Terms & Conditions
Terms and conditions of installation, repair and services.
Unless otherwise agreed in writing, the installation, repair and service shall be subject to the following terms and conditions.
Our Main Obligations to You:
We will carry out the work with all reasonable skill and care according to the timetable agreed with you. Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.
Your Right to Cancel:
You can cancel this contract and receive a full refund of your deposit by sending written notice no later than 14 days after the date on which this contract was signed; this right is known as the "Cooling-Off Period".
If there is a severe or unreasonable delay beyond the "Cooling-Off Period", not caused by you, or by events beyond our control, then you will have a right to cancel this contract and receive a full refund.
If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund. (You can also seek the other remedies detailed in section 9.3 of this Contract).
Your Main Obligation to Us:
You may be asked to pay a deposit when you sign the contract. This will not under any circumstances be more than 25% of the total contract price.
It is your responsibility to get the necessary permissions and approvals for the work to take place. We will help you do this if requested.
If you fail to pay on time, we may stop work and charge additional costs.
If you cause the work to be delayed, we may stop work and charge reasonable additional costs.
1 ACCEPTANCE OF PROPOSAL
1.1 The Quotation is valid for a period of 30 days from the date of issue and is subject to work starting within 90 days of acceptance.
1.2 We will rely upon the written terms set out here in the Contract. Please read them carefully before accepting them. If you need any explanations about these terms, please write or telephone us at the address and telephone number provided. If any amendments to this Contract are required, you must confirm these in writing, and they must be agreed by an authorised representative of this Company.
The "Cooling-Off Period"
1.3 You can cancel this Contract by sending us written notice using the address provided. You must send that written notice no later than 14 days after the date on which acceptance of this Contract was communicated; this right is known as the "Cooling-Off Period". If you cancel after that period, then unless we are in breach of this Contract, the conditions set out in section 9.1.1 of this Contract will continue to apply.
2 OUR MAIN OBLIGATION TO YOU IS TO DO THE WORK WITH ALL REASONABLE SKILL AND CARE ACCORDING TO THE TIMETABLE SET OUT IN THE QUOTE AND AGREED IN THE CONTRACT
2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described in the Quotation. The goods we supply must:
- be of satisfactory quality
- be fit for purpose; and,
- operate as we described to you.
2.2 We agree to supply the goods and carry out the installation work as specified in the timetable set out in the Quotation. We must have discussed that timetable with you before you sign this Contract. Your acceptance of these terms indicates that you agree to proceed using that timetable.
2.2.1 We may adjust that timetable after discussing this with you according to the conditions set out in section 8 of this Contract. If we fail to carry out the work according to that timetable, then the conditions set out in section 8.2 of this Contract will apply. If, for whatever reason, there is any delay, suspension or cancellation of the supply of the goods or installation of the system then the conditions described in 8.2.1 and 8.2.2 of this Contract will apply.
3 YOUR MAIN OBLIGATION TO US IS TO MAKE THE PAYMENT TO US
3.1 You will pay us the deposit specified in the contract when you sign this agreement. The deposit shall not amount to more than 25% of the total contract price set out in the Quotation. Should you decide to cancel the contract within the "Cooling-Off Period" (see section 1.3 of this Contract) we will return that deposit to you in full. Note: HIES will not cover deposits or advance payments in excess of 25% of the contract value or more than £5,000.
3.1.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full.
3.2 The balance outstanding on the contract price is due on completion and commissioning of the installation. We will issue you with an invoice when the work is complete and has been commissioned.
3.3 You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of Late Payment
3.4 If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.
4 YOUR OTHER OBLIGATIONS TO US
4.1 You must obtain all relevant permissions (such as planning and building consents) that are necessary before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you must make those available.Supply of Services
4.2 You must agree to provide the following for our use free of any charge: water, washing facilities and toilets; electricity supply; adequate storage space; safe and easy access to your property from the public highway; easy access to the location within the property where the installation is to take place by removing all belongings.
4.3 You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Quotation can start. If so, we will describe this to you in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start, then the conditions described in section 8.3 of this Contract will apply.
4.4 Some works are extensive and will have an impact on the property. Where access requirements are likely to cause damage to internal and external fittings such as wall paint and coverings, we can make good at extra cost unless already included within the quoted price.
4.5 We may, as a result of work requirements, need to leave equipment in your premises and it is your responsibility to ensure that they are kept as left.
4.6 Where we are connecting new equipment to your existing equipment and structure, we cannot accept responsibility to for your existing equipment or structure that may develop faults or where any equipment has any pre-existing faults.
4.7 We will remove from site all waste generated as a direct result of our installation. This will be carried out under our waste carrier licence: Registration CBDU394813. Our price does not allow for the removal of hazardous waste such as asbestos. We can help to arrange a licensed specialist at additional cost to you.
4.8 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 of this Contract you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs. If this happens then section 7 of this Contract will apply.
5 DELIVERY, TITLE AND RISK
5.1 We will deliver the goods to the location detailed in the Quotation.
5.2 Where your money has been used to make specific purchases on your behalf, then legal title to those goods, or the proportion of them you have paid for, will pass to you. We must either deliver them to you or label them as belonging to you. Where the goods are stored by us then we must keep those goods separate from our own goods and those of third parties. We must also keep the goods stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the goods and/or repossess them.
5.3 Goods belonging to us may be delivered to the site. If the contract is terminated early for reasons detailed in section 9.3 of this Contract, then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.
5.4 If the Contract is terminated early for reasons detailed under section 9.4 of this Contract, then, with reasonable notice, you must return and deliver the goods to us. If this happens you may have to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made
5.5 Until ownership of the goods passes to you, you must: store the goods separately in such a way that they remain readily identifiable as our property; not destroy, deface or obscure any identifying mark of packaging on or relating to the goods; maintain the goods in a satisfactory condition.
6 CHANGE OF WORK
6.1 If, after signing the contract, you want to change the work, you must consult with us first. We may be able to incorporate your changes into the installation provided that: it is technically possible; we have the necessary resources; the necessary permissions are in place.
6.2 If we agree to this change of work, you must confirm this in writing and, do so within 14 days of when you first tell us.
6.3 We will then adjust the price by written agreement beforehand, if possible; or if not thenby later written agreement, or if not then by referring to any priced documents, if this applies; or if not then by a reasonable amount for the work done or goods supplied.
6.4 Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. We will try to keep those costs to a minimum.
7 UNEXPECTED WORK
7.1 The Quotation given to you must detail the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member.
7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue, then section 6.3 of this Contract will apply.
8 CHANGES TO AGREED TIMETABLE
8.1 We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control such as adverse weather conditions, strikes or disputes. Delays may also be caused when third parties are involved in installing other, related works. We cannot be held responsible for any such delays. If such delays occur, we will complete the work as soon as possible.
Consequence of Delay Caused By Us
8.2 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
8.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality.
8.2.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section 9.2 of this Contract.
Consequences of Delay Caused By You
8.3 We will seek to accommodate small delays without recourse to compensation.
8.3.1 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 6.3 and subject to section 7 of this Contract.
9 CANCELLATION OF THIS CONTRACT
9.1 As detailed above in section 1.3 of this Contract, you can cancel this contract by sending us written notice no later than 14 days after the date on which this contract was signed.
9.1.1 If you cancel this Contract after the period referred to in sections 9.1 and 1.3 of this Contract then you will have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution.
9.2 If there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you will be entitled to cancel the contract and receive a full refund.
9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to: cancel the contract and receive an appropriate refund; or request a repair or a replacement; or ask for compensation. You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or decide you no longer want some or all the components.
9.4 By placing the order, you give Us permission to go ahead with any Preparatory Work specified in the Order. If you change Your mind and cancel the Contract after commencement of these Preparatory Works, you will be charged a reasonable proportion of the fees shown for them on the Order. We can, by mutual agreement confirmed in writing, vary the Goods, Services or Terms of this Contract.
9.5 If you are in serious breach of your obligations as set out in this Contract and you fail to remedy that breach within 14 days of receiving written notice from us about that breach, then we have a right to cancel the contract. We must give you reasonable opportunity to rectify the alleged breach.
9.6 If we suffer a loss as a result of your breach of contract, we must take reasonable steps to prevent the loss from getting worse. If your breach of contract leads to a cancellation, then you may have to pay compensation for reasonable costs or losses reasonably incurred.
10 USING YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to us in accordance with the Data Protection Act 2018, General Data Protection Regulations and more specifically to:a) Supply the Goods and Services to you b) Process any payments that you make for the Goods and Services, including if necessary, conducting credit reference checks c) Register Your installation with any relevant bodies and any competent person’s scheme d) Address any concerns or complaints that you have about the Goods and Services
10.2 On the Order, we have asked you to indicate whether you will allow us to send you information about our future Products and Services. We will use your information in accordance with your wishes and you may notify us of any changes to those wishes.
10.3 If you need to write to us, please do so at: CJ Plumbing & Heating Limited at Edison House, Edison Close, Ransomes Europark, Ipswich, Suffolk IP3 9GU Email: firstname.lastname@example.org
11 COMPLAINTS PROCESS
11.1 Our Complaints Process is published within a separate document included on our website.
11.2 Complaints arising from services sold via extended credit will be handled via the Eligible Complaints Process as published on our website www.cjplumbheat.co.uk
12 FINANCIAL CONDUCT AUTHORITY
CJ Plumbing and Heating Limited is authorised and regulated by the Financial Conduct Authority FRN 969522. We act as a credit broker not a lender and offer finance from a lender. Finance is subject to an application, status & affordability.
CJ Plumbing & Heating is a trading name of CJ Plumbing and Heating Ltd.