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1. THESE TERMS

These terms, along with any pertinent business policies or documents accessible on our website(s), constitute the agreement governing the provision of services (and/or goods) to you by independent, self-employed professional workers (“engineers”) chosen and coordinated by us on your behalf. We act solely as agents for these engineers in forming the contract with you.
You acknowledge and agree that the engineers are the primary parties under any contract formed with you, with us acting solely as their agent. This acknowledgment is a fundamental aspect of the contract between us.

It’s important to carefully review these terms before you finalize your order with us. They provide essential information about our identity, how we’ll deliver services (and/or goods) to you, the procedures for changing or terminating the contract, steps to take in case of any issues, and other important details. If you believe there’s an error in these terms or if you think they need modifications, please don’t hesitate to contact us via email at office@swiftplumber.co.uk to inform us of the perceived issue.

To ensure clarity regarding your rights under these terms, it’s important to determine whether you are classified as a consumer or a business customer. Your classification may impact certain aspects of the services (and/or goods) we provide, and different rights may apply accordingly. If you’re unsure about your classification or if you have any questions regarding how these terms apply to you as a consumer or a business customer, feel free to reach out to us for clarification.

Based on the provided criteria:
(a) You are an individual; and
(b) You are purchasing services (and/or goods) from the engineers primarily for personal use, rather than for use in connection with any trade, business, craft, or profession that you carry on.
If both of these statements apply to you, then you are classified as a consumer under these terms.

If you are a business customer, these terms represent the complete agreement between us concerning your procurement of services (and/or goods). You acknowledge that you have not placed reliance on any statement, promise, representation, assurance, or warranty made or provided by us (on behalf of the engineers) that is not outlined in these terms. Additionally, you agree that you shall not have any claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement made by us in the contract with you.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

These Terms and Conditions are provided by OSO Engineering LTD, a private limited company with company number 10996831, headquartered at 7 Bell Yard, London, England, WC2A 2JR, trading as ‘https://swiftplumber.co.uk/’ and ‘Swift Plumber’ (or any other trading names or styles used from time to time) (referred to as “we,” “us,” or “our”).
2.2 How to contact us. You can contact us via the details available on the webpage: https://swiftplumber.co.uk/. These details include contacting us by email at office@swiftplumber.co.uk or by telephone at 02045772918.
2.3 How we may contact you. If we need to contact you, we will primarily do so by telephone and/or by writing to the email address you provided in your order. We may also contact you at your postal address if necessary.
2.4 “Writing” includes emails. When we refer to “writing” (or “written”) in these terms, it includes emails, provided such emails can be clearly evidenced as having been received by the relevant recipient.

3. THE CONTRACT WITH YOU

3.1 How we will accept your work order. Our acceptance of your order will occur when we communicate our acceptance to you via email or other means. At this point, a contract will be formed between you and the relevant engineers, with us acting as their agent.
3.2 If we are unable to accept your work order. If we cannot accept your order, we will promptly inform you and will not charge you for any services or goods ordered. This may happen due to various reasons such as unavailability of services or goods, inability to meet credit requirements, pricing errors, or inability to deliver within a reasonable timeframe.
3.3 Your work order number/reference. We will assign a work order number or invoice reference to your order and will notify you of it as soon as possible. It would be helpful if you could provide this reference when contacting us about your order.
3.4 We primarily sell to the UK. Our services and goods are promoted for supply within the UK only. Therefore, we reserve the right to decline orders or services outside the UK.

4. SERVICES (AND/OR GOODS)

4.1 Image accuracy disclaimer. Images of services or goods on our website are for illustrative purposes only. While we strive to accurately depict their appearance, electronic displays may not precisely reflect the actual appearance of the services or goods provided. Therefore, there may be slight variations in appearance between the images and the actual services or goods you receive.
4.2 Variation in goods packaging. The packaging of goods supplied to you may differ from the packaging shown in images on our website.
4.3 Accuracy of your requirements. If we arrange services or produce goods based on your specific requirements, you are responsible for ensuring that these requirements are accurate and suitable.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 Requesting changes to orders. If you want to modify any services or goods you have ordered, please get in touch with us. We will promptly inform you if the change is feasible. If it is possible, we will notify you of any adjustments to the price, delivery timing, or other relevant details resulting from your requested change. We will then promptly request your confirmation regarding whether you wish to proceed with the requested modification.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor adjustments to services or goods. We reserve the right to make minor changes to any services or goods ordered:
(a) to comply with changes in relevant laws and regulatory requirements as they arise;
(b) to implement technical adjustments and enhancements, such as addressing health or safety concerns.
These minor changes should not significantly impact your use of the item or property subject to the services or any goods supplied.
6.2 More substantial changes to services or goods and/or these terms. Additionally, the engineers (or we) may find it necessary to make more significant changes to the services or goods to be supplied, based on specific circumstances arising in your case, or to the provisions of these terms. If such changes are made, we will promptly notify you. You may then contact us to terminate the contract before the significant changes take effect.
You will be responsible for all services or goods received up to the point when such changes are communicated to you.

7. PROVIDING THE SERVICES (AND/OR GOODS)

7.1 Cost clarification. The costs associated with the provision of our services or the delivery of any goods will be clearly communicated to you at the outset of our interaction with the engineers or us. Additionally, these costs will be explicitly outlined in the confirmation email sent as part of the contract formation process.

7.2 When the services (and/or goods) will be provided.

(a) If we are arranging the provision of one-off services, we will ensure that the services commence at the agreed-upon date and time as determined during the order process. The estimated completion date and time for the services will be communicated to you during the order process and updated as necessary by the engineer or us.
(b) If the provision of services or supply of goods is ongoing, we will continue to arrange the supply of services or goods to you until either (i) all services are completed or goods are supplied, (ii) you end the contract as described in paragraph 8, or (iii) we end the contract by providing written notice to you as described in paragraph 10.
(c) If we are arranging the supply of goods only and those goods are not immediately available from the engineers, we will aim to contact you with an estimated delivery date or agree upon a delivery date within a reasonable period after accepting your work order.

7.3 We are not accountable for delays in commencement beyond the engineers’ or our control. If the start of the services or delivery of goods we arranged is postponed due to an event beyond our control, the engineers or we will promptly engage with you to communicate the situation and take necessary steps to minimize the impact of the delay. As long as the engineers or we fulfill this obligation, neither party will be held liable for delays resulting from such events. However, if there is a risk of significant delay, you have the option to terminate the contract. In such cases, you will be responsible for payment for any services or goods not yet received.

7.4 Collection of goods by you. If you’ve requested to collect any goods from the engineers or any relevant premises, you can do so at any time during the working hours on weekdays, excluding public holidays.

7.5 If you’re not at home when the services or goods are scheduled for delivery or supply, and access cannot be arranged otherwise, we’ll leave a note with instructions on how to reschedule delivery or collect the goods from the engineers or relevant premises.

7.6 If you fail to collect the goods or rearrange delivery after a failed attempt, we’ll contact you for further instructions. We may charge you for storage and additional delivery costs. If we can’t reach you or rearrange delivery despite reasonable efforts, we may end the contract (as per paragraph 10.2).

7.7 If you deny the engineers access to perform the services without valid reason, we may charge you for any additional costs incurred. If we can’t reach you or arrange access despite reasonable efforts, we may end the contract (as per paragraph 10.2).

7.8 You become responsible for any goods supplied under the contract from the moment we arrange delivery to the address you provided or when you or a carrier arranged by you collect them from the engineers or relevant premises.

7.9 Ownership of any goods supplied under the contract transfers to you only once we have received full payment for those goods.

7.10 If we (or the engineers) require specific information from you to arrange the supply of services (and/or goods), we will communicate this requirement to you in our email or other communications, or on our website(s). If you fail to provide this information within a reasonable time or provide incomplete or incorrect information, we (or the engineers) may either terminate the contract (subject to paragraph 10.2), or impose an additional charge to compensate for any extra work required. We will not be liable for any delays in the supply of services (and/or goods) caused by your failure to provide the necessary information promptly.

7.11 Reasons the engineers (or we) may suspend the supply of services (and/or goods) to you include:

(a) Dealing with technical problems or making appropriate technical changes;
(b) Updating the services (and/or goods) to reflect changes in relevant laws and regulatory requirements; and/or
(c) Making changes to the services (and/or goods) either as requested by you of the engineers (or us) or as notified by the engineers (or us) to you (see paragraph 6).

7.12 Your rights if the engineers (or we) suspend the supply of services (and/or goods) include:
We will aim to contact you in advance to inform you of the suspension of the supply of services (and/or goods), unless the problem is urgent or an emergency.
If the engineers (or we) suspend the supply of services (and/or goods) for longer than an immaterial period of time, the engineers (or we) will likely need to adjust the price so that you do not pay for services (and/or goods) while they are suspended.
You may contact us to end the contract if the engineers (or we) suspend it, or if the engineers (or we) inform you of the suspension for any period longer than immaterial. In such cases, we will arrange the refunding of any sums that you have paid in advance for services (and/or goods) in respect of such period after you end the contract.

7.13 The engineers (or we) may also suspend the supply of services (and/or goods) if you do not pay. If you fail to make payment for the supply of services (and/or goods) when due, and you do not make payment within a reasonable period after we remind you, we may suspend the supply of services (and/or goods) until you have paid the outstanding amounts. We will promptly contact you to inform you of the suspension of supply of services (and/or goods) in such circumstances. However, we will not suspend the supply of services (and/or goods) if you genuinely dispute any relevant unpaid charges or invoice. During the suspension period, we will not charge you for services (and/or goods). Additionally, we reserve the right to charge interest on overdue payments.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have ordered or bought, whether there is anything wrong with it, how we or our engineers are performing, when you decide to end the contract, and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed – you may have a legal right to end the contract, get any service re-performed, get any goods repaired or replaced, or get some or all of your money back – see paragraph 12 if you are a consumer, and see paragraph 13 if you are a business;
(b) If you want to end the contract because of something we or the engineers have done or have told you we or the engineers are going to do – See paragraph 8.2;
(c) If you are a consumer and have just changed your mind about the services or goods – See paragraph 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to appropriate deductions, and you will have to pay the costs of return of any goods supplied;
(d) In all other cases, if we are not at fault, and you are not a consumer exercising your right to change your mind – See paragraph 8.7.

8.2 Ending the contract because of something we or the engineers have done or are going to do. If you are ending a contract for a reason set out in sub-paragraphs (a) to (e) below, the contract will end immediately, and we will refund you in full for any services or goods which have not been provided (and you may also be entitled to compensation). The reasons are:

(a) We or the engineers have informed you about an upcoming change to the supply of services or goods, or to these terms, which you do not agree to (see paragraph 6.2);
(b) We or the engineers have notified you about an error in the price or description of the services or goods that you have ordered, and based on that information, you do not wish to proceed;
(c) There is a significant risk that the supply of services or goods may be substantially delayed due to events beyond our or the engineers’ control;
(d) We or the engineers have suspended the supply of the services or goods for technical reasons, or we or the engineers have informed you of our intention to suspend it for technical reasons, for a period longer than immaterial;
(e) You have a legal right to terminate the contract due to something we or the engineers have done incorrectly.

If you are a consumer, you have the right to change your mind within fourteen (≤14) days for most services or goods purchased online, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are further detailed in these terms.

Our trading practices may include goodwill guarantees voluntarily offered to our UK customers, which could be more generous than your legal rights under the Consumer Contracts Regulations. It’s important to note that these goodwill guarantees do not affect your legal rights regarding faulty or misdescribed services or goods.

Your rights as a consumer to change your mind do not apply in the following cases:

(a) Services and/or goods with expressly specified cancellation restrictions: If it has been expressly specified that cancellation rights do not apply, or if there are other legitimate reasons why cancellation rights should not apply. For example, in situations where immediate or emergency services are provided, and completion is intended upon the first visit. By accepting the confirmation email, you acknowledge and understand that the contract involves a situation where the standard cooling-off period of fourteen (14) days is unsuitable and therefore waived by you.
(b) Services completed during the cancellation period: Once services have been completed, even if the cancellation period is still ongoing, you cannot change your mind.

If you are a consumer, the time you have to change your mind depends on what you have ordered and how it is delivered.

(a) If you’ve purchased services, you have fourteen (14) days after the day we email you to confirm the acceptance of your order to change your mind. However, once the services are completed, you can’t change your mind, even if the period is still running. If you cancel after the services have started, you must pay for the services provided up to the point you notify us of the change. However, you have the right to opt-out of any additional works identified during the initial visit that were not part of your original order.
(b) If you’ve purchased goods, you have fourteen (14) days after the day you (or someone you nominate) receive the goods unless and until the goods are incorporated into any services provided to you. If your goods are delivered in several parts over different days, you have until fourteen (14) days after receiving the last delivery. If your goods are for regular delivery over a set period, you have until fourteen (14) days after receiving the first delivery.

8.7 Ending the contract where we (or the engineers) are not at fault and there is no right to change your mind. Even if we (or the engineers) are not at fault, and you are not a consumer who has a right to change their mind (see paragraph 8.1), you can still end the contract with made with us (on behalf of the engineers) before it is completed, but you may have to pay us compensation. A contract for the supply of services is completed when the services have finished being provided (and you have paid for them). A contract for the supply of any goods is completed when the product is delivered (and you have paid for them). If you want to end a contract before it is completed (where we are not at fault, and you are not a consumer who has changed their mind), please contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services (and/or goods) which have not been provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by taking one of the following actions:
To end the contract with us, including if you are a consumer who has changed their mind, you can follow these steps:
Communicate Your Decision: If you are a consumer and wish to cancel your order within the applicable cooling-off period, you can inform us of your decision to cancel. You can do this by contacting us via email, phone, or any other means provided for communication.
Provide Necessary Information: When contacting us to cancel the contract, ensure that you provide all necessary information, such as your order details, contact information, and any other relevant details requested by us to process the cancellation.
Return Goods (if applicable): If you are returning goods as part of the cancellation, make arrangements to return the goods to us in their original condition and packaging, unless the goods are exempt from return due to their nature.
Pay for Services Provided (if applicable): If you have received services before canceling the contract, you may be required to pay for the services provided up to the point of cancellation, as per the terms outlined in the contract.
Confirm Cancellation and Refund: Once we receive your cancellation request and any returned goods (if applicable), we will confirm the cancellation of the contract and arrange for any applicable refunds or payments as per the terms of the contract and relevant consumer protection laws.
Follow-Up: Keep track of any communication from our end regarding the cancellation process, including confirmation of cancellation, refund processing, or any further instructions.
By following these steps, you can effectively end the contract with us, whether you are a consumer exercising your right to cancel within the cooling-off period or for any other reason outlined in the contract terms.
9.2 Returning any goods after ending the contract. If you end the contract for any reason after any goods have been dispatched to you, you must return them. You must either return the relevant goods in person to where they were bought from, post them back to (us or) our engineer) at (our or) their principal place of business address (as notified to you), or (if they are not suitable for posting) allow (us or) our engineer to collect them from you. Please contact us via email at: office@swiftplumber.co.uk or via the contact form available at: https://swiftplumber.co.uk/ – for a return label or to arrange collection. If you are a consumer exercising your right to change your mind, you must return the goods to us (or our engineer) within fourteen (≤14) days of telling us you wish to end the contract.
To return any goods after terminating the contract, follow these steps:
Contact Us: Reach out to us via email at office@swiftplumber.co.uk or through the contact form available at https://swiftplumber.co.uk/ to initiate the return process. Provide your order details and reason for return.
Request a Return Label or Arrange Collection: In your communication, request a return label if you plan to send the goods back by post. Alternatively, arrange for our engineer to collect the goods from your location if they cannot be posted.
Prepare the Goods for Return: Ensure the goods are securely packaged and in their original condition, including any accessories or documentation.
Return the Goods: If you’re a consumer exercising your right to change your mind, return the goods to us (or our engineer) within fourteen (≤14) days of notifying us of your decision to terminate the contract.
Return Address: Return the goods either in person to the address provided or by post to our engineer’s principal place of business address, as notified to you.
Proof of Return: Keep proof of postage or shipment for your records, especially if returning by post.
Once we receive the returned goods, we’ll proceed with the refund according to the terms of the contract and applicable consumer protection regulations. If you need further assistance or have questions about the return process, don’t hesitate to contact us via email or the provided contact form.

9.3 When (we or) the engineers will pay the costs of return. (We or) the engineers will pay the costs of return:
(We or) the engineers will cover the costs of return under the following circumstances:

Faulty or Misdescribed Goods: If the goods are faulty, misdescribed, or not as advertised, (we or) the engineers will bear the return costs. This includes situations where the goods do not match the description provided or are of unsatisfactory quality.
Consumer Exercising Right to Change Mind: If you’re a consumer exercising your right to change your mind within the specified timeframe, (we or) the engineers will also cover the return costs.
Please ensure to communicate the reason for return clearly when initiating the return process so that we can appropriately handle the return costs. If you have any questions or need further clarification, feel free to reach out to us via email or the provided contact form.

If you are liable for the return costs and (we or) the engineers are arranging the collection of the goods from you, we (on behalf of the engineers) reserve the right to charge you the direct expenses incurred for this collection service. These charges will reflect the actual cost to (us or) the engineers for collecting the goods. It’s essential to be aware of this possibility when initiating the return process to avoid any surprises. Should you have any inquiries or require further details, please don’t hesitate to contact us via email or the provided contact form.

If you qualify for a refund according to the terms outlined, (we or) the engineers will process the refund for the amount you paid for the services (and/or goods), inclusive of any delivery charges, using the original payment method you utilized. However, it’s important to note that (we or) the engineers may make deductions from the refund amount under certain circumstances, as detailed below.

9.6 When the engineers (or we) may make a deduction from refunds – If you are a consumer validly exercising your right to change your mind):

If you are a consumer legitimately exercising your right to change your mind, the engineers (or we) may make deductions from your refund under the following circumstances:
If the services have already been commenced, you will need to pay for the services provided up to the point when you communicated your decision to terminate the contract.
If you are cancelling a service element of the contract, but additional works have been identified during the initial visit and are not part of your original order, you will need to pay for the commenced additional works.
If you are returning goods, and their value has been diminished due to handling beyond what is necessary to establish their nature, characteristics, and functioning, the engineers (or we) may deduct an appropriate amount from the refund to cover this diminished value.

For services: (We or) the engineers will make the refund within 14 days of your cancellation notice, unless the services have already been commenced, in which case, the refund will be made within 14 days of the confirmation of the cancellation of additional works identified during the initial visit.

If you are a consumer legitimately exercising your right to change your mind, refunds will be processed as follows:
(a) If the contract involves the supply of goods and (we or) the engineers haven’t offered to collect them, your refund will be processed within fourteen (≤14) days from the day on which (we or) they receive the goods back from you, or the day you provide evidence of sending the goods back, whichever is earlier. For guidance on returning goods, refer to paragraph 9.2.
(b) In all other circumstances, your refund will be issued within fourteen (≤14) days of notifying us of your decision to cancel (if applicable).

10. OUR RIGHTS TO END THE CONTRACT

10.1 We reserve the right to terminate the contract for the provision of services (and/or any goods) at any time by notifying you in writing if:
(a) You fail to make any payment to us or the engineers when due, and you do not settle the payment within a reasonable period after we or the engineers remind you of the due payment;
(b) You do not provide necessary information requested by us within a reasonable timeframe;
(c) You do not grant access to your premises within a reasonable timeframe for the supply of services;
(d) You do not allow the delivery of the services (and/or goods) or fail to collect them within a reasonable timeframe from us or the engineers.
10.2 Compensation for breaking the contract: If we or the engineers terminate the contract under the conditions outlined in 10.1, we will refund any advance payments for services (and/or goods) not yet provided. However, we or the engineers may deduct or charge you reasonable compensation for the net costs incurred or to be incurred due to your breach of the contract.
10.3 Withdrawal of services (and/or goods): We may notify you in writing if we decide to discontinue the provision of services (and/or any goods). We will strive to provide you with reasonable advance notice before ceasing the supply of services (and/or any goods). In such cases, we will refund any prepaid sums for services (and/or any goods) that will not be delivered.

11. IF THERE IS A PROBLEM WITH THE SERVICES (AND/OR ANY GOODS)

11.1 How to report problems: If you encounter any issues or have questions about the services (and/or any goods), please notify us promptly. We strive to ensure your satisfaction. You can reach us by telephone using the number provided on our website(s) or via email at: office@swiftplumber.co.uk
Our responsibility to you: Our role as a customer service provider is to ensure that the engineers we connect you with are fully qualified and insured. We maintain documentation and certification to validate their competency and liability coverage. However, we are not responsible for on-site communications, work performed, or pricing. Our involvement is limited to administrative tasks such as sending confirmation emails and invoices, and in some cases, processing payments as per the arrangements with the relevant engineers.
Addressing complaints: If you seek compensation or wish to address any issues related to the job carried out (such as unauthorized damages or gross misconduct), you must contact the engineers we connected you with. They bear ultimate responsibility and liability for the work performed.
Communication process: If you have a legitimate complaint about the services (and/or any goods), we can facilitate communication between you and the engineers we connected you with. The engineers will then serve as your primary point of contact for addressing all aspects of the work performed.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES (AND/OR ANY GOODS) (IF YOU ARE A CONSUMER)

12.1 Consumer Rights Summary:
As a consumer, you have legal rights regarding the services and goods provided under the contract. Here’s a summary of your key rights:
For Services:
You can request a repeat or repair of services if they are not performed with reasonable care and skill, or receive a refund if a fix cannot be arranged.
If no price was agreed beforehand, the amount you’re asked to pay must be reasonable.
Services must be carried out within a reasonable timeframe if no specific time was agreed upon.
For Goods:
Goods must match their description, be fit for purpose, and of satisfactory quality.
Within 30 days of purchase, you can claim an immediate refund if the goods are faulty.
Within six months, if goods cannot be repaired or replaced, you’re entitled to a full refund in most cases.
Within six years, if goods don’t last a reasonable amount of time, you may be entitled to a partial refund.
Refer to paragraph 8.2 (‘Ending the contract because of something we have done or are going to do’) and paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’) for additional information.
For detailed guidance, visit the Citizens Advice website or contact their helpline.

12.2 Returning Rejected Goods:
If you decide to exercise your legal right to reject any goods, you must return them accordingly:
Return them in person to the place of purchase, if applicable.
Post them back to us or the engineers, or arrange for us or the engineers to collect them from you if they are unsuitable for postage.
We or the engineers will cover the costs of postage or collection.
For assistance with arranging returns or collection, please email us at: office@swiftplumber.co.uk

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES (AND/OR GOODS) (IF YOU ARE A BUSINESS)

13.1 If you are a business customer, the engineers will warrant that upon supply, and for a period of twelve (12) months from the date of supply (“warranty period”), the services (and/or any goods) supplied shall:
(a) conform in all material respects with their description (and any relevant specification);
(b) be free from material defects in workmanship. design, and material;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by (us or) the engineers.

13.2 Remedies for Defective Services and Goods:
If you discover that any services (and/or goods) supplied do not comply with the warranty set out in paragraph 13.1, the following conditions apply:
(a) Notice: You must provide written notice to us or the engineers within a reasonable time of discovery of the non-compliance.
(b) Examination: We or the engineers must be given a reasonable opportunity to examine the services (and/or goods).
(c) Return of Goods: You must return any goods to us or the engineers at our or their cost.
Upon fulfilling these conditions:
We or the engineers will, at our or their option, arrange to repair or replace the defective services (and/or goods), or
Refund the full price of the defective services (and/or goods).

13.3 Exceptions to Liability:
We or the engineers will not be liable for failure of services (and/or any goods) to comply with the warranty in paragraph 13.1 if:

(a) If you continue to use the services (and/or any goods) after notifying us or the engineers of any issues in accordance with paragraph 13.2(a).
(b) The defect occurs due to your failure to adhere to our provided instructions regarding the storage, installation, commissioning, use, or maintenance of the services (and/or any goods), or, if no instructions are given, failure to follow good trade practice.
(c) The defect arises from the engineers following any drawings, designs, or specifications provided by you to us or the engineers.
(d) You undertake alterations or repairs to the services (and/or any goods) without our prior written consent.
(e) The defect arises from fair wear and tear, deliberate damage, negligence, or abnormal working conditions.

Except as outlined in this paragraph 13, neither we nor the engineers will bear any responsibility to you regarding any failure of the services (and/or any goods) to meet the warranty specified in paragraph 13.1.

These terms will also apply to any repaired or replacement services (and/or any goods) provided by us or the engineers under paragraph 13.2.

14. PRICE AND PAYMENT

14.1 The price of the services (and/or any goods), inclusive of all relevant taxes and fees, will typically be specified in the confirmation email sent to you before work commences. We make every effort to ensure that the price quoted for the services (and/or any goods) is accurate. However, please refer to paragraph 14.3 for our procedure in case of any errors discovered in the price of the services (and/or any goods) you’ve ordered.
14.2 In the event that the rate of any relevant taxes and fees changes between the date of your order and the date of supply of the services (and/or any goods), we will reflect these changes in the amount you are required to pay. This adjustment will be made unless you have already paid for the services (and/or any goods) in full before the change in the rate of taxes and fees becomes effective.

14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services (and/or any goods) that are offered for sale may be incorrectly priced. We will normally check prices before accepting your order so that, where the services (and/or any goods) correct price at the order date is less than our stated price at the order date, we will charge the lower amount. If the services (and/or any goods) correct price at the order date is higher than the price stated to you, 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 (or the engineers) may end the contract, refund you any sums that you have paid, and require the return of any goods supplied to you.

14.4 When it comes to payment, we offer the convenience of bank transfer or accepting most major credit and debit cards. The timing of your payment depends on the services (and/or goods) you’re purchasing:
For emergency jobs or urgent attendance, payment is due immediately upon receipt of our invoice. We strive to ensure that the total amount payable closely aligns with the amounts specified in the confirmation email we send you for acceptance, which forms the basis of our contract.
For non-emergency jobs, such as installations, we may request an advance payment of a specified proportion of the price before we commence providing the services. The balance of the price will be invoiced to you either upon completion of the services or periodically until completion, and each invoice must be paid promptly after its issuance.
As for any goods, you may be required to pay for them before they are dispatched to you. Rest assured, we won’t charge your credit or debit card until the goods are on their way to you.
(a) For any goods: You may be asked to pay for any goods before they are dispatched to you. We will not charge your credit or debit card until such goods are dispatched to you.

As a business customer, it’s important to settle all amounts owed to us under these terms in full. This means we expect payment without any set-off, counterclaim, deduction, or withholding, except for any required deductions or withholdings of tax as mandated by law.

If you fail to make payment by the due date, we reserve the right to charge interest on the overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. This interest will accrue daily from the due date until the date of actual payment, regardless of whether legal action has been taken. You will be responsible for paying both the overdue amount and the accrued interest.

If you believe that an invoice is incorrect, please notify us promptly so that we can address the issue. During the resolution of the dispute, you will not be charged any interest on the disputed amount. However, once the dispute is resolved, interest will be charged on the correctly invoiced amounts from the original due date.

15. As a consumer, your rights regarding loss or damage are critical. We want to ensure you understand your entitlements fully. Let me provide you with the details regarding our responsibility for any loss or damage suffered by you.

15.1 (We or) the engineers are responsible to you for foreseeable loss and damage caused by (us or ) the engineers. If (we or) the engineers fail to comply with the contract (including these terms), (we or) the engineers are only responsible for loss or damage that you may suffer to the extent that it is a foreseeable result of (us or) the engineers breaking the contract, or (us or) the engineers failing to use reasonable skill and care, but (neither we, nor) the engineers are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either (i) it is obvious that it will happen; or (ii) if, at the time the contract was made, both (we or) the engineers and you knew it might happen; for example, if you discussed it with (us or) the engineers during the contract formation process.

This provision underscores that we or the engineers cannot exclude or limit liability in instances where doing so would be illegal. This includes cases such as negligence leading to death or personal injury, fraudulent actions, or breaches of your legal rights concerning the provided services or goods. It’s important for transparency and accountability in our dealings with you. If you have any questions or concerns about this clause, feel free to ask!

15.3 When (we or) the engineers are liable for damage to your property. To the extent that (we or) the engineers are providing any services in your property, (we or) then engineers will make good any damage to your property caused by (us or) the engineers while doing so – as long as the damages are not in relation to any of the work being undertaken, or required in making reasonably necessary access in order to undertake the relevant services. Additionally, (neither we, nor) the engineers are responsible for any cost of repairing any pre-existing faults, or damage to your property that (we or) the engineers discover while providing the services 9and/or any goods).

This clause specifies that if you are a consumer and use the services or goods for domestic or private purposes, our liability is limited accordingly. However, if you use the services or goods for any commercial, business, or resale purposes, our liability to you will be further limited, as detailed in paragraph 16. This limitation helps define the scope of our responsibility based on the intended use of the services or goods. If you need more information or have any questions about this clause, feel free to ask!

This section outlines that any liability attributed to us or the engineers will be proportionate to our respective degree of responsibility for the losses incurred, taking into account any contributory negligence by you or others. This approach ensures a fair distribution of liability based on the circumstances surrounding the losses. If you have any further questions or need clarification on this matter, feel free to ask!

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A BUSINESS CUSTOMER) – N.B. IMPORTANT – BROUGHT TO YOUR ATTENTION

16.1. Within these terms, it is imperative to note that nothing herein shall seek to limit or exclude our liability, or that of our engineers, for the following:
(a) Instances involving death or personal injury resulting from our negligence, or that of our employees, agents, or subcontractors, as may be applicable;
(b) Cases of fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) Matters concerning defective products under the Consumer Protection Act 1987;
(e) Any other issue for which it would be unlawful for us to exclude or restrict liability.
These stipulations are established to ensure that legal safeguards are upheld and that your rights are protected under applicable legislation.

16.2. With the exception of what is expressly stated in paragraph 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are hereby excluded.
This exclusion is enacted in adherence to legal provisions and serves to clarify the parameters of our contractual obligations.

16.3. Subject to paragraph 16.1:
(a) Neither we nor the engineers shall be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between you and us (acting as agent for the engineers); and
(b) Our and the engineers’ total liability to you for all other losses arising under or in connection with any contract formed, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid and payable by you to us for services (and/or goods) supplied under all relevant contracts formed in the period of twelve (12) months ending with the date of the relevant contract.
These provisions serve to establish clear parameters regarding liability and indemnification, ensuring transparency and fairness in our contractual relationships.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

Your privacy and the protection of your personal information are of paramount importance to us. Therefore, we assure you that we will utilize your personal information strictly in accordance with the provisions outlined in our policies, which are subject to periodic updates and can be accessed on our website(s) as detailed from time to time.
To ensure the efficiency and effectiveness of our services, we reserve the right to monitor, record, store, and utilize any telephone, email, or other communication with you. These measures serve various legitimate business purposes, including but not limited to verifying instructions provided to us, conducting training sessions, preventing criminal activities, and continuously enhancing the quality of our customer service.
Rest assured, we adhere to the highest standards of data protection and privacy laws in all our practices. If you have any questions or concerns regarding the use of your personal information, please feel free to reach out to us. Your trust and confidence in our handling of your information are greatly valued.

18. OTHER IMPORTANT TERMS

18.1 We or the engineers reserve the right to transfer the contracts with you to another party. Additionally, we or the engineers may transfer any rights and obligations under the relevant contracts with you, including these terms, to another organization.
18.2 You must obtain our and/or the relevant engineers’ consent to transfer your rights to someone else, except for the transfer of our and/or the engineers’ guarantee, which you may always transfer. Any transfer of your rights or obligations under your contracts with us acting as agents for the engineers, including these terms, to another party requires our written agreement. We retain the discretion to decline such requests. However, if you are a consumer, you may transfer our guarantee (as outlined in paragraph 8.4) to a person who has acquired any item or property for which services have been provided or goods supplied as part of those services. We reserve the right to request reasonable evidence confirming the new ownership of the relevant item or property or goods by the transferee.
18.3 No third party has rights under the relevant contracts except for someone to whom you transfer the guarantee. Any contract is between you and us as the agent of the relevant engineers. No other person shall have the right to enforce any of its terms, except as explained in paragraph 18.2 regarding our or the engineers’ guarantee. Neither party needs the agreement of any other person to terminate the contract or make changes to these terms.
18.4 If any part of the relevant contracts is deemed illegal by a court, the remaining provisions will remain in force. Each paragraph of these terms operates independently. If any court or relevant authority determines that any part of these terms or any other part of our contracts is unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we and/or the engineers delay in enforcing the relevant contracts, we and/or the engineers can still enforce them later. Failure by us and/or the engineers to insist immediately on your compliance with these terms or any other part of our contracts, or any delay in taking action against you for breaching the relevant contracts, will not waive our right to enforce them at a later date. For example, if you fail to make a payment and we and/or the engineers do not address it immediately but continue to provide services and/or goods, we and/or the engineers can still require payment at a later date.
18.6 Applicable laws and jurisdiction for consumer contracts. These terms are governed by English law, and legal proceedings concerning the services and/or goods supplied can be brought in English courts. If you reside in Scotland, legal proceedings can be initiated in Scottish or English courts. If you reside in Northern Ireland, legal proceedings can be initiated in Northern Irish or English courts.
18.7 Applicable laws and jurisdiction for business customer contracts. For business customers, any dispute or claim arising from or in connection with any contract between us, including its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.