Diamond Plumbing & Heating Terms & Conditions
(Version 4.0)
The following Terms of Use is a legal contract between an individual user and Diamond Plumbing & Heating regarding the use of our services.
Introduction:
These are Diamond Plumbing & Heating’s Terms and Conditions. They tell you:
The rules for using our services.
What you can expect from Diamond Plumbing & Heating.
Your rights and responsibilities.
When These Terms Apply:
Please ensure you read these Terms & Conditions before using our services. By using our services, you are agreeing to these terms. The latest version always applies.
What Do We Mean by “Services”:
Anything offered by Diamond Plumbing & Heating, across all the trades we offer for both Commercial and Domestic clients.
Terminology:
For the purpose of these Terms & Conditions, the following words have the following meanings:
“Us/We/Our” refers to Diamond Plumbing & Heating.
“You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply materials.
“Tradesperson/Tradespeople” refers to the representative(s) appointed by Diamond Plumbing & Heating to carry out the specified work.
We reserve the right to refuse or decline to undertake any work.
We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.
Hourly Rate Work:
The total charge to you will consist of the cost(s) of:
Labour: The amount of time spent by the tradesperson carrying out the work. This includes all reasonable time spent obtaining non-stocked materials.
Domestic Rates:
Call-outs = £60 + VAT
Hourly rate = £25/per hour + VAT (work will be charged in 30 minute increments for labour time and time spent sourcing additional materials required)
Commercial Rates:
Call-outs = £120 + VAT
Hourly rate = £50/per hour + VAT (work will be charged in 30 minute increments for labour time and time spent sourcing additional materials required)
Materials: Supplied by us.
You will only be charged for the time spent related to your work. All other time ie lunch breaks, is non-chargeable. Work carried out is subject to VAT at 20%. Company VAT registration number: 385506377.
Fixed Price Work:
The total charge to you will be given as a firm cost (manifest errors exempt), inclusive of labour and materials. This will be delivered to you ahead in the form of a quotation/estimate. Work carried out is subject to VAT at 20%.
Written quotations/estimates may be subject to alteration in the following circumstances:
If, after submission of the quotation/estimate, you instruct us (either in writing or verbally), to carry out additional work not referred to in the quotation/estimate. We will discuss additional costs with you prior to commencement of the additional work. Agreement can be verbal or written.
If, after submission of the quotation/estimate, there is an increase in the price of materials.
If, after submission of the estimate, it is discovered that further work needs to be carried out, which wasn’t reasonably anticipated when the quotation/estimate was prepared. We will discuss additional work and associated costs with you prior to continuing the work.
If, after submission of the quotation/estimate, it is discovered that there was a manifest error when the quotation/estimate was prepared.
Invoices & Payment:
Upon agreement for us to carry out quoted/estimated or pre-booked work, a deposit payment of 50% + VAT* of the total is payable immediately in order to secure dates and order/purchase materials. We reserve the right to request full payment in advance at our discretion. The customer can also request whether 50% + VAT or full payment + VAT in advance would be preferable, and we can invoice appropriately.
Upon completion of your work, you will be invoiced for the outstanding monies, for which payment is due upon receipt (unless otherwise stated in the final invoice).
You accept sole responsibility to make payment in full, unless you disclose when initially instructing us to carry out work and/or supply materials that you are acting on behalf of a 3rd party.
*Payment for any special-order materials will be required upfront without exception (this will be included within the 50% + VAT upfront payment, unless costs for special-order materials exceed 50% + VAT, and in these cases the higher amount will be charged upfront). If for whatever reason the work doesn’t then go ahead, these non-returnable materials will belong to the customer and we will be under no obligation to reimburse costs in this respect. In these cases, a charge of £100 will be levied for the time spent in sourcing all related special-order materials, but the remaining monies paid upfront will be refunded.
We have the facility to accept payments via:
BACS bank transfer
Credit or debit card
Cash
Late payments will be subject to a £25 + VAT fee on day 7 after the invoice is due, and a further £10 + VAT rolling weekly charge for every week that the outstanding amount remains unpaid thereafter.
Timekeeping:
We will endeavour to give a reasonable timeframe estimate for the work to be completed. We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
Cancellation:
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone or email), by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone or email, and you should request written confirmation from us, so that you are not liable to be charged. Where work is cancelled within these terms, a full refund (less special-order materials costs*) will be given.
If you cancel your instruction more immediately prior to work being carried out, or materials being supplied, you will be liable for a £150 + VAT cancellation charge in addition to charges outlined above relating to special-order materials*.
Satisfaction:
Diamond Plumbing & Heating are committed to providing professional, top quality service to every customer. If after carrying out the work, you are not wholly satisfied with our service(s), you must provide us with written notice within 12 months. You must allow us, and our insurers, to both inspect and carry out remedial work where appropriate. If you fail to notify us as outlined above, then we will not be liable in respect of any of the defects in the work carried out.
Guarantee:
For your peace of mind, we provide a 12 month guarantee on labour carried out by Diamond Plumbing & Heating, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
Manufacturer’s warranties should be queried directly with the manufacturers.
The guarantee will become null and void if the work completed by Diamond Plumbing & Heating is:
is subject to misuse or negligence.
repaired, modified or tampered with by anyone other than Diamond Plumbing & Heating. We will accept no liability for materials supplied by you, and will accept no liability for any consequential damage or fault.
We will not guarantee any work in respect of:
blockages in waste or drainage systems.
any work undertaken on instruction from you and against the written or verbal advice from Diamond Plumbing & Heating.
Fault attributed to any work performed by the customer, and not by Diamond Plumbing & Heating.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by Diamond Plumbing & Heating will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or in excess of 10 years old), no warranty is given in respect of such work, and we accept no liability in respect of the effectiveness of such work or otherwise.
Liability:
Diamond Plumbing & Heating will only be liable for rectifying our own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will 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. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or in writing.
We shall not be held liable for any delay, or consequences of any delay in performing our obligations if such delay is due to any cause beyond our reasonable control, and we shall be entitled to reasonable time extensions.
We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations, or any Gas Warning Notice issued by a Diamond Plumbing & Heating tradesperson. Our tradespeople operate under their own individual Gas Safe Registration, and as such, are solely responsible for any gas related work and subsequent liability.
Title to Goods:
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property, we have the absolute authority to:
Retake, sell or otherwise deal with or dispose of all or any part of these goods.
Enter any premises, at any time without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk of such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured. If delivered goods become damaged in your care, Diamond Plumbing & Heating will not be liable for the cost of the items or of replacing these items.
Please see the terms and conditions relating to payment and provision of special-order items above*.
General:
These Terms & Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our Terms & Conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these Terms & Conditions.
These Terms & Conditions and all contracts awarded between us and you, shall be governed and construed in accordance with English Law, and shall be subject to the exclusive jurisdiction of the English Law.
This version of our Terms & Conditions supersedes all other versions.