A Kirkham Plumbing

PLUMBER TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of plumbing services by A Kirkham Pluming ("the Trader") to customers who require plumbing services to be provided at their home.

These Terms and Conditions apply where the customer is a "Consumer" as defined by the Consumer Rights Act 2015.

1.Definitions and Interpretation

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

"Agreed Times"	means the times which You and We agree for the
	Plumber to have access to the Property to complete the
	Job
"Agreement"	means the contract into which You and We will enter if
	You accept the Quotation. The Agreement will
	incorporate, and be subject to, these Terms and
	Conditions
"Business"	means any business, trade, craft or profession carried on
	by You or any other person/organisation;
"Consumer"	means a "consumer" as defined by the Consumer Rights
	Act 2015, and in relation to these Terms and Conditions
	means an individual customer of the Trader who
	receives Plumbing Services for their personal use and
	for purposes wholly or mainly outside the purposes of
	any Business;
"Deposit"	means the deposit You will be required to pay in
	accordance with Clause 5;
"Final Fee"	means the total of all sums You must pay which will be
	shown on the invoice issued in accordance with Clause 6
	of these Terms and Conditions.
"Job"	means the complete performance of the Plumbing
	Services;
"Model Cancellation	means the model cancellation form attached as
Form"	Schedule 2;
"Order"	means Your initial request for Us to provide the Plumbing
	Services as set out in Clause 4;
"Plumber"	means Us or Our employee who will be responsible for
	providing the Plumbing Services;
"Plumbing Services"	means the plumbing services We will provide as
	specified in the Agreement;

"Products"	means the products required for the provision of the
	Plumbing Services which We will supply (if any) as
	specified in the Agreement;
"Property"	means Your home, as detailed in the Order and the
	Agreement, at which the Job is to take place;
"Quotation"	means the quotation We give to You in accordance with
	Clause 4 detailing the services We will provide to You
	and the fees We will charge;
"Quoted Fee"	means the fee set out in the Quotation which may
	change according to the actual work undertaken as set
	out in Clause 6 of these Terms and Conditions;
"Start Date"	means the date You and We agree on for Us to start
	providing the Plumbing Services as specified in the
	Agreement;
"Visit"	means any occasion, scheduled or otherwise, on which
	the Plumber visits the Property to provide the Plumbing
	Services;
"We/Us/Our"	means the Trader and includes all employees, agents
	and sub-contractors of the Trader;
"You/Your"	means a Consumer who is a customer of the Trader.

1.2Each reference in these Terms and Conditions to "writing", and any similar expression, includes electronic communications whether sent by e-mail, text message or other means.

1.3Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.4Each reference to "these Terms and Conditions" is a reference to these Terms and Conditions.

1.5Each reference to a Schedule is a reference to a schedule these Terms and Conditions.

1.6The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

1.7Words signifying the singular number will include the plural and vice versa.

1.8References to any gender will include the other gender.

1.9References to persons, unless the context otherwise requires, include corporations.

2.Information about Us

1.1We are Sole trader

1.2[We trade under the name Andy Kirkham Plumbing

3.Communication and Contact Details

1.1If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01603 503754 or by email at andykirkham8@gmail.com.

1.2In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

2.a.1 contact Us by email at; andykirkham8@gmail.com or

4.Orders

1.1We accept orders for Plumbing Services through telephone, text, mail and email or word of mouth.

1.2When placing an Order You should set out, in detail, the Plumbing Services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required (e.g. piping, installation of appliances etc.).

1.3Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).

1.4You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class post.

5.[Deposit

1.1At the time of accepting the Quotation or not more than 28 days thereafter You must pay Us a Deposit. The Deposit will be up to 25% of the total fee. We will not confirm an Order until the Deposit is paid in full.

1.2The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.]

6.Fees and Payment

1.1The Quoted Fee will include the price payable for the Plumbing Services and for the estimated Products required.

1.2We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.

1.3If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee.

1.4The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.

1.5We will invoice You when the Job has been completed.

1.6You must pay any invoice within 28 days of receiving it.

1.7We accept the following methods of payment: 7.a.1 Cash;

7.a.2 Cheque;

7.a.3 BACS; 7.a.4 Postal order.

1.8If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 5% above the base rate of Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

1.9If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

7.Plumbing Services

1.1We will provide the Plumbing Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).

1.2We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

1.3We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). However, We cannot guarantee the quality or consistency of the Products.

1.4We will ensure that the Plumbing Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

1.5We will ensure that We comply with all relevant codes of practice.

1.6We will properly dispose of all waste that results from Our provision of the Plumbing Services.

1.7Where a Job is to last for more than one working day, the Plumber will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

8.Guarantee

1.1We guarantee that the product of the Plumbing Services provided will be free from material defects for a period of 12months following completion of the Job.

1.2If any defect in the product of the Plumbing Services appears during the guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge.

9.Your Obligations

1.1If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Plumbing Services.

1.2You will ensure that the Plumber can access the Property at the Agreed Times to provide the Plumbing Services.

1.3You may either give the Plumber a set of keys to the Property or be present at the Agreed Times to give the Plumber access. We promise that all keys will be kept safely and securely by the Plumber.

1.4You must ensure that the Plumber has access to electrical outlets and a supply of hot and cold running water.

1.5You must give Us at least 24 hours notice if You do not require the Plumber to provide the Plumbing Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 24hours notice is given We will invoice You at the normal rate.

10.Complaints and Feedback

1.1We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint..

1.2If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

2.a.1 [In writing, addressed to Andy Kirkham. 24 Meadow Rise Road. Norwich. Norfolk. NR2 3QF.

2.a.2 [By email, addressed to Andy Kirkham at andykirkham8@gmail.com,

11.Changing the Start Date

1.1If You ask Us to change the Start Date:

1.a.1 We will where reasonably possible agree a revised Start Date with You;

1.a.2 If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).

1.2If We ask You to change the Start Date, You may either: 2.a.1 agree a revised Start Date with Us; or

2.a.2 terminate the Agreement (see Clause 14).

12.Cancellation of Contract During the Cooling Off Period

1.1Where the Agreement is not made "on Our premises", You have a statutory right to a "cooling off" period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.

1.2If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these

Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.

1.3To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

1.4If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.

1.5We will refund money 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.

1.6We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.

1.7If the Start Date falls within the cooling off period You must make an express request for provision of the Plumbing Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request You acknowledge and agree to the following:

7.a.1 If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;

7.a.2 If You cancel the Agreement after provision of the Plumbing Services has begun You will be required to pay for the Plumbing Services supplied up until the point at which You inform Us of Your wish to cancel;

7.a.3 The amount due will be calculated in proportion to the full price of the Plumbing Services and the actual Plumbing Services already provided. Any sums that have already been paid for the Plumbing Services will be refunded subject to deductions calculated on this basis;

7.a.4 We will process any refund within 24 hours and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.

1.8Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

13.Cancellation Before the Start Date

1.1In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:

1.a.1 If You cancel the Job more than 14 days before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.

1.a.2 If You cancel the Job less than 14 days before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.

1.2We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

14.Termination

1.1You may terminate the Agreement with immediate effect by giving Us written notice if:

1.a.1 We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;

1.a.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;

1.a.3 You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Agreement under Clause 11.2;

1.a.4 We are unable to provide the Plumbing Services due to an event outside of Our control (see Clause 16).

1.2We may terminate the Agreement with immediate effect by giving You written notice if:

2.a.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

2.a.2 You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or

2.a.3 You and We have been unable to agree a revised Start Date under Clause 11.1;

2.a.4 We have been unable to provide the Plumbing Services for more than

2 weeks due to an event outside of Our control (see Clause 16).

1.3For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

1.4If at the termination date:

4.a.1 You have made any payment to Us for any Plumbing Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;

4.a.2 We have provided Plumbing Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

15.Effects of Termination

1.1If the Agreement is terminated for any reason:

1.a.1 An y Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

1.a.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

16.Events Outside of Our Control (Force Majeure)

1.1We 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: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

1.2If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

2.a.1 We will inform You as soon as is reasonably possible;

2.a.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

2.a.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Plumbing Services as necessary;

2.a.4 You or We may terminate the Agreement (see Clause 14).

17.Liability

1.1We will be responsible for any foreseeable loss or damage that You may suffer as a 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 Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.

1.2We will maintain suitable and valid insurance including public liability insurance.

1.3We provide Plumbing Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. 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.

1.4If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or

damage in or to Your property that We may discover while providing the Plumbing Services.

1.5[Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Plumber) is limited to £2 million

1.6We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Plumber.

1.7Nothing 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.

1.8Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

18.How We Use Your Personal Information (Data Protection)

1.1All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.

19.Other Important Terms

1.1We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

1.2We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

1.3You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

1.4The Agreement 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 the Agreement.

1.5If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement o r these Terms and Conditions and the remainder of the provision in question will not be affected.

1.6No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

20.Law and Jurisdiction

1.1These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.

1.2Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.

SCHEDULE 1

SERVICE AGREEMENT

THIS AGREEMENT is made the day of

BETWEEN:

(1)<<Name of Trader>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<i nsert Address>> ("the Trader") and

(2)<<Name of Customer>> of <<insert Address>> ("the Customer")

BACKGROUND:

(1)The Trader provides plumbing services to consumer clients and has reasonable skill, knowledge and expertise in that field.

(2)The Customer wishes to engage the Trader to provide the services specified below ("the Plumbing Services").

(3)The Trader agrees to provide the Plumbing Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows:

21.The Agreement

1.1This Agreement incorporates the attached Terms and Conditions.

1.2In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.

1.3A legally binding contract between You and Us will be created when You and We sign this Agreement.

1.4We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):

4.a.1 The main characteristics of the Plumbing Services; 4.a.2 Our identity and contact details;

4.a.3 The total price payable for the Plumbing Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;

4.a.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Plumbing Services;

4.a.5 Our complaints handling policy;

4.a.6 The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.

1.5As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

5.a.1 all of the information described in Clause 1.4; and

5.a.2 any other information which We give to You about the Plumbing Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Plumbing Services

will be part of the terms of Our contract with You as a Consumer.

22.The Plumbing Services

1.1We will:

1.a.1 begin to provide the Plumbing Services on the Start Date of <<insert date>>;

1.a.2 aim to complete the Job by <<insert date>>;

1.a.3 provide the Plumbing Services during the Agreed Times of <<insert times>> or such other times as You and We may agree in writing;

1.a.4 provide the Plumbing Services at the Property located at <<insert address>>;

1.a.5 perform the Plumbing Services in accordance with the specification referred to in Clause 2.2

1.2The specification for the Plumbing Services is [as follows: <<insert full description of services to be provided>>] OR [attached].

1.3The Products we will supply are [as follows: <<insert full description of products to be supplied>>] OR [listed in the attached specification].

1.4You and We may agree in writing to vary the specification from time to time.

23.Fees and Payment

1.1You will pay the sum of £<<insert sum>> for the Plumbing Services. This sum may be broken down as follows:

1.a.1 £<<insert sum>> for labour; 1.a.2 £<<insert sum>> for Products.

1.2<<Insert full details of other sums due (if any) as detailed in the Quotation>>

24.Waiver of Cooling Off Period

1.1By signing this Agreement You request Us to commence provision of the Plumbing Services immediately and not to wait for the 14 day cooling off period referred to in Clause 12 of the Terms and Conditions to expire.

1.2You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Plumbing Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 12 of the Terms and Conditions.

1.3You acknowledge that You will lose the right to cancel if the Plumbing

Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Trader by: <<Name and Title of person signing for the Trader>>

__________________________________________________

Authorised Signature

Date: ____________

SIGNED by the Customer:

__________________________________________________

Signature

Date: ____________

SCHEDULE 2

MODEL CANCELLATION FORM

To: <<trader to insert trader's name, geographical address and, where available, fax number and email address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for plumbing services dated << >>.

Name of consumer(s): << >>

Address of consumer(s): << >>

Signature of consumer(s): << >>

Date: