BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of heating and plumbing services by Profix Heating Ltd (the Trader) to
customers who require heating and plumbing services to be provided at their home or otherwise.
These Terms and Conditions apply where the customer is a Consumer as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In 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 and Heating engineer 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 Heating and 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 Heating and Plumbing Services;
“Model Cancellation Form”
means the model cancellation form attached as Schedule 2;
“Order”
means Your initial request for Us to provide the Heating and Plumbing Services as set out in Clause 4;
“Plumber”
means Us or Our employee who will be responsible for providing the Heating and Plumbing Services;
“Heating and Plumbing Services”
means the heating and plumbing services We will provide as specified in the Agreement;
“Products”
means the products required for the provision of the Heating and 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 Heating and Plumbing Services as specified in the Agreement;
“Visit”
means any occasion, scheduled or otherwise, on which the Heating and Plumbing Engineer visits the Property to provide the Heating and 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.
1.2 Each reference in these Terms and Conditions to writing, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each 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.
1.4 Each reference to these Terms and Conditions is a reference to these Terms and Conditions.
1.5 Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include the other gender.
1.9 References to persons, unless the context otherwise requires, include corporations.
Information about Us
2.1 We are Vat registered, our Vat number is 431365614
2.2 We trade under the name Profix Heating Ltd.
2.3 We are registered in the United Kingdom under number Profix Heating Ltd.
2.4 We are not currently VAT registered.
We are registered with Gas Safe registration number 629636.
Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07450297542 or by email at sales@profix-heating. com.
3.2 In 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:
3.2.1 contact Us by email at Sales@profix-heating. com; or
3.2.2 contact Us by pre-paid post at Profix Heating Ltd. 40 Adderley Ave, Nuneaton. CV10 0DQ.
Orders
4.1 We accept orders for Heating and Plumbing Services through telephone, e-mail and in writing.
4.2 When placing an Order, where relevant, You will allow a survey to place giving full access to the areas required for completing an accurate quote. You should be specific with regards to the Heating and Plumbing Services required. You will inform the surveyor with regards to any issues you currently have which may affect the quote.
All such details are set out in the Agreement.
4.3 Once a survey is completed, 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).
4.4 You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class post.
4.5 In the case of a breakdown call out, You will be responsible for settling the cost for the call out, prior to any further work taking place. You will be then receive a written
quote as per points 4.3 and 4.4.
Deposit
5.1 At the time of accepting the Quotation We will send you an invoice for the agreed deposit amount. The Deposit will be 50% of the Quoted Fee unless clearly stated otherwise.
5.2 The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.
5.3 Deposit invoice is not subject to clause 6.7 however We will not accept an order/booking until deposit is paid in full.
Fees and Payment
6.1 The Quoted Fee will include the price payable for the Heating and Plumbing Services and for the estimated Products required.
6.2 We 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, with prior agreement with You, We may adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
6.3 If 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.
6.4 We will invoice You when the Job has been completed.
6.5 You must pay any invoice on the day of receiving it unless agreed otherwise.
6.6 We accept the following methods of payment:
6.6.1 Bank Transfer;
6.6.2 Cash;
6.6.3 Card payment in person;
6.7 If You do not pay an invoice within stated payment period, We may charge You interest on the overdue sum at the rate of 4% 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.
6.8 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.
Heating and Plumbing Services
7.1 We will provide the Heating and 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).
7.2 We 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.
7.3 We 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.
7.4 We will ensure that the Heating and Plumbing Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 You will be required to organise the disposal of any waste that is accumulated as a result from completing the work at your property. If you require us to organise the disposal of waste then this will form part of the quotation.
7.7 Where a Job is to last for more than one working day, the Heating and Plumbing engineer 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.
Guarantee
8.1 Any products supplied as part of our service will be subject to the manufacturers warranty period in relation to the part only.
8.2 If the product is not supplied by Us it will not be covered under any guarantee in relation to workmanship and We will not replace the part. All fees will be chargeable.
8.3 If 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 within a 6 month period.
Your Obligations
9.1 If 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 Heating and Plumbing Services.
9.2 You will ensure that the Heating and Plumbing Engineer can access the Property at the Agreed Times to provide the Heating and Plumbing Services. Any delay in doing so will be chargeable.
9.3 You may either give the Heating and Plumbing Engineer a set of keys to the Property or be present at the Agreed Times to give the Engineer access. We promise that all keys will be kept safely and securely by the Engineer.
9.4 You must ensure that the Heating and Plumbing Engineer has access to electrical outlets and if necessary cold water and welfare services.
9.5 You must give Us at least 24 hrs notice, if You do not require the Plumber to provide the Heating and 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 24 hrs notice is given We will invoice You at the normal rate.
Complaints and Feedback
10.1 We 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.
10.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
10.2.1 By email, Jason@Profix-heating. com
10.2.2 By contacting Us by telephone on 07450297542
Changing the Start Date
11.1 If You ask Us to change the Start Date:
11.1.1 We will where reasonably possible agree a revised Start Date with You;
11.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).
11.2 If We ask You to change the Start Date, You may either:
11.2.1 agree a revised Start Date with Us; or
11.2.2 terminate the Agreement (see Clause 14).
Cancellation of Contract During the Cooling Off Period
12.1 Where 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.
12.2 If 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.
12.3 To 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.
12.4 If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
12.5 We 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.
12.6 We 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.
12.7 If the Start Date falls within the cooling off period You must make an express request for provision of the Heating and Plumbing Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:
12.7.1 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;
12.7.2 If You cancel the Agreement after provision of the Heating and Plumbing Services has begun You will be required to pay for the Heating and Plumbing Services supplied up until the point at which You inform Us of Your wish to cancel;
12.7.3 The amount due will be calculated in proportion to the full price of the Heating and Plumbing Services and the actual Heating and Plumbing Services already provided. Any sums that have already been paid for the Heating and Plumbing Services will be refunded subject to deductions calculated on this basis;
12.7.4 We will process any refund within 14 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
12.8 Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
Cancellation Before the Start Date
13.1 In 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:
13.1.1 If You cancel the Job more than 28 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.
13.1.2 If You cancel the Job less than 28 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.
13.2 We 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.
Termination
14.1 You may terminate the Agreement with immediate effect by giving Us written notice if:
14.1.1 We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
14.1.3 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;
14.1.4 We are unable to provide the Heating and Plumbing Services due to an event outside of Our control (see Clause 16).
14.2 We may terminate the Agreement with immediate effect by giving You written notice if:
14.2.1 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);
14.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
14.2.3 You and We have been unable to agree a revised Start Date under Clause 11.1;
14.2.4 We have been unable to provide the Heating and Plumbing Services for more than 4 weeks due to an event outside of Our control (see Clause 16).
14.3 For 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.
14.4 If at the termination date:
14.4.1 You have made any payment to Us for any Heating and 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;
14.4.2 We have provided Heating and 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.
Effects of Termination
15.1 If the Agreement is terminated for any reason:
15.1.1 Any 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.
15.1.2 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.
Events Outside of Our Control (Force Majeure)
16.1 We 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 .
16.2 If 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:
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Heating and Plumbing Services as necessary;
16.2.4 You or We may terminate the Agreement (see Clause 14).
Liability
17.1 We 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.
17.2 We will maintain suitable and valid insurance including public liability insurance.
17.3 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.
17.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You.
17.5 We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Heating and Plumbing Services. This is particularly important with system upgrades from low to high pressures where existing workmanship and components are in question.
17.6 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 Engineer) is limited to 5 million.
17.7 We 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 Engineer.
17.8 Nothing 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.
17.9 Nothing 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.
How We Use Your Personal Data (Data Protection)
18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and Your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www. Profix-heating. com.
Other Important Terms
19.1 We 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.
19.2 We 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.
19.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
19.4 The 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.
19.5 If 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 or these Terms and Conditions and the remainder of the provision in question will not be affected.
19.6 No 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.
Law and Jurisdiction
1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency
