Terms and Conditions

Background

These Terms and Conditions are the standard terms which apply to the provision of plumbing and heating services by Dominic Visick, Trading as Brook View Plumbing & Property Services (“the Trader”) to customers who require plumbing and heating services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times”	means the times which You and We agree for the Plumber to have access to the Property to complete the Job;
“Agreement”	means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions;
“Business”	means any business, trade, craft or profession carried on by You or any other person or organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Plumbing Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Deposit”	means the deposit You may be required to pay in accordance with Clause 5;
“Final Fee”	means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6;
“Job”	means the complete performance of the Plumbing and Heating Services;
“Order”	means Your initial request for Us to provide the Plumbing and Heating Services as set out in Clause 4;
“Plumber & Heating Engineer”	means Us or Our employee who will be responsible for providing the Plumbing and Heating Services;
“Plumbing and Heating Services”	means the plumbing and heating services We will provide as specified in the Quotation;
“Products”	means the products required for the provision of the Plumbing and Heating Services which We will supply (if any) as specified in the Quotation;

 

“Property”	means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation”	means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Quoted Fee”	means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date”	means the date You and We agree on for Us to start providing the Plumbing and Heating Services as specified in the Agreement;
“Visit”	means any occasion, scheduled or otherwise, on which the Trader visits the Property to provide the Plumbing and Heating Services;
“We/Us/Our”	means the Trader and includes all employees, agents, and sub-contractors of the Trader; and
“You/Your”	means a Consumer who is a customer of the Trader.

 

2. Information about Us

2.1 We are a Limited Company.
2.2 We trade under the name Brook View Plumbing & Property Services.
2.3 We are registered with a recognised and authorised self-certification scheme. We will ensure that any sub-contractors We use are also registered in this way.
2.4 We are regulated by Gas Safe and our Registration Number is 659259.

3. Communication and Contact Details

3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07788 415 778 or by email at info@brookviewplumbing.co.uk.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email at info@brookviewplumbing.co.uk; or
3.2.2 contact Us by Telephone on 01462 227044.

4. Orders

4.1 We accept orders for Plumbing and Heating Services via our website, social media and by telephone.
4.2 When placing an Order You should set out, in detail, the Plumbing and Heating Services

required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required (e.g. piping, installation of appliances etc.).
4.3 Once the Order is complete and submitted We will prepare a Quotation and send it to You by email. The Quotation will set out the required Deposit (if applicable) and fee (see Clauses 5 and 6).
4.4 If We cannot accept your Order, We will inform you of this in writing.
4.5 You may make changes to the Order and Quotation before accepting it.
4.6 You may accept a Quotation by email, WhatsApp or Text Message, within 7 days after the date We issue the Quotation.
4.7 When (but not before) You have accepted the Quotation, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Plumbing and Heating Services and for You to pay for them.
4.8 If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.

5. Deposit

5.1 At the time of accepting the Quotation or not more than 7 days thereafter, depending on the nature of the work and any specialist Products required in advance, You may be required to pay Us a Deposit. The Deposit will be specified within the Quotation. We will not confirm an Order until the Deposit is paid in full.
5.2 If you cancel the Plumbing and Heating Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.

6. Fees and Payment

6.1 The Quoted Fee will include the price payable for the Plumbing and Heating Services and for the estimated Products required.
6.2 We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.
6.3 If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
6.4 We will invoice You, for the remaining sums due, when the Job has been completed, however should the Job be for a long term period, invoices may be issued prior to completion but this shall be confirmed within the Quotation.

6.5 You must pay any invoice on or before the due date specified on the invoice.
6.6 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 8% above the base rate of Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
6.7 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

7. Plumbing and Heating Services

7.1 We will provide the Plumbing and Heating Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
7.2 We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
7.3 We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Products as a result of differences between photographs, and other materials, and the Products themselves, or as a result of minor technical changes which will not impact your use of the Product in question. Product packaging may also vary. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
7.4 We will ensure that the Plumbing and Heating Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 We will properly dispose of all waste that results from Our provision of the Plumbing and Heating Services.
7.7 Where a Job is to last for more than one working day, the Plumber will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

8. Faulty Products

8.1 If any Products are supplied in the course of Us providing the Plumbing and Heating Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.
8.2 Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.
8.3 Should You obtain the product(s), and these products are faulty, We shall not be held liable for any issues with these products. You will require to liaise with the

manufacturer You purchased these from. We will not provide any warranty for any products not supplied by Us.

9. Problems with Our Service

9.1 If there is a problem with the result of the Plumbing and Heating Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.
9.2 We always use reasonable efforts to ensure that Our provision of the Plumbing and Heating Services is trouble-free. If, however, there is a problem with the Plumbing and Heating Services We request that You inform Us within 7 days of completion of the works. We will use reasonable efforts to remedy problems with the Plumbing and Heating Services as quickly as is reasonably possible and practical.
9.3 We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
9.4 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
9.5 If We do not perform the Plumbing and Heating Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.
9.6 If for any reason We are required to repeat the Plumbing and Heating Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

10. Your Obligations

10.1 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the Plumbing and Heating Services.
10.2 We may ask you to move or remove certain furniture, fixtures and fittings in the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
10.3 You will ensure that We can access the Property at the Agreed Times to provide the Plumbing and Heating Services.
10.4 You may either give Us a set of keys to the Property or be present at the Agreed Times

to give the Us access. We promise that all keys will be kept safely and securely by Us.
10.5 If You do not provide the required access to the Property or make it impossible for Us to provide the Plumbing and Heating Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result
10.6 You must ensure that We have access to electrical outlets and a supply of hot and cold running water.

11. Complaints and Feedback

11.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
11.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
By email, addressed to Dominic Visick, info@brookviewplumbing.co.uk; By telephone on 01462 227044

12. Changing the Start Date

12.1 If You ask Us to change the Start Date:
12.1.1 We will where reasonably possible agree a revised Start Date with You;
12.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
12.2 If We ask You to change the Start Date, You may either:
12.2.1 agree a revised Start Date with Us; or
12.2.2 terminate the Agreement (see Clause 15).

13. Cancellation of Contract During the Cooling Off Period

13.1 Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:
13.1.1 in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and
13.1.2 in relation to the Plumbing and Heating Services, at the end of 14 calendar days after the date on which the contract is formed.
13.2 If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by email to the email address

specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
13.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
13.4 If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract (including, but not limited to, the Deposit, where applicable).
13.5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
13.6 We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.
13.7 If You exercise the right to cancel in relation to Products:
13.7.1 We will issue a refund within 14 calendar days and in any event no later than 28 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);
13.7.2 You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;
13.7.3 We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;
13.7.4 Please also note that Products that become inseparably mixed with others cannot be returned.
13.8 If the Start Date falls within the cooling off period You must complete the attached Waiver Form waiving your rights to the 14 day cooling off period. By waiving your rights, You acknowledge and agree to the following:
13.8.1 If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
13.8.2 If You cancel the Agreement after provision of the Plumbing and Heating Services has begun You will be required to pay for the Plumbing Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel;
13.8.3 The amount due will be calculated in proportion to the full price of the Plumbing and Heating Services and the actual Plumbing and Heating Services already provided. Any sums that have already been paid for the Plumbing and Heating Services will be refunded subject to deductions calculated on this basis;
13.8.4 We will process any refund within 14 calendar days and in any event no later than 28 calendar days after You inform Us of Your wish to cancel.
13.9 Clause 14 applies to the termination of the Agreement after the 14 calendar day cooling off period has elapsed.

14. Cancellation Outside of the Cooling Off Period

14.1 In addition to Your rights in Clause 13 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date (if relevant):
14.1.1 If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and more than 7 days before the Start Date, We will not refund the Deposit, if applicable, however we may refund other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
14.1.2 If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 3 days before the Start Date, We will not refund the Deposit. You will also require to pay a sum to cover any net financial loss that We suffer due to the cancellation. We will invoice You for these sums and You will be required to make payment in accordance with Clause 6.
14.2 We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

15. Termination

15.1 You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
15.1.1 We have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of You asking Us in writing to do so;
15.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
15.1.3 You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement under Clause 12;
15.1.4 We are unable to provide the Plumbing and Heating Services due to an event outside of Our control (see Clause 17).
15.2 We may terminate the Agreement with immediate effect by giving You written notice if:
15.2.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
15.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 7 calendar days of Us asking You in writing to do so; or
15.2.3 You and We have been unable to agree a revised Start Date under Clause 12;
15.2.4 You do not provide the Trader with access to the Property or otherwise make it impossible for the Trader to provide the Plumbing and Heating Services, and We have been unable to contact You to re-arrange the Plumbing and Heating Services under sub-Clause 10.5;
15.3 For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
15.4 If at the termination date:
15.4.1 You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Plumbing and Heating Services We have not yet provided, these sums will not be refunded to You. We may also charge You reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4.
15.4.2 We have provided Plumbing and Heating Services that You have not yet paid for, all sums owing will become due immediately. We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

16. Effects of Termination

16.1 If the Agreement is terminated for any reason:
16.1.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
16.1.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

17. Events Outside of Our Control (Force Majeure)

17.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
17.2 If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
17.2.1 We will inform You as soon as is reasonably possible;
17.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
17.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Plumbing Services as necessary;

17.2.4 You or We may terminate the Agreement (see Clause 15).

18. Liability

18.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
18.2 We provide Plumbing and Heating Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
18.3 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Plumbing and Heating Services.
18.4 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
18.5 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
18.6 Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

19. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy available from https://brookviewplumbing.co.uk/privacy-policy/.

20. Other Important Terms

20.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
20.2 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
20.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
20.4 The Agreement is between You and Us. It is not intended to benefit any other person

or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
20.5 If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
20.6 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

21. Law and Jurisdiction

21.1 These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
21.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.