The Customer’s attention is particularly drawn to clause 15 the provisions of (Limitation of liability).
1.1. Tailored Plumbing & Heating (UK) Ltd (Company Number 08280211) (we and us) is a company registered in England and Wales and our registered office is at Office 123a, 299-307 Kirkdale London, England, SE26 4QD (Company, we, us, our).
1.2. We operate a website www.tailoredplumbing.co.uk
1.3. If you have any questions about these Terms of Business, please contact us by calling us on +44 (0) 208 676 7878 or email us to firstname.lastname@example.org
2.1. These Terms of Business govern our supply of Services to you. Please read these Terms of Business carefully before you book our Services. These Terms of Business contain important information about your legal rights, remedies and obligations. They will tell you who we are, the terms under which we will provide the Services to you, how we may change these terms or end the contract with you, what to do if there is a problem and other important information.
2.2. By purchasing the Services from us, you agree to be bound by these Terms of Business and any documents expressly referred to in it. If you do not agree to these Terms of Business, you should not place an order with us.
2.3. We recommend that you retain a copy of these Terms of Business for future reference. If you would like to receive a printed copy of these Terms of Business, please email us to email@example.com
2.4. We especially bring your attention to clause 15 which refer to the limitation of our liability.
2.5. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Terms of Business unless expressly otherwise agreed between the parties in writing. These Terms of Busines apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.6. These Terms of Business will be made only in the English language.
2.7. We provide Services to Business Clients and Consumers. You are a Business Client if you purchase our Services for commercial, business or property re-sale or rental purposes whether you are a registered business or are an individual. You are a Consumer if you purchase the Services for domestic and private purposes only.
2.8. Different rights apply to Business Clients and Consumers. If you purchase our Services and you are a Business Client, you understand that Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 and Consumer Rights Act 2015 do not apply to the Services that we provide.
2.9. You must be at least 18 years old and be able to enter into legally binding contracts to purchase the Services from us. By placing an order with us you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.10. If you act on behalf of a company, you also represent that you have the authority to legally bind that entity and agree to indemnify us for any loss suffered if you do not.
2.12. Any reference made to Central heating system – means the central heating system at the Premises including: (i) the Boiler; (ii) the Controls (including electrical temperature controls); (iii) all pipes, radiators, valves, hot water cylinders and the central heating header tank. Controls – means the programmer/time clock, room thermostat (if fitted), cylinder thermostat (if fitted) and zone valves (but excluding the fused spur switch and any thermostatic radiator valves).
3.1. Once we have determined that we are able to assist you and have taken instructions on what you would like to achieve, we will issue you with a quotation (Quotation). The quote will include the fees applicable, or where this is not possible due to the nature of the job, an estimate for our fees (Estimate), estimate for parts and materials, the description of services (Service Specification), payment terms and other important information.
3.2. The Quotation given by us shall constitute an offer and will be valid for a period of 28 days from its date of issue unless expressly otherwise stated within the Quotation. In accordance with the usual contractual principles, the Quotation may be withdrawn at any time before acceptance.
3.3. Our offer shall be deemed to be accepted when you confirm that you would like us to provide you with Services and make the payment as set out in the Quotation at which point (the latter of) and on which date the Contract shall come into existence between you and us (Contract).
3.4. Any Quotation provided will relate to the site where the Services are to be provided (Premises) and is not valid for other premises.
3.5. Any samples, drawings, descriptions, or advertising, images, illustrations or descriptions of the Services contained on our Website, in marketing materials (both offline and online), brochures and catalogues, price lists or other promotional material are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract nor have any contractual force.
3.6. We retain the right to refuse to provide Services at our sole discretion.
4.1. We shall supply the Services to you in accordance with the Service Specification in all material respects.
4.2. We shall use all reasonable endeavours to meet any performance dates for the Services specified in Service Specification, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
4.3. We reserve the right to amend the Service Specification if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in any such event.
4.4. We warrant to you that the Services will be provided using reasonable care and skill.
5.1. Where possible we will provide you with a fixed fee for our Services. For example, our call out fee will normally be a fixed fee. Where we are unable to provide you with a fixed fee, we will provide you with an estimate. Such estimate will be based on the information that you have provided us with or based on the initial assessment upon the visual inspection of the issue. Our Quotation shall include the fixed or estimated fee payable for our Services and for the estimated sundry parts and other materials required to render the Services.
5.2. Unless we have expressly stated that we will charge you a fixed fee, it is important that you understand that final fee that will be payable to us under the Contract may be different from the initial Quotation. This is because whilst our Quotation is given in good faith, due to the nature of our Services further work may need to be carried out and material or parts may need to be purchased to complete our Services. You will not incur any additional fees without us confirming first what those fees are expected to be.
5.3. Our estimate may change if after submission of the estimate:
5.3.1. You instruct us (in writing or verbally) to carry out additional work not referred to in the estimate or which falls outside the scope of Service Specification;
5.3.2. There is an increase in the price of parts or materials;
5.3.3. It is discovered that further work needs to be carried out because for example, matters come to light, which could not have been reasonably foreseen during our initial assessment or at the time when we have provided an estimate;
5.3.4. The Service is delayed, disrupted or prolonged as a result of your failure to comply with Customer Obligations as set out in paragraph 9;
5.3.5. Where during the power–flush it is established that there are more radiators than initially quoted for or where the boiler manufacturer is different than the one stated at the time of the quote;
5.3.6. It is discovered that there was a manifest error when the estimate was prepared.
5.4. Where our estimate changes, we will inform you of anticipated extra costs and will only carry out additional works once we have your express authorisation. If the costs increase significantly, you will have the right to cancel the contract. You will however be charged for any work already carried out, and parts or materials used up until the time you cancel, including our call out fee.
5.5. Where our Services include planned works, such as boiler installations, bathroom renovations etc, we may need to inspect your Premises before we are able to provide you with the Quotation. Unless otherwise agreed prior to our visit, you will not need to pay us where we inspect your Premises to provide you with a Quotation.
5.6. In the circumstances where we need to inspect the Premises to provide you with repair or maintenance Services, including servicing and gas safety certification, or we need to attend your Premises to assess the issue, provide repair or maintenance Services we will normally charge you a non-refundable call out fee. Different call out rates will apply between our standard hours, which are 8am to 6pm and our enhanced hours which are between 6pm and 8pm. The call out rates applicable will be confirmed at the time of your booking.
5.7. Any additional work carried out will be charged on the basis of our hourly rates as in force from time to time. Our charges will be calculated on the basis of 15-minute units using hourly rates and will be charged for the time spent providing the Services.
5.8. For the avoidance of doubt, unless agreed otherwise, our Service fees do not include parts and material and are chargeable in addition to our Service fees.
5.9. Services include our collection of materials, parts and equipment from any supplier, except for works where the Quotation has been provided beforehand. If the collection of said materials takes part whilst we are on the Premises, the time taken for this will be treated as part of the works and charged at the applicable rate. If any materials are ordered for subsequent collection and delivery, a charge may be made by the company of £55 + VAT.
5.10. We reserve the right to change our fees at any time.
6.1. The precise payment terms will be set out in the Quotation.
6.2. Unless expressly otherwise agreed, we must receive payment before we carry out the Services. Where such payment is not made before we commence the Services (for example where our Quotation changed upon physical inspection of the issue), the payment will become due immediately upon completion of the Services.
6.3. If you pay a deposit for the Services, the terms of payment will be set out in the Quotation. Unless expressly otherwise provided in the Quotation, the deposit is non-refundable.
6.4. Payments can be made:
6.4.1. By debit/credit card. We accept all major cards;
6.4.2. By BACS. Please note we are not responsible if you make payments to the wrong account and we encourage you to verify our bank details by calling us once you have received an invoice from us. We will never change our bank details over the email and therefore if you receive an email from us notifying you of the change of banking details from us, please contact us over the telephone to verify the change. It is important that you do not email us to verify such change;
6.4.3. By cheque. It should be made payable to Tailored Plumbing & Heating (UK) Ltd. You will need to allow 10 days for the funds to clear into our account before we are able to provide the Services to you. Any lead times agreed will commence from the date the cheque has cleared;
6.4.4. By banker’s draft. It should be made payable to Tailored Plumbing & Heating (UK) Ltd. We will request our bank to authenticate it before we provide our Services to you.
6.5. Where payment is made by someone other than you, we retain the right to require documents to confirm their identity and their relationship with you. We may decline such payments at our sole discretion.
6.6. Where additional work has been carried out in accordance with clause 5.7 or where you have paid a Deposit in accordance with Clause 6.3, the payment will be due immediately upon the completion of the Services unless expressly otherwise agreed in writing.
6.7. You shall pay each invoice submitted by us in accordance with these Terms of Business. Time for payment shall be of the essence of the Contract.
6.8. All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
6.9. If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under 14.1 (Termination), you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.9 will accrue each day at 8% a year 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%.
6.10. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.1. We are an Introducer Appointed Representative of TradeHelp (Our firm reference number is 930305) as such we are able to introduce you to TradeHelp who are a credit broker, and which may be able to arrange finance for your boiler installation from a panel of selected lenders. As we are not FCA registered, it is important that you understand we do not offer finance options and we are unable to advise you on the suitability of any funding and can only make an introduction.
7.2. TradeHelp is a trading style of Tradehelp Ltd, Marchwiel Centre, Bryn Lane, Wrexham Ind Est, LL13 9UT, registered in England (03712438), authorised and regulated by the Financial Conduct Authority (firm reference number 697812). TradeHelp are a credit broker and are not a lender. TradeHelp do not offer financial advice and do not charge you for credit broking services. All loans are subject to status.
7.3. If you would like for us to share your details with TradeHelp we will do so in accordance with our Privacy Notice.
7.4. Please note finance may not be used to fund any services which are not directly connected with the installation of products, e.g., the cost of annual servicing of any products, or other ongoing product maintenance.
8.1. Before we carry out the power-flush we will:
8.1.1. Inspect your central heating system;
8.1.2. Advise you of any deficiencies with your central heating system that may cause issues with your central heating system restarting after the power-flush has been undertaken but please see clause 8.4;
8.1.3. Provide you with a quotation, to address the necessary issues before your central heating system becomes suitable for power-flushing, if any.
8.2. In carrying out a power-flush of your central heating system we shall:
8.2.1. Add chemicals to your central heating system;
8.2.2. Remove your central heating pump and check its condition. We will tell you if it needs replacing and provide you a quote if such change is required;
8.2.3. Use a Kamco power-flush machine to flush through each radiator and section of your central heating system including the boiler;
8.2.4. Add an inhibitor to your central heating system once the work has been completed, which will help prevent future corrosion inside the central heating system.
8.2.5. Carry out the balancing of the system. Please note that any removal of airlocks may be subject to additional charge.
8.3. When carrying out the power-flush, we will
8.3.1. Take reasonable care to avoid disruption at your premises;
8.3.2. Remove all waste material;
8.3.3. Clear up after ourselves.
8.4. Whilst we will use all reasonable endeavours to discover any deficiencies with your central heating system before carrying out the power-flush, we are not responsible for any damage caused by the power-flush as a result of any faulty components and equipment, poorly made joints or pin-holed radiators caused by internal or external corrosion that could not have been reasonably identified before we commenced power-flush.
8.5. Our Quotation for the Power flush will include an Estimate on the assumption that your central heating system is fully operational and no parts or maintenance other than the power-flush will be required.
8.6. Where the Quotation is provided for a set number of radiators, any additional radiator will incur a fee of £80 plus VAT per radiator. Where the Quotation is provided for certain make and model of a boiler, we retain the right to charge an additional fee of £80 plus VAT.
9.1. You confirm to us that you:
9.1.1. Will co-operate with us in respect of the Premises and attend the Premises at a mutually agreed date and time so that we can provide the Services;
9.1.2. Will provide us, our employees, agents, consultants and subcontractors, with access to the Premises as reasonably required by us to provide the Services;
9.1.3. Will provide us with such information as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
9.1.4. Will pay all our fees in a timely and agreed manner;
9.1.5. Will, where necessary, prepare the Premises for the supply of the Services and ensure that it is safe for us to enter the Premises;
9.1.6. Will ensure that the Premises are suitable for us to carry out the Services;
9.1.7. Will ensure that all the necessary facilities, services and supplies are already installed and functioning at the Premises and that our personnel is provided with any other reasonable facilities that it may reasonably request;
9.1.8. Will comply with our reasonable instructions, where such instructions are given to ensure that we can provide you with Services safely;
9.1.9. Will obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start except for those that we are instructed to obtain for you;
9.1.10. Will obtain and provide our employees, agents, consultants and subcontractors with sufficient, free and safe access to the Premises;
9.1.11. Will ensure that any rooms or space that we need to enter in order to carry out the Services are free of any furniture, fittings or any other obstructions;
9.1.12. Will ensure that you have obtained and paid for all the necessary licenses, permissions and consents required for the Premises including, but not limited to, those required under planning legislation, building acts, conservation rules, regulations and other statutory provisions and those from property legal owners, landlords, planning authorities, local authorities or similar;
9.1.13. Will make any special arrangements for access over any other land leading to the Premises are and obtain any consents, permissions and approvals needed to access the Premises at your expense;
9.1.14. Will correctly advise us of any parking restrictions and where there are parking restrictions, provide us with necessary permits to park our vehicle for the duration of the Services at your cost and/or you will compensate us for any associated costs incurred;
9.1.15. Will comply with all applicable laws, including health and safety laws;
9.1.16. Keep all materials, equipment, documents and other property of ours (Our Property) at your Premises in a safe custody at its own risk and not dispose of or use Our Property other than in accordance with our written instructions or authorisation;
9.1.17. Provide us with at least 24 hours’ advance notice if you are unable to attend the Premises at an agreed date and time for us to carry out the Services;
9.1.18. Comply with any additional obligations as set out in the Service Specification.
9.2. You confirm to us that you have all the legal rights in the Premises and where such property right is owned together with another person or owned by a company, you confirm that you have obtained all such legal rights and permissions before instructing us to provide the Services.
9.3. Where our Services include power-flushing or installation Services we will be entitled (but not obliged) to conduct one or more surveys and risk assessments of the Premises before providing the Services.
9.4. If we are unable to provide you with Services because we are unable to gain access to the Premises or because we consider that the conditions at the Premises are not suitable for us to carry out the Services, or if you fail to comply with your obligations under this clause 9, we will be entitled to charge you our call out fee (standard or enhanced, as applicable) and any associated costs, for example car parking fees and penalties.
9.5. If our performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or your failure to perform any relevant obligation (Customer Default), without limiting or affecting any other right or remedy available to us, we shall:
9.5.1. Have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays our performance of any of our obligations. Where we must suspend our Services pursuant to this clause, we shall be entitled to charge you a call out fee and any additional call out fee for any future attendances;
9.5.2. Not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of our obligations as set out in this clause 9.5;
9.5.3. You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
9.6. You agree to indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of your obligations, undertakings and representations and warranties in connection with this Contract.
10.1. The Company is not responsible for the removal of any waste materials unless expressly otherwise agreed at the time we have provided you with the Quotation. You are responsible for the removal of any/all waste materials resulting from the works carried out by us.
10.2. If we agree to remove any waste or material from your Premises:
10.2.1. We may charge you a reasonable fee, which will be confirmed to you in advance;
10.2.2. We will not be responsible if you have disposed of anything valuable or anything that you did not intend to dispose of.
11.1. We do not provide any warranty on the products and materials used for installation and any products or materials used will be subject to manufacturer’s warranty only. It is your responsibility to ensure that you familiarise yourself with the manufacturer’s warranty terms before you use the products. For example, in respect of boiler installations, manufacturer warranty will be null and void if you do not ensure that their boiler is serviced every year by a gas safe registered engineer.
11.2. Some of our Services are subject to 6-month warranty. Where our Services are subject to the warranty, we will incur no liability under such warranty in respect of:
11.2.1. Any damage due to fair wear and tear, improper use, neglect, wilful damage, accident or other failure on your part or the part of a third party to operate and properly maintain the installation;
11.2.2. Any defect which arose as a result of your failure to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance or if there are none good trade practice regarding the same;
11.2.3. Any defect that arose as a result of normally insured risks, such as subsidence, structural repairs, fire, theft, accident, explosion, flood or storm;
11.2.4. Remedial work arising from structural, or renovation work carried out in the Premises by you or a third party, e.g., example the removal of radiators or addition of new equipment or system extensions;
11.2.5. Any defect that arose as a result of any fractures found in frozen pipes, blockages occurring within frozen pipes and any work in respect of blockages in waste and drainage systems;
11.2.6. Any defect of which you have failed to notify us of immediately after the defect arose;
11.2.7. Where the fault is within the existing central heating and or hot water system including all pipe work, mechanical electrical controls and any temperature related valves/pumps of any type;
11.2.8. Any repairs, modifications, alterations to the installation carried out by you or any third party without our prior written approval;
11.2.9. Any work which has been undertaken on your instructions which were against our recommendations;
11.2.10. Any Services for which we have not received payment of our fees and charges in full.
11.3. Where we have to inspect the issue in order to provide repair in accordance with our warranty, and it is found, upon the inspection that one or more of the factors as set out in clause 11.2 arose, we will be entitled to charge you for our time spent attending and repairing the issue as well as the cost of any materials or parts used.
This clause applies to Customers who are Consumers only.
12.1. If you are a Consumer, in accordance with the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 we must provide you with certain information so that a valid and legally binding agreement can be established between you and us. This required information is set out in these Terms of Business.
12.2. As a consumer, you have legal rights in relation to the provisions of Services. You may also have different rights to cancel if our contract is concluded at a distance or off premises than if your contract is concluded on the premises. Nothing in these Terms will affect these legal rights. Your rights when you end the contract will depend on what Services we have already provided, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
12.3. In accordance with the Consumer Contract Regulations 2013, if you are a consumer and you purchase our Services, you are entitled to certain cancellation rights when our contract is concluded off our premises or at a distance (to be construed in accordance with the Consumer Contract Regulations 2013).
12.4. If the contract is concluded off our premises or at a distance, you have the right to change your mind for 14 days from the date, we enter into a Contract with you (Cooling Off Period). Your right to change your mind does not apply if the contract is not concluded off premises or at a distance or is excluded under the Consumer Contract Regulations 2013 (for example where you have specifically requested our attendance for the purpose of carrying out urgent repair or maintenance services). In practice, Cooling Off Period will apply to most planned works such as boiler installations. If you require any clarification on your cancellation rights, please contact us.
12.5. Where you have the right to cancel the contract during the Cooling Off Period, we do not normally start planned works until the end of your Cooling Off Period. If you expressly request us to provide Services during the Cooling Off Period you will still have the right to cancel the contract with us if you exercise this right during the Cooling Off Period, but you will need to pay us for the Services already performed within that period.
12.6. To exercise the right to cancel pursuant to clause 12.3 you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the Services you wish to cancel and, where available, your phone number and email address so that we can identify you. You can cancel as follows:
12.6.1. By filling in the model cancellation form, which you will find attached to these Terms of Business;
12.6.2. By calling our customer services on +44 (0) 208 676 7878;
12.6.3. By emailing to us at firstname.lastname@example.org;
12.6.4. By writing to us to Office 123a, 299-307 Kirkdale, Sydenham, London, England, SE26 4QD;
12.7. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
12.8. You can also cancel your contract outside of the Cooling Off Period but only in the circumstances where we are at fault in accordance with Consumer Rights Act 2015.
12.9. If you believe that we have failed to perform our Services as described in accordance with Consumer Rights Act 2015 you may request us to re perform the Services.
12.10. If you wish to make a change to the Services you have requested, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
13.1. This clause 13 only applies if you are a business or an individual requesting Services for business purposes such as resell of the property or rental of the property.
13.2. These Conditions and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Business or any document expressly referred to in them.
13.3. You agree and understand that Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 and any rights inferred from these will not apply to you.
13.4. If you are a Business Client and we provide you with Services, you are entitled to certain cancellation rights in accordance with statute. You will normally not be able to cancel our contract unless we have failed to perform our services with reasonable care and skill and have failed to rectify this within reasonable period of time.
14.1. Without affecting any other right or remedy available to us, we may terminate the Contract with immediate effect by giving written notice to you if:
14.1.1. You commit a material breach of any term of the Contract and (if such a breach is remediable) your fail to remedy that breach within 7 days of you being notified in writing to do so;
14.1.2. If you are a Business Customer, you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business;
14.1.3. Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.1.4. If you fail to pay any amount due under the Contract on the due date for payment.
14.1.5. You fail to comply with your obligations set out in Clause 9.
14.2. Where we do not carry out an inspection of your Premises or your central heating system before we provide you with the Quotation or agreeing to provide you with Services, we will be relying on the information provided by you. Should this information be inaccurate or if following an inspection of your Premises or central heating system we deem that we are unable to offer our Service, we will be entitled to cancel the contract without any notice to you.
14.3. On termination of the Contract however arising:
14.3.1. You shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
14.3.2. You shall immediately reimburse us for any and all expenses incurred (including labour, travel expenses, materials and equipment hire)
14.4. Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
14.5. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
15.1. The restrictions on liability in this clause 15 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
15.2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
15.2.1. Death or personal injury caused by negligence;
15.2.2. Fraud or fraudulent misrepresentation;
15.3. The following types of loss are wholly excluded:
15.3.1. Loss of profits;
15.3.2. Loss of sales or business;
15.3.3. Loss of agreements or contracts;
15.3.4. Loss of anticipated savings;
15.3.5. Loss of use or corruption of software, data or information;
15.3.6. Loss of or damage to goodwill;
15.3.7. Indirect or consequential loss
15.3.8. Losses caused by an event or circumstances beyond our reasonable control
15.4. We are not liable for any damage caused by failures of your central heating system, that result from:
15.4.1. Customer’s Default including but not limited to your failure to comply with clause 9;
15.4.2. Any of the events as described in clause 11.2;
15.4.3. Your decision not to carry out remedial work that we have recommended;
15.4.4. Any work that has been carried out by a third party;
15.4.5. Normally insured risks, such as subsidence, structural repairs, fire, theft, accident, explosion, flood or storm;
15.4.6. Remedial work arising from structural, or renovation work carried out in the Premises by you or a third party, e.g., example the removal of radiators or addition of new equipment or system extensions;
15.4.7. Your failure to follow our reasonable instructions.
15.5. The following types of loss and specific loss are not excluded:
15.5.1. Sums paid by you to us pursuant to the Contract, in respect of the Services not provided in accordance with the Contract;
15.5.2. Losses incurred by you arising out of or in connection with any third-party claim against you which has been caused by our act or omission. For these purposes, third party claims shall include demands, fines, penalties, actions, investigations or proceedings;
15.5.3. Losses incurred by you arising out of our failure to provide Services with reasonable care and skill.
15.6. If clause 15.5 applies our liability for loss or damage in respect of any individual occurrence or a series thereof arising out of any one event shall be limited to the net contribution calculated in accordance with clause 15.7, whichever is the smaller sum.
15.7. The net contribution referred to in clause 15.6 shall be calculated on the basis of what is deemed just and equitable for us to pay taking into account our responsibility for the loss or damage in question and comparing that responsibility with that of all other third parties providing services for the Project for the same loss or damage. The net contribution shall be assessed on the following assumptions:
15.7.1. That such third parties have provided you with contractual undertakings which are no less onerous than those under this Contract with respect to liability for such loss or damage;
15.7.2. That there are no exclusions or limitations of liability nor joint insurance or co-insurance provisions between you and any such third party; and
15.7.3. That such third parties are deemed to have paid to the Client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage in question.
16.1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
16.1.1. Delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
16.1.2. Sent by email to the designated email address.
16.2. Any notice shall be deemed to have been received:
16.2.1. If delivered by hand, on signature of a delivery receipt;
16.2.2. If sent by pre-paid first-class post or other next working day delivery service, at the time recorded by the delivery service;
16.2.3. If sent by email or fax at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 16.2.2, business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
16.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17.1. All copyright, trademarks, design rights, patents and other intellectual property rights contained on the Website and all content available on the Website shall remain the property of Tailored Plumbing and Heating (UK) Ltd or its licensors. All such rights are reserved.
17.2. Except as set out in these terms or as expressly permitted under copyright law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit make available to the public or otherwise use any part of the Website (including any content on the Website) without our express written permission. If such permission is granted:
17.2.1. You must identify the source of the content;
17.2.2. You must acknowledge the copyright status;
17.2.3. You must not modify any materials you have printed off or downloaded in any way;
17.2.4. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
17.2.5. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged;
17.2.6. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors;
17.2.7. If you print off, copy or download any part of the Website in breach of these Terms of Business, our right to the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
18.1. We aim to provide you with the highest level of customer service. If you have concerns about the service provided, we ask that you raise any of your concerns in writing to the Head Office, Tailored Plumbing and Heating (UK) Ltd, Office 123a, 299-307 Kirkdale, Sydenham, London, SE26 4QD at your earliest opportunity. We will aim to resolve your concern within 14 days.
18.2. We are a Which? Trusted trader. If we are unable to resolve your concern to your satisfaction, you may raise your concern with the Dispute Resolution Ombudsman. You may contact them by calling them on 0333 241 3209 or by filling in a form on their website which can be found here: http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/.
19.1. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 19 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.
19.2. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
19.3. Transfer. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
19.4. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
19.5. Force majeure. We will not be liable for delay in performing or failure to perform, any of our obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (Force Majeure Event). In such circumstances we shall be entitled to a reasonable extension of the time for performing our obligations under this Contract. If the period of delay or non-performance continues for 14 days, the party not affected may terminate the Contract.
19.6. Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract. Nothing in this clause shall limit or exclude any liability for fraud.
19.7. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
19.8. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
19.9. Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19.10. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Tailored Plumbing & Heating UK LTD®, registered address 7 Bell Yard, London, WC2A 2JR. Company number: 08280211, VAT number: 331006560 is an Introducer Appointed Representative of TradeHelp. Our firm reference number is 930305. TradeHelp is a Tailored Plumbing & Heating UK Ltd® Office 105, 1st Floor, 3 Stanton Way, London, SE26 5FU, registered in England (03712438), authorised and regulated by the Financial Conduct Authority (firm reference number 697812). TradeHelp are a credit broker, not a lender, and offer loans from a small panel of carefully selected lenders. TradeHelp do not offer financial advice and do not charge you for credit broking services. All loans are subject to status.