Terms & Conditions
Last updated: June 2026
Terms and Conditions of Business
For Plumbing, Heating, Gas, Installation, Repair and Maintenance Services
Company: Summit Plumbing & Heating Solutions LTD
Company Number: 15519970
Registered Office: 6, Business Park, 238 Green Ln, London SE9 3TL
VAT Number: 477780242
Gas Safe Registration Number: 944775
Telephone: 02033557452
Email: info@summitplumbingheatingsolutions.co.uk
Website: www.summitplumbingheatingsolutions.co.uk
These Terms and Conditions apply to all work carried out by Summit Plumbing & Heating Solutions LTD unless otherwise agreed in writing.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following expressions shall have the following meanings:
1.1.1 “Company”, “we”, “us” or “our” means Summit Plumbing & Heating Solutions LTD, a company registered in England and Wales.
1.1.2 “Customer”, “you” or “your” means the person, firm, company, landlord, letting agent, tenant, occupier, property manager or other party requesting, instructing, authorising or receiving the Services.
1.1.3 “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
1.1.4 “Business Customer” means a Customer acting for purposes relating to their trade, business, craft or profession, including but not limited to landlords, letting agents, property managers, developers, contractors and commercial clients.
1.1.5 “Services” means plumbing, heating, gas, boiler, hot water, central heating, drainage, repair, installation, maintenance, servicing, inspection, callout, investigation, fault-finding, quotation, emergency attendance and associated works provided by the Company.
1.1.6 “Goods” means any parts, materials, appliances, boilers, cylinders, radiators, valves, controls, filters, pipework, fittings, fixtures or other items supplied by the Company as part of the Services.
1.1.7 “Works” means the specific Services and Goods described in a quotation, estimate, job sheet, invoice, email, written instruction or other confirmation.
1.1.8 “Quotation” means a fixed-price offer for specified Works, subject to the assumptions, exclusions and limitations stated in the Quotation.
1.1.9 “Estimate” means an approximate indication of likely cost, based on the information available at the time, which may change once further information, investigation or site conditions become known.
1.1.10 “Contract” means the legally binding agreement between the Company and the Customer for the provision of the Services and/or Goods.
1.1.11 “Site” means the property, premises or location where the Works are to be carried out.
1.1.12 “Emergency Works” means attendance or work requested urgently, including but not limited to leaks, loss of heating, loss of hot water, gas safety concerns, unsafe installations, burst pipes, drainage issues or any situation where the Customer requests priority or same-day attendance.
1.2 References to legislation include any amendment, replacement or re-enactment of that legislation from time to time.
1.3 Headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
1.4 Words in the singular include the plural and vice versa.
1.5 Where the Customer is a Consumer, nothing in these Terms and Conditions shall affect the Customer’s statutory rights.
2. Scope of Services
2.1 The Company provides plumbing, heating, gas and associated trade services, which may include:
2.1.1 plumbing repairs and installations;
2.1.2 leak investigations and repairs;
2.1.3 boiler servicing, repairs and replacements;
2.1.4 central heating repairs, upgrades and installations;
2.1.5 radiator, valve, thermostat and control works;
2.1.6 hot water cylinder, unvented cylinder and water heater works, where within the Company’s competence and registration;
2.1.7 gas safety inspections and landlord gas safety records;
2.1.8 heating system flushing, cleaning, balancing and treatment;
2.1.9 appliance disconnection, installation and commissioning;
2.1.10 callouts, fault-finding and diagnostic investigations;
2.1.11 planned maintenance and servicing;
2.1.12 emergency and priority attendance, subject to availability;
2.1.13 associated minor building, access, making-safe or enabling works where expressly agreed.
2.2 The Company shall carry out the Services with reasonable care and skill.
2.3 Gas work shall only be carried out by engineers who are suitably competent and, where legally required, Gas Safe registered for the relevant category of work.
2.4 The Company may refuse to carry out, continue or complete any Works where, in its reasonable opinion:
2.4.1 the installation is unsafe;
2.4.2 the Works would breach applicable law, regulations, manufacturer instructions or recognised industry standards;
2.4.3 the Customer refuses recommended safety works;
2.4.4 there is a risk to health and safety;
2.4.5 asbestos or suspected asbestos is present;
2.4.6 access is inadequate or unsafe;
2.4.7 the Customer has failed to pay sums due;
2.4.8 the Customer or any occupant behaves in an abusive, threatening or unreasonable manner.
2.5 Unless expressly included in writing, the Services do not include:
2.5.1 boxing-in, plastering, tiling, decorating, flooring, carpentry, electrical works, building works or making good;
2.5.2 asbestos testing, removal or remediation;
2.5.3 structural alterations;
2.5.4 obtaining planning permission, building control approval, landlord consent, freeholder consent or management company consent;
2.5.5 specialist surveys;
2.5.6 relocation of concealed services unless expressly agreed;
2.5.7 repair of pre-existing defects or hidden faults unless expressly included.
3. Quotations and Estimates
3.1 The Company may provide either a Quotation or an Estimate.
3.2 A Quotation is a fixed price for the specific Works described in it, subject to:
3.2.1 the accuracy of information provided by the Customer;
3.2.2 reasonable access being available;
3.2.3 the existing installation being in the condition reasonably apparent at the time of quotation;
3.2.4 no hidden, unforeseen or abnormal conditions being discovered;
3.2.5 no change to the scope of Works;
3.2.6 materials remaining available at the quoted price;
3.2.7 any assumptions, exclusions or notes stated in the Quotation.
3.3 An Estimate is not a fixed price. It is an approximate assessment of likely cost based on the information available at the time. The final price may be higher or lower than the Estimate.
3.4 Unless otherwise stated, Quotations are valid for 30 days from the date of issue.
3.5 The Company may withdraw or revise a Quotation before acceptance if:
3.5.1 there has been a pricing error;
3.5.2 supplier or manufacturer costs have materially increased;
3.5.3 materials have become unavailable;
3.5.4 the Customer changes the scope of Works;
3.5.5 further site information becomes available;
3.5.6 the Works cannot reasonably be carried out as originally anticipated.
3.6 Any additional work not included in the Quotation shall be charged separately.
3.7 If additional works are identified during the job, the Company shall, where reasonably practicable, notify the Customer and seek approval before proceeding. However, where immediate action is required to prevent damage, danger or further loss, the Company may carry out reasonable making-safe works and charge accordingly.
3.8 Quotations are based on visible and accessible areas only unless otherwise stated. The Company shall not be liable for failing to identify defects hidden behind walls, floors, ceilings, boxing, tiles, plasterboard, concrete, insulation, appliances, fitted furniture or other inaccessible areas.
3.9 Any images, product descriptions, brochures or manufacturer specifications are provided for general guidance only. The final Goods supplied may vary where an equivalent or suitable alternative is required due to availability or manufacturer changes.
4. Booking, Confirmation and Formation of Contract
4.1 Appointments may be booked by telephone, email, website form, text message, customer portal, online booking system or other written communication.
4.2 A booking request does not create a binding Contract unless and until accepted by the Company.
4.3 A Contract is formed when:
4.3.1 the Customer accepts a Quotation or instructs the Company to proceed;
4.3.2 the Company confirms an appointment or start date;
4.3.3 the Customer pays a deposit;
4.3.4 the Company attends the Site at the Customer’s request;
4.3.5 the Company orders Goods specifically for the Customer’s Works;
whichever occurs first.
4.4 The person instructing the Company warrants that they have authority to do so.
4.5 Where the Customer is a landlord, letting agent, managing agent or property manager, the Customer confirms that it has authority from the property owner to instruct the Works and to bind the owner and/or its own business to payment.
4.6 Appointment times are given in good faith. The Company shall use reasonable endeavours to attend at the agreed time but shall not be liable for delay caused by traffic, emergency works, overrunning jobs, supplier delays, weather, illness, access issues or circumstances beyond its reasonable control.
4.7 Where a job is booked as a priority, emergency or same-day attendance, this relates to priority allocation of attendance only and does not guarantee that all Works can be completed during that visit.
5. Prices, Charges and VAT
5.1 Prices may be stated as exclusive or inclusive of VAT. Where VAT applies and prices are stated exclusive of VAT, VAT shall be added at the prevailing rate.
5.2 Callout charges, diagnostic charges, hourly labour rates, priority attendance charges and minimum charges shall be payable as stated at the time of booking or as set out in the Company’s published rates.
5.3 Unless expressly agreed otherwise, time-based charges include time spent:
5.3.1 travelling where chargeable;
5.3.2 attending the Site;
5.3.3 investigating and diagnosing faults;
5.3.4 sourcing or collecting materials;
5.3.5 carrying out the Works;
5.3.6 testing, commissioning and completing job records.
5.4 Materials and parts may be charged with a handling, sourcing or supply margin.
5.5 Parking, congestion charges, ULEZ, tolls, access permits, waste disposal, specialist equipment hire, scaffolding, lifting equipment and other job-specific expenses may be charged in addition where applicable.
5.6 Where the Customer requests out-of-hours, same-day, emergency, weekend, bank holiday or priority attendance, enhanced rates may apply.
6. Deposits, Staged Payments and Payment Terms
6.1 The Company may require a deposit before booking, ordering materials or commencing Works.
6.2 Deposits may be non-refundable to the extent that the Company has incurred costs, ordered Goods, allocated labour, turned away other work or carried out administration in reliance on the Customer’s instruction, subject always to the Customer’s statutory rights where applicable.
6.3 For larger jobs, including boiler installations, heating upgrades, bathroom works, commercial works or project works, the Company may require staged payments.
6.4 Unless otherwise agreed in writing, payment shall be due as follows:
6.4.1 callouts, diagnostics and small repair works: payable on completion or immediately upon invoice;
6.4.2 quoted works: payable in accordance with the payment terms stated in the Quotation;
6.4.3 larger works: deposit and staged payments as stated in the Quotation;
6.4.4 commercial, landlord or letting agent works: payable in accordance with agreed account terms, where such terms have been approved in writing by the Company.
6.5 Unless otherwise stated on the invoice, invoices are due within 3 days of the invoice date for domestic customers and within the agreed account period for approved Business Customers.
6.6 Payment may be made by bank transfer, card payment, direct debit, online payment link or any other method accepted by the Company.
6.7 The Customer shall not withhold payment because of a minor snag, disputed item or alleged defect where the majority of the Works have been completed. The Customer may only withhold a reasonable and proportionate sum relating to the specific disputed issue.
6.8 The Company may suspend or refuse further work, warranty attendance, servicing, certification or release of documents where payment is overdue.
6.9 Title to Goods supplied shall remain with the Company until payment has been received in full, although risk in the Goods shall pass to the Customer once installed or delivered to Site.
6.10 The Company may recover from the Customer all reasonable costs incurred in recovering overdue sums, including administrative costs, debt recovery charges, legal costs, court fees and enforcement costs.
6.11 For Business Customers, the Company reserves the right to charge statutory interest and compensation on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations.
6.12 For Consumers, the Company may charge reasonable interest, administration charges and recovery costs where permitted by law and where such charges are fair and proportionate.
6.13 Failure to make payment within the agreed timeframe may result in legal proceedings being issued without further notice. The Customer shall be liable for all reasonable costs of recovery where legally recoverable.
7. Customer Cancellations and Cooling-Off Rights
7.1 This clause applies where the Customer cancels a booking, Contract or Works.
Consumer cancellation rights
7.2 Where the Customer is a Consumer and the Contract is made at a distance, online, by telephone, by email, or away from the Company’s business premises, the Customer may have the right to cancel the Contract within 14 days without giving a reason.
7.3 The 14-day cancellation period starts on the day after the Contract is formed.
7.4 To exercise the right to cancel, the Consumer must inform the Company by a clear statement, such as email, letter or another written communication.
7.5 If the Consumer asks the Company to start work during the 14-day cancellation period, the Company may require the Consumer to provide express written consent to start the Works and acknowledgement that cancellation rights may be affected.
7.6 If the Consumer cancels after requesting that Services begin during the cancellation period, the Consumer must pay the Company a reasonable amount for the Services performed up to the point of cancellation, together with any Goods supplied, ordered, installed or specially obtained where payment is permitted by law.
7.7 Where Services have been fully performed within the cancellation period at the Consumer’s express request and with the Consumer’s acknowledgement that cancellation rights will be lost once the Services are completed, the Consumer will lose the right to cancel those Services.
7.8 The right to cancel may not apply, or may be limited, in respect of:
7.8.1 urgent repairs or maintenance requested by the Consumer at their home;
7.8.2 Goods made to the Consumer’s specification or clearly personalised;
7.8.3 Goods which have been installed, used, damaged or cannot reasonably be returned;
7.8.4 Services already fully performed with the Consumer’s express consent;
7.8.5 emergency making-safe works.
7.9 Where the Consumer validly cancels and a refund is due, the Company shall refund sums due within the period required by law, less any lawful deduction for Services performed, Goods supplied or costs incurred.
General cancellation charges
7.10 Where the Customer cancels an appointment or Works after booking, the Company may charge a reasonable cancellation fee where:
7.10.1 less than 24 hours’ notice is given;
7.10.2 labour has already been allocated;
7.10.3 materials have been ordered;
7.10.4 specialist equipment has been hired;
7.10.5 a parking permit, access permit or third-party attendance has been arranged;
7.10.6 the Company has incurred costs in reliance on the booking.
7.11 Missed appointments, refused access, unavailable keys, uncontactable occupants or unsafe access may be treated as a cancellation by the Customer and charged accordingly.
7.12 Business Customers do not have statutory consumer cooling-off rights.
8. Company Cancellation Rights
8.1 The Company may cancel, postpone or suspend Works where:
8.1.1 materials are unavailable;
8.1.2 the Customer fails to pay a deposit, staged payment or overdue invoice;
8.1.3 the Customer fails to provide access;
8.1.4 the Site is unsafe;
8.1.5 asbestos or suspected asbestos is present;
8.1.6 the Works require specialist services not included in the Contract;
8.1.7 the Customer requests unlawful, unsafe or non-compliant work;
8.1.8 an engineer is unavailable due to illness, emergency or circumstances beyond the Company’s control;
8.1.9 the Customer behaves abusively or unreasonably;
8.1.10 continuing the Works would expose the Company to unacceptable risk.
8.2 Where the Company cancels before work starts and no costs have been incurred, any deposit paid shall be refunded.
8.3 Where the Company cancels because of Customer default, unsafe conditions, non-payment or breach of these Terms and Conditions, the Company may charge for work carried out, costs incurred and losses reasonably suffered.
9. Access and Customer Obligations
9.1 The Customer shall ensure that the Company has safe, clear and reasonable access to the Site at the agreed appointment time.
9.2 The Customer shall ensure that:
9.2.1 an adult with authority is present where required;
9.2.2 keys, codes, permits and parking arrangements are available;
9.2.3 tenants, occupiers, neighbours, managing agents and building staff have been informed where necessary;
9.2.4 working areas are clear of furniture, stored items, personal belongings and obstructions;
9.2.5 fragile, valuable or sentimental items are removed from the working area;
9.2.6 pets and children are kept away from the working area;
9.2.7 water, gas and electrical isolation points are accessible;
9.2.8 accurate information is provided about the property, installation, known defects, prior works, asbestos risk, access restrictions and relevant safety issues.
9.3 The Customer is responsible for obtaining all permissions required for the Works, including landlord consent, freeholder consent, leaseholder consent, planning permission, listed building consent, building control approval, party wall consent, management company consent and neighbour access consent, unless expressly agreed otherwise in writing.
9.4 The Customer shall not interfere with, adjust, remove or alter any Works, settings, valves, controls, materials or safety devices following completion unless instructed by the Company or another competent professional.
9.5 The Company shall not be liable for delay, additional cost, damage or incomplete Works caused by the Customer’s failure to comply with this clause.
10. Site Conditions, Hidden Defects and Existing Installations
10.1 Plumbing and heating works often involve existing systems, concealed pipework, ageing components, unknown alterations and hidden defects.
10.2 The Company shall not be liable for defects, leaks, failures, blockages, weaknesses or non-compliance in the existing installation unless caused by the Company’s failure to exercise reasonable care and skill.
10.3 The Customer accepts that works to existing systems may reveal or cause failure of weakened components, including but not limited to:
10.3.1 seized valves;
10.3.2 corroded pipework;
10.3.3 brittle fittings;
10.3.4 blocked heat exchangers;
10.3.5 defective pumps;
10.3.6 failed expansion vessels;
10.3.7 poor system design;
10.3.8 sludge, scale or debris;
10.3.9 inadequate gas pipe sizing;
10.3.10 poor electrical supplies;
10.3.11 pre-existing leaks;
10.3.12 unsupported or incorrectly installed pipework.
10.4 Where additional work is required because of hidden defects or unsuitable site conditions, such work shall be chargeable.
10.5 The Company shall not be responsible for the performance of existing systems where the Company has only carried out limited works to part of that system.
11. Materials, Parts and Appliances
11.1 The Company may supply Goods as part of the Works.
11.2 Where possible, Goods shall be new and of satisfactory quality.
11.3 The Company may substitute Goods with equivalent or better alternatives where the original Goods are unavailable, discontinued or delayed, provided the substitute is reasonably suitable for the Works.
11.4 Manufacturer warranties are provided by the manufacturer, not the Company. The Customer must comply with all manufacturer warranty conditions, including servicing, maintenance, registration and usage requirements.
11.5 The Company shall not be liable for manufacturer delays, warranty refusals, discontinued parts, unavailable parts or defects caused by manufacturing faults, save where required by law.
11.6 Where the Customer supplies Goods, the Company gives no warranty as to their suitability, quality, compatibility or performance.
11.7 If Customer-supplied Goods are faulty, incomplete, unsuitable, incorrectly specified or delayed, the Company may charge for wasted time, additional visits and any associated costs.
12. Workmanship Guarantee and Limitations
12.1 The Company may provide a workmanship guarantee for a period of 12 months from completion unless otherwise stated in writing.
12.2 The workmanship guarantee covers defects arising directly from the Company’s workmanship.
12.3 The workmanship guarantee does not cover:
12.3.1 parts, materials or appliances covered by manufacturer warranty;
12.3.2 Customer-supplied materials;
12.3.3 misuse, neglect or accidental damage;
12.3.4 lack of servicing or maintenance;
12.3.5 interference, alteration or repair by others;
12.3.6 pre-existing faults;
12.3.7 system design issues not caused by the Company;
12.3.8 sludge, scale, corrosion, debris or poor water quality;
12.3.9 frozen condensate pipes or external pipework where installed to reasonable standards but affected by weather;
12.3.10 issues caused by inadequate water pressure, gas pressure, electrical supply or drainage;
12.3.11 cosmetic damage reasonably unavoidable during access or removal works;
12.3.12 defects caused by building movement, damp, condensation, frost, vermin or third-party damage.
12.4 The Customer must notify the Company of any alleged defect as soon as reasonably practicable and must allow the Company a reasonable opportunity to inspect and remedy the issue.
12.5 The Customer must not instruct another contractor to carry out remedial works before giving the Company a reasonable opportunity to inspect, unless there is an emergency requiring immediate action to prevent serious damage or danger.
12.6 If the Company attends under a warranty claim and the issue is found not to be caused by the Company’s workmanship, the visit may be chargeable.
13. Manufacturer Warranties and Registration
13.1 Where applicable, the Company may assist with registering appliance warranties, but ultimate responsibility for complying with warranty conditions remains with the Customer unless expressly agreed otherwise.
13.2 Manufacturer warranties may require annual servicing by a competent person. Failure to service appliances may invalidate the warranty.
13.3 The Company shall not be liable where a manufacturer refuses warranty cover due to:
13.3.1 lack of servicing;
13.3.2 poor system water quality;
13.3.3 sludge, scale or debris;
13.3.4 incorrect use;
13.3.5 third-party interference;
13.3.6 failure to comply with manufacturer instructions;
13.3.7 pre-existing installation defects;
13.3.8 exclusions in the manufacturer’s warranty terms.
14. Health, Safety and Compliance
14.1 The Company shall take reasonable steps to carry out the Works safely and in accordance with applicable health and safety obligations.
14.2 The Customer shall cooperate with the Company in relation to health and safety matters.
14.3 The Company may stop work immediately if it considers there to be a risk to health, safety, property or legal compliance.
14.4 The Customer must inform the Company before work starts of any known or suspected hazards, including:
14.4.1 asbestos;
14.4.2 unsafe electrics;
14.4.3 structural defects;
14.4.4 contaminated areas;
14.4.5 vermin;
14.4.6 dangerous occupants or animals;
14.4.7 fragile roofs, loft spaces or floors;
14.4.8 confined spaces;
14.4.9 previous gas safety defects;
14.4.10 hidden services.
14.5 Where asbestos or suspected asbestos is discovered, the Company may suspend Works until appropriate testing, removal or management has been carried out by a competent specialist. Any resulting delay or additional cost shall be the Customer’s responsibility unless caused by the Company’s negligence.
14.6 Where the Works fall within the Construction (Design and Management) Regulations 2015, the parties shall comply with their applicable duties. For domestic customers, certain client duties may pass to the contractor or principal contractor as required by the regulations.
14.7 The Company may issue warning notices, safety notices, gas safety records, commissioning documents or other documentation where required or appropriate.
14.8 The Company shall not reconnect, commission or leave in operation any appliance or installation that it reasonably considers unsafe or non-compliant.
15. Damage, Making Good and Decoration
15.1 The Company shall take reasonable care when carrying out the Works.
15.2 The Customer accepts that plumbing and heating works may require lifting flooring, cutting access holes, removing panels, disturbing boxing, removing silicone, removing tiles, drilling walls, chasing pipework, removing appliances or accessing concealed areas.
15.3 Unless expressly included in the Quotation, the Company is not responsible for:
15.3.1 plastering;
15.3.2 decorating;
15.3.3 tiling;
15.3.4 flooring;
15.3.5 boxing-in;
15.3.6 carpentry;
15.3.7 reinstatement of fitted furniture;
15.3.8 matching existing finishes;
15.3.9 making good beyond basic functional reinstatement.
15.4 The Company shall not be liable for damage that is reasonably unavoidable because of the nature of the Works, existing condition of the property, poor installation by others, hidden defects or fragile materials.
15.5 The Company shall be liable for damage caused by its negligence, subject to the limitations set out in these Terms and Conditions.
16. Waste and Disposal
16.1 Waste removal is included only where expressly stated.
16.2 Where waste removal is included, the Company shall remove waste generated directly by the Works, subject to reasonable limits.
16.3 Hazardous waste, asbestos, contaminated materials, large building waste, customer-owned waste and waste not generated by the Company’s Works are excluded unless expressly agreed.
16.4 The Company may charge additional costs for waste disposal, specialist disposal or unexpected waste.
17. Completion, Testing and Acceptance
17.1 The Works shall be treated as complete when:
17.1.1 the Services described in the Quotation, job sheet or instruction have been substantially completed;
17.1.2 the installation has been tested where reasonably practicable;
17.1.3 the Company has informed the Customer that the Works are complete;
17.1.4 the Company has left Site because no further agreed work can reasonably be carried out.
17.2 Minor snagging, manufacturer registration, certification, documentation or return visits shall not prevent the Works from being substantially complete.
17.3 The Customer must notify the Company of any concerns as soon as reasonably practicable.
17.4 Continued use of the Works without notifying the Company of any issue may be treated as acceptance that the Works have been completed satisfactorily, subject to the Customer’s statutory rights.
18. Complaints Procedure
18.1 The Company aims to resolve complaints fairly and promptly.
18.2 Complaints should be made in writing by email to info@summitplumbingheatingsolutions.co.uk and should include:
18.2.1 the Customer’s name and contact details;
18.2.2 the property address;
18.2.3 invoice or job reference;
18.2.4 details of the complaint;
18.2.5 photographs or supporting evidence where available;
18.2.6 the outcome sought by the Customer.
18.3 The Company shall acknowledge complaints within 5 working days where reasonably practicable.
18.4 The Company shall aim to provide a substantive response within 14 working days. If further investigation is required, the Company shall inform the Customer and provide an estimated response timeframe.
18.5 The Customer must allow the Company a reasonable opportunity to inspect and, where appropriate, remedy any alleged defect.
18.6 The Customer shall not unreasonably refuse access for inspection or remedial works.
18.7 Where a complaint is found to be justified, the Company may, at its discretion and where appropriate:
18.7.1 carry out remedial works;
18.7.2 replace defective Goods where supplied by the Company;
18.7.3 offer a partial refund;
18.7.4 offer another fair and proportionate remedy.
18.8 Where a complaint is not justified, or the issue is found to be unrelated to the Company’s Works, the Company may charge for inspection, attendance and investigation time.
18.9 Nothing in this complaints procedure affects the Customer’s statutory rights.
19. Liability
19.1 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for:
19.1.1 death or personal injury caused by negligence;
19.1.2 fraud or fraudulent misrepresentation;
19.1.3 breach of statutory rights where such liability cannot lawfully be excluded;
19.1.4 any other liability which cannot lawfully be excluded or limited.
19.2 Subject to clause 19.1, the Company shall not be liable for:
19.2.1 pre-existing faults;
19.2.2 hidden defects;
19.2.3 defective materials supplied by the Customer;
19.2.4 manufacturer defects;
19.2.5 damage caused by third parties;
19.2.6 loss caused by the Customer’s failure to follow advice or instructions;
19.2.7 loss caused by inadequate maintenance;
19.2.8 loss caused by sludge, scale, corrosion, debris or poor water quality;
19.2.9 loss arising from poor design or installation by others;
19.2.10 loss arising from the Customer’s failure to provide accurate information;
19.2.11 damage which is reasonably unavoidable during properly performed work;
19.2.12 loss of profit, loss of business, loss of rent, loss of opportunity or indirect loss, in the case of Business Customers.
19.3 For Consumers, the Company is responsible for losses that are a foreseeable result of the Company’s breach of contract or negligence. The Company is not responsible for losses that are not foreseeable.
19.4 For Business Customers, subject to clause 19.1, the Company’s total liability arising out of or in connection with the Contract shall be limited to the total price paid or payable for the Works giving rise to the claim, or £1,000,000, whichever is lower.
19.5 For Consumers, any liability cap shall apply only to the extent permitted by law and shall not affect statutory rights.
19.6 The Customer must take reasonable steps to mitigate any loss, damage or expense.
20. Indemnity for Business Customers
20.1 Business Customers shall indemnify the Company against all reasonable losses, claims, damages, costs and expenses arising from:
20.1.1 inaccurate information supplied by the Business Customer;
20.1.2 lack of authority to instruct the Works;
20.1.3 failure to obtain necessary permissions;
20.1.4 unsafe site conditions not disclosed to the Company;
20.1.5 claims by tenants, occupiers, owners, landlords, managing agents or third parties arising from the Business Customer’s breach of these Terms and Conditions;
20.1.6 failure to pay the Company in accordance with agreed terms.
20.2 This clause shall not apply to the extent that the loss is caused by the Company’s negligence or breach of contract.
21. Subcontractors
21.1 The Company may use subcontractors, specialist contractors or third-party suppliers where reasonably required.
21.2 The Company shall remain responsible for the quality of subcontracted work forming part of the Contract, subject to these Terms and Conditions.
21.3 The Customer shall not directly instruct, interfere with or make separate arrangements with the Company’s subcontractors in relation to the Works without the Company’s written consent.
21.4 Specialist subcontractor terms may apply where notified to the Customer.
22. Delays and Force Majeure
22.1 The Company shall not be liable for delay or failure to perform caused by circumstances beyond its reasonable control.
22.2 Such circumstances may include:
22.2.1 severe weather;
22.2.2 illness or injury;
22.2.3 vehicle breakdown;
22.2.4 traffic delays;
22.2.5 supplier delays;
22.2.6 material shortages;
22.2.7 manufacturer delays;
22.2.8 strikes or industrial action;
22.2.9 fire, flood, storm or escape of water;
22.2.10 war, terrorism, civil unrest or pandemic;
22.2.11 power failure or utility failure;
22.2.12 acts or omissions of third parties;
22.2.13 unsafe site conditions;
22.2.14 regulatory or legal restrictions.
22.3 Where delay occurs, the Company shall use reasonable endeavours to rearrange the Works.
22.4 If delay continues for an unreasonable period, either party may cancel the remaining Works, but the Customer shall remain liable for Works already carried out, Goods supplied and costs reasonably incurred.
23. Data Protection and Privacy
23.1 The Company shall process personal data in accordance with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.
23.2 The Company may collect and use personal data including:
23.2.1 names;
23.2.2 addresses;
23.2.3 telephone numbers;
23.2.4 email addresses;
23.2.5 property details;
23.2.6 job records;
23.2.7 photographs and videos of installations or defects;
23.2.8 payment and invoice information;
23.2.9 communication records.
23.3 Personal data may be used for:
23.3.1 providing quotations;
23.3.2 booking appointments;
23.3.3 carrying out Works;
23.3.4 invoicing and payment collection;
23.3.5 warranty registration;
23.3.6 certification and compliance;
23.3.7 customer service and complaints;
23.3.8 legal, tax and accounting obligations;
23.3.9 marketing where permitted by law or with consent where required.
23.4 The Company may share personal data with:
23.4.1 employees and subcontractors;
23.4.2 suppliers and manufacturers;
23.4.3 Gas Safe Register or other regulatory bodies where required;
23.4.4 accountants, bookkeepers and professional advisers;
23.4.5 payment processors;
23.4.6 debt recovery agents or solicitors;
23.4.7 insurers;
23.4.8 software providers used to manage the business.
23.5 The Company shall retain personal data only for as long as reasonably necessary for business, legal, accounting, warranty and regulatory purposes.
23.6 Customers may request access to, correction of or deletion of their personal data, subject to legal and regulatory retention requirements.
23.7 Full details should be set out in the Company’s separate Privacy Policy.
24. Photographs, Videos and Records
24.1 The Company may take photographs or videos before, during and after the Works for the purposes of:
24.1.1 recording site condition;
24.1.2 documenting defects;
24.1.3 evidencing completed Works;
24.1.4 warranty records;
24.1.5 health and safety;
24.1.6 training;
24.1.7 insurance or dispute resolution.
24.2 The Company shall not intentionally publish personal information, private details or identifying images of occupants without appropriate consent.
24.3 The Company may use anonymised or non-identifying images of Works for marketing, training or portfolio purposes unless the Customer objects in writing.
25. Intellectual Property
25.1 All quotations, reports, designs, drawings, specifications, photographs, documents and written materials produced by the Company remain the Company’s intellectual property unless otherwise agreed in writing.
25.2 The Customer may use such materials for the purpose for which they were provided, but may not copy, reproduce, publish or provide them to another contractor for pricing or competing purposes without the Company’s consent.
26. Third-Party Rights
26.1 No person other than the Company and the Customer shall have any right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999 unless expressly agreed in writing.
26.2 Tenants, occupiers, managing agents, landlords, insurers and other third parties shall not acquire contractual rights unless expressly agreed by the Company.
27. Notices
27.1 Notices under these Terms and Conditions shall be given in writing by email, post or other agreed written method.
27.2 Notices sent by email shall be deemed received on the next working day after sending, unless a delivery failure notification is received.
27.3 Notices sent by post shall be deemed received two working days after posting by first-class post.
28. Variation
28.1 Any variation to these Terms and Conditions must be agreed in writing by the Company.
28.2 The Company may update these Terms and Conditions from time to time.
28.3 The Terms and Conditions applicable to a Contract shall be those in force at the time the Contract is formed, unless otherwise agreed.
29. Severance
29.1 If any clause or part of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that clause or part shall be deemed deleted.
29.2 The remaining clauses shall continue in full force and effect.
30. Entire Agreement
30.1 These Terms and Conditions, together with the relevant Quotation, invoice, job sheet, written instruction or booking confirmation, form the entire agreement between the Company and the Customer.
30.2 The Customer acknowledges that it has not relied on any statement, promise or representation not set out in writing, except where such exclusion would be unlawful.
30.3 In the event of conflict between these Terms and Conditions and a written Quotation, the written Quotation shall take precedence in relation to the specific Works.
31. Governing Law and Jurisdiction
31.1 These Terms and Conditions and any Contract between the Company and the Customer shall be governed by the laws of England and Wales.
31.2 The courts of England and Wales shall have exclusive jurisdiction, except that Consumers may have the right to bring proceedings in another UK jurisdiction where required by consumer law.
32. Acceptance
32.1 By accepting a Quotation, booking an appointment, paying a deposit, instructing the Company to proceed or allowing the Company to carry out Works, the Customer agrees to be bound by these Terms and Conditions.
32.2 The Customer confirms that they have had reasonable opportunity to read these Terms and Conditions before entering into the Contract.