Terms & Conditions
Please read the following clauses carefully as they tell you everything you need to know about the agreement you will enter into in respect of Azure Heating & Plumbing Limited. In all clauses, the company refers to Azure Heating & Plumbing Limited. If you are uncertain as to your rights under them or you want any explanation about them, please write or telephone us at the address or telephone number given.
When the company has quoted the cost of installing central heating and/or plumbing equipment or other services offered which meet the requirements of your home or business. Once you have accepted this quotation in accordance with the below clauses, the company undertakes to carry out all the works necessary to complete the work described in your specification and this quotation subject to the conditions contained in this agreement.
While every effort is made to make the allotted scheduled appointment, Azure Heating & Plumbing Ltd can not guarantee appointment times due to unforeseen circumstances. The Company will advise the customer of the date and time for works to be carried out. The Company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, the Company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only. Nor is the Company obliged to reply to every message or email received, our messages are channelled through multiple devices simultaneously, just because a message appears to be received/read does not mean it's been processed.
1 - Payment Terms:
All projects require a 50% deposit, including quoted jobs. This is an upfront payment based on the quoted price (non-negotiable), the deposit should be made on the same day as the invoice is received, the job will be provisionally booked in, but if the deposit payment is not received by the provisional job date booked, the Company reserves the right to not attend the job. Deposits are non-refundable if the client decides to pull out. Projects over a week in duration will require staged payments due at the end of each week.
All final payments will be due the day before completion of the job and necessary documentation will be handed over once payment has been made.
Payment is to be made by either Credit or Debit card, BACS, Cheque or Postal order to Azure Heating & Plumbing Limited. Limited, 2 Cuth Avallon, Truro, TR12JH.
You will be sent an invoice for payment within 24 hours of installation completion. Failure to make payment within specific time periods as outlined within the quotation and/or the Terms and Conditions, will instigate legal proceedings to commence. These will be carried by a registered Legal firm and all proceedings will be governed in accordance with English Law. Any prices or rates advised are subject to VAT at the prevailing rate.
All call-out jobs must be paid on the day of the call-out, either via a pre-payment or payment once the job is complete and the engineer is still on site.
All prolonged jobs which have required a lot of investigation (investigative jobs) will be invoiced once the job reaches £250 (incl VAT), this is regardless of whether the job is finished or not, if the job is not complete, a new fresh invoice will be generated for the remainder of the job.
1.1. Where prior written agreement has been arranged for Account Customers with the company, full payment is due within 14 days of the completion of works and delivery of invoice.
1.2. Where any services or works provided by the Company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the Company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the Company, or within 14 days of the invoice date should access not be made available – whichever is sooner.
1.3. Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the Company has agreed otherwise in writing prior to any works commencing.
1.4. The Company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.
2 - Late Payments:
Where payments are not made up on the due date as per above clauses, the company will charge daily interest on late payments at a rate of 8% above the base lending rate of Santander Bank plc, until the payment in full is received by the Company. If you paid the deposit of final balance by debit/credit card, cheque or direct debit and payment is declined, stopped or returned by the bank for any reason, the company will charge you administration costs (letters and telephone calls made to you and any other charges incurred).
3 - Call Out Fees & Charges:
The Company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work.
If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used. Our call out fee is £60 ex VAT/parts.
Charges are clearly laid on within our quotation. In situations when a quotation has not and /or cannot be provided (ie: Immediate or Emergency works), then our normal charges apply and are as follows: £60 ex VAT per hour during normal working hours (evening and weekend rates will vary).
Additional charges will be applied for the supply of any parts and materials as needed and these will be clearly laid out on the invoice, quote or estimate you receive.
4 - Acceptance of Works, Quotations, Estimates, Fixed Price Work:
The Company reserves the right to refuse or decline any work at its own discretion. Where the Company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only.
Acceptance of quotation can be made by clicking the quotation acceptance button in our Xero software generated quote, by electronic email to Hello@AzurePlumbing.co.uk or by letter to Azure Heating & Plumbing Limited. Limited, 2 Cuth Avallon, Truro, TR12JH.
Any estimate supplied by the Company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 14 days from its date.
Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price.
The estimate will set out the likely minimum costs involved based on a visual inspection by the Company and/or details supplied by the customer.
The final price will be calculated based on the original estimate and in accordance with the companies standard rate card applicable at the time of works being carried out, and may be increased above the estimated price.
In addition, the Company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the estimated price by more than 10%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).
Any estimate provided by the company may be revised in the following circumstances:
4.1. If after the submission of the estimate by the Company, the customer instructs the Company (whether in written or orally) to provide additional works or services not referenced or detailed within the estimate.
4.2. If following the submission of the estimate by the Company, there is an increase in the cost of materials to be supplied
4.3. If following the submission of the estimate by the Company, it is discovered further works and services need to be carried out which had not been anticipated.
4.4. If following submission of the estimate or works carried out, it is discovered that there was a manifest error when the estimate was prepared.
4.3 The Company reserves the right to make a charge for the collection of materials, parts and equipment from any supplier, except for works where an estimate has been provided beforehand. If the collection of said materials takes part whilst the Company is on site, the time taken for this will be treated as part of the works, and charged at the applicable rate. If any materials are ordered for subsequent collection and delivery, a charge may be made by the company of £60 + VAT.
4.4. The Company will not be under any obligation to provide an estimate to the customer. The company will only be bound to estimates provided in writing to the customer, which have also been signed by an authorised representative of the Company. The Company will not be bound to any estimates provided orally.
4.5. The customer will reimburse the Company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the customer.
5 - Title in the Goods:
Title in good will not pass to the Buyer but shall be retained pending payment in full of the price. Until such time as title passes to the Buyer, the Seller shall have an absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them.
For the purposes specified above, the Seller or any of their agents or authorised representatives shall be entitled at any reasonable time during normal working hours to enter without notice onto any premises where the goods or any part of the goods are installed, stored or kept or are reasonably believed to be.
The Seller shall also be entitled to seek an injunction to prevent the Buyer from selling, transferring or otherwise disposing of the goods.
6 - Minor Defects:
In the event of any alleged minor defects the customer shall not be entitled to withhold more than 5% or £250 (whichever is greater) of the balance due. Once the company has corrected the minor defect, the withheld amount, 5% or £250 must be paid in full.
7 - Date for Works Carried Out:
If you require a particular date for the works to be carried out, the Company will do all that it reasonably can to meet the dates given for the installation. The Company also understands that there might be instances when a date for installation cannot be met by you, and as a result no party shall be liable for costs or able to cancel this agreement. In case of unforeseen circumstances, beyond reasonable control of the company or you, the Company will contact you and agree to an alternative date.
The Company will advise the customer of the date and time for works to be carried out. The Company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, the company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only.
The Company will carry out the whole of the work specified in the quotation at the price quoted during normal hours, which are between 8am and 5.30pm Monday to Friday. Any variations or additions requested by you will be subject to an additional charge and if the company is delayed or prevented from installing by the agreed date due to delay or default on your part, the company may on written notice to you add to the charges at a reasonable sum in respect of any additional costs incurred.
8 - Consents & Permissions:
You shall at your own expense obtain all necessary consents for the installation of the works, including (without installation) building regulations and planning consents, consents from neighbours and mortgages.
If you are a tenant, you may need your landlord’s permission for an installation to be carried out. The company will assume such permission has been granted and shall have no liability for any loss or damage arising from failure to obtain such permission.
You will provide reasonable access to enable installations to be completed. You will also be required to provide the necessary service utilities for installation at no charge.
9 - Gas Supply on Premises:
Your order as accepted subject to the condition that there must be an adequate gas supply to the dwelling prior to the commencement of the work. Without prejudice to the company’s rights where such supply is not laid to enable work to commence, the company may cancel the contract and shall not have any liability for any costs, loss or damage arising from such cancellation. In certain circumstances the size of the existing gas rate cannot always be determined. If a new gas line is required, this will be charged at our standard hourly rates as set out and will be in addition to the quoted price.
10 - Dangerous Waste Materials:
The prices specified in this agreement do not include the price of removing any dangerous waste materials such as asbestos found when carrying out the installation. If during the execution of the works, asbestos is encountered, the company reserves the right to withdraw its installation staff immediately until the site is made safe. The cost of removing asbestos is not included within the price. However, the company upon request of the customer will provide a cost for removing asbestos and will add this fee to the total quote.
11 - Existing Plumbing/Heating Systems:
Where the company needs to connect new equipment to your existing plumbing or heating system, it will not accept liability for the cost of repairing or replacing parts of your existing system, which subsequently develops faults. In certain situations the company may charge for visits made to your home by the company’s engineer if your system is faulty or has developed a fault after the installation has been conducted. The company will not accept liability where your central heating/plumbing system does not function properly because your water supply becomes inadequate or the water pressure becomes invariable.
Azure Heating & Plumbing Limited accepts no responsibility for any existing installations that are present. This relates in particular but not only to any pipework, radiators and radiator valves, heating valves, valves, pumps, shower pumps, electrical controls and/or bathroom / WC services that might be affected by water pressure issues, or as a result of a conversion from a tank fed system to a sealed system or from power flushing of pipework and radiators. This change to a higher pressure rated system and power flushing can cause leaks in components that Azure Plumbing will not be liable for.
Any cost of repairs for which Azure Plumbing is not liable for will be charged in accordance with our standard company charges. If your system is excessively full of magnetite and sludge, a further power flush might be required at some point later (eg. 3 years). Further power flushes will be chargeable at our standard power flush rates. Furthermore, if the buyer has requested that an existing appliance be re-installed or moved (eg. boiler), Azure Heating & Plumbing Limited. accepts no liability for any internal leaks or malfunctions of this boiler, as a direct result of this installation.
12 - Manufacturer Warranties for Boilers/Cylinders:
The warranty for a boiler and or cylinder will be covered by the manufacturers as agreed in the quotation. The warranty only applies to the boiler. It does not apply to any existing parts of the system. All other works carried out by Azure Heating & Plumbing Limited. (labour only) are guaranteed for 1 year. However, any existing components or pipework not changed are not included within this guarantee. Furthermore, all boilers need to be serviced annually to remain under warranty.
If the warranty becomes void due to the appliance not being serviced, then Azure Heating & Plumbing Limited. accepts no responsibility for this. We will contact our clients to remind them to have it serviced, but the responsibility of having it done lies with the customer.
13 - Removal of Flooring:
The company accepts no liability for the removal of any carpets, linoleum and special types of flooring, eg. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation, accept in circumstances where the company has been negligent.
The company will take all reasonable care to carry out the installation. However, you accept that the installation including removing or destroying existing fixtures or fittings may cause damage to your decorations and fittings in your home. This provision does not exclude the company’s responsibility for damage, which is beyond which is reasonably commensurate with the installation. It is anticipated that certain areas in your home may need redecoration following completion of the central heating installation. This will be your responsibility and is not included in the price.
14 - Insurance:
All Azure Heating & Plumbing Limited. Employees and agents are insured against loss or injury through their negligence.
The company shall not have any liability for any failure to perform its obligations under any quotation if it is prevented from doing so by any cause reasonably beyond its control; including without limitation; adverse weather conditions, fire, accident or war, a failure or delay attributable to any electricity, water or gas network, the act or omission of any party for whom the company is not responsible.
15 - Loss or Damage:
The company will not be liable under this agreement for any loss or damage caused by the company or its employees or agents in circumstances where;
15.1. There is no breach or illegal duty of care owed to you by the company or by any of the company’s employees or agents.
15.2. Such loss of damage is not a reasonably foreseeable result of any such breach.
15.3. Any increase in loss or damage resulting from breach by you of any term of this contract.
15.5. The company does not exclude any liability for loss of or damage to property directly resulting from the company’s breach of the agreement, but the company’s liability for such loss or damage shall be limited to those losses which are of a foreseeable consequence of the breach in respect of any one incident or series of incidents whether related or unrelated in any period of twenty-four months.
15.6. To complete your installation the company will use its authorised employees or agents. All contractors approved by the company are qualified and Gas Safe registered and chosen carefully to carry out high standards or workmanship.
16 - Guarantee:
The company shall provide a free guarantee for the period of 12 months. This applies to workmanship/labour only and not to parts/materials (the warranty length for boilers will be made clear in the quotation stage).
However, the above warranty is subject to the following conditions:
16.1. The fault is not due to your existing radiators and/or pipework, valves, pumps, pressure or boiler.
16.2. The work carried out has not been properly kept, used, serviced and maintained in strict accordance with the manufacturers or the companies instructions and has not been modified except with the companies consent.
16.3. The fault is not due to accidental or wilful damage, fair wear and tear, misuse, interference with or maintenance/repair work by a third party.
16.4. The customer makes no further use of works after the defect had been or ought to have been discovered, nor uses any third party to repair.
16.5. All free guarantee work will be carried out during normal working hours.
16.6. Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.
16.7. Where attendance of the company's engineer is needed for any purpose other than a scheduled maintenance visit or for the company to meet its guarantees as per above clause, a charge for such attendance will be made. This will need to be paid on the day of the engineers visit. If on attendance to your premises by the company's engineer it is established that the fault on the system is covered by your free guarantee and does not concern your existing system, any monies paid by you will be refunded.
16.8. Any guarantee provided by the Company shall be for labour only, in respect of faulty workmanship from 12 months of the date of completion. Any parts, equipment or components supplied by the company may be covered by their respective manufacturer’s warranty if applicable, the Company does not guarantee parts or materials.
The Companies guarantee will become null and void if the work/appliance completed/supplied by the company is:
16.9. Subject to misuse or negligence.
16.10. Repaired, tampered with or modified by anyone other than a Company operative/representative. The Company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result.
16.11. The Company is unable to guarantee any work in respect of blockages in waste and drainage systems and water pressures changes.
16.12. The Company is unable to guarantee any work which has been undertaken on instruction by the customer, against the companies/operatives advice/recommendations.
16.13. The Company will only guarantee work directly undertaken by the Company and its employee’s. Any work carried out on behalf of the company by agents or sub-contractors will be guaranteed under their own respective policies.
16.14. The Company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.
16.15. The Company will not guarantee work where the customer has been notified either verbally or in writing by the company of any related work which requires attention.
16.16. The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe Engineer.
17 - The Repair Period
The Company undertakes to make good and repair any defect in completed work, which appears within 12 months of the complete date of the same, to the extent that such defect arises from the breach of the companies obligations under this contract, this guarantee applies to workmanship only and not parts/materials.
All defects must be notified to the Company by the customer in writing within this period, and submission of evidence of such defects, and the Company and its insurers must be provided the opportunity to inspect the work and any alleged defect if required.
This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.
Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the Company, the Company reserves the right to make a charge to the customer for the inspection visit at its standard rate.
The Company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the Company, or where full payment has not been received for said work.
17.1. Any parts or materials supplied by the Company.
17.2. Any systems or structures which have not been installed by the Company.
17.3. Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.
17.4. Any structural defects, such as but not limited to subsidence and its resultant effect.
17.5. Any damage to drainage systems caused by any outside force or root penetration.
18 - Permits, Licenses, Regulations And Other Consents/Access
18.1. It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company.
The Company will not be held responsible for any damage to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re-positioning, extra charges will be incurred.
The customer shall provide clear access to enable the company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.
The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary.
The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
18.2. The customer will at all times ensure the environment is safe for the Company and its employee’s/representatives for the purpose of carrying out the works.
18.3. Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the Company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.
18.4. By instructing the Company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay b the customer in performing the obligations as detailed above.
19 - Safekeeping of Goods:
After delivery of any goods from the company, you will be responsible for their safekeeping and you should make sure that you are adequately insured against loss or damage which may occur to those goods.
20 - Indemnity:
The customer shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings and representations and warranties in connection with this contract.
21 - Limitation of Liability:
The Company’s liability shall be limited to:
21.1. The repair or making good of any defect pursuant to and subject to paragraph 16 & 17 above.
21.2. Liability for personal injury or death resulting from negligence in the course of carrying out the companies duties
21.3. The Company will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property, or weakness in existing fixtures and fittings.
21.4. The Company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.
21.5. If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone or sealant work does not carry any guarantee.
21.6. It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items.
Subject to paragraph 15, 16, 17 & 21 and the exclusions listed below, the Company undertakes to make good and repair any defect in completed work, which appears within six months to the day of the complete date of the same, to the extent that such defect arises from the breach of the companies obligations under this contract.
All defects must be notified to the Company by the customer in writing/email only within this period, and the Company and its insurers must be provided the opportunity to inspect the work and any alleged defect.
This inspection shall only apply to work carried out and completed by the Company that has been paid in full by the customer.
Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the Company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate.
The company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the Company, or where full payment has not been received for said work.
22.1. Any parts or materials supplied by the Company will only be provided with the manufacturers or suppliers guarantee if applicable, and are not guaranteed by the Company
22.2. Any systems or structures which have not been installed by the Company
22.3. Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.
22.4. Any structural defects, such as but not limited to subsidence and its resultant effect.
22.5. Any damage to drainage systems caused by any outside force or root penetration.
All agreements are personal to the client and not transferable to without written authority from Azure Heating & Plumbing Limited. Limited.
NOTICE OF RIGHT TO CANCEL
Following the Company’s acceptance of our order, in accordance with terms above and in conjunction with the “Cancellation of Contracts made in a Consumer's Home or Place of Work Regulations 2008 you are entitled to a 14 day cooling off period commencing from the date of the contract. You have a right to cancel the contract within this period (not if works have commenced however) and this right can be exercised by delivering, or sending (including by electronic mail) cancellation notice to Azure Heating & Plumbing Limited. Limited, 2 Cuth Avallon, Truro, TR12JH or by email to Hello@AzurePlumbing.co.uk at any time within the 14 days starting with the day of receipt to notice in writing of the right to cancel the contract. We will permit you to cancel the contract by sending the written notice no later than 14 days after the date on which acceptance of the works took place. If you request cancellation at a later date, then unless we are in breach of contract we have the right to refuse or retain all or part of your deposit.
If the customer cancels any contract with the Company, without the companies consent, the customer agrees to indemnify the Company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment in accordance with Paragraph 1 and 4.
In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing (email or letter) to the Head Office at Azure Heating & Plumbing Ltd at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within seven working days (excluding the busy period between September-March, when it may take longer to resolve any issues).