General Terms and conditions - Consumers
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 Consumer Rights Act 2015 (the Act) where the contract is between the Contractor and a Consumer, as defined in the Act as an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
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. Your obligations
4.1 You will pay us the Price.
4.2 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.
4.3 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.
4.4 Where appropriate you should remove valuable and/or fragile items prior to commencement of the Works. For the avoidance of doubt, Clause 6 below shall apply to any damage caused us to your valuable and/or fragile items.
4.5 You are responsible for obtaining all necessary permissions and consents required for installation, including planning permissions, building regulations, or agreements with neighbours or mortgage providers.
4.6 If you are a tenant, you may need your landlord's permission for the installation. The company assumes such permission is in place and accepts no liability if it is not.
4.7 Where appropriate an adequate gas supply is required at your 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.
4.8 For staged payment agreements, payments must be made within seven days of each stage completion. Legal action will be taken for late payments.
4.9 You are responsible for keeping delivered goods safe and having adequate insurance.
5. 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.
6. Liability
6.1 We will only be responsible for any reasonable loss or damage to the Premises or your property if such loss or damage is caused by our negligence or by the negligence of any person we are responsible for.
6.2 The company accepts no responsibility for faults in existing installations, including but not limited to pipework, radiators, valves, pumps, shower pumps, electrical controls, and bathroom or WC services. Converting systems (e.g., from tank-fed to sealed systems) or power flushing may lead to leaks or other issues for which the company is not liable. Repair costs will be charged at the company’s standard rates. If excessive sludge or magnetite buildup is found, further power flushes may be required later and will incur standard charges. If you request re-installation or relocation of an existing appliance, such as a boiler, the company is not liable for internal leaks or malfunctions caused by the installation.
6.3 Boiler and cylinder warranties are provided by their manufacturers as detailed in the quotation and are limited to the boiler only. Other parts of your system are not covered. Mike Ruth Plumbing & Heating Ltd guarantees parts and labour for one year, excluding existing components or pipework. Note that boilers require annual servicing to maintain their warranty. If the warranty becomes void due to missed servicing, the company is not responsible. While the company will send reminders to service boilers, the responsibility lies with you.
6.4 The company takes no responsibility for removing or replacing carpets, linoleum, hardwood, tiled, or other special flooring unless damage is caused by company negligence.
7. Changing the Works and/or the Materials
7.1 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
7.2 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.
7.3 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.
8. 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.
Notice of Right to Cancel: You are entitled to cancel the contract within 14 days of acceptance unless work has already started. Notice can be given in writing to the company’s address or via email to mike@mikeruthplumbing.co.uk . Cancellation outside of this period may result in withheld deposits if the company is not at fault.