Terms and Conditions
Terms & Conditions
In these terms and conditions:
- “Customer” means the customer for whom the works are to be carried out
- the “Company” means Acorn Plumbing. Acorn Plumbing which is an independently owned and managed company with no association with Saniflo Limited
- “Contract” means the agreement between the Customer and the Company of which these terms form part
- “Callout Fee” means the fixed callout fee for attending Site published on the first page of the Company’s website. Certain units, such as a Sanicubic, the Callout Fee is larger than the standard Callout Fee and is also available on the Company’s website.
- “Site” means inside or outside the Customer’s premises
- “Works” means the works agreed between the parties
Acceptance Of Works
The Company reserves the right to refuse or decline any work at its own discretion. Where the Company agrees to undertake works for the customer, this will be done so by authorised representatives of the Company only.
The Company generally aims to attend site within 48 hours of an enquiry. However appointments are subject to availability and at busy times waits will be longer and priority will be given to certain categories of customer (for example single toilet household, elderly or disabled).
Callout Fee & Disbursements
The Company charges a fixed Callout Fee for all appointments, whether or not any work is carried out. One Callout Fee is chargeable per macerator requiring attention – if there is more than one macerator on Site the Callout Fee will be multiplied accordingly.
If a callout is cancelled less than 48 hours in advance the Callout Fee will still be payable.
However the labour element of any Works carried out during attendance on site is also included in the Callout Fee. This will include a reasonable attempt to remove any blockage within the macerator if it does not involve the replacement of parts. Replacement parts/ replacement unit will be quoted on site and charged separately.
Any disbursements- congestion charges, parking charges, Ultra Low Emissions Zone access charges and similar out- of -pocket costs of attending site will be added to the Callout Fee.
While the Company provides an estimate of arrival time in good faith it cannot be held responsible for delays or other unforeseen circumstances which result in the arrival time being later than anticipated. If the Customer fails to provide access to Site and the macerator for the engineer on arrival the Callout Fee will nevertheless be chargeable.
Estimates And Fixed Price Work
The Company will provide an estimate for further parts required during the callout and the price will be fixed once agreed. It will only be increased if further parts are discovered to have failed/ and /or need replacement.
Prices And Payment
All invoices are due for payment immediately upon completion of works. The Customer will co-operate in inspecting and signing off on completed Works. Such sign-off is the Customer’s confirmation that Works have been completed to the appropriate standard.
Where the Customer is represented by a third party or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), the Customer agrees that the third party will be responsible for full payment on Site at completion of Works and for the Callout Fee.
In tenanted properties the landlord and the tenant will be jointly and severally liable as Customers. The Customer making contact with us to schedule the Works expressly agrees this, both for themselves and as agent for the landlord or tenant as the case may be.
Where a letting agent or managing agent or local authority or maintenance professional contacts the Company, that entity and/or individual will remain liable to pay for the Callout Fee and the Works as our Customer as principal.
The customer shall provide the Company’s engineer with safe and unhindered access to the macerator on Site. The Customer will indemnify the company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the Customers obligations.
Limitation Of Liability
The Company’s liability shall be limited to:
- the repair or making good of any defect in the Works
- liability for personal injury or death resulting from negligence in the course of carrying out the Company’s duties
The Company will not be liable for indirect or consequential loss, loss of amenity, or loss of profit.
The Company will not be held responsible or liable for damage caused whilst investigating and obtaining access to or removing the macerator including boxing- in or studwork. In connecting to existing pipework the Company has not inspected or replaced the seals on existing pipework not fitted by it and cannot be held responsible for old or third party works including leaks, perishing seals and similar defects which will develop over time. Nor will it be liable in respect of the costs of the removal and reinstatement of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls or wherever pipework is/has to be routed or exposed. Where there is no adequate or proximate electricity supply our engineer will provide a separate quote for the necessary wiring works. This may require a separate visit from a separate trade.
If damage to studwork, floors, plaster and/or brickwork is caused it will be the Customer’s responsibility to find other tradesmen to make good. The Company cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture or personal effects left close to the macerator.
The Company undertakes to make good and repair any defect in completed Works, which appears within 30 days of the complete date of the same, to the extent that such defect arises from the breach of the Company’s obligations under this contract. The Company fixes Saniflo and other brands original parts and does not provide any warranty other than such warranty as comes with those parts and is capable of being transferred automatically to the Customer and/or such statutory warranties as cannot be excluded. Support to activate the extended warranty offered by some manufacturers can often be available on request.
All defects must be notified to the company by the customer in writing within this 30 day period, and the company and its insurers must be afforded the opportunity to inspect the work and any alleged defect. A further Call Out Fee may apply. All Works must be as they were left by the Company at the time the Works were completed. The Company does not accept responsibility for damage caused by others. The Company will record video audio and photograph footage of the Works and Site visits for evidential and legal purposes. The Company has a data usage policy which is GDPR compliant and all data is stored and processed in accordance with it. It is available on request.
It is the Customer’s duty to ensure suitable listed building or planning permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, is obtained prior to installation work carried out by the company. It will indemnify and hold harmless the Company against any liability it incurs as a result of a failure by the Customer to obtain all necessary consents.
The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
The customer will at all times ensure the access arrangements and working environment is safe for the Company and its employee’s/representatives for the purpose of carrying out the Works.
Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the Customer.
Distance Selling and Deposits
You the Customer agree that it would not be practical to have a 14 day right to cancel a callout which has been booked by telephone, email or via the Company’s website to take place at shorter notice so you waive your right to cancel in such circumstances. Our engineer will provide a quotation on site to you and enter into a face to face contract on the Company’s behalf in respect of any agreed Works. Where the value of the parts- or replacement unit- is in the Company’s view sufficient to warrant it the Company will ask for a 50% down-payment before commencement of Works, the balance becoming payable at the completion of the Works.
Interest on Late Payment of Invoices and Payment Terms
The Company’s invoices are payable immediately on delivery. Late payment of invoices will attract interest at the prevailing rate specified under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by various subsequent regulations).
The Company will use all reasonable efforts to carry out and complete the works in a timely fashion, but shall not be liable to the Customer or any third party if the works prove impossible due to events or circumstances beyond the Company’s reasonable control.
Right to Assign
The Company will be entitled to subcontract or assign the work required and/or the contract in whole or in part to any individual or corporate entity in its complete discretion without obtaining the consent of the Customer.
Removal Of Waste And Packaging Materials
The company is not responsible for the removal of any packaging or waste materials. The Customer is responsible for the removal of any/all waste materials resulting from the works carried out by the Company.
In the unlikely event the Customer experiences a problem with the service provided by the Company, the Customer should complain in writing to the Company at its registered office (Business Box, 3 Oswin Road, LE3 1HR) at the earliest opportunity. Upon receipt of this complaint, the Company will endeavour to resolve the matter expeditiously. firstname.lastname@example.org is the complaints email address.
Incorporation in the Contract
The Company contracts only on the basis of these terms and conditions which form part of and are incorporated into the contract between the Company and the Customer. No employee or representative of the Company has the authority to vary or abrogate any of these terms and conditions or to make any collateral representation on the Company’s behalf which would have the effect of increasing or extending its liability.
Governing Law and Jurisdiction
These Terms and Conditions and the contract of which they form part are governed by and are to be construed in accordance with English Law and the parties submit for the resolution of any dispute in relation to them to the exclusive jurisdiction of the courts of England & Wales.