WLV Terms & Conditions

These Terms and Conditions are the standard terms which apply to all Services provided by us, WLV Plumbing & Heating Ltd, a company registered in England and Wales under company number 13338264, whose registered office address is 88-89 High Street, Wordsley, Stourbridge, England, DY8 5SB (“the Company/we/us/our”).

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Client/you/your” means you, the Consumer or business accepting our Quotation or placing an order with us. Where an individual is entering into the Contract on behalf of a business, the individual confirms they have the authority to do so and to contractually bind that business and the business will be our Client in the context of the

Contract;

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract formed when you accept our Quotation or place an order with us;

“Materials” means the materials required for the provision of the Services, which we will supply, where applicable, if specified in the

Quotation;

“Property” means the property at which the works detailed in the Quotation are to be carried out;

“Quotation” means our verbal or written quotation to provide the Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works; and

“Services” means the plumbing, heating and/or any other services we may provide, as specified in the Quotation.

1.2 Each reference in these Terms and Conditions to:

      1.2.1 “writing” and “written” includes emails and text messages;

      1.2.2 a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

      1.2.3 “Terms and Conditions” refers to these Terms and Conditions as may be amended or supplemented at the relevant time;

      1.2.4 a clause refers to a clause of these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation. Words signifying the singular number will include the plural and vice versa. References to persons includes corporations.

2. Quotations

2.1 We will provide you with a Quotation before carrying out any Services. Unless otherwise agreed by us, our Quotation will be in writing, and you will need to accept it in writing. When you accept our Quotation, or place an order with us, a legally binding Contract will be formed, which will include the acceptance of these Terms and Conditions.

2.2 No terms or conditions referred to by you in any way will vary or add to these Terms and Conditions unless we agree otherwise in writing.

2.3 Our Quotation is based on the information, drawings, design and specification provided to us at the time we prepare it. If we have been asked to quote from drawings, we will rely on those drawings in order to provide the Quotation. If the drawings change, or if any errors or discrepancies become evident, we reserve the right to adjust our price.

2.4 Our Quotation is based on our Services being carried out during normal working hours (Monday to Friday, 8am – 5pm excluding public holidays). Works required outside of these hours will incur additional costs.

3. The Services

3.1 We will ensure that our Services are rendered with reasonable care and skill, in accordance with our accepted Quotation.

3.2 Any project dates we agree are estimates only. We will endeavour to meet agreed programme dates but this may be dependent on factors outside of our control, such as supplier delays.

3.3 We may provide you with sketches, samples, plans or similar documents. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification.

3.4 We may request the removal of certain furniture, fixtures and fittings in the Property before we start work. Unless specifically agreed otherwise, this will be your responsibility. If you fail to do so, we cannot be held responsible for any damage incurred.

3.5 We will ensure that no parts of the Property suffer damage as a result of our Services. Any damage that may occur will be made good at no additional expense to you before the Services are completed.

3.6 Where access is required under the floor or floor(s) at the Property, and we need to lift this as a result, we will always endeavour to restore this to the best of our ability, however, we are not specialist carpet fitters and cannot be held liable for this.

3.7 Please be aware that central heating flushing to remove debris from a central heating system can, on rare occasions, expose previously undetected faults, weak points or breaches in the system. We cannot be held responsible for any such pre-existing conditions which might be revealed, or for any resulting damage which might occur, unless we caused it.

3.8 Unless we have specifically included for this in our Quotation, it will be your responsibility to provide access equipment, which must be in place before our agreed start date and available to us at all such times as we may require it. Any wasted time we incur due to insufficient access equipment will be chargeable.

3.9 We will dispose of all waste that results from our Services, unless otherwise agreed.

3.10 Unless otherwise agreed in writing, our price is based on being able to complete our works in one continuous visit, or where we are carrying out the works in phases, each phased visit is to be continuous. If we are prevented from continuous working through to completion or are required to complete out of sequence works, we reserve the right to recover any costs incurred as a result.

3.11 Any variations must be agreed in writing before we can proceed and are payable in accordance with clause 6. Please be aware that variations may result in delays to any estimated programme dates.

3.12 For all visits to the Property that have been agreed in advance, we will require a minimum of 24 hours’ notice to rearrange this. Should you fail to provide such notice, we will reserve the right to charge a fee of £49 + VAT.

3.13 Please note that where we have agreed to convert an open vented system to a pressurised hot water system, we cannot be held responsible where the existing system at your Property is not suitable for such conversion and this is discovered after the works have been carried out.

4. Materials

4.1 Where we are supplying Materials, we will use reasonable endeavours to ensure that such Materials we use match those chosen by you.

However, we cannot guarantee the colour, pattern or finish of the Materials will be consistent, due to unavoidable variances that may arise in the manufacturing process or due to the characteristics of the surfaces to which they are applied. We also reserve the right to make minor, non-aesthetic alterations to the specification of the Materials described in our Quotation without consulting you first.

4.2 Any dates quoted for delivery of the Materials are approximate only and we will not be liable for any delay in delivery of the Materials howsoever caused. Time for delivery shall not be of the essence of the Contract. We may deliver Materials in advance of the quoted delivery date upon giving you reasonable notice.

4.3 The responsibility (also referred to as the “risk”) for any Materials we supply remains with us until they have been delivered to you, at which point it will pass to you. However, you will not own the Materials until we have received payment for the works in full.

4.4 We will pass on any manufacturer’s warranty in the Materials to you, where applicable. In the case of boilers, boiler parts, gas cylinders and similar, we may register the warranty once the installation is complete. If those items are removed or changed, the warranty will be void. Any warranty we provide is subject to payment having been received by us in full in accordance with clause 6.

4.5 Where we have agreed, at our sole discretion, that you are to supply any materials, please note that additional charges may apply. We also will not accept responsibility for any faults or issues with such materials, or for any delay in their delivery. If we are delayed whilst working at the Property due to such materials, or the completion date is delayed as a result, we reserve the right to charge for any costs we may incur.

5. Your Responsibilities

5.1 You are responsible for ensuring that:

       5.1.1 the Property is suitable for our Services to be carried out, including the removal of all furniture and items which could reasonably be considered an obstruction and/or delicate. Please note that we cannot be held responsible for any pre-existing faults or damage in or to your Property that we may discover while providing the Services, nor for any damage that may occur to furniture and items at your home where you have failed to remove them;

       5.1.2 we have access to appropriate and accurate drawings in order to provide our Services;

       5.1.3 we can access the Property, and neighbouring land where applicable, on the agreed dates and times to provide the Services. Please note that, where there is no parking available at the Property, we will reserve the right to charge you for all reasonable parking charges which we may encounter in providing the Services to           you;

       5.1.4 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services;

       5.1.5 children and pets are kept away from the area(s) of the Property in which we are carrying out the works; and

       5.1.6 we have access to welfare facilities, gas and water, at no cost to us, to enable us to carry out our Services.

5.2 If you fail to comply with any of these responsibilities, then we reserve the right to charge for any costs we may incur, such as for delays, storage of Materials or non-productive visits to the Property, and we will not be held liable for any delays incurred as a result.

6. Fees and Payment

6.1 Unless otherwise agreed by us, our standard payment terms are as follows:

      6.1.1 a deposit payment, up front, at the time the contract is formed. This will be either 50% of the quoted fee or the total cost for materials, whichever is the higher. Please note that we will be unable to commence the Services or agree any programme dates until such time as this has been paid in full; and

      6.1.2 further staged payments as the works progress. We will notify you of these in the Quotation, where applicable.

6.2 We will charge in accordance with our standard hourly rate(s) applicable at the time. This may vary depending on the amount of hours spent on the works – unless otherwise agreed by us, we will charge a higher hourly rate for the first hour.

6.3 Our Quotation is based upon the cost of the raw materials at the date of the Proposal. If we are delayed through no fault of our own at any stage during the Contract and such delays result in any additional costs for us, we reserve the right to adjust our Contract value accordingly.

6.4 All invoices are due within 7 days from the date of invoice, without set-off, withholding, retention or deduction, unless we agree otherwise in writing.

6.5 You agree to pay for any additional Services or Materials we may provide at your request, together with mileage and travel expenses where agreed.

6.6 The time for payment is of the essence of the Contract. If we do not receive any payment by the due date, then without limiting any other rights or remedies available to us, we will have the right to suspend the Services and charge you interest on the outstanding amount at the rate of 8% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the actual date of payment, whether before or after judgment. We also reserve the right to charge for any costs we may incur in attempting to recover the outstanding debt.

7. Cancellation for Consumers

7.1 If you are a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Contract is formed as set out in clause 2 and ends at the end of 14 calendar days after that date.

7.2 If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email to the contact details provided with our Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.

7.3 If you cancel within the cooling off period, you will receive a full refund of any amount paid to us under the Contract, including the initial deposit. Any refunds will be made within 14 days after the day on which we are informed of the cancellation, using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7.4 If the start date for the Services falls within the cooling off period, you must make an express request for the Services to begin within the 14 day cooling off period. By making such a request, you acknowledge and agree to the following:

      7.4.1 if the Services are completed within the 14 day cooling off period, you will lose the right to cancel once the works are completed; and

      7.4.2 if you cancel the Contract after the Services have begun, you will be required to pay for the Services and any Materials supplied up until the point at which you inform us of your wish to cancel.

7.5 After the expiry of the cooling off period above, if you wish to cancel the Contract, you will need to give us 48 hours’ notice in writing. Any monies already paid will be non-refundable and you will remain liable to pay for any Materials we have ordered and Services we have provided up until the date of cancellation.

8. Cancellation for non-Consumers: 

If you are not a Consumer and you wish to postpone the Services or cancel the Contract, then we require a minimum of 48 hours’ notice prior to the agreed start date for the works. If we do not receive this notice, then we will charge for any costs we incur as a result, such as aborted labour costs. In any event, you will also be liable to pay for any Materials we have ordered and Services we have provided up to the date of cancellation, together with reasonable cancellation charges including, but not limited to, administration costs, procurement costs and loss of profit, which will payable immediately. Any monies already paid will be non- refundable.

9. Our Cancellation Rights: 

We reserve the right to cancel the Contract at any time and will confirm this in writing. If we have started the Services, we will invoice you for any Services we have provided or Materials we have purchased that you have not yet paid for. If we cancel before we have started providing the Services, we will refund any payments you may have made in advance, including any deposit.

10. Guarantee:

10.1 Subject to clause 10.5, we guarantee that, with the exception of normal wear and tear, our workmanship will be free from any and all defects for a period of 12 months following completion of the Services. If any defects appear due to no fault of yours during this period, we will rectify any and all such defects at no cost to you.

10.2 We will provide a guarantee for any Materials, which will be limited to the extent of the guarantee provided to us by the manufacturer’s guarantee or warranty (if any).

10.3 Any guarantee we offer is not transferrable and is subject to us having received payment under the Contract in full. We reserve the right to withhold guarantees, warranties and other required documentation until such time as any payments due under the Contract are received in full.

10.4 Any guarantee is also subject to you (and any third party) ensuring that no person modifies, adjusts or interferes with the Services provided by us, without our prior approval following all instructions issued by us upon completion of the Services, including maintenance instructions.

10.5 Please note that our guarantee does not cover:

        10.5.1 repairs required as a result of misuse, abuse, deliberate damage, or interference by you or any third party;

        10.5.2 electrical faults occurring to any boiler during any routine service or repair. It is not uncommon for boilers to malfunction when the power supply has been interrupted, however we are typically required to isolate the electrical supply when carrying out such work

        10.5.3 any blockages in waste and/or drainage systems;

        10.5.4 where we agreed to convert your system from an ‘open’ to a ‘sealed’ system, any system issues that may arise following the completion of the works including, but not limited to, pressure loss and/or leaks from unsighted pipework buried in concrete flooring;

        10.5.5 replacement of any service valves which may become defective. This includes, but is not limited to, external and internal stop taps, isolation valves, drain cocks, radiator valves and bleed/vent points;

        10.5.6 work carried out by us on any installations of an inferior quality (as specified by us) and/or installations that are over 10 years old; and

        10.5.7 any indirect or consequential loss or damage incurred to the Property as a result of any defect or error with the works, unless caused by our negligence and if we attend the Property and discover that any damage, problems or other issues are not covered under the terms of the guarantee, then this visit and any                  rectification works will be chargeable.

10.6 Any repair work carried out or replacement Materials supplied within the guarantee period will also be covered by the guarantee, but only for the remainder of the original guarantee period.

11. Events Outside of Our Control (Force Majeure): 

We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, pandemic, epidemic, act of terrorism or war, or any other event that is beyond our reasonable control.

12. Liability and Indemnity

12.1 Subject to this clause 12, we will be responsible for any foreseeable loss or damage that you may suffer as a direct result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.

12.2 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

12.3 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

12.4 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

13. Restrictive Covenants: 

You must not, during the term of the Contract and for a period of 12 months from its expiry or termination, without our prior written consent, solicit, entice away, appoint in any way or cause to be employed, engaged, or appointed any person who is or has been an employee, agent, director, consultant or sub-contractor of ours.

14. Complaints: 

We welcome feedback and, while we always aim to ensure that your experience is positive, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing within 12 months of completion of the Services or the relevant phase in question. Unless you have reasonable justification in refusing entry, we will need you to grant us access to remedy any complaint for which we may be liable.

15. How We Use Your Personal Information: 

All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them. For further information, please refer to our privacy policy, available on request.

16. Other Important Terms

16.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party, who will remain bound by it. We are also free to use sub-contractors and we will be responsible for each act and omission of any sub-contractor as if it were an act or omission of our own.

16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

16.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

16.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

16.5 If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by you or us, this does not mean that either of us has waived our right to do so at a later date.

17. Law and Jurisdiction

17.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.

17.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.