GBSE LTD (AND ITS VARIOUS BRANDS AND TRADING STYLES)
INCLUDING “PLUMBERS IMMEDIATELY” AND “www.plumbingimmediately.co.uk”)
TERMS OF BUSINESS
1. THESE TERMS
1.1 What these Terms cover. Together with any of our relevant business policies etc. from time to time, including those as may be detailed upon our website(s) (all of which are expressly incorporated into these terms), these terms form part of the contract under which we will have arranged the supply of services (and/or goods) to you by independent, self-employed professional workmen (“engineers”) selected and arranged by us on your behalf, and on whose behalf we are acting as those engineers’ agent (only) in forming the contract with you.
It is a fundamental term of the contract with you that you acknowledge and accept that the engineers are the principals under any contract which we may form with you – as those engineers’ agent.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services (and/or goods) to you, how you (and we) may change and/or end the contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or that they require any changes), please contact us by email (at: email@example.com) so as to advise us of the issue you perceive.
1.3 Are you a consumer (or a business customer)? With regard to some aspects of the services (and/or goods) that we arrange the supply of, you will have different rights under these terms depending on whether you are (i) a consumer (or (ii) a business).
You are a consumer if:
(a) You are an individual; and
(b) You are buying services (and/or goods) from the engineers – wholly or mainly for your personal use (i.e. not for use in connection with any trade, business, craft or profession that you carry on).
1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase of the services (and/or goods). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of us (on behalf of the engineers) which is not set out in these terms, and that you shall have no 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
2.1 Who we are. We are “PLUMBERS IMMEDIATELY” and/ or “www.plumbingimmediately.co.uk” (plus any such other brands and trading names as we may use from time to time), all of which are trading names of GBSE LTD, a company limited by shares registered in England and Wales. Our company registration number is 11149216, and our registered office is at 4th Floor, 18 St. Cross Street, London, EC1N 8UN. Our registered VAT number is as detailed upon all of our invoices.
2.2 How to contact us. You can contact us via the details (from time to time) available upon the web-page: https://plumbingimmediately.co.uk – such details including, contact by email sent to: firstname.lastname@example.org or contact by telephone – via our number +44 (0) 20 4577 1651.
2.3 How we may contact you. If we have to contact you, we will principally seek to do so by telephone and/ or by writing to you at the email address – which you provided to us in your order. We may contact you at your postal address should our primary means of contact need to be augmented.
2.4 “Writing” includes emails. When we use the words “writing” (or “written”) in these terms, this phrase includes emails (where 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 take place when we email (or otherwise communicate with) you to accept it, at which point a contract will come into existence between you and the relevant engineers (via us – acting as agent on their behalf).
3.2 If we are unable to accept your work order. We will aim to inform you of this promptly, and will not charge you for any relevant services (and/or goods) ordered. This situation might arise (for example) because any services (and/or goods) ordered are not currently able to be provided (or available), (say) because of unexpected limits on the engineers (or our) resources (and/or because goods cannot be sourced / are out of stock) and which situation we could not reasonably plan for; because any credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the relevant services (and/or goods); or because we are unable to perform the services (and/or deliver the goods) within a reasonable timescale for any other reason.
3.3 Your work order number / reference. We will seek to assign a work order number / invoice reference to your work order, and aim to advise you what it is (in as early a course as possible). It will likely help us, if you can tell us any such work order number / invoice reference (whenever you might contact us about your work order).
3.4 We primarily sell to the UK. Our website(s) are intended solely for the promotion of the supply of services (and/or goods) in the UK. Accordingly, we reserve our discretion not to accept orders from and/or arrange to provide services (and/or goods) in relation to addresses outside the UK.
4. SERVICES (AND/OR GOODS)
4.1 Any images of services (and/or goods) on our website(s) are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any services (and/or goods) that we supply. The services (and/or goods) you receive may vary slightly in appearance from those images.
4.3 Making sure your requirements are accurate. If we are arrange the provision of any services (and/or the producing of any goods) to your specific requirements (i.e. which you have provided to us / informed us about), you are responsible for ensuring that such requirements are correct and appropriate.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to any services (and/or goods) you have ordered please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the services (and/or goods), the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the requested change.
6. OUR RIGHTS TO MAKE CHANGES
These changes should not affect your use of the item or property subject to the services (and/or any goods supplied).
6.2 More significant changes to the services (and/or goods) and/or the provisions of these terms. In addition, the engineers (or we) may need to make more significant changes to the services (and/or goods) to be supplied (based upon specific circumstances arising in your particular case) and/or to the provisions of these terms, but if they (or we) do so, they (or we) will aim to promptly notify you, and you may then contact us to end the contract before the significant changes are to take effect.
You will be liable for all services (and/or goods) received up to the point that such changes are notified to you.
7. PROVIDING THE SERVICES (AND/OR GOODS)
7.1 Costs. The costs of provision of our services (and/or the delivery of any goods) will be sought to be specifically brought to your attention in the early course of dealing with the engineers (or us) and/or will be specifically set out in on our confirmation email – sent as part of the contract formation process.
(a) If we are arranging the provision of one-off services (only). We will arrange for the services to commence upon the date and time agreed with you during the order process. The estimated completion date and time for the services is as you will have been informed during the order process and as updated by the engineer (and/or us).
(b) If any provision of services (and/or supply of goods) is ongoing. We will arrange the supply of the services (and/or goods) to you until either (i) all of the services are completed (and/or any goods are supplied); or (ii) you end the contract (as described in paragraph 8); or (iii) we end the contract by written notice to you (as described in paragraph 10).
(c) If we are arranging the supply of goods (only). If any such goods cannot be immediately provided by the engineers, the engineers (or we) will aim to contact you with an estimated delivery date, or to agree a delivery date, which the engineers (or we) will aim to be within a reasonable period after the day on which we accept your work order.
7.3 We are not responsible for commencement delays outside the engineers (or our) control. If the commencement of our arranged supply of services (and/or any goods) is delayed by an event outside the engineers (or our) control, then the engineers (or we) will aim to discuss matters (and/or communicate with you) as soon as possible so as to let you know, and we will aim to take steps to minimise the effect of the delay. Provided the engineers (and/or we) do this, neither the engineers (nor we) will be liable for delays caused by the relevant event, but if there is a risk of substantial delay, you may contact us to end the contract, and you will be liable to pay for any services (and/or goods) that you have not received.
7.4 Collection (of any goods) by you. If you have asked to collect any goods etc. from the engineers and/or any relevant premises, you may collect them at any time during relevant working hours on working days of the week (excluding public holidays).
7.5 If you are not at home when the services (and/or goods) are sought to be supplied and/or delivered. If no one is available at your address to allow access for services to be provided (and/or to take delivery of any goods), and access cannot be otherwise gained to provide services (and/or any goods cannot be posted through your letterbox / left in an adjoining secure place), we will aim to ensure that you are left a note informing you of how to re-arrange attendance (and/or delivery, or how to collect any goods from the engineers and/or any relevant premises).
7.6 If you do not re-arrange delivery (of any goods). If you do not collect any goods (as arranged) or if, after a failed delivery to you, you do not re-arrange delivery, or collect them from the engineers and/or any relevant premises – we will contact you for further instructions, and we may charge you for relevant storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract (and paragraph 10.2 will then apply).
7.7 If you do not allow the engineers access to provide services. If you do not allow the engineers any required access to perform the services (as arranged), and you do not have a good reason for this, we may charge you such additional costs as are incurred by the engineers as a result. If, despite our reasonable efforts, we are unable to contact you, or re-arrange access to your property, we may end the contract (and paragraph 10.2 will then apply).
7.8 When you become responsible for any goods. Any goods (that have been supplied as part of the contract and which we arrange the supply of to you) will be your responsibility, from the time we arrange the delivery of such goods to the address you gave us (or you, or a carrier organised by you, collect it from the engineers and/or any relevant premises).
7.10 What will happen if you do not give required information to us (or the engineers). We (or the engineers) may need certain information from you, so that we can arrange the supply of services (and/or goods) to you. If so, we will aim to state this position in the description of the services (and/or goods) in our email or other communications with you (and/or on our website(s)). We may contact you to ask for this information if it is not available to us. If you do not give the engineers (or us) this information (within a reasonable time of the engineers (or us) asking for it), or if you give us incomplete or incorrect information, we (or the engineers) may either end the contract (and paragraph 10.2 will then apply), or make an additional charge of a reasonable sum to compensate our engineers (or us) for any extra work that is required as a result. We will not be responsible for any late supply of services (and/or goods), or not arranging the supplying of any part of them, if this is caused by you not giving us the information that the engineers (or we) need (within a reasonable time of the engineers (or us) asking for it).
7.12 Your rights if the engineers (or we) suspend the supply of services (and/or goods). We will aim to contact you in advance to tell you that the engineers (or we) will be suspending the supply of services (and/or goods), unless the problem is urgent (or an emergency). If the engineers (or we) have to 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 the engineers (or we) tell you we are going to suspend it, in each case for any period time (which is more than immaterial), and we will then 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 supply of services (and/or goods) if you do not pay. If you do not pay us for the supply of services (and/or goods) when you are supposed to (see paragraph 14.4), and you still do not make payment within a reasonable period of (the engineers or) us reminding you that payment is due, we may suspend supply of services (and/or goods) until you have paid us the outstanding amounts. We will aim to promptly contact you to tell you that we are suspending supply of services (and/or goods) in such circumstances. We will not suspend the supply of services (and/or goods) where you genuinely dispute any relevant unpaid charges / invoice (see paragraph 14.7). We will not charge you for services (and/or goods) during the period for which they are suspended. As well as suspending the supply of services (and/or goods), we can also charge you interest on your overdue payments (see paragraph 14.6).
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 / 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 (or to get any service re-performed, or any goods repaired or replaced, or to 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;
(c) If you are a consumer, and have just changed your mind about the services (and/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);
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 (and/or goods) which have not been provided (and you may also be entitled to compensation). The reasons are:
(d) we (or the engineers) have suspended supply of the services (and/or goods) for technical reasons, or we (or the engineers) notify you we are going to suspend it for technical reasons, in each case for any period which is more than immaterial;
8.3 Exercising your right to change your mind – if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most services (and/or goods) bought online, you have a legal right to change your mind within fourteen (≤14) days, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee(s) for consumers. Please note, our trading practices may incorporate and reflect such ‘goodwill guarantee(s)’ as may be voluntarily offered by us (or the engineers) to our (or their) U.K. customers (from time to time), which may well be more generous than your legal rights under the Consumer Contracts Regulations. Any ‘goodwill guarantee(s)’ do NOT affect your legal rights in relation to faulty or misdescribed services (and/or any goods) (see paragraph 12.1).
(a) any services (and/or any goods) in relation to which it has been legitimately expressly specified that the cancellation rights do not apply, or which for other reasons – it is reasonably inappropriate for cancellation rights to apply. In this regard it is expressly brought to your attention that we (and/or the engineers) predominantly provide an emergency/immediate supply of services where our quotation, your acceptance, and the services are intended to be completed upon first visit in a timely manner, unless – after the initial visit particular materials/parts/labour are required which will result in additional visit(s). By accepting the confirmation email you acknowledge and understand that the contract forms part of a situation where your right for a ‘cooling off’ fourteen (14) day cancellation period is unsuitable and is consequently waived by you;
(a) Have you bought any services? If so, you have fourteen (14) days after the day we email you to confirm that we accept your order. However, once the services have been completed, you cannot change your mind, even if the period is still running. If you cancel after the commencement of the provision of the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. You do (however) have the right to not proceed with the commencement any additional works identified in the initial visit that were not part of your original order.
(b) Have you bought any goods? If so, you have fourteen (14) days after the day you (or someone you nominate) receives such goods, unless and until such goods may be incorporated into such services as may be supplied to you, and if:
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)
(a) Email: Contact us via: email@example.com. Please provide your name, home address, details of the work order and, where available, your phone number and email address.
(b) Online: Complete the above referred to details, within the contact form available at: https://plumbingimmediately.co.uk/contact/
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: firstname.lastname@example.org or via the contact form available at: https://plumbingimmediately.co.uk/contact/ – 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.
(b) if you are ending the contract because we have told you of an upcoming change to any goods, or any other provision of the contract with you (including these terms), an error in pricing or description, a delay in delivery due to events outside of (our or) the engineers’ control, or because you have a legal right to do so (as a result of something the engineers (or we) have done wrong).
In all other circumstances (including, where you are a consumer exercising their right to change your mind) you must pay the costs of return to (us or) the engineers.
9.4 What (we or) the engineers may charge for collection. If you are responsible for the costs of return, and (we or) the engineers are collecting relevant goods from you, we (on behalf of the engineers) will be entitled to charge you the direct cost to (us or) the engineers of such collection.
9.5 How we will refund you. If you are entitled to a refund under these terms, (we or) the engineers will arrange to refund you the price you paid for the services (and/or any goods) (including delivery costs), by the method you used for payment. However, (we or) the engineers may make deductions from the price, as described below.
(a) Where we have arranged the provision of any services to you, (we or) the engineer may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract formed between you and the engineers
(b) (We or) the engineers may reduce your refund of the price (excluding delivery costs), to reflect any reduction in the value of any relevant goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect relevant goods, and later discover you have cared for / handled them in an unacceptable way, you must pay us an appropriate amount.
(a) If the contract relates to the supply of goods, and (we or) the engineers have not offered to collect them, your refund will be made within fourteen (≤14) days from the day on which (we or) the engineers receives the goods back from you; or, if earlier, the day on which you provide us with evidence that you have sent the product back to (us or) the engineers. For information about how to return goods to us, see paragraph 9.2.
10. OUR RIGHTS TO END THE CONTRACT
(d) you do not, within a reasonable time, allow delivery of the services (and/or goods) to you or collect them from (us or) the engineers.
10.2 You must compensate us if you break the contract. If (we or) the engineers end the contract in the situations set out in paragraph 10.1, (we or) the engineers will refund any money you have paid in advance for services (and/or goods) that have not been provided to you, but (we or) the engineers may deduct or charge you reasonable compensation for the net costs (we or) the engineers have or will incur as a result of your breaking the contract.
10.3 We may withdraw the services (and/or any goods). We may write to you to let you know that we are going to stop providing services (and/or any goods). We will aim to let you know (at least) a reasonable period in advance of our stopping the supply of services (and/or any goods), and we will refund any sums you have paid in advance for services (and/or any goods) which will not be provided.
11. IF THERE IS A PROBLEM WITH THE SERVICES (AND/OR ANY GOODS)
11.1 How to tell us about problems. If you have any questions or complaints about the services (and/or any goods), please contact us as soon as reasonably possible, as we wish to ensure that you are fully satisfied. You can telephone us upon the number shown upon our website(s) or email us at: email@example.com.
Our responsibility to you (as a customer) is merely to ensure that the engineers we connect you with are fully qualified and insured (and we seek to ensure this by retaining relevant documentation and certification to validate competency and liability cover).
We are not responsible for the any onsite communications, work undertaken, nor pricing. We only administrate the confirmation email and invoice (and in certain cases – accepting payments depending on the arrangements between with the relevant engineers).
Should you wish to pursue compensation of any kind regarding the job carried out (i.e. damages not authorised or related to the job or gross misconduct) you must contact the engineers we connected you with who have ultimate responsibility / liability for work undertaken.
If you have a legitimate reason to complain about a problem with services (and/or any goods), we as the agents of the relevant engineers can help to establish communications between you (as the customer) and the engineers we have connected you with, at which point the engineers will be your point of contact regarding all aspects of the work undertaken.
12.1 If you are a consumer, we are under a legal duty to arrange the supply of services (and/or any goods) that are in conformity with the contract with you. See the text below for a summary of your key legal rights in relation to services (and/or any goods). Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website: www.adviceguide.org.uk or call +44 (0) 3454 04 05 06.
If your contract relates to the supply of services, for example: emergency or other repair or support contracts in relation to plumbing equipment, the Consumer Rights Act 2015 says:
- you can ask us to arrange the repeat or fix of services if they’re not carried out with reasonable care and skill, or get some money back if we can’t arrange to fix them.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, they must be carried out within a reasonable time period.
If your contract relates to the supply of any goods, for example – physical / tangible products supplied as part of the services supplied, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, your legal rights entitle you to the following:
· up to thirty (30) days: if your goods are faulty, then you can get an immediate refund.
· up to six (6) months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six (6) years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
See also paragraph 8.2 (‘Ending the contract because of something we have done or are going to do’).
See also paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’).
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject any goods (where appropriate), you must return them in person to where you bought them (if relevant), or post them back to (us or) the engineers, or (if they are not suitable for posting – or as otherwise relevant) allow (us or) the engineers to collect them from you. (We or) the engineers will pay the costs of postage or collection. Please email us at: firstname.lastname@example.org for a return label or to arrange collection.
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:
(we or) the engineers shall, at (our or) their option, arrange to repair or replace the defective services (and/or any goods), or to refund the price of the defective services (and/or any goods) (in full).
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the services (and/or any goods); or (if there are none) good trade practice;
13.4 Except as provided in this paragraph 13, (neither we, nor) the engineers shall have any liability to you in respect of services (and/or any goods) failure to comply with the warranty set out in paragraph 13.1.
14. PRICE AND PAYMENT
14.1 Where to find the price for the services (and/or any goods). The price of the services (and/or any goods) (including all relevant taxes and fees) will generally be the price indicated on the confirmation email that we send to you for your acceptance prior to work being undertaken. We take all reasonable care to ensure that the price of the services (and/or any goods) advised to you is correct. However, please see paragraph 14.3 for what happens if we discover an error in the price of any services (and/or any goods) you order.
14.2 We will pass on changes in the rate of any relevant taxes and fees. If the rate of any relevant taxes and fees changes between your order date and the date of supply of the services (and/or any goods), we will adjust the rate of the relevant taxes and fees that you pay, unless you have already paid for the services (and/or any goods) in full (before the change in the rate of taxes and fees takes effect).
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.
All emergency jobs / urgent attendance
Payment is to be made immediately upon receiving our invoice. We will aim to ensure that the total amount payable will correlate as closely as possible with the amounts specified in the confirmation email that we send to you for the purposes of acceptance by yourself 9and thus contract formation).
Any non-emergency jobs (e.g. installation)
We may ask you to make an advance payment of a specified proportion of the price of the services, before the commencement of the provision of them. We will invoice you for the balance of the price of the services when the services have been completed, or we will invoice you periodically for the services until the point when the services are completed. You must pay each invoice promptly after the date of the invoice.
(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.
14.5 Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as is required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis from the due date (until the date of actual payment of the overdue amount), whether before or after judgement. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is appropriately resolved. Once the dispute is appropriately resolved, we will charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A CONSUMER) – N.B. IMPORTANT – BROUGHT SPECIFICALLY TO YOUR ATTENTION
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.
15.2 (We or) the engineers do not exclude or limit in any way (our or) their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by (our or) their negligence, or the negligence of (our or) their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services (and/or any goods) supplied (as summarised at paragraph 12.1).
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).
15.4 We are not liable for business losses. If you are a consumer, (we and/or) the engineers only supply the services (and/or any goods) to you for domestic and private use. If you use the services (and/or any goods) for any commercial, business, or re-sale purpose, our liability to you will be limited (as is set out in paragraph 16).
15.5 Fair share of liability. Any liability which (we and/or) the engineers may have to you will be limited to that share of the total losses (after taking into account any contributory negligence by you and others) which is considered to be fair and reasonable as against (our and/or) the engineers degree of responsibility for the losses in question.
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54), or section 2 of the Supply of Goods and Services Act 1982(https://www.legislation.gov.uk/ukpga/1982/29);
(d) defective products under the Consumer Protection Act 1987 (https://www.legislation.gov.uk/ukpga/1987/43); or
16.2 Except to the extent expressly stated in paragraph 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54), and sections 3 to 5 of the Supply of Goods and Services Act 1982 (https://www.legislation.gov.uk/ukpga/1982/29), are excluded.
(a) (neither we, not) 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.
We will only use your personal information pursuant to the provisions set out in our policies from time to time (as may be detailed upon our website(s) from time to time).
We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service (amongst other legitimate business uses).
18. OTHER IMPORTANT TERMS
18.1 (We or) the engineers may transfer the contracts with you to someone else. (We or) the engineers may transfer any rights and obligations under relevant contracts with you (including these terms) to another organisation.
18.2 You need (our and/or) the relevant engineers consent to transfer your rights to someone else (except that you can always transfer (our and/or) the engineers’ guarantee). You may only transfer your rights (or your obligations) under your contracts with us acting as agents for the engineers (including these terms) to another person, if we agree to this in writing. We may not agree (at our absolute discretion). However, if you are a consumer you may transfer our guarantee (at paragraph 8.4) to a person who has acquired any item or property in respect of which services have been provided (or any goods supplied as part of those services). We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property (or goods).
18.3 Nobody else has any rights under relevant contracts (except someone you pass your guarantee on to). Any contract is between you and us as agent of the relevant engineers. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 18.2 in respect of (our or) the engineers’ guarantee. Neither of us will need to get the agreement of any other person in order to end our contract or make any changes to these terms.
18.4 If a court finds part of any relevant contracts illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them or any other part of our contracts are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if (we and/or) the engineers delay in enforcing relevant contracts, (we and/or) the engineers can still enforce it later. If (we and/or) the engineers do not insist immediately that you do anything you are required to do under these terms or any other part of our contracts, or if (we and/or) the engineers delay in taking steps against you in respect of your breaking relevant contracts, that will not mean that you do not have to do those things, and it will not prevent (us and/or) the engineers taking steps against you at a later date. For example, if you miss a payment and (we and/or) the engineers do not discuss this with you, but we continue to provide services (and/or any goods)), (we and/or) the engineers can still require you to make the payment at a later date.
18.6 Which laws apply to our contracts, and where you may bring legal proceedings (if you are a consumer). These terms are governed by English law and you can bring legal proceedings in respect of the services (and / or any goods) supplied in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services (and/or any goods) supplied in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the goods (and /or any services) supplied in either the Northern Irish or the English courts.
18.7 Which laws apply to our contracts, and where you may bring legal proceedings (if you are a business customer). If you are a business customer, any dispute or claim arising out of or in connection with any contract between us, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
©GBSE LTD (T/a “Plumbers Immediately” and’ www.plumbingimmediately.co.uk’) – April 2021