Terms and Conditions
1 These Terms
1.1 These are the terms and conditions on which we supply services to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 We are Apex Plumbing and Heating a company registered in England and Wales. Our company registration number is 06252526 and our registered office is at Strathclyde, Slade Lane, Ash, GU12 6DY.
2.2 You can contact us by telephoning at 01252 311003 or by writing to us at email@example.com or Strathclyde, Slade Lane, Ash, GU12 6DY.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the services, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Your right to make changes
4.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our right to make changes
5.1 We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
5.2 In addition, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6. Providing the services
6.1 We will supply the services to you from the date we accept your order
. The estimated completion date for the services is as told to you during the order process. or we end the contract by written notice to you as described in clause 8.
6.2 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
6.3 If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7.3 will apply.
6.4 We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not provide us with this information, within a reasonable time of our asking for it, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of our asking for it.
6.5 We may have to suspend the services to:
- deal with technical problems or make minor technical changes;
- update the services to reflect changes in relevant laws and regulatory requirements;
- make changes to the services as requested by you or notified by us to you (see clause 5).
6.5 We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the contract if we suspend the services and we will refund any sums you have paid in advance for services not provided to you.
6.7 If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts.
7. Your rights to end the contract
7.1 You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
7.2 If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
- we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
- we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
- there is a risk the services may be significantly delayed because of events outside our control;
- we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than [3 months]; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. Our rights to end the contract
8.1 We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
- you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
8.2 If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
9. If there is a problem with the services
9.1 If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our office at 01252 311003 or by writing to us at firstname.lastname@example.org or Strathclyde, Slade Lane, Ash, GU12 6DY.
9.2 In the unlikely event there is any defect with the services:
- if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.
- in all other circumstances, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 1 month.
10. Price and payment
10.1 The price of the services (which includes VAT where applicable) will be the price set out in our price list in force at the date of your order unless we have agreed to another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.
10.2 If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.3 It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
10.4 You must make an advance payment of 50% of the price of the Services before we start providing them. We will invoice you for the balance of the price of the services when we have completed them OR We will invoice you weekly in arrears for the services until the services are completed. You must pay each invoice within 7 calendar days after the date of the invoice. We accept payment with BACS.
10.5 If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 If you think an invoice is wrong please contact us promptly to let us know.
11. Our responsibility for loss or damage suffered by you
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
11.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11.4 We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 We will use the personal information you provide to us to:
- provide the services;
- process your payment for such services; and
- if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. Other important terms
13.1 We may transfer our rights and obligations under these terms to another organisation.
13.2 You may only transfer your rights or your obligations under these terms to another person with our written consent.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
13.6 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.