by a Force Majeure Event.
14.8 Governing law: These Terms are governed by the laws of
England and Wales. Each Party irrevocably and
unconditionally submits to the exclusive jurisdiction of the
courts operating in England and Wales and any courts
entitled to hear appeals from those courts and waives any
right to object to proceedings being brought in those
courts.
14.9 Publicity: Despite clause 13, you agree that we may
advertise or publicise the broad nature of our provision of
the Goods and Services to you and we may take and use
content such as photos or videos of the Goods and Services,
including on our website or in our promotional material.
14.10 Relationship of Parties: These Terms are not intended to
create a partnership, joint venture, employment or agency
relationship between the Parties.
14.11 Severance: If a provision of these Terms is held to be void,
invalid, illegal or unenforceable, that provision is to be read
down as narrowly as necessary to allow it to be valid or
enforceable, failing which, that provision (or that part of
that provision) will be severed from these Terms without
affecting the validity or enforceability of the remainder of
that provision or the other provisions in these Terms.
14.12 Survival: Each clause, which by its nature survives
termination, will survive the termination or expiry of these
Terms.
15. Definitions
In these Terms, unless the context otherwise requires:
CDM Regulations means the Construction (Design and
Management) Regulations 2015.
Commencement Date means the date these Terms are
accepted in accordance clause 1.1.
Expenses means any disbursements, including travel and
accommodation costs and third-party costs, reasonably and
directly incurred by us and approved in advance by you for
the purpose of the provision of the Goods and Services.
Goods and Services means the goods and services to be
provided by us to you under these Terms, as expressly set
out in the Quote, as adjusted in accordance with these
Terms.
Liability means any expense, cost, liability, loss, damage,
claim, notice, entitlement, investigation, demand,
proceeding or judgment (whether under statute, contract,
equity, tort (including negligence), misrepresentation,
restitution, indemnity or otherwise), howsoever arising,
whether direct or indirect and/or whether present,
unascertained, future or contingent and whether involving
a third party or a Party to these Terms or otherwise.
Missed Appointment: An appointment is considered
missed when our Personnel are unable to gain access to the
premises with 15 minutes of the agreed-upon time.
Personnel means, in respect of a Party, any of its
employees, consultants, suppliers, subcontractors or
agents, but in respect of you, does not include us.
CONFIDENTIAL Page 4 of 5
MIKE ANDERSON PLUMBING LTD TERMS OF TRADE
Price means the price set out in the Quote for the provision
of the Goods and Services, as adjusted in accordance with
these Terms, and includes all Expenses and any deposit set
out in the Quote.
Quote means the quote (including any online quote) to
which these Terms are attached or incorporated by
reference.
Site means the site as set out in the Quote, and includes
any other property or sites adjoined to, surrounding or
neighbouring the Site that may be necessary to access or
use for the provision of the Goods and Services.
Term has the meaning given in clause 1.1.
Variation has the meaning given in 5.1.
Variation Request has the meaning given in clause 5.1.