Birmingham Heating LTD   |   Terms & Conditions

Commercial Terms of Service

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1. Definitions

In these document, the following words shall have the following meaning:

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2. General

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3. The Order

3.1 The Proposal to which these Terms & Conditions relate to shall remain valid for a period of no more than 30 days. Moreover, no contract between BHL and the Customer shall come into force until the Customer has accepted the Proposal.

3.2 The Customer shall be deemed to have accepted the Proposal by signing or placing an order in writing with BHL (“the Order”) within the period specified in Clause 3.1.

3.3 All Orders for Goods and/or Services, whether verbal or in writing, shall be deemed to have been accepted in accordance with the Proposal pursuant to these Terms & Conditions.

3.4 BHL reserves the right to withdraw or amend any quotation without notice before the acceptance of the Proposal has been received from the Customer.

3.5 On acceptance of the Proposal, BHL shall order the Goods as stipulated in the Proposal. If subsequent to this order being placed the Customer cancels the Order, then the Customer shall be liable for any costs incurred by BHL in the proper performance of the Order for Goods or time until that date.

3.6 The person giving instructions to BHL or ordering work or materials shall personally be deemed to be the Customer, unless it is made clear to BHL who the Customer is.

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4. Price and Payment

4.1 The price for the Goods and/or Services is as specified in the Proposal and is exclusive of VAT and any applicable charges as outlined in the Proposal.

4.2 The payment of the price shall be in the manner as specified in the Proposal. The time for payment shall be of the essence of the contract.

4.3 If the Customer fails to make any payment on the day of it becoming due, BHL shall be entitled:

(a) to charge interest at the rate of 5.00% per month as well before or after judgment on the outstanding amounts from the due date to the date of payment; and

(b) without any liability to the Customer to cease any uncompleted work.

4.4 Fixed Price Works – the quotes shall include labour and materials exclusive of VAT. The price shall be fixed but manifest errors shall be exempted. Any revision to quotes may occur if:

(a) the Customer changes the scope of the work;

(b) there is an increase in the price of materials;

(c) further works turn out to be needed to do the work; and

(d) it is impossible for us to do the work for the previously quoted fixed price, we will give the Customer a free quote for the work so that Customer may choose to use us or not. Should the Customer decline the quote, there shall be no charges payable by the Customer.

4.5 Minor Works – invoices relating to the Minor Works and the jobs payable at an hourly rate are payable immediately at the end of each job by a debit/credit card or cash, and we do not accept cheques (unless agreed by accounts). The total charge to the Customer shall be the time spent by our representative on the job that is charged for full and part completed hours with a minimum charge of 1 hour. It shall include all reasonable time spent in obtaining materials. Any parts and materials supplied by us shall be charged at trade price plus 25% handling charge (but at BHL’s discretion) and all prices exclude VAT.

4.6 The cancellation of Minor Works and jobs on an hourly rate. If the Customer books a plumber/engineer for an emergency, we require a debit or credit card number for the deposit agreed when the job is booked, and if the Customer cancels the job in less than 10 minutes of the booking, the Customer shall not have to pay. However, if the Customer cancels after 10 minutes of booking, then the Customer shall be charged for one hour of labour.

4.7 Collecting material for a Minor Works. BHL mainly carries everyday stock items, however, if a job requires us to pick up extra material, we charge the Customer for the travel time it takes to get the part. We shall, however, keep you apprised on the expected travel time.

4.8 The Customer shall be requested to sign the invoice once the work has been completed. The Customer’s signature verifies that they are satisfied with the work, the charges for both labour and materials, the manner of the engineer and the condition of the property following the completion of the work.

4.9 BHL shall make every effort to park legally, however, in some circumstances, this may not be viable, and as a result, any charge may be made to cover any costs incurred such as parking fines.

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5. Delivery

5.1 The date of the delivery specified by BHL in the Proposal is only an estimate. The time for delivery shall not be of the essence of the contract, and BHL shall not be liable for any loss, costs, damages, charges or expenses caused directly, or indirectly, by any delay in the delivery of the Goods by third parties.

5.2 All risks in the Goods shall pass to the Customer upon delivery.

5.3 Where the Goods are faulty, or do not comply with any of the contract, the Customer must notify BHL within 1 day of the delivery, and the Customer shall be entitled to the replacement Goods. After 1 day, the Customer shall be deemed to have accepted the Goods and shall not, after that time, be entitled to reject them.

5.4 The Customer shall make all arrangements to take delivery of the Goods, as and whenever they are requested to do so.

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6. Title

6.1 The title in the Goods and materials shall not pass to the Customer until BHL has been paid in full in accordance with these Terms & Conditions.

6.2 Should the payment not be made in accordance with these Terms & Conditions, BHL reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied, or fitted, by BHL.

6.3 The cost of any damage caused by such removal shall not be borne by BHL.

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7. Customer Obligations and Responsibilities

In order to enable BHL to perform its duties, the Customer shall:

7.1 co-operate with BHL;

7.2 make the site available to BHL for the duration of the works, and ensure a safe supply of necessary services and utilities;

7.3 provide BHL with any information reasonably required;

7.4 obtain all necessary permissions, licenses and consents that may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and

7.5 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

7.6 Customers Responsibilities. BHL shall endeavour to the best of its ability not to cause any damage to the items belonging to the Customer, or the structure of the building. It is the responsibility of the Customer to protect items of furniture, furnishings, fixtures and fittings. We shall make reasonable efforts not to cause any damage, and it is suggested that the Customer removes items that is considered to be a problem. If such items remain within the working area, it is the responsibility of the Customers to remove them and/or cover the items of furniture . The wallpaper and paint can sometimes be damaged. It is the responsibility of the Customer to take any protective actions as deemed necessary. We shall try our best to put back bath panels, flooring, floor coverings, cupboards and the such. We cannot be held responsible for any damage caused to these items, or to the way they have been put back. If damage to the plaster and brickwork is caused, it is the Customer’s responsibility to make good. We cannot except responsibility for any damage caused to wallpaper, paintwork, tiles, carpet, furniture and other such items. The Customer should also remove items of jewellery and other small items that can be mislaid or lost whilst work is in progress. Any silicon work does not carry any guarantee. The Customer is to obtain all necessary permission, from any landlord, or local authority, prior to starting the work. An electricity supply (220/240v) is often needed. The Customer is to provide this supply, and also a suitable standard outlet reasonably near to the work. The supply will be of no cost to us.

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8. Limitation of Liability

8.1 Provided that nothing in these Terms & Conditions shall exclude or limit the liability of BHL for death or personal injury. BHL shall not be liable for any direct loss or damage suffered by the Customer, howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and/or Services.

8.2 Except to the extent precluded by law, BHL shall not be liable under any circumstances to the Customer, or any third party, for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer, howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

8.3 BHL shall not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods and/or Services, unless that particular purpose has been notified to BHL in writing prior to the date of the Proposal.

8.4 Where the Customer supplies Goods or materials, BHL accepts no responsibility for any defects or damage and offers no guarantee for these Goods or materials.

8.5 For the avoidance of doubt, time shall not be of the essence and BHL shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date or time.

8.6 BHL shall not be responsible for any damage suffered to part of the Customer’s property (whether or not BHL is working on that part) where that damage is in whole, or in part, a consequence of the defect, or weakness, in that part of the property.

8.7 BHL shall not be responsible for any defects that have occurred from any structural issues to the property, and any defects encompassing, but not limited to, subsidence and its resultant effect.

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9. Guarantees

9.1 Guarantees. We have a 100-day guarantee period of our labour for repairs, and a 12-month guarantee for new installations where the materials are supplied by us, and the duration of the manufacturer’s guarantee for all parts, or equipment, supplied by us. If the Customer is not satisfied with our work, the Customer must contact us within 14 days of finishing the work, and let us come and inspect the work, and carry out necessary remedial work at our expense. The Customer agree that if the Customer do not contact us within 14 days, nor let us back in to rectify our work, we shall have no liability. The Customer also agrees to let our insurers inspect any works carried out by us.

9.2 We accept no liability for any delay, or consequences of any delay, in performing our obligations, if such delay is due to any cause beyond our reasonable control, and we shall be entitled to reasonable time extensions.

9.3 We reserve the right to decline to undertake any work.

9.4 Title to Goods. Goods supplied and delivered by us to the Customer, or the Customer’s premises shall remain our property until paid for by the Customer in full. Whilst Goods remain our property, we continue to have title over them and we have absolute authority to retake, sell or otherwise dispose of all, or any part of, these Goods. We shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such Goods. However, the risk in the Goods shall pass to the Customer on delivery. The Customer should insure them at replacement value, and if asked the Customer must produce evidence that they are properly insured.

9.5 These Terms & Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner, except by an instrument in writing signed by our duly authorized representative and the Customer. Our Terms & Conditions shall prevail over any other terms and conditions used by the Customer or contained, set out or referred to in any other documentation sent to us by the Customer. By entering into a contract with us, the Customer agrees, irrevocably, to waive the application of any of these Terms & Conditions.

9.6 These Terms & Conditions and all contracts awarded between us and the Customer shall be governed and construed in accordance with English Law, and shall be subject to the exclusive jurisdiction of the English Courts of Law.

9.7 All materials and Goods supplied by BHL shall be of merchantable quality and fit for their normal purpose.

9.8 BHL shall perform the Services with reasonable skill and care, and to a reasonable standard in accordance with the recognised standards and codes of practice.

9.9 BHL accepts all responsibility for the condition of tools and equipment used in the performance of the Services, and shall ensure that any materials supplied shall be free of defects.

9.10 In addition to the Customer’s statutory rights, BHL guarantees all materials against faulty workmanship for the period specified in the Proposal.

9.11 The Goods supplied by BHL are guaranteed for the period, and on the terms as specified by the manufacturer’s warranty applicable to such Goods.

9.12 All Services are guaranteed by BHL for the period specified in the Proposal.

9.13 BHL shall at all times have a Public Liability Insurance in place.

9.14 We cannot guarantee our work, parts and equipment supplied to the Customer if:

(a) they suffer misuse, treated negligently, or if our work is repaired, modified, or tampered with by anyone other than us;

(b) we carry out works for the Customer using the Customer’s materials. BHL cannot give, or sustain, guarantees under any circumstances on Goods supplied and/or paid for by the Customer;

(c) the Customer orders us to carry out work against the advice of our representative. This advice shall be given to the Customer either orally, or in writing;

(d) we indicate that further works need to be carried out; and

(e) existing installations are either inferior, or over 10 years old, nor can we guarantee the effectiveness or otherwise of our work in these cases.

9.15 If remedial work is found to be required, BHL cannot be held responsible for problems arising from the work carried out if the Customer does not accept our advice, or recommendations, on our estimate or quote, either verbally or in writing.

9.16 BHL cannot be made responsible for any defects in design, or installation, on works arising from circumstances, or factors, known to the Customer but not notified, or disclosed, to BHL prior to the work having been undertaken.

9.17 BHL cannot be held responsible for any defects resulting from the misuse, willful act, or faulty workmanship by the Customer, or anyone working for or under the direction of the customer (other than BHL).

9.18 BHL cannot be made responsible for any roofing works, where BHL advises that the overall condition of the roof is poor and in need of more extensive work, and the work to be undertaken involves less than 20% of the area of the roof.

9.19 BHL is not responsible for warranties, or guarantees, on any items purchased, and/or supplied, by the Customer, where BHL has a fit-only agreement. BHL shall charge for the replacement of any defective item.

9.20 BHL cannot guarantee work which in our opinion is of a temporary nature, the operative shall advise the Customer prior to the work being carried out, and we shall also mark it on the invoice.

9.21 BHL cannot guarantee any work, or materials, where the payment of that invoice has not been paid for in full.

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10. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations, if the delay or failure results from events or circumstances outside reasonable control, including but not limited to the acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, or the shortage or unavailability of materials from a natural source of supply, and the parties shall be entitled to a reasonable extension of their obligations.

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11. Severance

If any term, or provision, of these Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such provision shall be severed, and the remainder of the provisions, hereof, shall continue in full force and effect, as if these Terms & Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

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12. Governing Law

These Terms & Conditions shall be governed by, and construed, in accordance with the law of England, and the parties, hereby, submit to the exclusive jurisdiction of the English courts.

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13. Other Conditions

13.1 All calls may be recorded for training and quality purposes.

13.2 Time Keeping. Every effort is made to arrive at a job at the time and date agreed with the Customer, however, we cannot accept liability for arriving late, or for the late delivery, or failure, to supply materials.

13.3 The Customer shall be tied to these Terms & Conditions until the engineer has arrived at the Customer’s property, and the Customer has signed the contract. The Customer shall then be tied to the terms and conditions of that contractual agreement.

13.4 If we are performing work at the Customer’s rented property on behalf of the landlord, the tenant has to be bound by the terms of the contract, and if for any reason, the landlord refuses to pay, the tenant shall be liable to pay, and reclaim all costs back from the landlord.

13.5 All materials, purchased as a result of the work that the Customer instructed us to undertake, shall be charged to the Customer if the Customer later cancels. All charges shall be those of our normal Terms & Conditions.