TERMS OF USE | bluemotion plumbing

Terms of Use & Service

Our Standard Terms of Use & Service for BlueMotion Plumbing

General
Definitions
Acceptance of work
Estimates
Permits, Licenses, Regulations, Other Consents and Access
Health and Safety
Installations, Liability and Warranties
Prices and Payments
Availability
Parking
Removal of Waste and Materials
Frozen Pipes
Satisfaction and Defects
Complaints Procedure
Illustration and Descriptions of Work
Force Majeure
Indemnity
Cancellation

1.1. Please read all the clauses carefully, as they will tell you everything you need to know about the service agreement you will enter into, in respect of BlueMotion Plumbing or any appointed agent. In all clauses, the “Company” refers to BlueMotion Plumbing or any appointed agent. If you are uncertain as to your rights under them or want any explanation about them, please write or telephone us at the address or telephone number given.

1.2. This agreement is personal to you and not transferable without written authority from the Managing Director of BlueMotion Plumbing.

2. Definitions

2.1. In these terms of use & service, the “Customer” means the customer for whom the works are to be carried out by BlueMotion Plumbing. The “Company” means BlueMotion Plumbing, or whoever the case may be, a franchisee, sub-contractor or representative of the company carrying out business pursuant to a Franchise/Subcontract Agreement entered into with the company.

2.2 What Do We Mean by “Services”? Anything offered by BlueMotion Plumbing, across all the trades we cover (Plumbing, Heating, Drains, Bathrooms, Electrics, Carpentry, Appliances, Roofing, Building, Emergencies and Commercial): Enquiries, Estimates, Project Work, Installations, Repairs, Emergency Call Outs, Servicing, Guarantees.

3. Acceptance of Works

3.1. For the purposes of these terms, “in writing” includes by email and any document which is set out in a handheld device and any signature on a handheld screen shall be treated as in writing, or an “accept” work button via your online portal.

3.2. 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.

3.3. 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.

3.4. 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.

3.5. Acceptance of an estimate can be made by electronic email to bluemotionplumbing@gmail.com or by letter to: BlueMotion Plumbing, 18 Allandale Gardens, Lancaster, Lancashire, LA1 5JN, or via the accept button on your estimate on your email.

4. Estimates

4.1. The company has estimated the cost of installing central heating and/or plumbing equipment that meets the requirements of your home. Once you have accepted this estimate in accordance with below, the company undertakes to carry out all the works necessary to complete the work described in your specification and this estimate subject to the conditions contained in this agreement.

4.2. 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.

4.3. 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 company’s standard rate card applicable at the time of works being carried out, and may be increased above the original 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).

4.4. Any estimate provided by the company may be revised in the following circumstances:

4.4a. 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.

4.4b. If following the submission of the estimate by the company, there is an increase in the cost of materials to be supplied.

4.4c. 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.

4.4d. If following submission of the estimate or works carried out, it is discovered that there was a manifest error when the estimate was prepared.

4.5. The company reserves the right to make a charge for the collection of materials, parts and equipment from any supplier. 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. Though we will make our greatest endeavour to collect the required parts/items before arriving on site and add this cost into the original estimate.

4.6. 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.

4.7. 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.

4.8. 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 an alternative date.

4.9. The company reserves the right to carry out the whole of the work specified in the estimate during normal working hours, which are between 8am and 5.30pm Monday to Friday. Any variations or additions requested by you could 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.

5. Permits, Licenses, Regulations, Other Consents and Access

5.1. It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation are granted. If planning permission is necessary prior to installation work is to be carried out by the company, this must be obtained beforehand, or notified so an application can be made (this will be charged at our standard hourly rate). Also, 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 requires removing or re-positioning, extra charges will be incurred.

5.2. 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.

5.3. Your order as accepted subject to the condition that there must be an adequate gas, water and electricity 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.

5.3a. In certain circumstances the size of the existing service cannot always be determined. If an upgrade/new service pipe/cable is required, this will be charged at our standard hourly rates as set out and will be in addition to the estimated price.

5.3b. Shut off valves to incoming mains should be functioning correct to allow safe isolation of the service into the build. If work cannot be carried out due to not being able to isolation the service in question, then we reserve the right to charge for the visit.

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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 by the customer in performing the obligations as detailed above

6. Health and Safety

6.1. 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 can provide a cost for removing asbestos and will add this fee to the total estimate or pass the cost over to the customer.

6.2. 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.

6.3. Construction (Design and Management) Regulations 2015. Whatever your role in the construction project, CDM 2015 aims to improve health and safety in the industry by giving guidance on how to sensibly plan the work, so the risks involved are managed from start to finish. We try our best efforts to follow these guidelines set out by this document.

7. Installations, Liability and Warranties

7.1. 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 system or plumbing equipment does not function properly because your water supply becomes inadequate, or the water pressure becomes invariable.

7.2. The company 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, pumps, shower pumps, electrical controls and/or bathroom / WC / kitchen services that might be affected 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 rated pressure system and power flushing, can cause leaks in components that the company will not be liable for. Any cost of repairs for which the company are 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 (e.g. 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 (e.g. boiler), the company accepts no liability for any internal leaks or malfunctions of this appliance, as a direct result of this installation.

7.3. The warranty for a boiler and/or cylinder will be covered by the manufacturers as agreed in the estimate. The warranty only applies to the boiler/parts fitted by the company. It does not apply to any existing parts of the system. All other works carried out by BlueMotion Plumbing (parts and labour) are guaranteed for twelve months as standard, or if stated for longer by special terms. 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.

7.4. If the warranty becomes void due to the appliance not being serviced, then the company 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.

7.5. The company accepts no liability for the removal of any carpets, linoleum and special types of flooring, e.g. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation or repair, accept in circumstances where the company has been negligent.

7.6. 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 reasonably commensurate with the installation. It is anticipated that certain areas in your home may need redecoration following completion of the central heating installation or plumbing equipment. This will be your responsibility and is not included in the price.

7.7. All BlueMotion Plumbing and agents are insured against loss or injury through their negligence.

7.8. The company shall not have any liability for any failure to perform its obligations under any estimate 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.

7.9. 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;

7.9a. 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.

7.9b. Such loss of damage is not a reasonably foreseeable result of any such breach.

7.9c. Any increase in loss or damage resulting from breach by you of any term of this contract.

7.10. 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 twelve months.

7.11. Call backs: should you feel there is an issue with our work, then we will be very happy to return and rectify it at no cost. However, should we return to site for a call back, but the problem be unrelated to the work carried out by BlueMotion Plumbing or agent, then our standard charges shall apply.

7.12. To complete your installation the company will use its authorised employees or agents. All contractors are approved by the company, are qualified and registered with the relevant competent persons scheme, and chosen carefully to carry out high standards or workmanship.

7.13. The company shall provide a free guarantee for the period of one year as standard, unless specified longer. This applies to workmanship only and not to parts which typically come with the manufacturer’s warranty. Boiler warranties will vary in length, and the length made clear in the estimation stage. However, the above warranty is subject to the following conditions:

7.13a. The fault is not due to your existing radiators and/or pipework, valves, pumps or boiler.

7.13b. The work carried out has not been properly kept, used, serviced and maintained in strict accordance with the manufacturers or the company’s instructions and has not been modified accept with the company’s consent.

7.13c. The fault is not due to accidental or wilful damage, fair wear and tear, interference with or maintenance work by a third party.

7.13d. The customer makes no further use of works after the defect had been or ought to have been discovered.

7.13e. All free guarantee work will be carried out during normal working hours.

7.13f. Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.

7.13g. 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 companies 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.

7.14. After delivery of any goods from the company, you will be responsible for their safe keeping, you should make sure that you are adequately insured against loss or damage which may occur to those goods.

8. Prices and Payment

8.1. All invoices are due for payment immediately upon completion of works/delivery to the customer.

8.2. All appointments made for works to be carried out (including estimated and verbal) with the company are done so with payment due immediately upon completion/delivery of invoice.

8.3. 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.

8.4. 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 or whichever is sooner.

8.5. 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.

8.6. Where payments are not made up on the due date as per above clauses, the company reserves the right to charge daily interest on late payments at a rate of 8% above the base lending rate of The Bank of England. If you make payment and it is subsequently stopped, declined 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).

8.7. 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.

8.8. Standard charges. Charges will be clearly laid out within our estimate. In situations when an estimate has not and/or cannot be provided (e.g. Immediate or Emergency works), this could be charged at our premium rate. This work will be discussed beforehand, plus any other additional travel and parking charges. Emergency call out, evening, weekend and bank holiday rates may vary.

8.9. Material charges. These will be applied for the supply of any parts and materials necessary beyond those estimated, and any such charges will be identified on the final invoice you receive.

8.10. Troubleshooting. Where the customer has requested that we troubleshoot a problem only but not to carry out the work, then our standard hourly rates plus any additional travel charges will apply.

8.11. Boiler and heating Servicing. The cost of a standard service can vary depending on each boiler and any additional travel and parking charges. Please note, that a service and is not a repair. Any additional time spent on a repair or materials bought will be added on accordingly.

8.12. Landlord Gas Safety Certificates(LGSC). The minimum cost of a LGSC is based a Gas Boiler and Gas Cooker/Hob. Any extra gas appliances e.g. gas fire and wall heaters are an extra cost. The cost will be stated in your estimate. If no prior agreement our Standard Hourly Rate applies.

8.13. For most boilers, a full strip down service is required in order to comply with manufacturers’ instructions. The cost of this may include heat exchanger seals and fibre washers.

8.14. Title in the goods 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.

8.14a. 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.

8.14b. The Seller shall also be entitled to seek an injunction to prevent the Buyer from selling, transferring or otherwise disposing of the goods.

8.15. Payment is to be made by BACS or by cash, or card reader on the day.

8.16. For all projects where stage payment terms apply, payment MUST be paid with 7 days of each stage completion. Failure to do so will instigate legal proceedings.

8.17. You will be sent an invoice for payment. Failure to make payment within specific time periods as outlined within the estimate and/or the Terms and Conditions will instigate legal proceedings to commence. This will be carried out by a registered Legal firm and all proceedings will be governed in accordance with English Law.

9. Availability

9.1. While every effort is made to make the allotted scheduled appointment, BlueMotion Plumbing or its agents cannot guarantee appointment times due to unforeseen circumstances.

9.2. Our 24/7 Same Day Emergency Response Service is subject to availability at the time of booking and location of job, and works needed to be carried out. Our 24/7 Same Day Emergency Response Service is subject to our Time and Half Rate charge from that of BlueMotion Plumbing Standard Hourly Rate charges. This will be discussed with you, if to be charge before we start work.

10. Parking

10.1. Additional Travel and Parking charges. These will be added on to the invoice to cover parking, congestion and Ulez charges, as applicable.

10.2. Parking permits. It is the responsibility of the homeowner, tenant or agent to provide a parking permit or to register our van with the local authority for parking, wherever possible. This particularly applies where there are no pay and display parking bays within a reasonable distance (typically 50m) of the property. This is because it is very inconvenient and time consuming to have to walk to and from the van for parts that might be needed and to keep checking on it for wardens. Therefore, we kindly request that our customers organise parking prior to us arriving, our vehicle registration details are available upon request.

11. Removal of Waste and Materials

11.1. The company is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by the company, unless specified in the estimate that we will take care of the waste

12. Frozen Pipes

12.1. The company will not be liable for any fractures found in frozen pipes attended by the company and cannot guarantee to clear blockages occurring within frozen pipes.

13. Satisfaction and Defects

13.1 Here at BlueMotion Plumbing we are committed to providing professional, top-quality service to every customer. If after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within eighteen months.

13.2. Subject to the exclusions listed below, the company undertakes to make good and repair any defect in completed work, which appears within eighteen months of the completion date to the extent that such defect arises from the breach of the company’s obligations under this contract.

13.3. All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect.

13.4. This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.

13.5. 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 rates.

13.6. 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.

Exclusions are:

13.6a. Any parts or materials supplied by the company will only be provided with the manufacturers or suppliers guarantee and are not guaranteed by the company.

13.6b. Any systems or structures which have not been installed by the company.

13.6c. 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.

13.6d. Any structural defects, such as but not limited to subsidence and its resultant effect.

13.6e. Any damage to drainage systems caused by any outside force or root penetration.

14. Disagreements & Complaints Procedure

14.1. In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing to BlueMotion Plumbing, 18 Allandale Gardens, Lancaster, Lancashire, LA1 5JN at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within seven days.

15. Illustration and Description of Works

15.1. Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.

16. Force Majeure

16.1. The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or circumstances beyond the company’s reasonable control.

17. Indemnity

17.1. 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.

18. Cancellation

18.1. If the customer cancels any contract with the company, without the company’s 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.

18.2. Where an order includes customised items these items will be non-refundable once the order is placed with us, and should you cancel your order with us the cost of any custom items shall still be payable in full. Where a previously accepted order is cancelled with less than 7 days notice we reserve the right to still invoice you for any items that are priced at £700 or greater.

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 Consumers 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 BlueMotion Plumbing, 18 Allandale Garden, Lancaster, Lancashire, LA1 5JN or by email to bluemotionplumbing@gmail.com 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 you deposit.