Welcome to our standard terms and conditions for your Axis Plumbers works. This contract is between Axis Plumbers Limited (‘Axis Plumbers’, ‘we’ or ‘us’) and you, our customer (‘you’) (Person, Company). This contract shall apply to all sites which we provide works or supply goods. Any request to proceed with works or supply goods verbally or digitally communicated it shall be deemed tacit consent (acceptance) and legally binding acceptance of this contract – No signature is required. 1. The Estimate or Quotation or Invoice and Acceptance 1.1 A separate Invoice will be sent to you for each separate phase (if any). 1.2 Each Quotation / Invoice (and any acceptance thereof) is subject to these standard conditions. In the event of any conflict between these standard conditions and any other document including an Invoice or notice (issued as part of the contract), these standard conditions shall prevail but only to the extent of the conflict. 1.3 Any terms and conditions of the customer (whether oral or written) shall be excluded, unless expressly agreed by us in writing. 1.4 Each Invoice shall remain open for acceptance for 3 (three) days from the date of the invoice but may be withdrawn by notice by us at any time prior to acceptance. The estimated or quoted price is based on the likely costs of labour, materials and transport to Axis Plumbers at the date of each invoice. Upon acceptance by you of each invoice, you must fully cooperate with the Axis Plumbers team in ensuring all works are completed within 90 (ninety) calendar days of the date of each invoice, unless otherwise stated by us. If this is not complied with or the works are not completed within this time, Axis Plumbers shall have the right to amend the invoiced price accordingly, including any increase in the rates of Axis Plumbers for labour, materials or transport. 1.5 The invoiced price is based on the assumption that the whole of the works will be carried out by the Axis Plumbers team and on the basis that the Axis Plumbers team will be provided with free and unrestricted access to the site during normal working hours. We shall not, unless otherwise agreed in writing, be bound to carry out any of the works outside our normal working hours but where, at your request for reasons of safety or in compliance with the requirements of any authority, any works are carried out outside these hours, we shall be entitled to make a reasonable additional charge for the extra cost incurred. 1.6 Unless otherwise expressly stated in each Invoice, the works shall not include (and the invoiced price is exclusive of) any of the following: (i) works not reasonably foreseeable or anticipated from (a) a visual inspection during the survey or (b) any information provided from you or a third party to us; (ii) any additional works or charges that are required as a result of information, provided by you or a third party, which is inaccurate or requires subsequent changes; (iii) any traffic management costs and associated charges, these will be applied only after the works are underway; (iv) if there are any changes at site or in the scope of works, which could change or impact the agreed method, equipment or materials of any of the works or quotation such as engineering difficulties, site conditions or otherwise; (v) any guarantees of room or water temperatures or any energy efficiency savings; (vi) any notifications or applications to the local authorities (or equivalent) or the landlord and any consents or permissions in respect to listed building requirements, planning permission or otherwise; (vii) boxing in of pipe work or painting and polishing of pipes; (viii) making good and/or decorative work post completion of the works; (ix) cutting away; (x) provision and erection of scaffolding; (xi) repairing or replacing of appliance flues; (xii) protection of pipework/cabling where it may come into contact with corrosive materials; (xiii) other builder’s, joiners’. blacksmiths’, steelworkers’ or electricians’ work including rectification of any inherent fault at site in which the works are to be carried out or any foundations necessary to support and distribute the weight of any equipment or material including permanent reinstatement of trenches in private ground; (xiv) any guards around any portion of the site; (xv) the provision and fitting of any sleeves, ducts or chambers which are required; (xvi) meter boxes and other meter housing(s); (xvii)measures required to protect equipment from adverse environmental conditions and/or harmful substances that were not previously notified to the Axis Plumbers team or are not visually apparent at survey upon which each invoice is based; (xviii) any improvements which are needed to your heating or plumbing system or electrical installation, including any repairs identified or needed due to design faults in your current system, or any work needed to bring your system or installation up to current standards; (xix) any work required as a result of any fault or failure of the electrical system at site or the public electricity, gas or water supply to the works; and (xx) work with asbestos or any other toxic or hazardous substances and including the removal thereof. 1.7 You shall fully reimburse us in respect of any costs, by way of a variation, not included in each quotation but necessarily incurred or expended by us as a result of Clause 1.6 or as a result of you failing to carry out any of your obligations (including any act or omission by you) in accordance with any other clause of these standard conditions. 1.8 The quoted price is inclusive of VAT at the appropriate current rate. 1.9 Unless otherwise set out in these standard conditions, all goods and materials will remain our property until you have paid the invoice price in full. 1.10 Axis Plumbers reserves the right to: (i) require the full amount of the invoice price, or any proportion thereof, such as a security deposit, to be paid upon acceptance of the invoice before commencing the works; (ii) submit interim charges to you for the value of the works completed to date and any balance of the invoice price to be paid upon completion of the works (unless otherwise expressly agreed in writing by us or our recommended payment provider on behalf of us). Any payment plans are subject to credit status and may be amended or cancelled if your credit status changes during the works; and/or (iii) to ask you to pay any of the remaining amounts of the invoice price immediately and in any event within three working days, regardless of the payment plan previously agreed with you. 1.11 All charges shall be paid by the earlier of (a) 3 days after the date of the Axis Plumbers invoice or (b) the date specified in the Axis Plumbers invoice. If you fail to make any payment by the due date on any invoice, we may charge: (i) fixed-sum charges to a maximum of £100 (in line with the Late Payment of Commercial Debts Regulations 2013); (ii) any other reasonable costs of recovery; (iii) interest (on amounts you do not disagree with) at 4% above HSBC Bank’s base rate from the day after the bill was due, and we may suspend the works until payment is made and/or request you pay the remaining amount of the invoice price in full. 1.12 We may offset any credit balances to overdue debit balances. 1.13 If we have concerns about your credit standing or we reasonably believe that you may not be able to pay any of your invoices on time and in full, we will contact you to discuss this. If we remain concerned we may, at any time: (i) ask you to pay in a different way (for example, by direct debit instead of cash or cheque); (ii) ask you to pay us a security deposit or to increase any security deposit that we already hold on your behalf; (iii) ask you to arrange a guarantee in the form we request from your parent company or from one or more directors, shareholders, or members, confirming that they will be responsible for any amounts due under this contract; (iv) ask you for any other form of security; or (v) ask you to pay the remaining amount of the quoted price in full. 2. Consents, responsibilities and requirements 2.1 Unless we have otherwise agreed in writing with you, you shall be entirely responsible, at your sole cost and expense, for the following and if any of the following do arise this may result in a variation, a change to timing or the design of the works or a delay: (i) removing any fixtures and fittings or growing items prior to us commencing works as we will not replace them if they are destroyed or damaged; (ii) the design of the works is subject to third party approval such as local council and/or traffic management approval; (iii) obtaining any necessary easements, wayleaves, authorities, permissions, consents or licences which are necessary prior to undertaking the works including landlord consent, traffic management, local authority notices, planning permission or listed building applications; (iv) providing an asbestos risk register and any information regarding asbestos that we may reasonably request; (v) providing such information, drawings or specification within your possession or control as we may reasonably request; (vi) carrying out such requirements as we may reasonably request in order to assist us in carrying out the works including any preparatory works which we advise you are required and obtaining all necessary rights of access; (vii) providing details of the proposed finished ground level where it is intended that such level shall be altered (other than by us) in the course of the works, and providing such finished level of the area on which we place equipment in conjunction with the works; (viii) providing all reasonable assistance, adequate space and access to us to enable us to properly and effectively carry out the works (including excavations (if any)) including a contact who can give instructions and is a person aged 18 (eighteen) and over at the site at all times; (ix) providing suitable secure space for keeping tools, fittings and materials; (x) unless otherwise included in the estimate, you are required to (a) arrange all excavations (including costs) and (b) provide the appropriate material (as specified by us) to fill in the excavation such as fine fill (for example soft sand) for the Axis Plumbers team to cover the installation by 250mm; (xi) making available suitable electrical power for the operation of tools and testing of equipment and any fuels (gas or oil) and water to be used in carrying out the works; (xii) ensuring that the safety earthing arrangements at site meet the standards set out in the current Institute of Electrical Engineers regulations; (xiii) making available any equipment or facilities required in each quotation; (xiv) providing and constructing suitable meter housing in accordance with Clauses 2.3 to 2.6; (xv) ensuring (a) the interests of health and safety (b) access at all times to a member of your staff familiar with the site and safety procedures when the Axis Plumbers team is on site (c) all work areas are free from obstructions, scaffolding or any other hazards prior to work commencing on site; (xvi) providing a safe working environment that is free of hazardous chemicals, pest infestations, verbal or physical abuse, or harassment; (xvii) providing temporary gas or electricity (as applicable) as there may be days where this is not available; (xviii) ensuring that neither you nor any of your employees, agents or contractors interfere with any equipment or materials provided by the Axis Plumbers team in connection with the works; and (xix) if an abortive site visit occurs, we reserve the right to charge a reasonable fee to cover any costs that we may incur as a result of an abortive site visit. 2.2 You may decide to call a specialist contractor for any of the excluded works set out in Clauses 1.6 and 2.1 above. Alternatively, it may be possible for us to do this work for you at a cost which we will agree in advance. 2.3 Any gas meter housing must be in accordance with the guidance given in British Standard BS6400 (or equivalent), the Ofgem metering codes of practice and the Institution of Gas Engineers and Managers recommendations on gas meter installations, as amended or updated. Your attention is drawn to the special restrictions and provisions in the Gas Safety Management Regulations relating to the installation of gas meters on or near escape routes such as stairways. 2.4 Any electricity meter housing / cupboard must be manufactured in accordance with the guidance given in the Energy Networks Association Technical Specification document number 12-3 (ENATS 12-3), BS 476 Part 7 Class 2 for fire retardance, the Ofgem metering codes of practice as amended or updated. Meter cupboards, where fitted in domestic premises must be able to accommodate the Supply Industry’s service termination equipment in particular cut outs to Energy Networks Association Technical Specification 12-10 (ENATS 12-10), meters to BS 5685, time switches to BEBS M3 (1973) and Radio Teleswitches. 2.5 Internal meter locations must be adequately and naturally ventilated to the outside air to comply with IGE/GM8 requirements (the room of the meter must be a minimum of 3% of the total floor area and should be equally distributed and disposed (a split of 50/50) between high and low levels between the outside walls) and where the internal meter location contains any electrical equipment including lighting, then the room must be ventilated in accordance with IFE/GM7 requirements as it will be classified as a zone 2 hazardous area. 2.6 Any water meter housing must be in accordance with the Water Regulations Advisory Scheme and consistent with the Water Supply (Water Fittings) Regulations 1999, the Water Byelaws 2004 (Scotland) and the Northern Ireland water regulations. It also should be granted WRAS Approved Product status. 3. Our services 3.1 We will provide the works using reasonable skill and care and will be of a quality that keeps to generally accepted industry standards. 3.2 Save as required by law, regulation or set out in this contract, we disclaim and you waive all other warranties, express or implied, with respect to the works, arising by law, regulation or otherwise, including any implied warranty of satisfactory quality, fitness for a particular purpose and any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product liability of ours (whether express or implied). 3.3 Where our works do not include any existing parts, equipment or ancillary plant, we will not be liable or held responsible for any defects, design faults or the overall condition such as serviceability, effectiveness and checking they remain in a good safe working order. If the effectiveness of our works is directly affected by these existing parts, equipment or ancillary plant we may be required to replace them and such costs will be additional to the quoted price. 3.4 Where outside underground pipe work is involved and it is agreed as part of the works, we will reinstate the surface to a reasonable interim standard in black tarmac or re-laid flags and to trench width only, unless otherwise agreed by us in writing. If any flags are damaged upon executing the works these will be replaced with pre-cast grey flags. For clarity, the interim restatement shall not include any specific patterns, paving or bespoke designs, special reinstatement or otherwise. If permanent reinstatement is included as part of the quotation this will be completed, by the Axis Plumbers team, after the works have been completed and the Axis Plumbers team has confirmed all is working as expected. 3.5 While we will make good unnecessary damage directly caused by our negligence, you accept that the works (including the removing or dismantling of existing fixtures and fittings including growing items) may cause damage and certain areas may need redecoration following completion of the works. When carrying out the works, we will exercise reasonable care to preserve decoration and avoid other damage to your site. 3.6 You are responsible for the final or permanent reinstatement of the site including the replacement of any flooring or tarmac and acknowledge this is not included in the quoted price, unless otherwise agreed in writing. 3.7 The existing gas supply may need to be isolated in order to enable the new gas connection. This will necessitate the completion of a gas tightness test on the whole gas installation. Whilst it is unlikely, our tests may reveal gas escapes, which legally must be repaired before the gas supply can be reinstated. We have not included this in our estimate and any work that arises from the failure of the gas supply will be additionally chargeable. 3.8 We shall use reasonable endeavours to provide the works in a timely manner. We will not be responsible for any delays including any additional costs to the works as a result of a delay. Time shall not be of the essence and where a delay arises we will have an extension of time as required to complete the works. 3.9 When we have completed the works, the Axis Plumbers team will collect and remove all non-hazardous waste, packaging and equipment no longer needed from the site for recycling including your existing parts and equipment, unless otherwise agreed by you. We will inform you when we plan not to remove any materials or equipment within the site. 3.10 We won’t start or continue doing any of the works if we believe there’s a health and safety risk, for example: hazardous chemicals, pest infestations, verbal or physical abuse, or harassment. If any asbestos needs to be removed beforehand, you’ll need to arrange and pay for someone else to remove it and give you a Certificate of Reoccupation which you’ll need to show us 4. We will accept no legal
responsibility or liability for, and the warranty and guarantee shall not include: (i) offering you cash instead of carrying out repairs or replacements; (ii) an annual service; (iii) any accidental damage; (iv) repairs or replacement for minor damage that (a) doesn’t stop your boiler or system from working properly or (b) that makes it unsafe, for example if you’ve scratched your boiler casing; (v) any damage, defect or repair which is caused directly or indirectly by your negligence or default or that of any third party or deliberately damaged or misused (our engineer will use their expert judgement to determine how the damage was done); (vi) any damage that’s caused by changes in, or problems with, the supply of your gas, water or electricity; (vii) any loss or damage you suffer if someone changes or interferes with the radio frequency setting of equipment at your site or it’s affected by interference; (viii) any defect or faults which may arise later in any part, equipment or ancillary plant that was not included in the estimate; (ix) any fault or defect relating to your internet connection or wi-fi, we’re not responsible for data transmission to, or from, appliances, devices or control systems; (x) any loss of, damage to, or cleaning of property, furniture, site or fixtures as a result of your boiler or system breaking or failing unless we caused it, for example damage caused by water leaks; (xi) any damage caused by flood, explosion, lightning, storms, frost or other bad weather conditions; (xii) any structural issues that arise at the site after the works are complete, unless these issues arise as a direct result of our negligence; (xiii) any fault or defect relating to energy or central heating management systems; (xiv) repair or replacement of your gas supply pipe; (xv) damage caused by you failing to follow the manufacturer’s instructions; (xvi) self-maintenance tasks, for example re-pressurising and resetting the boiler and controls, bleeding radiators and thawing frozen condensate pipes; (xvii) replacing or topping up your system inhibitor unless we have removed it; (xviii) costs relating to access or making good any repairs in accordance with the warranty or guarantee; (xix) any improvements or upgrades for example swapping standard radiator valves for thermostatic ones and replacing electrical cables that still work. We’re not responsible for any improvements or upgrades as a result of legislation (Health & Safety or otherwise) or to meet current standards); (xx) any part of your boiler, controls or system which directly supplies another appliance, ancillary plant or facility such as a swimming pool; (xxi) resetting your controls or replacing the batteries; (xxii)any faults which existed prior to this contract and are not included in the quotation regardless of whether we’ve told you about them before and you haven’t had them fixed or if we couldn’t reasonably have been expected to know about before, for example, faulty pipes that don’t have the correct protection and which are buried under concrete floors; (xxiii) any loss of water to the system through radiator bleeding or leakage which results in the boiler failing to function. This will require manual intervention to re-pressurise the system via the manual filling loop and such method will be explained to you on completion of the works, you should check all of the above prior to placing any warranty or guarantee call out as call outs for this purpose will be chargeable. 4.6 For the warranty and guarantee, we shall have the right, at our sole option, to repair or replace any defective work or part, and any part removed automatically becomes our property. To keep your warranty valid, you must have an annual service on your boiler from year 2, and each year after that, and you’ll need to have your boiler serviced by a Gas Safe registered engineer. This will keep your warranty valid and help make sure your boiler is working safely and efficiently. We can do this for you, or you can choose someone else to carry out the annual service done because you’ll be asked for it if your boiler breaks down replace any parts these will be British Standard approved and may not necessarily be an identical make and model or type of fitting. If our engineer doesn’t have the parts they need with them, we will first try to get original parts – or if not possible, reconditioned parts from the original manufacturer or an approved supplier. 4.1 From time to time, we may tell you that your boiler or system needs permanent repairs or improvements that aren’t covered by your warranty or guarantee to keep them working safely. For example, if your ventilation doesn’t meet current gas safety regulations. If you don’t follow this advice it may affect your ability to claim under your guarantee or warranty. 4.2 At the end of the guarantee and warranty, we will offer you the opportunity to purchase similar products at an additional cost. If you choose not to renew with us, the manufacturer’s residual warranty may continue to apply where appropriate. Please note a manufacturer’s residual warranty will be subject to its own terms and conditions and we strongly recommend you read these carefully especially in relation to exclusions for example: it may require an annual service visit every year to ensure the warranty remains valid and using the appliance that has the benefit of the warranty for commercial use could affect the warranty. 5. Variations 5.1 We shall be at liberty to refuse to undertake any variation(s): (i) until we have received full payment for that variation; and/or (ii) where the variation substantially changes the volume or the nature of the works to be carried out pursuant to the contract. 5.2 Any work that is outside the scope of the estimate or quotation and is not a variation will be construed as a separate quotation (notwithstanding that the work carried out may be at the site or related sites where the works are being carried out) and a separate estimate, quotation or invoice will be issued. 6. Insurance 6.1 We will take out and maintain suitable levels of insurance (as we deem appropriate, using our sole discretion), in the event of any claims which are directly associated with the works and which arise out of our liability to persons or property, up to and including the completion date or the date of termination of our employment (whichever is earlier). 6.2 You will be required to take out and maintain a suitable joint names policy with your insurance provider that includes us up to and including the completion date or the date of termination of our employment (whichever is earlier) for: (i) the existing structures, together with the contents thereof owned by you or for which you are responsible for the full cost of reinstatement; and (ii) all risks insurance for the full reinstatement value of the works, and such cover shall include a waiver by the relevant insurances of any right of subjugation which they have against us or any sub-contractor. 7. Assignment and sub-contracting 7.1 We shall be at liberty to subcontract the whole or any part of the works to other contractors, suppliers and may assign/novate our rights and obligations under this contract to another contractor or supplier. 7.2 Each estimate, quotation or invoice is personal to you and may not be assigned or transferred without the prior written consent of Axis Plumbers. 8. Force majeure and delay 8.1 A force majeure event is where an event occurs beyond the control of the Axis Plumbers team and such circumstances shall include: (i) the need to transfer Axis Plumbers team personnel from the works to an emergency or other works which they may be required to carry out; (ii) the non-availability for any reason of any materials or labour; (iii) the refusal, neglect or delay by you or your servants, agents or tenants to provide full access to the site; or by reason of the site being rendered unfit for the works to be carried out under this contract as a result of vandalism, squatting, other actions of third parties, environmental conditions or by infestation of insects or vermin; (iv) industrial action by your employees or the Axis Plumbers team; (v) the discovery of items of historical, archaeological, or specific scientific interest or ground/site conditions which could not have been reasonably foreseen; (vi) exceptional adverse weather conditions; (vii) any council, local authority, traffic management or transport operators’ restrictions or permissions; (viii) any network owner permit restrictions or permissions; (ix) any other event or circumstance of force majeure; and (x) delays of which the Axis Plumbers team would not reasonably have been aware at the date of issue of each quotation or which may subsequently arise after the quotation or as may subsequently be imposed under the terms of any Licence as defined and issued under the New Roads and Street Works Act 1991, as amended or updated, or reasonably requested by any highway authority acting in accordance with its statutory powers. 9.2 Provided that the Axis Plumbers team uses reasonable endeavours to avoid or minimise delay it shall not be liable to you in respect of any delay in commencing or completing the works. In the event that a force majeure arises at any time during the works, Axis Plumbers may terminate this contract forthwith and the provisions of Clause 11.2 shall apply. 8.2 Provided that the Axis Plumbers team uses reasonable endeavours to avoid or minimise delay it shall not be liable to you in respect of any delay in commencing or completing the works. In the event that a force majeure arises at any time during the works, Axis Plumbers may terminate this contract forthwith and the provisions of Clause 11.2 shall apply. 10. Equipment and intellectual property 10.1 Unless otherwise provided in each estimate: (i) Axis Plumbers, as appropriate, shall at all times own the equipment and materials installed by us in connection with the works up to the completion of the works. You shall at all times, after completion of the works, own and be responsible for maintenance of the equipment and materials installed by us in connection with the works. Risk of damage or loss of all equipment and materials shall be yours after delivery to the site and Axis Plumbers shall be entitled to charge you in respect of any necessary repair or replacement unless due to the wrongful act of the Axis Plumbers team. 10.2 All patents, copyright or other intellectual property rights in documents or items created or provided by Axis Plumbers in connection with the works shall be owned by and vest in Axis Plumbers and you shall return any copies thereof in its possession on demand or, in any event, on completion of the works or termination of this contract. 10.3 You shall grant Axis Plumbers a royalty-free non-exclusive licence to use any of your intellectual property required for the purpose of enabling Axis Plumbers to carry out the works and you warrant to Axis Plumbers that you are entitled to grant such licence without infringing the rights of any third party. 11. Termination 11.1 This contract may be terminated by written notice: (a) by sending us written notice, up to 14 (fourteen) days’ prior to the commencement of the works, informing us you would like to cancel; (b) by us for any reason prior to the commencement of the works; (c) by us at any time where there is a change to the scope of the works or where you do not carry out any of your obligations under these standard conditions; or (d) by Axis Plumbers immediately, if you: (i) go into liquidation (or being an individual is bankrupt) or compounds with or convenes a meeting of its creditors or has a receiver, manager or administrator appointed or ceases or there is a potential that your business may cease; or (ii) commit a material breach of any term or a breach of any material term of the contract (as determined by us) which is (a) irremediable or (b) where such breach is capable of remedy, you have failed to remedy the breach to our satisfaction within 7 (seven) calendar days of receiving written notice requiring it to do; or (iii) as otherwise provided for in the standard conditions. 11.2 Upon termination of this contract, we shall repay your security deposit (if applicable) minus any costs listed below and where you have not paid a deposit you shall pay Axis Plumbers Ltd for any of the costs listed below: (i) full payment of all instalments already due at the date of termination for any of the works; (ii) reimbursement of costs and expenses incurred by Axis Plumbers up to the date of termination or for which with carrying out the works; and (iii) any costs incurred by Axis Plumbers in reinstating the site and 12. Liability and defects 12.1 Subject to Clause 12.4, the liability of Axis Plumbers to the customer in respect of all claims arising out of or in connection with this contract in relation to a particular phase (including as a result of breach of contract, negligence or any other tort, under statute or howsoever caused) will be limited to the lower of the invoice price for the phase to which the claims relate. The total liability of Axis Plumbers in respect of all claims across all phases will be limited to the lower of: (a) the invoice price as set out in each invoice. 12.2 Subject to Clause 12.4, if there are no phases the liability of Axis Plumbers to the customer in respect of all claims arising out of or in connection with this contract (including as a result of breach of contract, negligence or any other tort, under statute or howsoever caused will be limited to the lower of the invoice price as set out in the estimate or quotation 12.3 Subject to Clause 12.4, Axis Plumbers will not be liable for: (i) any loss (whether direct or indirect) of profits, revenue, use, business, goodwill or business opportunity howsoever caused; (ii) any liquidated damages that may arise in connection to the works; (iii) any loss as a result of a delay to the works; (iv) any loss (whether direct or indirect) of data; or (v) any indirect, special or consequential loss or damage in each case arising out of or in connection with this contract (whether the claim is brought for breach of contract, negligence or any other tort, under statute or otherwise howsoever caused). 12.4 Nothing in this contract will limit Axis Plumbers liability for: (i) death or personal injury resulting from the negligence of that party or its officers, agents, employees or sub-contractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which liability cannot by applicable law be limited. 12.5 Axis Plumbers accepts no liability for any defect (or for its repair) which is caused directly or indirectly by the negligence or default of the customer or of any third party. 12.6 The warranty, the guarantee and the foregoing provisions of this Clause 12 sets out the customer’s sole and exclusive remedy against Axis Plumbers for any defects, howsoever caused, and for any loss, damage or expense caused by or relating to any defect. For the avoidance of doubt, in the first instance, Axis Plumbers has the right, at its sole option, to repair or replace any defective items or part of the works, and any parts removed automatically becomes the property of Axis Plumbers. If, in the sole discretion of Axis Plumbers, repair and replacement is not economically or technically feasible or effective, then we may offer you an appropriate partial or full credit or refund of amounts paid with respect to the defective works, save that, subject to Clauses 12.1 and 12.4, in no event shall we be liable for any amount in excess of the invoice price. 13. Disputes 13.1 If a dispute arises out of or in connection with this contract or the performance, validity or enforce-ability of it (“dispute”) then the parties shall follow the procedure set out in this Clause: (i) either party shall give to the other written notice of the dispute, setting out its nature and full particulars (“dispute notice”), together with relevant supporting documents. On service of the dispute notice, the complaint coordinator of Axis Plumbers and a representative of the customer shall attempt in good faith to resolve the dispute; (ii) if the complaint coordinator of Axis Plumbers and a representative of the customer are for any reason unable to resolve the dispute within 30 (thirty) calendar days of service of the dispute notice, the dispute shall be referred to the complaint manager of Axis Plumbers and a senior official of the customer who shall attempt in good faith to resolve it; and (iii) if the complaint manager of Axis Plumbers and the senior official of the customer are for any reason unable to resolve the dispute within 90 (ninety) calendar days of it being referred to them, the parties will attempt to settle it by mediation. The mediator shall be appointed by us. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the dispute, requesting mediation. A copy of the ADR notice should be sent to the mediator once appointed. Unless otherwise agreed by the parties, the mediation will start not later than 30 (thirty) calendar days after the date of service of the ADR notice. 13.2 Where (a) the parties agree that the dispute cannot be settled by mediation in accordance with Clause 13.1 or (b) within 60 (sixty) calendar days of commencement of the mediation, or such further period as the parties shall agree in writing, the parties shall be free to pursue claims relating to the dispute in the Scottish courts in accordance with Clause 15. For the avoidance of doubt, where one party does not engage with the process of Clause 13.1 within the timescales, the other party shall be free to pursue claims relating to the dispute in the Scottish courts in accordance with Clause 14. 14. Entire Agreement 14.1 This contract contains all the terms which the customer and Axis Plumbers have agreed in relation to the works and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 14.2 The customer acknowledges that it has not relied upon any warranty, representation, statement or understanding made or given by or on behalf of us which is not set out in this contract and agrees that it shall have no claim in respect of the same. 14.3 Each party agrees that it shall not claim for innocent or negligent misrepresentation or misstatement based on any statement in this contract 14.4 Each party acknowledges no waiver, alteration or modification to this contract shall be valid unless made in writing and signed by a duly authorised representative of Axis Plumbers. 14.5 Nothing in this contract will exclude any liability which one party would otherwise have to the other
party in respect of any statements made fraudulently. 15. Jurisdiction 15.1 This contract shall be governed and construed in accordance with the laws of Scotland and subject to the exclusive jurisdiction of the Scottish courts. 16. Severance 16.1 If any provision(s) of this contract is found by a court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from this contract and the remaining provisions of this contract shall continue in full force and effect. Notwithstanding the foregoing, the parties shall thereupon negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision so found to be void or unenforceable. 17. Your personal information 17.1 This Clause 17 applies only to personal information we hold about individual people (including your employees, contractors or agents), people registered as sole traders and partnerships as allowed by the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other privacy laws that apply to this contract. Where you provide, or allow us access to, the personal information of your employees, customers, contractors or agents, you shall notify those individuals of the ways in which we shall use personal information, as set out in this Clause 17. 17.2 Over time, we’ll collect various kinds of personal information about you – from sensitive details, for example contact details, bank details, health issues, criminal records, to your tastes and preferences. 17.3 We may also monitor and record our phone calls, conversations and other communications with you to make sure we’re living up to the standards we want, as well as the relevant laws and regulations. 17.4 We may sometimes use partners from outside the European Economic Area (EEA), where the laws and regulations on personal information may be less strict than in the UK. Even so, we’ll continue to hold ourselves and our partners to the standards set out in this privacy statement. 17.5 If you’re giving us information on behalf of someone else, you confirm that they’ve seen this contract and/or given you permission for us to use their information the way we’ve described here. 17.6 If you give us sensitive information about yourself or other people, for example, health details or details of any criminal convictions of members of your household or business, you also agree and confirm that the person the information is about has agreed that we can use this information in the way we’ve described here. 17.7 You’ve the right to have a copy of the information we hold about you, for a small charge, and to ask for us to correct any mistakes. Email: [email protected] 17.8 We may use your information: (i) to get in touch with you by email, phone, text message, business or home visits or other means, for example smart meters; (ii) to bring you information about products and services you’ve asked for, including loyalty and incentive schemes; (iii) to tell you about other products and services from us or our third party partners we think you’ll be interested in –unless you ask us not to contact you with offers, which you can do at any time by contacting us and giving us your account details or by notifying us during any customer service call; (iv) to collect any money you owe us or selling your debt to another company and giving them your details; (v) to check your credit history and checking your details with credit reference and fraud prevention agencies to make sure you can afford the goods and services you’ve asked for. See our privacy policy at www.axisplumbers.com/support/ for more on this; and (vi) to keep you safe and secure and protecting you and everyone who lives in your home or business. 17.9 We may use your information to help us improve our services including: (i) asking for your opinion or getting your feedback on how we run your account, or our products and services and we can improve how we work or what we offer; (ii) changing how we run your account, or our products and services for the better – including training our staff; and (iii) to understand our customers better and look at statistics and trends, building customer profiles, testing computer systems and coming up with new sales and marketing opportunities. 17.10 We may use your information to take: (i) legal action or respond to it including making our case or defending ourselves; (ii) to comply with the authorities and sharing what we know with the Government, regulators, police, other law enforcement agencies, auditors or lawyers, if they ask for it and have the right to know it. For example, sharing information with the Government to help stop fuel poverty, or with law enforcement bodies for the prevention or detection of fraud and (iii) as part of the standard sales process if we sell our business. 18. Glossary and Interpretation 18.1 In these standard conditions, when the following words are shown in bold they have the meanings shown below: (i) abortive site visit means a visit to site or other applicable location where the Axis Plumbers team are prevented from starting or completing a job request due to: (a) the customer failing to keep an appointment on the agreed date (b) circumstances outside the control of the Axis Plumbers team which could not be reasonably anticipated by the Axis Plumbers team including access issues, obstructions, weather or the working environment or (c) where the customer cancels or materially amends a job request involving an appointment within 12 hours of the scheduled time of the appointment. (ii) accidental damage means when you do something that stops your boiler or system from working properly – without meaning to; (viii) consumer has the same meaning as defined in the Consumer Rights Act 2015; (ix) contract means these standard terms and each quotation, any variation, any applicable written notices in accordance with these standard terms and any applicable attached side letter; (x) contractor means any service provider selected and approved by Axis Plumbers (each a contractor and together the contractors) to carry out the works and shall include any relevant sub-contractors; (xi) controls means the controls outside of your boiler that make it work, including the programmer, any thermostats, motorized zone values, and central heating pump and the pipes and wires that connect them; (xii) customer means the company, partnership or person (acting in their capacity as a sole trader or a consumer) named in each invoice and customer shall be referred to as customer or ‘you’ in these standard conditions; (xiii) delay means where (a) the works are prolonged (b) the start date and/or the completion date of the works is amended or (c) an incident that affects the performance of a particular activity or programme arises; (xiv) force majeure has the meaning set out in Clause 9; (xv) guarantee has the meaning given to it in Clause 4; (xvi) normal working hours means between the hours of 8am to 4.30pm on the working days; (xvii)phase means each separate stage of the works (if any) and shall be set out in each quotation in respect of that phase; (xviii) quotation means the form that is titled “your quotation” and includes a description of the works and costs of the works; (xix) quoted price means the price (or prices) set out in each quotation; (xx) site means the location and premises listed in the quotation where the works will be carried out; (xxi) standard conditions means these terms and conditions; (xxii)survey means the initial survey carried out by Axis Plumbers; (xxiii) system means the heating system at site and generally comprise an pump, controls, radiator and valves, hot water cylinder and expansion tank (where fitter) motorised valve(s), room, thermostat(s) and programmer/timer, together with the primary system composed of pipe work and wiring (but excluding cold water supply pipes, hot water taps/ thermostatic mixing valves and pipework associated with these. For clarity, it does not include the flue; (xxiv) traffic management means any costs in accordance with the Traffic Management Act 2004 or such other costs as deemed appropriate by us and shall include associated authority charges, council traffic management charges and any costs for specialist traffic management where alterations are required; (xxv) variation means an alteration or addition to the scope of the works; (xxvi) VAT means value added tax as described in the Value Added Tax Act 1994; (xxvii) works means the works set out in each invoice and shall include the phases if any and any work required to our guarantee and warranty (where applicable); and (xxviii) working day means a weekday excluding any bank or public holidays in the United Kingdom. 18.2 Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 18.3 A reference in writing or written includes faxes and e-mails. 18.4 A reference to a statute, regulation or statutory/regulatory provision is a reference to it as it is in force for the time being, taken account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. Notice Gas Safety (Installation and Use) Regulations 1998 If any installation work is carried out for you by any installer other than the Axis Plumbers accredited agent, it shall be the responsibility of the customer to satisfy himself that such work complies with the Gas Safety (Installation and Use) Regulations 1998, as amended or modified, copies of which can be obtained from HM Stationary Office or from Government bookshops. Electrical Protective Equipotential Bonding The customer’s attention is drawn to the requirements of BS 7671:2008, The Requirements for Electrical Installations (The 17th Edition of the IEE Wiring Regulations), as amended or updated. Where an electrical installation relies on “Automatic Disconnection of Supply” (ADS) for protection against electric shock, the customer’s electrical installation requires main protective bonding conductors to connect the installations main earthing terminal and extraneous conductive parts including the water and gas installation pipes. Any protective equipotential bonding work must be carried out by a competent person such as a qualified electrician, an approved electrical contractor or your electricity distributor. The customer is responsible for making arrangements for any protective equipotential bonding. Where a TN-C-S, Protective Multiple Earth (PME) connection is to be made, Protective Equipotential Bonding in accordance with the requirements of BS 7671: 2008 must be in place prior to the connection being made. Water Installation Pipework/Cabling All new installations must comply with the Water Supply (Water Fittings) Regulations 1999, as amended. Specific requirements apply under The Water Industry Act 1991, if a water supplier considers fittings are at significant risk of contamination. Materials and fittings must comply with the above regulations. A competent plumber should be used to ensure any work carried out complies with these regulations.