THIS AGREEMENT IS MADE BETWEEN:  

Mike Ruth Plumbing & Heating Ltd registered in England and Wales under company number 07662115, with our registered office at 6 Stonepark Crescent, Ashburton, Devon TQ13 7RF. Our main trading address is 6 Stonepark Crescent, Ashburton, Devon TQ13 7RF. Our VAT number is 115877201. 

and  

the Customer or ‘you/your’

each a "Party" and together the "Parties"  

1. Definitions  

In this Agreement the following terms and phrases shall have the following meaning unless the context requires otherwise:  

the Works:               The works outlined in our quote/estimate 

the Materials: The materials outlined in our quote/estimate 

the Price: The price outlined in our quote/estimate 

the Premises: The premises outlined in our quote/estimate 

Legislation: The Supply of Goods and Services Act 1982

2. Duration  

If you require a specific installation date, the company will make reasonable efforts to accommodate it. If you are unable to meet an agreed date, neither party will be responsible for any related costs, and the agreement will remain in effect. In the case of unforeseen circumstances beyond either party's control, the company will reschedule the installation to another mutually agreed date. Any timescales provided are estimates only and may be affected by changes to the work or materials, or by unexpected requirements for additional work or materials. Time is not a fundamental condition of this agreement. 

3. Our obligations  

Subject to the conditions set out below we shall:  

3.1 Carry out the Works in accordance with good practice and recognised standards.  

3.2 Use our reasonable endeavours to carry out the Works in a tidy, careful and efficient way, providing dust covers where appropriate.  

3.3 The company will complete the quoted working hours, Monday to Friday, 07:30 to 18:00. Any requested changes or additional work will incur extra charges. If delays or additional costs arise due to your actions or failure to prepare for the work, reasonable charges may also apply. 

3.3 Carry out the Works in accordance with the Legislation. 

3.4 The Materials supplied by us will be of satisfactory quality, fit for purpose and will comply with any description given by us to you as far as possible. 

3.5 When we have finished the Works we will send you a final invoice within 14 days of completing the works.  

4. Warranties

4.1 We warrant that for a period of 12 months commencing on the earlier of either the date of delivery of the Materials, or the commencement of the Works (Warranty Period), the Materials and/or Works shall: 

4.1.1 conform with their description; 

4.1.2 be of satisfactory quality with the meaning of the Sale of Goods Act 1979; 

4.1.3 be fit for any purpose held out by the Seller; and 

4.1.4 be carried out in accordance with the Legislation. 

5. Your obligations  

5.1 You will pay us the Price. 

5.2 Our final invoice referred to at Clause 3 above must be paid within 7 days of the date of the invoice. Late payments are subject to an 8% daily interest above Lloyds TSB Bank plc's base rate. Returned payments may incur additional administrative charges. 

5.3 You must allow us access to the Premises at all reasonable times and keep the Premises free of obstructions so that we can carry out the Works.  

5.4 Where appropriate you should remove valuable and/or fragile items prior to commencement of the Works. For the avoidance of doubt, Clause 7 below shall apply to any damage caused by us to your valuable and/or fragile items.

5.5. You are responsible for ensuring all necessary permissions and consents required for installation, including planning permissions, building regulations, or agreements with neighbours or mortgage providers are in place.  

5.6 Where appropriate an adequate gas supply is required at the property before installation begins. If a gas supply is unavailable, the company may cancel the contract without liability for related costs. In some cases, the size of the existing gas supply may be insufficient. If a new gas line is needed, this will be charged at the company’s standard hourly rate and added to your quoted price. 

5.8 For staged payment agreements, payments must be made within seven days of each stage completion. Legal action will be taken for late payments. 

5.9   You are responsible for ensuring delivered goods are kept safe and having adequate insurance.   

6. Retention of Title 

We retain title and ownership of the Materials supplied in connection with the Works until such time as you have paid for the Works and the Materials in full.  

7. Liability  

7.1 Nothing in these Conditions shall limit or exclude our liability for:

7.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

7.1.2 fraud or fraudulent misrepresentation;

7.1.3 breach of the terms implied by section 2 of the Legislation (title and quiet possession);

7.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

7.1.5 defective products under the Consumer Protection Act 1987.

7.2 Subject to clause 7.1:

7.2.1 We shall under no circumstances whatever 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 this Agreement; and

7.2.2 Our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed Price.

7.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Legislation are, to the fullest extent permitted by law, excluded from this Agreement.

7.4 This clause 7 shall survive termination of this Agreement.  

8. Changing the Works and/or the Materials  

8.1 If you wish to change or add to the Works and/or the Materials this together with any additional charge for the Works and/or the Materials should be agreed in writing by both Parties before commencement of any additional or new work 

8.2 If unexpected or additional work arises during the Works we will inform you as soon as is practicable and seek your written instructions regarding what to do next.  

8.3 Quoted prices do not cover the removal of hazardous materials such as asbestos. If asbestos is found, the company will halt work until the site is made safe. Upon request, the company can provide a cost for asbestos removal, which will be added to the total quote.  

9. Cancellation by us

9.1 We reserve the right not to process your order if:

9.1.1. We have insufficient staff or resources to deliver the services you have ordered;

9.1.2. We do not provide services to your area; or

9.1.3. One or more of the services you ordered was listed at an incorrect price due to a typographical error.

9.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days

10. If there is a problem

If you have any questions or complaints about the Works or the Materials please contact us.  You can do so at mike@mikeruthplumbing.co.uk  

9. Law and Jurisdiction  

This Agreement is governed by the laws of England and Wales and the Parties submit to the jurisdiction of the Courts of England and Wales.