General Terms & Conditions

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1. Definitions

1.1 For the purpose of these Terms & Conditions, which are referred to in this document as “these Terms”, the following words or phrases shall have the following meanings:

1.1.1 “Company” shall mean AquaHero Plumbing Services.

1.1.2 “Customer” shall mean the person or organisation for whom the Works are to be carried out.

1.1.3 “Contract” shall mean the agreement between the Customer and the Company to carry out the Works, of which these Terms form a part and, where these Terms are a schedule to a signed agreement between the Customer and the Company (“the Agreement”), the Agreement.

1.1.4 “Works” means the works described in the Company estimate or any other document, telephone communication, message or email issued by the Company, as may be varied by agreement between the parties.

1.1.5 For the purposes of these Terms, “in writing” includes email, text message, WhatsApp Business message, letter and any document or agreement completed electronically or on a handheld device. Where applicable, a signature provided electronically or on a handheld screen shall be treated as being in writing.

2. Acceptance of Works

The Company reserves the right to refuse or decline any work at its discretion.

Where the Company agrees to undertake Works for the Customer, such Works will be carried out by authorised representatives of the Company only.

3. Fees, Charges and Materials

3.1 The Company charges a minimum of one hour for plumbing appointments once Works have commenced, regardless of the amount of work carried out. This applies to Works charged at an hourly rate and, where applicable, fixed-price Works.

If, for any reason, the Company attends but is unable to carry out the Works, any applicable attendance charge will be dealt with in accordance with the rate or arrangement agreed with the Customer before attendance.

3.2 The Company's hourly rate may vary depending upon location, postcode, type of work or other relevant circumstances. Where Works are to be carried out at an hourly rate, the applicable rate will be discussed with the Customer prior to Works commencing wherever reasonably practicable.

3.3 Parts and materials supplied by AquaHero Plumbing Services may be subject to a minimum 10% handling charge, or alternatively chargeable time for sourcing materials at the Company's applicable hourly rate, together with any reasonable delivery, postage or collection costs incurred.

3.4 In some circumstances, a particular job may involve a high material cost. In such cases, a deposit may be required to secure the purchase of the relevant materials.

The deposit will ordinarily be either:

• 50% of the total estimate; or

• the full cost of the materials where the material cost exceeds 50% of the total estimate.

3.5 Where manufacturer warranties are supplied in respect of parts, equipment or components provided by the Company, the Company may retain relevant warranty information on file for the duration of the applicable warranty where reasonably practicable.

Manufacturer warranties may not include the cost of labour involved in removing, diagnosing or replacing a faulty component.

4. Estimates and Fixed-Price Work

4.1 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 28 days from its date.

4.2 Unless otherwise expressly specified, estimates are provided on an “as is” basis and do not constitute a guaranteed fixed-price quotation.

The estimate will set out the likely costs involved based upon information reasonably available to the Company, which may include:

• a visual inspection at the property;

• photographs or videos supplied by the Customer;

• descriptions supplied by the Customer;

• telephone conversations;

• emails, messages or WhatsApp communications; and

• other information reasonably available before Works commence.

Where an estimate is based wholly or partly upon photographs, descriptions or other information provided remotely by the Customer, the estimate is necessarily subject to what becomes apparent upon physical inspection or commencement of the Works.

4.2.1 Changes in Cost

The Company reserves the right to revise the price where, after an estimate has been given, the Company's reasonable costs increase, including increases relating to:

• materials;

• labour;

• equipment or plant hire;

• delivery or transport costs; or

• other costs reasonably necessary to complete the Works.

Where such changes arise before Works have commenced and the revised price would exceed the original estimated price by more than 20%, the Company will inform the Customer and the Customer may elect not to proceed, subject to payment for any materials already ordered, equipment hired or other reasonable costs already incurred with the Customer's agreement.

Where Works have already commenced, unforeseen additional work or costs will be dealt with in accordance with clauses 4.3 and 5 below.

4.3 An Estimate May Be Revised Where:

4.3.1 Following submission of the estimate, the Customer instructs the Company, whether orally or in writing, to provide additional Works or services not included in the original estimate.

4.3.2 There is an increase in the cost of materials or other items required to perform the Works.

4.3.3 Following commencement of the Works, further Works, materials or services are discovered to be reasonably necessary which could not reasonably have been anticipated before Works commenced.

Where the additional work is reasonably necessary to safely complete the existing Works or bring the immediate Works being undertaken to an appropriate industry standard, and stopping the Works would be unreasonable, unsafe or likely to result in damage, the Company reserves the right to undertake the reasonably necessary additional work and revise the price accordingly.

Where reasonably practicable, the Customer will be informed before significant additional costs are incurred.

4.3.4 Following submission of the estimate or commencement of Works, a manifest error is discovered in the preparation of the estimate.

4.3.5 The Company is not under any obligation to provide an estimate to the Customer.

Any estimate will only be binding to the extent that it has been provided in writing. Verbal estimates shall not be binding.

4.4 The Customer will reimburse the Company for reasonable expenses already incurred, including labour, materials and equipment hire, where an accepted estimate is subsequently cancelled by the Customer, subject always to the Customer's statutory cancellation rights.

5. Prices, Payment & Contracts

5.1 Prices or rates will normally be discussed prior to Works commencing.

Where Works are already underway and an unforeseen minor adjustment is reasonably required in order to complete the agreed Works, the Company may make a reasonable adjustment in accordance with clauses 4.2 and 4.3.

Where additional Works or materials become necessary after Works have commenced, the Company will seek further authorisation wherever reasonably practicable.

However, where:

• stopping would leave the plumbing or property unsafe;

• stopping could reasonably cause damage;

• immediate additional work is required to complete the particular repair already underway; or

• additional work is reasonably necessary to complete the Works to current applicable industry standards,

the Company may carry out such reasonably necessary Works without obtaining further authority beforehand.

The Company will explain the additional Works and associated costs to the Customer as soon as reasonably practicable.

5.2 All invoices are due for payment immediately upon completion of the Works and/or delivery of the invoice unless another payment arrangement has been agreed in writing.

AquaHero Plumbing Services operates on a payment-on-completion basis unless agreed otherwise.

5.3 All appointments made for Works to be carried out by the Company, including fixed-price Works and estimates, are subject to payment being due immediately upon completion and/or delivery of the invoice unless agreed otherwise.

5.4 Snagging

Where Works have been substantially completed but minor snagging remains, the Customer agrees to pay 95% of the total invoice amount immediately following substantial completion of the Works.

The Customer shall provide the Company with reasonable access without unnecessary delay to complete the outstanding snagging.

The remaining 5% balance will become due upon completion of the snagging Works, or within 14 days of the invoice date if completion of the snagging is prevented or delayed because the Customer does not provide reasonable access, whichever occurs sooner.

Where no access to the property is required in order for the Company to complete the relevant snagging Works, the parties may agree arrangements for the Company to complete those Works without the Customer being present.

5.5 Where the Customer is represented by a third party or agent, such as a managing agent, landlord, tenant, other occupier, friend, family member, contractor or other representative, responsibility for payment shall remain with the person or organisation entering into the Contract unless another payment arrangement has been expressly agreed by the Company in writing before Works commence.

5.6 For any late payment by a business customer, whether in part or in full, the Company reserves the right to charge statutory interest at the rate permitted by law.

Where applicable, this will be 8% per annum above the Bank of England base rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations.

The Company may also claim the applicable statutory fixed sum for recovery costs, currently:

• £40 for debts up to £999.99;

• £70 for debts between £1,000 and £9,999.99; and

• £100 for debts of £10,000 or more,

together with any additional reasonable recovery costs where permitted by law.

5.7 Invoices will normally be sent by email unless an alternative arrangement has been requested and agreed in advance.

Payment may be made using the payment methods specified on the Company's invoice.

5.8 If an outstanding invoice remains unpaid, the Company may issue reminder correspondence.

If payment continues to remain outstanding, the Company reserves the right, where legally permitted, to refer the account to a debt recovery agency, commence court proceedings or use another lawful debt recovery method. Additional recoverable costs may be payable by the Customer where permitted by law.

5.9 The Company shall be under no obligation to issue guarantees, certificates or similar documentation relating to Works until payment has been made and received in full.

5.10 All materials supplied by AquaHero Plumbing Services remain the property of the Company until payment has been made in full.

The Company reserves any lawful rights available to it in respect of unpaid-for materials.

5.11 Customer-Supplied Parts

AquaHero Plumbing Services accepts no responsibility for the quality, suitability or integrity of parts or materials supplied by the Customer.

The Company may refuse to install Customer-supplied parts where there are concerns regarding:

• compatibility;

• condition;

• integrity;

• suitability;

• regulatory compliance; or

• health and safety.

Where a Customer instructs the Company to use a Customer-supplied component despite concerns raised by the Company, any guarantee relating to that component or any fault arising from its suitability may be excluded to the extent permitted by law.

The plumbing engineer will, where appropriate, explain the concern and provide recommendations for suitable rectification.

5.12 Existing Installations

Where the Company replaces an existing mechanical part, component or appliance which was originally installed by another party, AquaHero Plumbing Services shall not be responsible for defects or non-compliance in the previous installation.

Where a manufacturer's warranty is dependent upon the underlying installation complying with relevant standards, that warranty may be affected if the pre-existing installation is non-compliant.

Any remedial work required to correct a pre-existing installation will be treated as additional Works.

The Customer may request a separate inspection or survey of the existing installation before a replacement component or appliance is installed.

6. Illustrations and Description of Works

Any illustrations, photographs, descriptions, specifications, imagery or other information displayed on the Company's website, social media, marketing materials, catalogues, price lists or other promotional material are intended to provide a general indication of the Works and services offered by the Company.

While the Company will endeavour to ensure such information is accurate, minor variations may occur.

Such illustrations, descriptions or imagery shall not form part of the Contract unless expressly agreed otherwise in writing.

7. Inspection, Delivery and Completion of Works

The Company will advise the Customer of the proposed date and, where applicable, estimated time for Works to be carried out.

The Company will use reasonable endeavours to attend and carry out the Works at the agreed time.

Any dates or times provided by the Company for attendance, delivery or completion are estimates unless expressly agreed in writing as fixed or guaranteed.

The Company shall not be liable for reasonable delays or non-attendance resulting from circumstances beyond its reasonable control, including:

• delays caused by suppliers or manufacturers;

• delivery companies;

• traffic;

• adverse weather;

• unavailable parts;

• emergencies;

• unforeseen site conditions; or

• other circumstances outside the Company's reasonable control.

Where a delay occurs, the Company will endeavour to notify the Customer as soon as reasonably practicable and, where appropriate, arrange an alternative date.

Nothing in this clause affects any rights the Customer may have under applicable law.

8. Indemnity

The Customer shall be responsible for any loss, damage, cost or expense reasonably incurred by the Company as a direct result of:

• the Customer's breach of these Terms;

• false or misleading information supplied by the Customer; or

• materially incomplete information relevant to the Works.

The Customer shall not be liable under this clause to the extent that any loss, damage, cost or expense has been caused or contributed to by the Company's breach of contract, negligence or other failure to comply with its legal obligations.

Nothing in these Terms shall require the Customer to indemnify the Company in respect of any liability which cannot lawfully be excluded or transferred.

9. Limitations of Liability

9.1 The Company's liability shall be limited as follows, subject always to applicable law.

9.1.1 Repair or making good of any defect pursuant to the Company's obligations set out below.

9.1.2 Nothing in these Terms excludes or limits liability for death or personal injury resulting from negligence where such liability cannot lawfully be excluded.

9.1.3 Where damage to the Customer's property is directly caused by the negligence of the Company or its employees, liability may include the reasonable costs of repair or reinstatement.

9.1.4 The Company accepts no responsibility for damage suffered to any part of a property where that damage is wholly or partly a consequence of a pre-existing defect, deterioration or weakness in that part of the property.

9.1.5 Plumbing and drainage investigations can sometimes require access to concealed or enclosed areas.

Where reasonably necessary to investigate or complete Works, this may include removal or disturbance of:

• bathroom suites;

• bath or shower panels;

• furniture;

• tiles;

• flooring;

• carpets;

• laminate or wooden flooring;

• walls;

• ceilings;

• boxing;

• cupboards; or

• other finishes or structures concealing pipework.

The Customer will be informed where reasonably practicable before intrusive access is undertaken.

9.1.6 Unless expressly included in the agreed Works, making good decorative finishes such as plaster, brickwork, wallpaper, paintwork, tiles, flooring, carpets or furniture following necessary access to plumbing will be the Customer's responsibility.

Silicone work is not guaranteed where failure results from movement, deterioration of surrounding surfaces, mould, cleaning chemicals or circumstances outside the Company's workmanship.

9.1.7 Customers are responsible for protecting furniture, furnishings, fixtures and fittings within the working area.

The Company will make reasonable efforts to avoid causing damage.

Customers are advised to remove or adequately cover vulnerable items before Works commence.

10. Defects

10.1 Subject to the exclusions below, the Company undertakes to investigate and, where applicable, repair defects arising from its workmanship.

Any alleged defect must be reported to the Company in writing and the Company and, where applicable, its insurers must be provided with a reasonable opportunity to inspect the Works.

Such inspection shall apply only to Works:

• undertaken by AquaHero Plumbing Services; and

• for which payment has been received in full.

If an inspection shows that the reported problem was not caused by Works carried out by the Company, the Company reserves the right to charge for the inspection visit at its applicable rate.

The Company may decline to carry out remedial work where the Customer cannot provide reasonable evidence that the original Works were carried out by AquaHero Plumbing Services or where payment remains outstanding.

10.2 Exclusions

The following are excluded:

10.2.1 Parts or materials subject to a manufacturer's or supplier's warranty except insofar as liability cannot lawfully be excluded.

10.2.2 Systems or structures which were not installed by the Company.

10.2.3 Defects resulting from misuse, wilful damage, negligence or work subsequently carried out by the Customer or a third party.

10.2.4 Structural defects, including subsidence and its consequences.

10.2.5 Damage to drainage systems caused by external forces, ground movement or root penetration.

11. Permissions, Regulations, Consents and Access

11.1 It is the Customer's responsibility to ensure that all necessary permissions, consents, licences, approvals and, where applicable, planning permission have been obtained before Works commence.

This includes permission from any owner, landlord, managing agent, organisation or other relevant party.

11.2 The Customer shall provide reasonable and safe access to enable the Company to undertake the Works.

11.3 Where access over neighbouring or third-party property is necessary, the Customer shall be responsible for obtaining the necessary permission before the Works commence.

11.4 The Customer shall ensure that the environment in which the Company and its representatives are expected to work is reasonably safe.

11.5 For drainage Works, the Customer should provide available information regarding the layout of the drains.

Where the drain route is unknown, concealed or incorrectly identified, additional time and investigation may be chargeable at the Company's applicable rate.

11.6 By instructing the Company to proceed with the Works, the Customer will be deemed to have confirmed that any permissions for which the Customer is responsible have been obtained.

12. Force Majeure

The Company will use reasonable efforts to carry out and complete the Works as agreed but shall not be liable for failure or delay caused by events or circumstances beyond its reasonable control.

13. Cancellation

Where a Customer cancels Works after accepting an estimate or authorising the Company to incur costs, the Customer may be responsible for reasonable losses and costs already incurred by the Company, including:

• specially ordered materials;

• non-returnable goods;

• supplier cancellation charges;

• equipment hire;

• labour already performed; and

• other reasonable expenditure already incurred.

This clause is subject to the Customer's statutory cancellation rights.

14. Removal of Waste and Materials

Unless waste removal is expressly included within the agreed Works, the Company is not responsible for removing waste materials resulting from the Works.

The Customer will be responsible for arranging disposal of such materials.

15. Frozen Pipes

The Company shall not be responsible for fractures, splits or other damage which becomes apparent when attending frozen pipes where the damage resulted from freezing or pre-existing deterioration.

The Company cannot guarantee that frozen pipes or drainage systems can be successfully cleared.

16. Guarantees

16.1 Subject to these Terms, any guarantee provided by AquaHero Plumbing Services shall apply to the Company's workmanship only for 12 months from the date of completion.

Parts, equipment and components supplied by the Company remain subject to their respective manufacturer's or supplier's warranty.

Where a part fails due to a manufacturer's defect, the manufacturer may provide a replacement part but may not cover the labour required to diagnose, remove or replace that component.

After the first six months following fitting, labour involved in replacing a failed warranted component may be charged at the Company's applicable rate where legally permitted.

16.2 The Company's workmanship guarantee will not apply where Works have been:

16.2.1 Subject to misuse, neglect or improper use.

16.2.2 Repaired, altered, tampered with or modified by someone other than AquaHero Plumbing Services or its authorised representatives.

16.2.3 Affected by unsuitable parts or materials supplied by the Customer or another third party.

16.3 AquaHero Plumbing Services cannot guarantee the permanent clearance of blockages in waste or drainage systems.

16.4 The Company cannot guarantee Works undertaken at the Customer's specific instruction against the Company's advice or recommendation.

16.5 The Company will only guarantee Works directly undertaken by AquaHero Plumbing Services or its authorised representatives.

16.6 The Company shall not be responsible for faults resulting from unrelated Works which were recommended but not undertaken.

16.7 The guarantee may not apply where the Customer has been advised, orally or in writing, that related remedial Works are necessary but elects not to proceed with those Works.

16.8 Where gas-related matters arise, responsibility for unsafe pre-existing gas installations remains subject to applicable Gas Safety legislation and any warning notices issued by an appropriately registered Gas Safe engineer.

17. Complaints Procedure

If the Customer experiences a problem with the service provided by AquaHero Plumbing Services, the Customer should notify the Company in writing at the earliest reasonable opportunity.

The Company will endeavour to acknowledge and investigate the complaint promptly and aims to resolve complaints within 14 working days wherever reasonably practicable.

The Customer must provide the Company with a reasonable opportunity to inspect the Works and, where appropriate, undertake reasonable remedial Works before arranging for a third party to alter or repair the Company's Works.

18. Notice of Your Right to Cancel

18.1 Where the Customer has a statutory right to cancel the Contract, the applicable cancellation period is 14 calendar days, beginning in accordance with the relevant consumer legislation.

18.2 Cancellation should preferably be communicated to AquaHero Plumbing Services in writing, including by email or another durable written method.

Where cancellation is sent by post, Customers are advised to retain evidence of postage.

18.3 Cancellation will take effect in accordance with the applicable statutory rules.

19. Work Carried Out Prior to Expiry of the Cancellation Period

Where the Customer expressly requests AquaHero Plumbing Services to begin Works during an applicable statutory cancellation period, the Customer acknowledges that reasonable payment may become due for Works carried out before cancellation.

Where the service has been fully performed following the Customer's express request and acknowledgment, the Customer's statutory right to cancel may be affected in accordance with applicable consumer legislation.

 

Consumer Rights

Nothing in these Terms & Conditions is intended to exclude or restrict any statutory rights which cannot lawfully be excluded, including rights relating to:

• services being carried out with reasonable care and skill;

• goods being of satisfactory quality;

• goods being fit for purpose; and

• goods corresponding with their description.