Terms and Conditions

General Business Terms and Conditions

1. For the purpose of these terms & conditions the following words shall have the following meanings:

• (a) “The Company” shall mean Ajax Plumbing.
• (b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials
• The Operative or Engineer shall mean the representative appointed by the Company.

2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.

 

3. Hourly rate work. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 15%) and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable.

4. Fixed price work shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost.

5. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:

1. If after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
2. If after submission of the estimate there is an increase in the price of materials.
3. If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
4. If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.

6. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.

7. Material Collection. Collection of non-stock items is chargeable but:

• (a) Time must be kept to a minimum & reasonable.
• (b) The Customer must be informed wherever possible when the operative leaves the premises.
• (c) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
• (d) Only one engineer is allowed to leave the job to collect parts.
• (e) The collection of materials which should be normally stocked items is non-chargeable.

8. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until the Company receives payment in full.

9. 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/engineer or for the late or non-delivery of materials.

 

10. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and receiving a written estimate) the name of the third party appears on the written estimate.

11. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure 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.

12. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if he/she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.

13. The Guarantee shall be for labour only in respect of faulty workmanship for 70 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:

1. Subject to misuse or negligence.
2. Repaired, modified or tampered with by anyone other than a Company operative.

The Company will accept no liability for, or guarantee suitability; materials supplied by the Customer and will accept no liability for any consequential damage or fault.

14. The company will not guarantee any work in respect of blockages in waste and drainage systems etc. The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work, which has not been undertaken by the company, will not be guaranteed. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention. The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.

15. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.

16. 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 contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.

17. 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 the Customer has made payment in full for such goods to the Company. Until such time as title in the such goods has passed to the Customer:

1. the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
2. for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
3. The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.

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.

18. 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.

19. 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 other work overlooked or subsequently requested and not undertaken at that time.

These terms and conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.

Website Use Terms and Conditions

Accuracy of Information

From time to time the Web Site may include links to other web sites. These links are provided solely in the interest of enhancing the Web Site and we do not give any warranty or endorsement as to the accuracy, usefulness or adequacy of those other sites or any information posted on them. If you object to any information posted on the Web Site you should let us know in Writing immediately.

Any information found on this website is intended for guidance purposes only. The website, price and availability of information is subject at our discretion to change without notice to you. Any such changes will apply to subsequent orders by you. However we provide a service to you as well as links to other websites on an “as is” basis. We make no representations or warranties of any kind (except when we are dealing with you as a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977), express or implied, with respect to our website or the information, content, materials or products included in our site including without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, up to date, uninterrupted or error free. You hereby expressly warrant that you are satisfied as to the suitability of the goods for your own specific purposes and that they are not sold to you on a trial basis.

Compatability

We do not guarantee that this website will be compatible with all hardware and software which may be used by visitors to our site. In no event shall we be liable for any special, incidental or consequential damages, or for interrupted communications, lost data, loss of profits, reverses or viruses which may affect your computer equipment, software, data or other property as a result of you accessing, using or browsing our website or you downloading any of the materials, data, text or images contained thereon. Our maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or a series of two or more related incidents to the amount equal to the cover provided to us under our policies of insurance or the price paid by you for the goods whichever is the lesser.

General

 

If any of these Conditions or any part of them are held by any competent authority to be unlawful, invalid or unenforceable then the validity of the other provisions of these Conditions (or the remainder of the particular provision, as applicable) shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law. The Contract and these Conditions shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English Courts if there are any disputes between us of any kind.

We reserve the right to refer any dispute arising in connection with the Web Site, these Conditions or the Contract to mediation or to a binding independent adjudication procedure.

You shall not transfer assign or sub-contract your obligations under the Contract without our prior consent in Writing.

Failure by us to enforce at any time any of these Conditions shall not be a waiver of our rights and shall not affect the validity of the whole or any part of these Conditions or prejudice our right to take subsequent action.

We may alter these Conditions from time to time without notice.

You agree that your use of the Web Site will on each future visit to the Web Site be governed by these Conditions as amended at the date of each such visit.