For the purpose of these terms & conditions the following words shall have the following meanings:

(i)‘Company’ shall mean Drake Plumbing & Heating Limited

(ii)‘You’ shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.

(iii)‘Operative and/or Engineer’ shall mean the representative appointed by the Company to carry out the work requested by You under this Agreement.

The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for You those works shall be undertaken by the designated operative of Company at its absolute discretion.

HOURLY RATE WORK

The total charge to You shall consist of:

(i)A minimum charge of one hour according to the day and time of arrival plus the amount of time spent by the operative in carrying out works

(ii)Continuation of work after the first hour is then charged in 30minute intervals

(iii)The cost of materials supplied by the Company (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates in accordance with the attached schedule.

(iv)Parking and Congestion Charge fees

(v)For work outside of a five-mile radius from CR2 0QU a mileage charge of £0.50 per mile travelled will be added.

Completion of any work cannot be guaranteed and depends upon the availability of goods and materials. For instances where work cannot be completed, payment for time spent and materials used will be taken as a deposit, which will later be deducted from final payment on completion of work. All charges are subject to VAT at the prevailing rate.

QUOTATIONS

The Company shall not be under any obligation to provide You with a quotation and shall only be bound by quotations given in writing to You and approved by a duly authorised representative of the Company. The Company shall not be bound by any quotations given orally. Quotations are generated based on an estimated time to complete a job however in certain circumstances depending on the work being carried out prices may be adjusted accordingly and may affect originally quoted price. Due to the variety and unforeseen circumstances of jobs, prices cannot be deemed as a final figure unless otherwise stated.

Where a written quotation has been supplied to You, the total charge to You referred to in the quotation shall include labour, materials and any other charges that may occur in order to carry out works for You which reflect the same charges found in “hourly rate work’ but may be revised in the following circumstances; In these circumstances You can elect to discontinue the work, but will then still be liable to pay for all work already carried out and all goods and materials supplied:

(i)if after submission of the quotation You instruct the Company (whether orally or in writing) to carry out additional works not referred to in the quotation.

(ii)if after submission of the quotation there is an increase in the price of materials.

(iii)if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared.

(iv)if after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared.

(v)Should a detailed Insurance Report be required in addition to the quotation and invoice then this will incur a nominal charge of £50.00.

In instances where additional work has been requested by You or advised by the Company to be carried out in writing or verbally, this will be charged at the hourly rate that coincides with the day and time in accordance with the schedule of rates found at the bottom of these terms and conditions.

PAYMENT

Acceptable methods of payment are bank transfer, cash, or by credit or debit card. Cheques or any other form of payment are not accepted. Invoices are due for payment immediately upon delivery to You. Any part of that invoice which remains unpaid after 10 days shall carry interest at the rate of 8% over the Bank of England base rate from due date and then prevailing until payment in full is received by the Company.

In addition, You agree to pay compensation for any late payment in accordance with the following scale, together with all legal fees incurred in recovering any unpaid amount:

£40.00 for each outstanding invoice of less than £1,000.00

£70.00 for each outstanding invoice in excess of £1,000.00

£100 for each outstanding invoice in excess of £10,000.00

You shall accept sole liability to provide payment to the Company's account and in the event that You are a limited company or any other form of corporate body or partnership, the signature of this Agreement shall amount to an agreement by all of the directors, partners or those otherwise holding a controlling interest in You to be jointly and severally liable for the Company’s account in circumstances where You fail to settle that account.

DEPOSIT

You agree to pay a non-refundable deposit of either half of the estimated cost of the work or all of the cost of the goods and materials, whichever is the greater. Deposits are also required when work cannot be completed as part payment for work carried out.

GUARENTEE

The Company guarantees all labour for twelve months and all goods and materials for three months (unless such goods and materials are covered by a longer manufacturer’s warranty), subject to the following clauses. Any guarantee shall be for labour only in respect of faulty workmanship for twelve months from the date of completion with the manufacturer’s warranty in force. Any guarantee will become null and void if the work/appliance completed/supplied by the Company is:

(i)Subject to misuse or neglect or negligent treatment by You or anyone acting on behalf of You;

(ii)Repaired, modified or tampered with by anyone other than a Company operative.

(iii)The Company will accept no liability for, or guarantee suitability of, materials supplied by You and will accept no liability for any consequential damage or fault.

(iv)The Company will not guarantee any work in respect of blockages in waste and drainage systems.

(v)The Company will not guarantee any work undertaken on instruction from You and which is contrary to the written or verbal advice of the Company’s operative/engineer.

(vi)Work is guaranteed only in respect of work directly undertaken by the Company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.

(vii)The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.

(viii)Work will not carry a guarantee where You have been notified by the operative in any way of any other related work which requires attention.

MATERIALS

Collection of non-stock items is chargeable at the relevant hourly rate, but the Company will use its reasonable endeavours to ensure that such time is kept to a minimum.

You agree to inspect any goods and materials supplied and to notify us within 48 hours if any are damaged or faulty. Should you wish to change any materials or goods supplied you must notify us in writing. If, for reasons beyond the Company’s control, it is not possible to supply any materials or goods previously specified, You will be advised within a reasonable time and asked to approve the Company’s selected alternative. If such approval is not forthcoming, or if You decide to cancel the work, You will remain liable to pay for all work carried out to that date together with all goods and materials supplied.

BOOKING FEE

A non-refundable booking fee of £50.00 may be payable at the time of making any appointment should the company deem this necessary and will be deducted from any final invoice.

DELAYS

Where the date and/or time for works to be carried out is agreed by the Company with You, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the nonattendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials or for any loss or damage which You may incur as a consequence of this.

The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.

DISPUTES

Any dispute over any invoice must be notified to the Company within 24 hours of the works being completed to which the invoice relates. If, after the Company shall have carried out the works, You are not wholly satisfied with the works then You shall give notice in writing within 7 days to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. You accept that if You fail to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.

TITLE TO GOODS

Title to any goods or materials supplied by the Company to You shall not pass to You but shall be retained by the Company until payment in full for such goods or materials has been made by You to the Company.

Until such time as title in the such goods or materials has passed to You:

(i)the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods or materials in which title remains vested in the Company;

(ii)for the purpose specified in (i) above, the Company or any of its operatives or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or materials or any part thereof are installed, stored or kept, or are reasonably believed so to be; the Company shall be entitled to remove such goods or materials from any installation owned or operated by You and in such circumstances you waive all right to bring proceedings for any consequential loss or damage;

(iii)the Company shall be entitled to seek a court injunction to prevent You from selling, transferred or otherwise disposing of such goods or materials and you irrevocably agree to pay the costs of obtaining such an injunction on an indemnity basis.

(iv)Although you do not own any goods until you have paid for them, once they are delivered you are responsible for insuring them against loss, theft and accidental damage. If you are not insured for this, you still have to pay for any loss, damage or theft which may occur.

CANCELLATIONS

If You cancel your instructions prior to any work being carried out You agree to pay for any time which the Company has already spent on the matter and for any materials which they have purchased to carry out the work which cannot otherwise be used by the Company (and in which respect the Company’s decision shall be final and binding).

DAMAGES

Where You or anyone acting on behalf of You cause damage to any work carried out at a quoted price, repairs will be charged at a rate of £85.00 per hour with a one hour minimum charge.

The Company will not be liable for any consequential damage which occurs during the course of any works, including (but not limited to) damage to floors, doors or other woodwork where the lifting or removal of the same is necessary in order to complete the works.

The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

LIABILITIES

Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.

You shall be solely liable for ensuring compliance with any Gas Warning Notice or Gas Safe Regulation.

RUBBISH REMOVAL

The company is under no obligation to remove and dispose of any waste and/or rubbish accumulated from carrying out works for You.

AGREEMENT

This agreement is binding upon both parties to it and shall not be varied or modified in any way except by a written document signed by both parties. Further, this agreement shall prevail over any terms and conditions used by You or contained or set out or referred to in any documentation sent by You to the Company; by entering into a contract with the Company You agree irrevocably to waive the application of any such terms and conditions.

This Agreement shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the Senior Court of English and Wales.