This Agreement is concluded between Neil Shacklock Plumbing & Heating Contractors Limited (NSL) and Yourself, the Customer identified overleaf (Quotation page), in respect of the Works/Services, on the basis of these Terms and Conditions (Agreement).

Definitions:

The following terms shall have the meanings set out below unless stated otherwise:

Agreement: These Terms and Conditions, together with Quotation page, constitutes the whole Agreement between the Parties (Agreement).
Customer: Party as noted overleaf on the Quotation page;
Credit Agreement: the agreement in place with a finance company of Our choosing.
First Payment For Services (Protection Plan): the First Payment for Services will become due one month (30 days) after signing this Agreement.
Our, Us, We: Neil Shacklock Plumbing & Heating Contractors Limited (NSL);
Parties: NSL and the Customer as noted and signed by on the Quotation Page;
Price: the amount payable by You for the provision of the Works/Services/Products as set out in the Quotation page;
Product: any item which is sold to the Customer by NSL either separately or in order to carry out any Services or Works.
Qualified: the engineer sent to carry out the Works/Services will have the relevant qualifications to carry out the Works/Services requested. We will endeavour to maintain Our engineers levels of qualifications where necessary.
Quotation page: The front page of this Agreement (overleaf) which states the quotation made to the Customer, as well as but not limited to the commercial terms and the signature clause.
Services: The protections plans that We supply You as set out in this Agreement, or any other Services We supply or You require that We provide to You from time to time;
Term: The period which We agree to provide the Services/Works. Unless otherwise specified to the contrary in this Agreement, the Term of each Service shall be ongoing unless terminated sooner by a Party in accordance with this Agreement;
Terms and Conditions: the Terms and Conditions set out in this Agreement (as amended from time to time);
Standard Installation: the minimum work required to carry out the Works set out in the Quotation page;
Start Date: The date specified in this Agreement as being the date the Agreement was signed by You and therefore started between the Parties;
Works: The Work or Works that We supply You as set out in this Agreement (on the Quotation page), or any other Works We supply or You require that We provide to You from time to time;
You, your: the Customer as specified in this Agreement as stated on the Quotation Page.

GENERAL

We reserve the right to revise this Agreement from time to time in line with relevant changes in laws and regulatory requirements. We will give You reasonable notice of changes We intend to make and give You the opportunity to review Your Agreement and its continuation.

The headings are for ease of reference only, and do not affect the interpretation of the overall Agreement.

Our obligations

  • We undertake to carry out the Works/Services specified in the Quotation page, subject to the following Terms and Conditions.
  • We will take reasonable skill and care to carry out these Works/Services.
  • We will send out the appropriately Qualified employee for the Works/Services required.
  • We will carry out all Our work during normal business hours, which are 7:30am to 5:00pm, Monday to Friday. There will be additional charges for any works carried out outside these times (unless the Agreement states otherwise).
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by an event outside Our control in accordance with clause 16.
  • If an event outside Our control takes place that affects the performance of Our obligations under this Agreement:
    • We will contact You as soon as reasonably possible to notify You; and
    • Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the event outside Our control.
  • Where the event outside Our control affects Our delivery of Works or Services to you, We will arrange a new delivery date with You after the event outside Our control is over.
  • In some instances We reserve the right to use sub-contractors. All sub-contractors are approved by Us and are fully Qualified and Gas Safe Registered and carry Gas Safe Identity Cards.

Quotation

  • The quotation given on the Quotation page overleaf is valid at the time of quotation and, if not accepted by You, will expire within 28 days.
  • The quotation is subject to the Works/Services commencing within 90 days of the date the quotation is accepted.
  • There may be additional reasonable costs added to the Price in the event We become aware of something during the performance of the Works/Services that could not have been reasonably foreseen when giving the original quotation.

Your obligations

  • To pay the amounts stated within this Agreement, please note that cancelling Your direct debit with Your bank (if applicable) will not cancel Your Agreement with Us, You may still incur charges in accordance with these Terms and Conditions.
  • To allow Us access to Your property, within the requested and agreed time period.
  • If We cannot gain access to Your property, We will be unable to carry out Our obligations. If this happens, We will contact you to arrange another appointment. If We are unable to contact You or do not hear from You to arrange another appointment we have the right to terminate this Agreement.
  • We have the right to terminate if on our rescheduled appointment We cannot gain access to Your Property.
  • If you give us cause to terminate this Agreement as per clause 6.3 and 6.4 We will do so in writing to You. In this event You will need to pay for any Works/Services already performed by us.
  • If You require any planning permissions to be applied for and granted in order for Us to undertake the Works/Services it is Your responsibility to acquire and pay for these, if necessary, before We commence the Works/Services.
  • You must ensure before We commence the Works/Services, that there is adequate gas and electricity supply to Your property as required.
  • If requested by Us, You must ensure that all of the requested carpets and floor coverings, including, but not limited to, tongue and grooved, parquet hardwood, rubber or tiled floors are removed before We commence the Work/Services. We will endeavour to give You as much notice as possible of this if it is required. It will be Your responsibility to replace the flooring once the Works/Services have been completed.
  • You must remove any dangerous waste material from the property at Your own expense (such as asbestos) before the Works/Services commence. You must provide Us with clean air certificates if such removal work is undertaken.
  • If works have commenced and dangerous waste materials are found, We will cease work with immediate affect, where upon it will become Your responsibility under 6.7 to remove the waste material. In this event You will need to pay for any Works/Services already performed by us.
  • If You fail to deal with any dangerous waste material, You will be liable for any claims that We or anyone else brings against You.

Landlord Safety Records (where applicable)

  • Where this clause is applicable We will only check and issue Gas Safe Records for the gas appliances that are included within this Agreement under our Services/Works.
  • We can inspect for safety or service any other gas and/or electrical appliances not included in this Agreement at an extra cost.
  • After the inspections on the gas and/or electrical appliances, We will send you a Gas Safety Record and/or electrical installation certificate showing that We have done a safety inspection, which will include details of any faults We have found and repairs needed. If You or We cancel this Agreement after We have provided a Gas Safety Record/electrical installation certificate, We will not refund our fee for providing this.

Payment – Works

  • The deposit sum shown on the Quotation page overleaf becomes due immediately upon you accepting the quotation, before Works commence.
  • The rest of the balance (quoted sum minus the deposit)will be invoiced to you upon completion of the Works and will become due 14 days after the date of the invoice.
  • For one-off repairs/Works, full payment will be taken before the repair/Works is undertaken.
  • All prices and charges include VAT at the current rate.

Payment – Services

  • Following Your First Payment, You will be liable for payments for the Services for the Term of Your Agreement.
  • Payments for Services will be made by direct debit on a monthly basis.
  • All prices and charges include VAT at the current rate.

Payment – Credit Agreement

  • If You have opted to pay for the Works/Services via our Credit Agreement You will abide by the terms and conditions set out in that agreement as well as this Agreement.
  • If You have signed a Credit Agreement which relates to this Agreement, your Credit Agreement will automatically be cancelled if this Agreement is cancelled or terminated. Either Party may cancel or terminate this Agreement in accordance with Clauses 17,18, 19 20, 21 and 22.

Non-Payment

  • If You fail to pay any sums due under this Agreement, We will have the right to charge interest on the amount due at a rate of 2% percent per annum above the current Barclays Bank Plc’s base rate. This will accrue on a daily basis from:
    • the date of completion of the Works; or
    • on the date the sum became due for the Services,

until the date of payment of the overdue balance or judgement the Customer shall pay the interest together with the overdue amount.

  • If You fail to pay any sums due, You also become liable for any additional administrative, legal or other costs incurred by Us in pursuance of Your non-payment.

Product Warranty

  • Equipment We install may come with separate manufacturer’s warranty’s. You are responsible for checking whether a separate warranty applies to the equipment We install and maintaining that warranty with the manufacturer directly.

Guarantees

  • We guarantee all parts and labour for 12 months from the date of installation/repair. Any guarantees do not affect Your legal rights under the Sale of Goods Act 1982.

Liability

  • Neither Party’s liability is excluded or limited:
    • For death or personal injury caused by it’s negligence, or the negligence of its employees, agents or subcontractors;
    • For fraud or fraudulent misrepresentation;
    • Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982;
    • Breach of the terms implied by Section 12 of the Sale of Goods Act 1979; or
    • Defective products under the Consumer Protection Act 1987.

Liability for Businesses ONLY

  • We do not accept any liability for any losses incurred by You or any third party as a result of Your or their reliance on the information We have provided to You or them.
  • Under no circumstances whatsoever would We be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract, for any:
    • Loss of actual or anticipated profits;
    • Loss of actual or anticipated savings;
    • Loss of business;
    • Loss of opportunity;
    • Loss of contracts; or
    • Any indirect or consequential loss.

Whether We were notified, or knew of the likelihood of, that loss or type of loss arising.

  • Our total liability to You in respect of direct losses (and all other losses) arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed 200% of the quoted amount (stated on the Quotation page) set out in this Agreement up to a maximum amount of £5,000.00.
  • Any claim under this clause must be notified to Us within one month of the incident to which the claim relates being first identified.

Accidental Damage/Faults

  • We will endeavour to carry out the Work/Services without causing unnecessary damage to Your property. Whilst We shall make every effort to comply with this, there will be times where accidental damage is caused. We will make good this damage (where it is directly caused by Our negligence).
  • You accept that works may cause damage to decorations both externally and internally and certain areas may need repairing/redecorating following completion. This damage is Your responsibility to repair/redecorate at Your own cost.
  • We will not be liable for any loss or damage to Your property (including any cleaning needed) which is caused by You (accidentally or not) or any leaks caused when providing the Works/Services. In relation to any leaks we will be liable for loss and damage if the leaks occur due to our negligence.
  • We will not include the repairing of faults or damage or replacement of appliances/systems caused by, but not limited to, freezing weather conditions, subsidence, structural repairs, accident, fire, lightning, explosion, flood or storm. You must check Your household insurance to make sure you have enough cover for these risks.
  • If access has to be made to your appliance, boiler or system We will fill in any holes and leave the surface level but We will not replace the original surface or construction. Any redecoration or repaid or damage that may be needed following Our work is Your responsibility (unless We have been negligent).
  • Where We have connected new equipment to Your existing system, We will not accept responsibility for the cost of repairing or replacing parts of Your existing system which subsequently develops faults in that system unless We have been negligent in not realising that such damage may occur or the way We carried out the work caused the fault.
  • We will not accept responsibility where Your central heating system does not function properly because Your water supply becomes inadequate or the water pressure is variable.
  • We will not include the cost of repairs needed because of design faults (unless We are responsible), or faults which existed before You entered into this Agreement, or which We could not identify on Your first service or inspection of Your system or appliance using reasonable care and skill.

Force Majeure

  • An event outside our control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, 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.
  • No failure or omission by either Party to comply with this Agreement shall give rise to any such claim as a breach of contract if such failure or omission arises from (but not limited to) the reasons stated in 16.1.

Cancellation /Cooling Off Period – For consumers Only

  • You are entitled to cancel this Agreement at anytime within fourteen (14) days (Cooling Off Period) starting from:
    • the date this Agreement is signed;
    • the date You receive written confirmation of this Agreement; or
    • the date the Product is delivered.

which ever is the latter.

  • If You wish to cancel in the Cooling Off Period, You must do so in writing and send this either personally, by recorded delivery or registered post to:
    • Neil Shacklock Plumbing and Heating Contractors Limited, Brierley Park Close, Stanton Hill, Nottinghamshire, NG17 3FW;

Or email to:

  • Notice of cancellation is deemed to have been served as soon as it is posted or sent to Us, or in the case of electronic communication, from the date it is sent to Us.
  • Upon receiving Your notice of cancellation, We will refund any deposit or monies paid within thirty (30) days and terminate this Agreement.
  • You lose the right to cancel this Agreement under this Clause if the Works/Services have been fully carried out during the Cooling Off Period stated in 17.1 and You have consented for the Works to be performed or for Services delivered during this Cooling Off Period.
  • If You chose to cancel this Agreement in relation to the Cooling Off Period, and have not waived Your right to a Cooling Off Period, once any Products have been supplied/delivered, and installation of the Product has already occurred You will be liable for fees in relation to the cancellation.
  • This clause does not apply to You if you are a Business.

Termination – Works – Your Rights

  • You may terminate this Agreement for Works after the Cooling Off Period (as stated in clause 17) upon giving Us 72 hours notice in writing before Works commence.
  • If You give notice to terminate in accordance with 18.1, You will forfeit Your deposit.
  • In the event of a termination of this Agreement for whatever reason, except where expressed to the contrary, You will still remain liable to pay the full Price under this Agreement if Works have commenced.
  • You may cancel the Agreement if an event outside Our control takes place and You no longer wish Us to provide the Works.

Termination – Works – Our Rights

  • We may terminate this Agreement for Works after the Cooling Off Period (as stated in clause 17) upon giving You 24 hours notice in writing before Works commence.
  • If We give You notice to terminate the Agreement in accordance with 19.1, without relying on one of the reasons outlined in 19.3 We agree to pay to You Your deposit.
  • Not withstanding anything within this Agreement, We may, at Our option, terminate the Agreement if:
    • You fail to pay the deposit within the timescales set out in this Agreement;
    • You fail to accept the quotation given within the timescales set out in this Agreement;
    • You commit any other material breach of this Agreement, and in the case of a breach which is ongoing and capable of being remedied, have failed to do so within seven (7) days, after a written request by Us to remedy the breach.
    • You have a receiver, or administrative receiver or liquidator or trustee in bankruptcy appointed over You or any part of Your undertaking or assets, or a resolution for Your winding up is passed, if a court of competent jurisdiction makes an order to that effect, or if You become insolvent or subject to an administration order, or if You enter into any voluntary arrangements with Your creditors, or if You cease or intend to cease to carry on business.
  • We will only cancel this Agreement if the event outside Our control continues for longer than 12 weeks in accordance with Our termination rights.

Termination – Services – Your Rights

  • You may terminate this Agreement for Services after the Cooling Off Period (as stated in clause 17) upon giving Us 7 days notice in writing.
  • If Your agreement is cancelled after the Cooling Off Period, We may charge You an amount to bring any payments You have made, in the last 12 months, up to the yearly value of Your Agreement. This will depend on the date of cancellation. This charge covers the costs We have had to pay but which We have not yet reclaimed at the point of cancellation.
  • You may cancel the Agreement if an event outside Our control takes place and You no longer wish Us to provide the Services.

Termination– Services – Our Rights

  • We may terminate this Agreement for Services after the Cooling Off Period (as stated in clause 17) upon giving You reasonable notice in writing.
  • If We terminate this Agreement for Services in accordance with clause 21.1 without relying on one of the reasons outlined below, You will not be liable for any further payment in relation to this Agreement, except for any Services that have already commenced or been undertaken.
  • Not withstanding anything within this Agreement, We may, at Our option, terminate Your Agreement for Services if:
    • You fail to accept the quotation given within the timescales set out in this Agreement;
    • You have given us false information;
    • You do not make an agreed payment;
    • You commit any other material breach of this Agreement, and in the case of a breach which is ongoing and capable of being remedied, have failed to do so within seven (7) days, after a written request by Us to remedy the breach;
    • You have a receiver, or administrative receiver or liquidator or trustee in bankruptcy appointed over You or any part of Your undertaking or assets, or a resolution for Your winding up is passed, if a court of competent jurisdiction makes an order to that effect, or if You become insolvent or subject to an administration order, or if You enter into any voluntary arrangements with Your creditors, or if You cease or intend to cease to carry on business.
  • Not withstanding anything within this Agreement, for Agreements concerning gas boilers, gas appliances or heating systems, We may, at Our option, terminate Your Agreement for Services if:
    • We find something wrong at the first service;
    • We have advised You that permanent repairs or improvements are needed to make sure Your appliance or system works properly and You do not follow Our advice within a reasonable time period. (This advice may include replacing Your boiler or system);
    • If Your appliance or system is not on Our approved list or we are not reasonably able to find parts to keep Your system or appliance working safely;
    • We become aware of circumstances (including health and safety issues) which make it inappropriate for the Agreement to continue.
  • If We cancel your Agreement We will:
    • For Agreements concerning gas boilers, gas appliances or heating systems give You a full refund if We find anything wrong at the first service;
    • For Agreements concerning gas boilers, gas appliances or heating systems that do not include a First Service, if We cancel because We find Your appliance or system is not on Our approved list or parts are no longer available to undertake the repair, give You a refund of the amount paid in the current period of insurance only or;
    • In all other circumstances in which We cancel your Agreement, give you a refund based on how long is left of any 12-month cash, cheque, credit card or debit card payment You have already made, after any applicable minimum payment have been met.
  • We will only cancel this Agreement if the event outside Our control continues for longer than 12 weeks in accordance with Our termination rights.

Termination

  • Termination of this Agreement will not affect any of the rights or liabilities of either Party, nor will it affect coming into force or the continuance in force of any of these Terms and Conditions which is expressly, or by implication, intended to come into or to continue in force on or after termination.

Personal Information

  • We or Our agents may use Your personal information from time to time to:
    • Identify You;
    • Contact You with regard to Your account, Services, Works and Products;
    • Pass this on to a third party such as (but not limited to) the Credit Agency;
    • Credit Check Purposes;
    • Products, Services, Works and/or accounts improvement;
    • Marketing purposes;
    • Train staff;
    • Create data and statistics to analysis customer information and trending;
  • We may pass Your information to third parties for their use, including organisations that supervise and regulate the Services/Works We are providing.
  • We may monitor and or record any communication You have with Us.
  • We will endeavour to hold all personal information in a secure way.

Variations/Amendments

  • Any variation or amendments to this Agreement shall not be effective unless they are in writing and signed by both Parties.

Third Party Rights

  • No other person or company, other than You, will be able to benefit from this Agreement.

Severance

  • If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.

Governing Law

  • This Agreement is made under the laws of England and Wales and comes under the exclusive jurisdiction of the courts of England and Wales.
  • This Agreement, for all Products, Services and Works are written in English and all correspondence entered into shall be in English.