TERMS & CONDITIONS

1 PARTIES AND DEFINITIONS 

In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” or “you” means the customer for whom the Works are to be carried out by Jennings Plumbing and Heating Ltd (registered office 22 Wycombe End, Beaconsfield, Buckinghamshire, United Kingdom, HP9 1NB with company number 12498915), and “JPH” means Jennings Plumbing and Heating Ltd or, wherever the case may be, a sub-contractor or representative of JPH carrying out business pursuant to a Subcontract Agreement entered into with the company. 

These terms will apply to all plumbing, heating and any other services provided by JPH to the Customer. These terms along with any quotation, estimate, scope of work or other document setting out the Works to be provided will together form the agreement between you and us (the “Contract”). 

“Works” means the works described in JPH’s estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties. 

For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand-held device and any signature on a hand-held screen shall be treated as in writing. 

To the extent any terms in a quotation or estimate are contrary to any express provisions in these terms, the relevant provisions in the quotation or estimate will prevail over these terms. 

Please visit www.jenningsph.com for our contact details.

2 ACCEPTANCE OF WORKS 

JPH reserves the right to refuse or decline any work at its own discretion. This Contract shall come into force on the day you confirmed acceptance of our quotation, estimate, scope of work or other document setting out the Works (as applicable). Provision of the services shall start on the date agreed between us (provided that we are able to start work on the relevant date) and shall, subject to prior termination provided for under this Contract, continue until the date on which all the services have been carried out. 

3 ESTIMATES AND FIXED PRICE WORK 

3.1 Any estimate supplied by JPH is subject to withdrawal at any time before receipt of an unqualified acceptance from the Customer and shall be deemed withdrawn unless it has been accepted within 1 month from the date the estimated is communicated to the Customer. 3.2 Where JPH provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a fixed price quotation unless otherwise specified by JPH in the estimate and also except as follows: 3.2.1 If after the submission of the estimate by JPH, the Customer instructs JPH (whether in writing or orally) to provide additional Works or services not referenced or detailed within the estimate. 

3.2.2 If following the submission of the estimate by JPH, there is an increase in the cost of materials to be supplied, or if the rate of VAT changes between the date of the estimate and the date JPH supplies the service. You have the option of agreeing to this or cancelling at no cost. 

3.2.3 If following the submission of the estimate by JPH, it is discovered further Works and services need to be carried out which had not been anticipated. 

3.2.4 If there was a manifest error in the accuracy of the estimate. 

3.3 Where JPH have provided an estimate which is calculated based on JPH’s hourly rates the Works will be charged in accordance with JPH’s current hourly rates from time to time. You will be charged for the time spent relating to the Works in whole hours rounded up to the next whole hour (plus the cost of any materials). This includes time spent where the engineer has to leave site in order to source parts, following diagnosis on site. 

3.4 JPH will not be under any obligation to provide an estimate to the Customer. JPH will only be bound to estimates provided in writing to the Customer. JPH will not be bound to any estimates provided orally. 

3.5 The Customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the Customer. 

3.6 Any materials, parts or other goods which you require will be charged to you at prevailing rates set by JHP from time to time (which may be subject to VAT and may exceed trade prices).

4 PRICE AND PAYMENT 

4.1 Any prices or rates advised are subject to VAT at the prevailing rate. 

4.2 All invoices are due for payment immediately upon completion of satisfactory Works /delivery to the Customer although for certain services JPH reserves the right to require a portion of our charges to be paid up-front. For any Works which will take a period of time to complete JPH reserves the right to raise an interim/progress invoice in respect of Works carried out and materials provided up to the date of the interim/progress invoice. 

4.3 All appointments made for Works to be carried out (including fixed price Works and estimates) with JPH are done so with payment due immediately upon completion /delivery of invoice. 

4.4 Where any services or Works provided by JPH is subject to snagging, the Customer agrees to make payment of 95% of the total invoice amount immediately following completion of Works. The Customer must then provide JPH access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by JPH, or within 14 days of the invoice date should access not be made available – whichever is sooner. 

4.5 Where the Customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any Works commencing. 

4.6 JPH will be under no obligation to provide or issue any guarantees, certificates, or other similar documents to the Customer for Works, unless payment has been made and received in full. 

4.7 Title in all parts and other goods supplied by JPH shall not pass to the Customer until payment for the Works has been made in full. 

4.8 For any Works over £500 JPH reserves the right to require a 50% deposit to be paid prior to any Works commencing. 

5 THE WORKS 

5.1 We may provide some of the services through third parties and subcontractors. Whether or not we sub-contract out any of the services to third parties is at JPH’s absolute discretion and you shall not have the right to object to any third party providing the services. 

5.2 JPH may provide sketches, previous examples of our work, plans, diagrams, or similar documents in advance of the services. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the services or Works, nor to guarantee specific results. If JPH have asked you for measurements relating to the Works, you are responsible for making sure those measurements are correct. 

5.3 JPH will advise the Customer of the date and time for Works to be carried out. JPH will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, JPH 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 and time is not of the essence for delivery of any services or Works. 

5.4 After accepting these terms and conditions, you accept that our engineers have permission to take before and after photos/videos of the works, for our social media pages and website. Your personal details will not be disclosed. 

5.5 All our labour is covered by a 12 month guarantee but only in respect or negligent work carried out by us. Please note we cannot offer a guarantee where you instruct us to work on a component or facility which is over 10 years old or of inferior quality, or where we have carried out work using materials supplied by you. This guarantee does not extend to works or components which have been adversely affected by your own negligence or misuse, or to components or facilities which have been worked on by other suppliers, nor will this guarantee apply where you have instructed us to carry out works against our recommendations or advise. 

5.6 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.

6 INDEMNITY

The Customer shall indemnify JPH against any and all actions, claims, demands, suits, losses, costs, expenses and charges which JPH may suffer or incur in connection with a claim by a third party, resulting from a breach of the Customer’s obligations, undertakings and representations and warranties in connection with this Contract.

7 LIMITATION OF LIABILITY

7.1 JPH’s liability shall be limited to: 

• the repair or making good of any defect subject always to clause 5.4 above 

• liability for death or personal injury resulting from negligence in the course of carrying out JPH’s duties 

• the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from JPH’s negligence or that of its employees and the Customer incurs such costs. 

• JPH will not be responsible for damage suffered to a part of the Customer’s property (whether or not JPH is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property. 

7.2 JPH will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but 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 is/has to be routed and other damages as a result.

7.3 If damage to plaster and brickwork is caused it will be the Customer’s responsibility to make good unless specified otherwise in the quote. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc.

7.4 It is the responsibility of the Customer to protect personal property and items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the Customer remove all such items. If items remain within the working area, it is the responsibility of the Customer to cover such items.

7.5 JPH will not be liable or responsible for any damage or defect arising from work where recommended work has not been carried out.

7.6 Subject to clause 7.1, JPH will not be liable to the Customer in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: a) loss of profits; b) loss of business; c) depletion of goodwill; d) loss or corruption of data or information; e) loss of anticipated savings; f) loss of bargain; g) pure economic loss; or h) special, indirect or consequential loss whatsoever.