TERMS AND CONDITIONS OF SERVICE
1.1 PPS: PPS-Plumbing of 78 Heanor Road, Smalley, Ilkeston, Derbyshire DE7 6DX.
1.2 the Client: the organisation or person who purchases the Services from PPS as specified in the Contract Specification.
1.3 the Goods: the merchandise, wares or materials supplied by PPS to the Client and detailed in the Contract Specification.
1.4 the Services: the professional services to be provided by PPS to the Client and as detailed in the Contract Specification.
1.5 the Agreement: these Terms and Conditions together with any terms contained within any Contract Specification; and
1.6 the Contract Specification: means the schedule of works, quotation or other similar document giving details of the Goods and or Services to be provided by PPS.
2 General and Interpretation
2.1 These Terms and Conditions shall apply to all and any contracts for the supply of Goods and or Services by PPS to the Client and to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order or similar documents.
2.2 Any variation to these conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by PPS.
2.3 In the Agreement any references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
2.4 In these Conditions headings will not affect the construction of these Conditions.
3 Charges, invoicing and payment
3.1 A contract for the supply of Goods and or Services will only be formed when PPS confirms acceptance of the Client’s order. A purchase order or letter of intent will not form a binding contract until such acceptance has been communicated by PPS.
3.2 PPS fees for the supply of Goods and or Services will be detailed in the Contract Specification.
3.3 Invoiced amounts shall be payable within the period specified on the invoice or in the Contract Specification.
3.4 The Supplier is entitled to charge interest on overdue invoices from the day after the final date on which payment was due until the date on which payment was made. The rate of interest charged shall be 8.00% per annum above the official dealing rate of the Bank of England currently in force.
4 Client Responsibilities
4.1 The Client shall co-operate with PPS in order to enable PPS to perform its obligations under this Agreement and in particular shall:
4.1.1 Obtain all necessary permissions and consents that may be required for the performance of the services;
4.1.2 Ensure that accurate information such as the delivery address for Goods, is supplied to PPS and supply any further information reasonably required by PPS.
4.1.3 Comply with such other requirements as may be set out in the Contract Specification or otherwise agreed between the parties.
4.2 The Client shall be liable to compensate PPS for any expenses incurred or losses suffered by PPS as a result of a failure of the Client to comply with any part of clause 4.1.
5 Health and Safety
5.1 The Client acknowledges its statutory and common law duties in relation to the health and safety of visitors to its premises under the Occupiers Liability Act 1957; I particular the Client shall ensure that any premises where the Services are to be carried out are secure, tidy and free from avoidable hazards. The Client shall make PPS aware of any specific hazards or risks present at the premises.
5.2 The Client shall ensure that all sites where PPS shall carry on the Services are safe for conduct of those Services. PPS shall notify the Client of any risks to health and safety which require remedial action, which must be taken by the Client within a reasonable timescale.
5.3 The Client will advise PPS of any changes made to its premises which will affect or impact the delivery of the Services.
5.4 PPS reserves the right to suspend the provision of all or part of the Services where an unacceptable risk to health and safety exists until the Client has removed, or reduced to an acceptable level, that risk. The Client shall remain liable for any charges due for the Services during any such period of suspension.
6 Variations to the Services
6.1 Variations to the Services and or Goods to be provided by PPS under this Agreement must be agreed by an authorised representative of PPS as specified in the Contract Specification. Any other variation will not be binding upon PPS.
7.1 Any warranties and conditions provided in this Agreement shall be exclusive.
7.2 All other warranties and conditions, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the performance of the Services and or the supply of the Goods by PPS.
7.3 PPS offer a quality warranty (“the Warranty”) on workmanship defects subject to the following provisions.
7.4 The Warranty period shall be 12 months from the date the Goods were supplied or Services completed by PPS.
7.5 The Warranty shall apply only to products utilised normally for the purpose for which they were installed.
7.6 The Warranty shall not apply to defects which have arisen as a result of neglect, abnormal use, accidental damage or alterations, modifications or repairs carried out by anyone other than PPS or a contractor approved by PPS. In particular, the following are not covered by the Warranty.
7.6.1 Fair wear and tear
7.6.2 Damage through incorrect care and maintenance
7.6.3 Damage through standing water, insect infestation, accidents or acts of God.
7.7 Any claims against the Warranty must be notified in writing to PPS within 30 days of the date on which the Client became, or should reasonably have become, aware of the defect.
7.8 Should PPS, on inspection of the defect, accept the Warrant claim it shall either make detailed repairs or provide a replacement. If the original product is no longer available then PPS will provide an equivalent replacement.
7.9 Where the warranty claim is made due to the failure of third party equipment then PPS shall be entitled to charge to the Client labour costs incurred in respect of removing and replacing the defective part.
7.10 The Warrant period shall not be increased in the event of an accepted claim against the Warranty.
8.1 The Client shall indemnify PPS in respect of any direct loss incurred by PPS in the performance of the Services and or supply of the Goods in consequence of any negligent act or omission committed by any person or organisation acting on behalf of the Client.
8.2 PPS shall indemnify the Client in respect of any direct loss incurred by the Client in consequence of any negligent act or omission committed by any person or organisation acting on behalf of PPS in the normal course of the performance of the Services or supply of the Goods.
9 Limitation of Liability
9.1 The liability of PPS to the Client under this Agreement shall be limited to any direct loss suffered by the Client as a result of the negligent performance of the Services or supply of the Goods and only where the Client notifies PPS of the negligent act or omission in question within seven days of the date when the Client became, or should reasonably have been, aware of that act or omission.
9.2 PPS shall not be liable for any loss or damage arising from the performance of services that amount to a variation of the Services to be performed or Goods to be supplied agreed under this Agreement unless such variation has been agreed in compliance with clause 6 of this Agreement.
9.3 PPS shall not be liable for any indirect or consequential loss suffered by the Client due to a breach of this Agreement by the Client.
9.4 Time shall not be of the essence in relation to performance of the Services or supply of the Goods unless expressly provided otherwise in the Contract Specification, and PPS shall not be liable for any losses incurred by the Client as a result of a failure to perform the Services or supply of the Goods with the indicated time frames specified in the Contract Specification.
9.5 Nothing in this Agreement shall limit PPS’s liability for personal injury or fraudulent misrepresentation.
10.1 The Client may terminate this Agreement within 14 days of the date on which PPS accepted the Client’s order, except where:
10.1.1 The order consists of an order for goods or products which are bespoke to the Client’s requirements.
10.1.2 The Services and Goods have been ordered as part of an emergency repair service.
10.2 To cancel the order the Client should make a clear statement that they wish to cancel, either by telephone, e-mail or post. The Client is advised to maintain proof of cancellation.
10.3 In the event of such cancellation the Client will be entitled to a full refund of any monies paid, except where they have asked for the Services to commence within the 14 day period in which case PPS shall be entitled to charge the Client for any work or other costs incurred up to the time of cancellation.
11.1 This agreement shall terminate automatically once PPS has completed performance of the Services and or provided the Goods and the Client has made payment of all monies owed to PPS under this Agreement.
11.2 Otherwise this Agreement may not be terminated except in accordance with the provisions of this clause.
11.3 This Agreement may be terminated by either party immediately in writing where:
11.3.1 The other Party becomes bankrupt or insolvent or enters a deed or arrangement with its creditors or goes into liquidation or has a receiver appointed of all or part of its undertaking, (except for the purposes of amalgamation or restructuring); or
11.3.2 Acts in fundamental or repeated breach of a term or terms of this Agreement to an extent which permits the other party to consider this Agreement repudiated, unless such breach is in consequence of force majeure.
12.1 PPS will endeavour to resolve any complaint made by the Client on an informal basis.
12.2 If the Client would like to make a formal complaint this should be done so in accordance with the PPS Complaints Policy which is available on request.
12.3 If the Client is not satisfied by the outcome of any formal complaint then they refer the matter to either:
12.3.1 Chartered Institute of Plumbing and Heating Engineers (CIPHE): http://www.ciphe.org.uk/
12.3.2 The Derbyshire Trusted Trader Scheme: www.derbyshire.gov.uk/tt
13 Force Majeure
13.1 Neither party shall be entitled to damages from the other party, or to terminate this Agreement where the other party acts in default or material breach of this Agreement where that default or breach was caused by conditions or events beyond its control including, but not limited to:
13.1.1 Strike, lockout or other labour dispute affecting the employees of PPS;
13.1.2 Acts of God;
13.1.3 Natural disasters;
13.1.4 Acts of war or terrorism
13.1.5 Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
13.1.6 Delay in manufacture, production or supply by third parties of euipment or services required for the performance of the Services or production and supply of the Goods;
13.1.7 Any event preventing PPS’s operatives from attending the Client’s premises to perform the Services including but not limited to adverse weather conditions, road closure or congestion and mechanical breakdown.
13.1.8 Any hazard at the Client’s premises including but not limited to impeded access or exit routes, structural defects, presence of noxious, combustible, radioactive or toxic substance which in the reasonable opinion of PPS, comprises an unacceptable risk to the health and safety of its operatives;
13.2 The Party in breach of default shall be entitled to a reasonable extension of time to perform its obligations under this Agreement after notifying the other party.
14.1 PPS may assign its obligations under this Agreement to a third party without the Client’s consent.
14.2 Nothing in the preceding sub-clause shall however prevent the Client from enforcing its rights under this Agreement against PPS.
14.3 The Client may not assign any of its rights or obligations under this Agreement without the written consent of PPS.
15.1 If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16.1 The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
17.1 All notices and other communications provided for in the Agreement and any associated document shall be in writing and shall be delivered by post, fax, e-mail or hand to an authorised representative, to the address, fax or e-mail in the Contract Specification.
17.2 Any notices served shall be deemed to be effective on actual receipt by the receiving Party, who shall acknowledge receipt within two working days of the date of receipt.
18 Entire Agreement
18.1 This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
19 Third Party Rights
19.1 Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
20.1 This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.