For the purpose of these terms and conditions the following words shall have the following meanings: 1. The Company shall mean Expert Plumbers Partnership
(a) The Customer shall mean the person or organisation for whom the company agrees to carry out works and/or supply materials.
(b) The operative or engineer shall mean the representative appointed by the company. 2. The Company reserves the right to refuse or decline work at its own discretion. Where the company agrees to carry out works for the customer, those works shall be undertaken by the designated operative of the company at its absolute discretion. 3. Hourly rates work. The total charges to the customer shall consist of materials supplied by the company (not exceeding the trade purchase of the materials plus 20%) and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the company’s current hourly rates. The customer shall only be charged for the time spent in relation to the customers work. All charges are subject to VAT at the prevailing rate. 4. Fixed Price work shall be given as a firm cost, (manifest errors exempted) including labour and materials and shall be within 10% of price given. 5. Invoices are due for payment immediately upon delivery to the customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 15% over the base rate until payment in full is received by the company. 6. 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 operatives attend on the date and at the time agreed. However, the company accepts liability in respect of the non attendance or late attendance on site of the operative or for the non delivery of materials. 7. The customer shall accept sole liability to discharge the company’s account unless he/she discloses to the company when initially instructing the company to carry out work and/or supply materials that he/she is acting on behalf of a third party. 8. If the customer cancels their instructions prior to any work been carried out or materials supplied then the customer shall be liable for any related expenditure together with the profit that would have been made by the company had the work been carried out and/or materials supplied in accordance with such instruction. 9. If after the company shall have carried out the works, the customer is not wholly satisfied with the works then the customer shall give notice in writing within 12 months 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. The customer accepts that if he/she fails to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out. 10. The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The guarantee shall become null and void if the work appliance completed/supply by the company is subject to misuse or negligence, repaired, modified or tampered with by anyone other than the company operative. The company will accept no liability for, or guarantee suitability for materials supplied by the customer and will not accept no liability for any consequential damage or fault. 11. The company will not guarantee any work in respect of blockages in waste and drainage systems. The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer. 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. 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. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicates in ticked boxes or in comments/recommendations of any other related work which requires attention. If any other related work which requires attention the customer shall be solely liable for any hazardous situation in respect of Bord Gais regulations or notice of hazard issued. 12. Where the company agrees to carry out works on installations of inferior quality or over 10 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. 13. Engineers operate under their own RGI registration and as such are solely responsible for only gas related work and subsequent liability. 14. The company shall be entitled to fully recover costs or damages from any operative engineer contractor whose negligence or faulty workmanship results in the company being made liable for those damages or rectifications of the work. 15. Title to any goods supplied by the company to the customer shall not pass to the customer but shall be retained by the company until payment in full has been made by the customer to the company. 16. 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 clause whatsoever.