Terms & Conditions

1. INTRODUCTION

    

   • Please read these general terms & conditions carefully before using our services. They tell you everything you need to know about what you can expect from Berkshire East Plumbing & Heating Ltd. By using our services, you are agreeing to these terms. You are also agreeing to our privacy and cookie policies.  The latest version of our terms and conditions, privacy policy. and cookie policy always applies, and we will usually only update our terms when we offer a new service, change how we provide a service or to comply with a new legal requirement.

2. DEFINITIONS

    

   For these general terms and conditions the following words shall have the following meanings:
   • The term the “Company” shall mean Berkshire East Plumbing & Heating Ltd whose registered office is at: 44 Earlswood, Bracknell, Berkshire, RG12 7LB.
   • We or us or our or ours refers to Berkshire East Plumbing & Heating Ltd.
   • The term “Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
   • You or your or yours will refer to the customer, the person, the organisation or company whose name and address is shown on the quotation or agreement.
   • The term “Operative/Engineer” shall mean the person/s completing the installation, service maintenance or repair works on site.
   • An Event outside Our Control: any act or event beyond our reasonable control, including but not limited to strikes, lock-outs and other 3^rd party industrial action, civil commotion, riot, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
   • The Property: where the Works are to be undertaken.
   • The Works: the works to be carried out by us as detailed in our quotation or agreement.
   • Special Order Items: items or materials that are manufactured to order or bespoke, where the order cannot be cancelled or modified and the items or materials cannot be returned to the manufacturer if the work is cancelled.

3. PROVISION OF SERVICES

    

   • Estimates are guaranteed subject to work commencing within 30 days from the date of issue. Should you decide to proceed with the work after that date, the Company reserves the right to change the original price quoted. Any changes will be explained in full. The Company shall only be bound by estimates given in writing provided by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
   • The Company will carry out the whole of the work specified in the estimate at the cost quoted. Should any additional work or variations to the estimate be requested by the Customer after work has started this may result in an additional charge. Additionally, if work not included in the quote is further required to complete the task, or parts are required for replacement, this may result in an additional charge.
   • The time estimated to complete the required work is to the best of our knowledge accurate. We will not accept liability for any cost, losses or expense of whatever nature incurred by you as a result of any delays.
   • Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative/engineer attends on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.

• The price specified does not include the cost of removing any dangerous or hazardous waste material including those required under Section 19 of the Landfill Regulations or Waste Electrical Equipment Regulations. This will be subject to an additional charge.
• If when carrying out work asbestos is encountered the Company reserves the right to withdraw its operatives/engineers immediately until the site is made safe. The cost of removing asbestos is not included within the price. The Company can upon request of the Customer provide an additional cost for removal of the asbestos. You will need to provide a certificate (Clean Air Certificate) to confirm the safe removal of the substance.
• Where the works require a waste container such as a skip or hippo bag or similar, the Company will arrange for the removal of the waste container upon payment of the final invoice. Unless specified in the estimate the cost providing and removing a waste container will be additional. The Customer acknowledges that the waste container removal is arranged through a third party and therefore subject to their work scheduling.
• The price specified does not include the use of scaffolding when safe access if not available from a ladder.
• If you are a tenant, you will need your landlord’s permission before work can be carried out and should provide evidence of your landlord’s permission. In any event the Company will assume that you have obtained such permission and will not be held liable for any loss or damage however arising from failure to obtain permission.
• It is the Customer’s responsibility to ensure that there is an adequate gas supply which meets the current manufacturer and Gas Safe regulations to the property prior to the commencement of works.
• It is the Customer’s responsibility to make adequate provision for the removal and replacement of carpets and floor coverings, fitted furniture etc. It is the Customer’s responsibility to make adequate provision for the removal and replacement of wall coverings, including tiles, bath panels and other fixtures. The Company will not be held liable for any damage or loss resulting in failure to do so.
• The quotation does not include the final painting of pipework or any redecoration, nor for the alteration of cupboards, renewal or repair of floorboards through which old pipes were run. No allowance is made for the chasing in of pipework or boxing in of electrical wiring or pipework unless specified.
• If required the Customer will obtain at their own expense, and provide evidence that, all necessary consents are in place before work commences on site, including planning, neighbours and mortgage providers consents.
• All work will be carried out in a professional manner, but the Company cannot be held liable for any damage unavoidably caused to decorations, fittings and the like as a result of installing/maintaining any new or existing equipment as specified in the estimate or removing, replacing or disturbing existing pipework, appliances, tanks, cylinders or other fixtures and fittings.
• Where the Company needs to connect new equipment to your existing central heating system it shall not be liable for any breakdown or poor performance or damage caused to your existing system subsequent to connection.
• Where the Company provides power flush service the Customer accepts that the aim of the power flush is to remove corrosion debris and limescale from the system as thoroughly as possible but that some corrosion debris and limescale may remain and that adding fresh water to the system will introduce an amount of dissolved limescale subsequently. Some boiler and heating system noises may remain after the flush.
• The Company shall not be responsible for any leaks identified in the central heating system following the power flush. Should leaks occur the Company shall not be responsible for lifting of any carpets or floor coverings (including tongue and groove floorboards, parquet, hard wood, rubber, tiles floors or other), and will not be responsible for any redecoration, cleaning or removal or odours that may be required.
• Following a power flush the Company will not be responsible for replacement appliance components, radiators, auto air vents, pumps and system pipework identified as requiring replacement due to the age and condition of the system.
• The customer accepts that there may be existing design faults and faulty components that limit the effectiveness of the power flush service and will be liable for the cost of the power flush as quoted regardless of outcome.

   

• The Company will not accept liability for any deterioration in the performance of the central heating system caused by fluctuations in or inadequate water pressure provided by your water supplier.
• The Company shall not have any liability for failure to perform its obligations under the estimate if it is prevented from doing so by causes reasonably beyond its control.
• The Company shall not have any liability for any indirect, special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. The total liability of The Company under this agreement shall not exceed the price paid. Further, should any additional work be required as a result of such unforeseen circumstances, the Customer will be responsible for meeting the costs of such work.
• To complete any work as quickly as possible the Company may use sub-contractors. The Company will ensure high standards of work carried out by approved sub-contractors. All sub-contractors will have suitable identification.
• An estimate/invoice cannot be varied except in writing by the Company.
• If, after the Company has completed the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 28 Days to the Company and shall allow the Company and its insurers the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
• Materials and tools held at the Customer’s premises are the responsibility of the Customer to ensure they are safe and secure – any losses of materials on site are chargeable.
• If the Company is doing work at the Customer’s rented property on behalf of a landlord, the tenant must be bound by the terms of the contract and if for any reason the landlord refuses to pay, the tenant will be liable to pay and reclaim all cost back from the landlord.
• Completed work may be photographed and used by the Company who own the copyright to such photographs.
• Cancellation of any material or items purchased for use on the job and subsequently not required are chargeable at the suppliers “handling/restocking charge” unless the material or items are Special Order Items where paragraph 3.30 will apply.
• Once the Customer has accepted the estimate in writing, and regardless of any cooling off period, the customer accepts liability for the full cost of any items that are Special Order Items where the order cannot be cancelled or the Special Order Items returned to the manufacturer. Special Order Items will be identified in the estimate. Non-refundable payment for Special Order items will be required to secure the order.
• We reserve the right to refuse and decline any work at our own discretion.
• Unsafe or incorrectly fitted gas appliances covered by Gas Safe will be disconnected at the main supply and the regulatory authorities informed accordingly.
• The estimate price includes where appropriate, an electrician to wire, test and certify the appliance for connection to your property’s electrical supply. This assumes that your current wiring is sound and requires no alteration in order to meet the required standard under the current regulations. Should any alteration be required then the electrician will discuss any extra costs with you before work is carried out. The Customer will be required to settle this extra cost directly with the electrician.
• The Company will not be responsible for the loss of cavity wall insulation materials resulting from openings that need to be made as part of the works.
• Boiler Care service includes routine Boiler Service only. The Customer can join the service within one month of the last boiler service or within two months of having a new boiler installed by us. The Customer is responsible for booking the boiler service. Routine boiler servicing is scheduled between 8.00am and 5.00pm Monday to Friday.
• The length of the Boiler Care agreement is 12 months from the date of acceptance and runs until your agreement runs out.  The agreement will renew automatically until the Customer tells us to stop.
• The Company reserves the right to alter or cancel the Boiler Care service at any time and for any reason.  Non-payment of the monthly charge will result in suspension of the service and will resume only once payments have caught up. There will be no refunds under any circumstances. The Customer may cancel their Boiler Care service at any time in writing with 4 weeks’ notice.

4. PAYMENT

    

   • Invoices will be sent upon completion of the work and must be paid upon receipt, and before any future work can be arranged. No certificates or reports will be issued until payment is received.
   • For all works costing over £400.00 (excluding VAT) a 50% deposit will be taken to secure the booking. All balances are due for immediate payment upon completion of the substantive work excluding any minor works still outstanding.
   • The customer will be liable for the cost of any Special Order Items once the estimate has been accepted in writing. The cost of Special Order Items will be is non-refundable under any circumstances and payment will be required to secure the order.
   • Please note that if we are unable to commission an appliance due to external faulty components, or lack of an electrical or interruption from fuels such Natural Gas, LPG or Oil, the outstanding balance will still be due. Once those external faulty components have been replaced or repaired, we shall return free of charge to commission the appliance.
   • Failure to make payment upon receipt of our invoice may result in an additional Administration charge of up to 10% of the total outstanding amount if payment is not received within 5 days, thereafter the matter may be referred to our Debt Collection Agents whose charges will be added to, and payable with the invoice debt.
   • Any costs associated with additions or variations to the works that we find necessary which we could not reasonably have identified when providing the Customer with our estimate or during our survey, will be agreed with the Customer and added to the invoice for the balances. We or the Customer may cancel the agreement as a result of these changes and our Cancellation terms will apply.
   • Title in the goods will not pass to the Customer but shall be retained by the Company pending payment in full of the balance. Until the title passes to the Customer, the Company shall have an absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them.
   • If the Company is performing works at the Customer’s rented property on behalf of the Landlord, the tenant must be bound by the terms of the contract, and if for any reason the landlord refuses or cannot pay, the tenant will be liable to pay and reclaim all the costs back from the landlord.
   • In the unusual circumstance that the Company has outstanding snagging issues to fix the customer may not use this as reason to withhold payment.

5. GUARANTEE AND WARRANTIES

    

   • All work carried out by the Company carries a full 12 months guarantee (only where materials and appliances are supplied by the Company), except servicing/maintenance/repair work which is guaranteed for 28 days.
   • External drains, gutters and plumbing works exposed to the weather elements are not covered by any warranties provided by the Company, all liability resting with the material supply warranty and the property owner.
   • The Company guarantees pipework in direct relation to the appliance or any other items that were replaced or installed during the works completed by the Company for 12 months from the commission date unless stated otherwise on the quotation and for the purposes of clarity up to where the installation joins on to the existing system.
   • The warranty does not cover acts of vandalism, third party negligence, events outside our control or wilful damage. This also does not include Servicing, maintenance or repair work which is guaranteed for 28 days.
   • The Company will provide a 28-day guarantee after commissioning of a new thermal appliance to investigate any and all faults relating to the central heating and hot water. The company will not accept any liability to replace or repair faulty components unrelated to the installation.
   • If the Company is instructed to investigate a fault by the Customer after the 28-day period, a call out fee of £85.00+VAT will be applicable if the Engineer establishes that the Company is not responsible for the fault. The Company will not accept liability for a System Rebalance, System Re-Pressurisation or System Air Bleeding.
   • The Customer accepts that existing design faults and faulty components may limit the effectiveness of a power.
   • The Company cannot guarantee any services, parts and equipment supplied to the customer if:
     • they suffer misuse, are treated negligently or if the company’s work is repaired, modified, or tampered with by someone else
     • the material used is supplied by the Customer
     • the Company indicates that further works need to be carried out.
   • The warranty for a boiler and or cylinder will be covered by the manufacturers as agreed in the estimate. The warranty only applies to the boiler. It does not apply to any existing parts of the system. The Company will not be liable for the cost of resolving existing circulation issues.
   • The manufacturer’s parts and labour warranty is registered by the Company on full payment of the balances by the Customer. If the Customer does not finalise balances within 72 hours of completion they risk voiding the manufacturer’s parts and labour warranty of which the Company accepts no liability. If all or any part of the installation remains incomplete after the commissioning of the appliance, a 95% payment of the outstanding balance will allow the Company to register the appliance warranty and avoid any risk of the appliance warranty being voided. All manufacturer warranties are subject to the terms and conditions set out by the relevant manufacturer.

6. CANCELLATION

    

   • As part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: The Customer has a right to cancel this contract starting 14 days from the day this contract is made and to have any deposits returned provided the customer has informed the Company in writing, with the exception of Special Order Items.
   • If a customer has agreed in writing to the service being started within the 14-day cancellation period they can still cancel but the work will be deemed to be urgent or emergency maintenance and the Company shall be entitled to payment for all work completed up to the date of cancellation and cancellation of any material or items purchased for use on the job and subsequently not required are chargeable at the suppliers “handling/restocking charge” unless the material or items are Special Order Items.
   • The Customer accepts that in the case of Special Order Items where the order cannot be cancelled or the items returned to the manufacturer, the Customer is liable for the full cost of the Special Order Items following written acceptance of our estimate effectively waiving their rights under the Consumer Contracts Regulations 2013 in this regard.
   • The Customer accepts that if the Company has been requested to attend their property to carry out urgent repairs and/or maintenance, the Customer will not be entitled to a statutory 14-day cancellation period further to Section 28(1)(e) of the Consumer Contracts Regulations 2013.
   • We encourage our customers to contact us as soon as possible if they need to rearrange an appointment. Failure to gain access to your property at the time and date of your appointment may incur an attendance charge.
   • The customer is responsible for making sure that the working area is clear and free from all obstacles or hazards. In the case of work to be done in out-of-the-way areas such as lofts, there must be safe access, lights and flooring in the area of work.  If not the Company has the right to cancel the works without any liability on its part and an attendance charge will be incurred.

7. USE OF PERSONAL INFORMATION

   www.berkseastplumbingandheating.co.uk/privacy-policy

8. IF YOU HAVE A COMPLAINT
   Your views are important to us and if we do not deliver to the high standard of service you should expect, or if we make a mistake, we want to know. We will investigate your complaint and try to resolve the problem as quickly as possible.
   • How we handle complaints:
     • Please contact us at your earliest convenience with the following information:
       • – Your full name, address and telephone number
         – Details of any previous correspondence you’ve had with us
         – Details of your problem or complaint
       • We will try to give you an answer there and then, but if this is not possible, we will take full details from you and arrange for the problem to be investigated.
       • You can contact us in one of the following ways:
         – In writing: 49 Longshot Industrial Estate, Bracknell, Berkshire, RG12 1RL
         – By phone: 01344 566264 or 07714 253145
         – By email: info@berkseast.co.uk
     • We will try to resolve your complaint straight away. However, if it requires a more in-depth investigation, then we will aim to give you our final response within four weeks.
       If for whatever reason this is not possible, we will contact you to explain the reasons why and let you know how long our investigations are likely to take.
     • We hope that you’ll never have to do this, but if you’re not happy with the way we’ve handled your complaint, the outcome of it, or if eight weeks have passed and we have not sent you our final response, you may have the right to refer your case to the Ombudsman Service (ombudsman-service.org).

These Terms and Conditions and associated agreements are governed by English law and the parties agree to abide by the exclusive jurisdiction of the English courts.

Berkshire East Plumbing & Heating Ltd, 44 Earlswood, Bracknell, Berkshire,

RG12 7LB. T: 01344566264 E: info@berkseast.co.uk W: www.berkseast.co.uk Company No: 9072037 VAT No: 155971479