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Terms and Conditions 

1. Definitions

1.1 Beaumont Plumbing Solutions Ltd  is registered in England & Wales as a Limited Company trading address of 76 Innovation Centre, University Road, Canterbury, Kent, England, CT2 7FG and Limited Company number 12897759

1.2 the Client: the organisation or person who purchases the Services from Beaumont Plumbing Solutions as specified in the Contract Specification and/or Maintenance Agreement;

1.3 the Goods: the merchandise, wares or materials supplied by Beaumont Plumbing Solutions  to the Client and detailed in the Contract Specification and/or Maintenance Agreement. Goods supplied by Beaumont Plumbing Solutions will be charged at the retail price plus 20% handling charge;

1.4 the Services: the professional services to be provided by Beaumont Plumbing Solutions to the Client and as detailed in the Contract Specification and/ or Maintenance Agreement;

1.5 Reactive Visit(s): Where Beaumont Plumbing Solutions are made aware of an emergency from the Client which requires immediate action; 

1.6 the Estimate: an estimate of the likely minimum costs involved for the completion of the Services and/ or Goods based on a visual inspection by Beaumont Plumbing Solutions and/or details supplied to Beaumont Plumbing Solutions by the Client. The Estimate is set out in the Contract Specification and/or Maintenance Agreement. The Estimate is subject to change in line with the terms of the Agreement. VAT is chargeable at the prevailing rate;

1.7 the Contract Specification: means the schedule of works, quotation or other similar document giving details of the Goods and/or Services to be provided by Beaumont Plumbing Solutions;

1.8 the Maintenance Agreement: means the written agreement between the parties for Beaumont Plumbing Solutions to provide planned and/or reactive maintenance works to the Client in respect of specific Assets for a fixed duration;

1.9 the Assets: the item(s) specified under the Maintenance Agreement identified with the make, model and serial number;

1.10 the Parts; minor and major items which make up the Assets;

1.11 the Monthly Fee: means the fixed monthly fee payable by the Client where planned servicing of specific Assets, for a specific time is required;

1.12. the Agreement: these Terms and Conditions together with any terms contained within any Contract Specification and/ or Maintenance Agreement.

 

2. General and Interpretation

2.1. These Terms and Conditions shall apply to all and any contracts for the supply of Goods and or Services by Beaumont Plumbing Solutions to the Client and to the exclusion of all other terms and conditions, including any terms and conditions the Customer may purport to apply under any purchase order, confirmation of order or similar documents.

2.2. These Terms and Conditions along with the Maintenance Agreement govern the provision of planned preventative maintenance and reactive maintenance services to the Client in respect of the Assets.

2.3. These Terms and Conditions along with a Contract Specification govern the provision of Goods and Services.

2.4. Any variation to these conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director of Beaumont Plumbing Solutions .

2.5. In the Agreement any references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

2.6. To the fullest extent permissible by law, all implied terms, conditions, warranties and representations are excluded from this contract.

2.7. In these Conditions headings will not affect the construction of these Conditions.

 

3. Charges, invoicing and payment

3.1. A contract for the supply of Goods and or Services will only be formed when Beaumont Plumbing Solutions confirms acceptance of the Client’s order, and the Client's acceptance of the Estimate. A purchase order or letter of intent will not form a binding contract until such acceptance has been communicated by Beaumont Plumbing Solutions.

3.2. Beaumont Plumbing Solutions fees (the Estimate or Monthly Fee) for the supply of Goods and or Services will be detailed in the Contract Specification and/ or the Maintenance Agreement. The Estimate and Monthly Fee will be exclusive of VAT which will be applied as necessary.

  • 3.2.1 Where a Reactive Visit takes place, the Client will be made aware of the schedule of rates and estimate of time to complete before the services commence. 

3.3. The Estimate may be subject to increase in the following circumstances. Where subject to increase, the Client will be notified by Beaumont Plumbing Solutions:

  • 3.3.1 If, after agreement of the Estimate, the Client instructs Beaumont Plumbing Solutions (written or orally) to provide additional works or services not referenced or detailed within the Contract Specification;

  • 3.3.2 If it is discovered further works and services need to be carried out in order to provide the Goods and/ or Services as provided for in the Estimate which had not been anticipated.

3.4. The Client will be invoiced for the Goods and/ or Services on completion unless otherwise detailed in the Contract Specification or Maintenance Agreement.

3.5. Invoiced amounts shall be payable within the period specified on the invoice or in the Contract Specification/ Maintenance Agreement. If not specified, all invoices are due for payment on invoice.

3.6. A deposit may be payable in line with the Contract Specification and/ or Maintenance Agreement.

3.7. In respect of maintenance as outlined within a Maintenance Agreement, only the Services outlined at clause 4.1 within these terms, and within the Maintenance Agreement shall be inclusive. Any additional Goods and/ or Services will be outlined within a Contract Specification.

3.8. If Beaumont Plumbing Solutions cannot gain access to enable completion of the Services or the delivery of Goods an aborted visit fee may be imposed as set out in the Maintenance Agreement and/ or Contracts Specification.

3.9 Beaumont Plumbing Solutions is entitled to charge interest on overdue invoices from the day after the final date on which payment was due until the date on which payment was made. The rate of interest charged shall be 8.00% per annum above the official dealing rate of the Bank England currently in force.

3.10. Beaumont Plumbing Solutions shall also be entitled to recover any reasonable charges incurred in the process of obtaining late payment owed by the Client to Beaumont Plumbing Solutions, unless such costs are incorporated in a fixed cost agreed in settlement of the late payment owed by the Client to Beaumont Plumbing Solutions. Such costs may include, but are not limited to the fees paid to any third party debt collecting agency instructed to collect the late payment from the Client.

3.11. Where the Client fails to make payment of an invoice by the final date for payment in accordance with this clause and the Contract Specification, Beaumont Plumbing Solutions, shall be entitled to, on submission of seven days’ written notice, suspend performance of the Services until payment of the outstanding amount has been made by the Client.

3.12. Where Beaumont Plumbing Solutions suspends performance of the Services in accordance with Clause 3.11 the Client shall not instruct any other company, person(s) or organisation to perform the Services.

3.13. The Client agrees that it shall be liable for any costs and damages incurred by Beaumont Plumbing Solutions in consequence of Beaumont Plumbing Solutions’ suspending performance of the Services in accordance with Clause 3.11.

3.14. The Client further agrees that suspension of the Services in accordance with Clause 3.11 shall not amount to a breach of this Agreement by Beaumont Plumbing Solutions.

3.15. The Parties agree that ownership of any Goods supplied by Beaumont Plumbing Solutions (or any supplier to Beaumont Plumbing Solutions) in the provision of the Goods and Services shall be retained by Beaumont Plumbing Solutions until all invoices raised by Beaumont Plumbing Solutions have been settled by the Client.

 

4. The Maintenance Agreement

4.1. Where a Maintenance Agreement applies to the Assets, the Services as provided for within the Maintenance Agreement and the Monthly Fee shall include:

  • 4.1.1. A minimum contract period of 12 months;

  • 4.1.2. A set number of Preventative maintenance visits as detailed in the Maintenance Agreement;

  • 4.1.3. Contact, for the duration of the Maintenance Agreement with Beaumont Plumbing Solutions and access to a 24- hour helpline in relation to faults and/ or break down with the Assets.

4.2. Reactive visit(s) may be requested by the Client through the channels provided within the Maintenance Agreement for a Beaumont Plumbing Solutions Engineer to inspect and, if necessary, attempt repair and/or replace major parts or components of the Assets. As outlined within the Maintenance Agreement, reactive visits incur additional charges as per the schedule of rates outlined within the Maintenance Agreement 

4.3. If Beaumont Plumbing Solutions finds a problem or fault during any Preventative Maintenance Visits that needs to be fixed, Beaumont Plumbing Solutions will provide the Customer with all relevant information. This will be noted on the service record. Beaumont Plumbing Solutions will contact the Client with a Contract Specification to have the work rectified.

4.4. If Beaumont Plumbing Solutions has agreed to cover certain Assets but warned the Client that it might be difficult to find spare parts, Beaumont Plumbing Solutions will do what it can, within reason, to repair it.

4.5. All Parts shall be supplied on exchange terms and will be equivalent standard parts of equal quality. Beaumont Plumbing Solutions normally provides new replacement Parts, but it reserves the right to provide refurbished Parts. All Parts removed for replacement shall become the property of Beaumont Plumbing Solutions. Beaumont Plumbing Solutions will be free to dispose, or refurbish them at its own discretion

4.6. Beaumont Plumbing Solutions will use reasonable endeavours to meet all Visits it has arranged. If for any reason Beaumont Plumbing Solutions has to cancel the Visit it will let the Client know as soon as practicable and will seek to re-arrange the Visit through the appropriate Client channels

4.7. The Client acknowledges and agrees that Beaumont Plumbing Solutions is not obliged to supply written reports with regard to any faults, repairs, maintenance or otherwise in respect of the Services, and that any reports requested by the Customer will only be supplied entirely at the discretion of Beaumont Plumbing Solutions. 

4.8.. The Maintenance Agreement and Monthly Fee shall not include:

  • 4.8.1. Repair of pre-existing faults;

  • 4.8.2. Any building works, making good or redecoration unless specifically stated within the Maintenance Agreement or a Contracts Specification;

  • 4.8.3. Any repair to, or replacement of pipework;

  • 4.8.4. Faults caused by any other party repairing or otherwise working on the appliance other than Beaumont Plumbing Solutions;

  • 4.8.5. The provision of any review, or Services in relation to any other Assets than that set out within the Maintenance Agreement;

  • 4.8.6. Repair to, or replacement of parts or components other than those set out within the Maintenance Agreement;

  • 4.8.7. Repair or replacement in the event of vandalism to the Assets;

  • 4.8.8. Repair necessary due to breakdowns caused wholly or partly by works carried out by anyone other than an Beaumont Plumbing Solutions authorised Engineer;

  • 4.8.9. Repair necessary due to breakdowns caused wholly or partly due to use of the Assets against the instructions of Beaumont Plumbing Solutions and the manufacturer;

  • 4.8.10. Replacement of any item of plant, accessory or components of plant or system; 

  • 4.8.11. Any lifting, scaffolding or access equipment;

  • 4.8.12. Any carpentry or building works of any kind;

  • 4.8.13. Any parking and congestion charges incurred in carrying out visits under the Maintenance Agreement;

  • 4.8.14. Any Goods or Services not specifically listed in writing within clause 4.1, or the Maintenance Agreement.

4.3 The provision of Goods and/ or Services as outlined in clause 4.8 may be provided by Beaumont Plumbing Solutions (at Beaumont Plumbing Solutions discretion) where possible at additional cost to the Client in line with a Contract Specification

 

5. Client Responsibilities

5.1. The Client shall cooperate with Beaumont Plumbing Solutions in order to enable Beaumont Plumbing Solutions to perform its obligations under this Agreement and in particular shall:

  • 5.1.1. Obtain all necessary permissions and consents that may be required for the performance of the Services including but not limited to Planning Permission and Building Control where required;

  • 5.1.2. Ensure that accurate information, such as the delivery address for Goods, is supplied to Beaumont Plumbing Solutions and supply any further information reasonably required by Beaumont Plumbing Solutions;

  • 5.1.3. Ensure that access and egress to the site(s) is unobstructed to allow Beaumont Plumbing Solutions performance of the Services and delivery of the Goods;

  • 5.1.4. Ensure access to and collection of all materials, equipment and plant which is the property of Beaumont Plumbing Solutions (or any supplier to Beaumont Plumbing Solutions);

  • 5.1.5. Protect all items of furniture, furnishings, fixtures and fittings against damage during the provision of the Services by Beaumont Plumbing Solutions, whether through removal or suitable protective covering;

  • 5.1.6. Be responsible to check Goods are in good working order on delivery and to ensure their safekeeping/ storage; 

  • 5.1.7. Be responsible for any additional costs incurred as a result of testing or otherwise required to allow Beaumont Plumbing Solutions to perform the Services under this Agreement;

  • 5.1.8. Be responsible for the removal of any waste materials resulting from the Services carried out by Beaumont Plumbing Solutions and/ or supply disposal units such as skips for this purpose;

  • 5.1.9. Be responsible for all submissions, payments and approvals where applicable from Building Control or other relevant statutory authorities;

  • 5.1.10. Allow access and egress to the site by Beaumont Plumbing Solutions and its insurers for the purposes of inspection of any alleged defective work within 12 months of completion of the Services;

  • 5.1.11. Comply with such other requirements as may be set out in the Contract Specification or otherwise agreed between the parties. The Client shall be liable to compensate Beaumont Plumbing Solutions for any expenses incurred or losses suffered by Beaumont Plumbing Solutions as a result of a failure of the Client to comply with any part of clause 5.1.

  • 5.1.12. If we cannot turn off the external water supply stopcock to complete the Services, it is the Clients responsibility to inform the Water Supplier to turn it off.

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6. Beaumont Plumbing Solutions’ Responsibilities

6.1. Beaumont Plumbing Solutions will use all reasonable efforts and skills to ensure that the Services and Goods provided by Beaumont Plumbing Solutions are delivered in accordance with the standards expected of professional plumbing and heating engineers.

6.2. Beaumont Plumbing Solutions will perform Services in accordance with the applicable requirements of associations in terms of qualifications and professional knowledge. 

6.3 From time to time it may be necessary for Beaumont Plumbing Solutions to leave the site to respond to Reactive Visits. This will not affect the cost of the Maintenance Agreement and/or Contract Specification for the Client. Any work which has not been completed due to this situation arising will be rescheduled at the earliest opportunity. 

6.4 From time to time it may be necessary for Beaumont Plumbing Solutions to leave the site to acquire Goods in order to complete the necessary Maintenance Agreement / Contract Specification tasks. This time will still be chargeable however will be kept to a strict maximum no greater than 1 hour of time. 

6.5 In the case of Reactive Visits, response times given by Beaumont Plumbing Solutions are only estimates and Beaumont Plumbing Solutions shall use reasonable endeavours to meet them. response times are measured from the conclusion of the relevant telephone call to Beaumont Plumbing Solutions. Specific response times for Clients are set out in the Maintenance Agreement

 

7. Health and Safety

7.1. Beaumont Plumbing Solutions treats the health and safety of its employees, contractors and agents with the utmost importance. Beaumont Plumbing Solutions will carry out site specific risk assessments and produce method statements for any Services carried out on a site operated by or on behalf of the Client.

7.2. The Client acknowledges its statutory and common law duties in relation to the health and safety of visitors to its site, including in particular pursuant to section 4 of the Health and Safety at Work etc. Act 1974.

7.3. The Client shall ensure that all sites where Beaumont Plumbing Solutions shall carry on the Services are safe for conduct of those Services. Beaumont Plumbing Solutions shall notify the Client of any risks to health and safety which require remedial action, which must be taken by the Client within a reasonable time scale.

7.4. The Client will advise Beaumont Plumbing Solutions of any changes made to its premises which will affect or impact the delivery of the Services.

7.5. Beaumont Plumbing Solutions reserves the right to suspend the provision of all or part of the Services where an unacceptable risk to health and safety exists until the Client has removed, or reduced to an acceptable level, that risk. The Client shall remain liable for any charges due for the Services during any such period of suspension.

 

8. Variations to the Services

8.1 Variations to the Services and or Goods to be provided by Beaumont Plumbing Solutions under this Agreement must be agreed by an authorised representative of Beaumont Plumbing Solutions as specified in the Contract Specification. Any other variation will not be binding upon Beaumont Plumbing Solutions.

8.2 All variations to the Services and or Goods must be confirmed in writing and signed by an authorised representative of Beaumont Plumbing Solutions and the Client no later than seven days after the date on which the variation became effective.

 

9. Guarantees and Insurances

9.1. A guarantee shall be provided by Beaumont Plumbing Solutions in respect of labour (30 days) and parts (12 months) from the date of completion of the Services.

9.2. This guarantee is valid only upon the Goods and Service being paid for in full.

9.3. Beaumont Plumbing Solutions will not carry out any remedial works under guarantee where the Client cannot supply sufficient evidence that the Services were originally carried out by Beaumont Plumbing Solutions, and/ or that the parts were supplied by Beaumont Plumbing Solutions.

9.4. Beaumont Plumbing Solutions will seek to repair faulty workmanship or parts where this is notified to Beaumont Plumbing Solutions in writing by the Client within 30 days / 12 months from the date of completion of the Services only where it is found that such faulty workmanship was wholly by Beaumont Plumbing Solutions, or the faulty part was supplied by Beaumont Plumbing Solutions.

9.5. Beaumont Plumbing Solutions and/ or its insurers must be provided the opportunity to inspect the workmanship and parts and any alleged defect prior to carrying out repair works in line with this guarantee.

9.6. Beaumont Plumbing Solutions will not contribute to the cost of the Client seeking repair/ replacement elsewhere.

9.7. Any guarantee in line with clause 9.1 will become null and void if the Services and/ or Goods completed/ supplied by Beaumont Plumbing Solutions have been:

  • 9.7.1. Subject to misuse, wilful act or neglect of the Client or any third party;

  • 9.7.2. Repaired, tampered with, or modified by anyone other than an Beaumont Plumbing Solutions operative/ representative.

9.8. Beaumont Plumbing Solutions shall not be liable for any consequential loss by the Client or a third party of any nature whatsoever including (without limitation) loss of earnings.

9.9. Beaumont Plumbing Solutions reserve the right to invoice the Client for all costs incurred handling a claim under this guarantee which prove not to be covered by this guarantee, including but not limited to the cost of the initial inspection visit at Beaumont Plumbing Solutions’ standard rate.

9.10. Any parts, equipment or components supplied by Beaumont Plumbing Solutions (the Goods) may be covered by their respective manufacturer’s warranty in addition.

9.11. Any systems or structures which have not been installed or worked on by Beaumont Plumbing Solutions will not be covered under this guarantee.

9.12. Damage resulting in the requirement for remedial works/ replacement or repaired parts caused partly or entirely as a result of the following will not be covered under this guarantee, nor will Beaumont Plumbing Solutions be liable for such:

  • 9.12.1. Insect Infestation;

  • 9.12.2. Fire;

  • 9.12.3. Flood;

  • 9.12.4. Structural defects such as subsistence;

  • 9.12.5. Outside force or root penetration;

  • 9.12.6. Weather;

  • 9.12.7. Natural disaster.

9.13 Beaumont Plumbing Solutions will not guarantee any works that have been advised against carrying out. Likewise, Beaumont Plumbing Solutions will not guarantee any works where it has advised of any remedial works needed, either verbally or in written form, but this work has not been carried out. Where Beaumont Plumbing Solutions agrees to carry out works on installations of inferior quality or over 7 years old at that date the Services commence no warranty is given in respect of such works and Beaumont Plumbing Solutions accepts no liability in respect of the effectiveness of such works or otherwise.  

 

10. Warranty

10.1. Any warranties and conditions provided in this Agreement shall be exclusive.

10.2. All other warranties and conditions, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the performance of the Services and or the supply of the Goods by Beaumont Plumbing Solutions.

 

11. Indemnity

11.1. The Client shall indemnify Beaumont Plumbing Solutions for any losses incurred by Beaumont Plumbing Solutions as a result of investment made by Beaumont Plumbing Solutions in vehicles, equipment, man power or any other goods or services to perform the Services or supply the Goods in consequence of the formation of this Agreement where the Client cancels or varies this Agreement. Beaumont Plumbing Solutions shall notify the Client of the nature and approximate value of that investment prior to making that investment.

11.2. The Client shall indemnify Beaumont Plumbing Solutions in respect of any direct loss incurred by Beaumont Plumbing Solutions in the performance of the Services and or supply of the Goods in consequence of any negligent act or omission committed by any person or organisation acting on behalf of the Client.

11.3. Beaumont Plumbing Solutions shall indemnify the Client in respect of any direct loss incurred by the Client in consequence of any negligent act or omission committed by any person or organisation acting on behalf of Beaumont Plumbing Solutions in the normal course of the performance of the Services or supply of the Goods.

 

12. Limitation of Liability

12.1. Nothing in these Terms and Conditions shall exclude or limit Beaumont Plumbing Solutions’ liability for personal injury, death or fraudulent misrepresentation.

12.2. The liability of Beaumont Plumbing Solutions to the Client under this Agreement shall be limited to any direct loss suffered by the Client as result of the negligent performance of the Services or supply of the Goods and only where the Client notifies Beaumont Plumbing Solutions of the negligent act or omission in question within seven days of the date when the Client became, or should reasonably have been, aware of that act or omission.

12.3. Beaumont Plumbing Solutions shall not be liable for any loss caused by any act or omission of an operative of Beaumont Plumbing Solutions where that operative was not acting in the normal course of performance of the Services or supply of the Goods.

12.4. Beaumont Plumbing Solutions shall not be liable for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.

12.5. Beaumont Plumbing Solutions shall not be liable for the cost of, nor responsible for the repair of, any damage to property such as wallpaper, paintwork, tiles, carpets, furniture, fixings etc. which occur during the course of provision of the Services.

12.6 Beaumont Plumbing Solutions shall not be liable for any damage caused as a result of investigative work or repairs carried out whilst on-site. This includes, but is not limited to, any damages caused by the removal of tiles and tiling, all floor coverings, internal and external walls and their respective coverings, bathroom suites, panels and furniture, Ceilings and adjacent pipework.

12.6. Beaumont Plumbing Solutions shall not be liable for any loss or damage arising from the performance of services that amount to a variation of the Services to be performed or Goods to be supplied agreed under this Agreement unless such variation has been agreed in compliance with clause 9 of this Agreement.

12.7. Beaumont Plumbing Solutions shall not be liable for any indirect or consequential loss suffered by the Client due to a breach of this Agreement.

12.8. Beaumont Plumbing Solutions shall not be responsible for any additional costs incurred by the Client as a result of testing or otherwise required to allow Beaumont Plumbing Solutions to perform the Services under this Agreement.

12.9. Beaumont Plumbing Solutions shall not be responsible for the cost to the Client of any works which need to be carried out to enable Beaumont Plumbing Solutions to provide the Goods and/ or Services safely, including but not limited to electrical wiring.

12.10. Beaumont Plumbing Solutions accepts no liability for materials supplied by the Client or other third parties and accepts no liability for any damage or faults as a result.

12.11. Beaumont Plumbing Solutions accepts no liability for the condition or performance of existing systems or equipment retained by the Client which Beaumont Plumbing Solutions has not provided or carried out works on under this Agreement.

12.12. Beaumont Plumbing Solutions shall not be liable or responsible for any damage or defect arising from the works of any third party contractor.

12.13. Beaumont Plumbing Solutions shall not be liable for losses resulting from works recommended by Beaumont Plumbing Solutions which are subsequently not carried out.

12.14 Beaumont Plumbing Solutions shall not be liable for any losses from services carried out where Beaumont Plumbing Solutions has explicitly expressed verbal or written concern to the Client around the condition or nature of the work to be carried out in regards to further damage/losses. In this scenario the client will be asked to sign a waiver relieving Beaumont Plumbing Solutions of liability for works carried out. Beaumont Plumbing Solutions will still carry out its obligations in regards to clause 6 of this agreement. 

12.15 Beaumont Plumbing Solutions shall not be liable for any losses incurred from lack of permissions including but not limited to planning permission or building control authority. Any work performed will still be chargeable. 

12.16 Beaumont Plumbing Solutions shall not be liable for any damage which is unforeseeable. All attempts will be made to gain all relevant information from the Client to mitigate this.  

12.17 Beaumont Plumbing Solutions shall not be liable for any losses incurred by the Client as a result of a failure to arrive within the response time for Reactive Visits.

12.18. Time shall not be of the essence in relation to performance of the Services or supply of the Goods unless expressly provided otherwise in the Contract Specification, and Beaumont Plumbing Solutions shall not be liable for any losses incurred by the Client as a result of a failure to perform the Services or supply of the Goods within the indicated time frames specified in the Contract Specification.

 

13. Termination

13.1. Where no Maintenance Agreement applies, this Agreement shall terminate automatically once Beaumont Plumbing Solutions has completed performance of the Services and or provided the Goods within the Contract Specification and the Client has made payment of all monies owed to Beaumont Plumbing Solutions under this Agreement.

13.2. Beaumont Plumbing Solutions may cancel the Agreement in the following circumstances: 

  • 13.2.1 If you have given us false information;

  • 13.2.2. If you do not make an agreed payment; . 

  • 13.2.3. If Beaumont Plumbing Solutions are unable to continue provision of Goods and Services due to lack of suitably qualified Engineers; 

  • 13.2.4. If there are health and safety issues; 

  • 13.2.5. If you are physically violent or verbally abusive to a Beaumont Plumbing Solutions Engineer or any other employee; 

  • 13.2.6. If you do not allow us access to the Site when required to inspect or carry out work; 

  • 13.2.7. If we are not reasonably able to find the Parts for the Assets; 

  • 13.2.8. If improvements to your system and Assets, that we have told you are needed, are not completed. 

13.3. If we cancel your agreement Beaumont Plumbing Solutions will refund any payments you have made for where the Goods and/or Services have not yet been provided - in line with 13.5.

13.4. Otherwise this Agreement may not be terminated except in accordance with the provisions of this clause.

13.5. For Consumer Clients, this Agreement may be cancelled by the Client with at least 48 hours’ notice to be provided in writing to Beaumont Plumbing Solutions prior to the commencement of Services without charge except in the following circumstances where the Client may be invoiced for the cost incurred by Beaumont Plumbing Solutions as a result:

  • 13.5.1. Where Goods have been ordered specific to the Client’s requirements and Beaumont Plumbing Solutions cannot return to their suppliers and obtain a full refund;

  • 13.5.2. Where additional costs are incurred as a result of returning Goods and/ or cancelling orders;

  • 13.5.3. Where Goods have been ordered specific to the Client’s requirements;

  • 13.5.4. Administrative time to arrange Goods and Services  

13.6. The Client shall indemnify Beaumont Plumbing Solutions for any reasonable losses suffered or costs incurred as a result of early termination of this Agreement in compliance with the preceding sub-clause.

13.7. For consumer Clients where the Agreement is not made on our premises, the Client has a statutory right to a “cooling off” period. This period begins once the contract between the Client and Beaumont Plumbing Solutions is formed and ends at the end of 14 calendar days after that date. To cancel the Agreement within the cooling off period the Client should inform Beaumont Plumbing Solutions immediately by a clear statement.  To meet the cancellation deadline, it is sufficient to send communication concerning the exercise of the right to cancel before the cancellation period has expired. If the Client exercises the right to cancel the Client will receive a full refund of any amount paid to Beaumont Plumbing Solutions in respect of the Contract Specification. We will process the refund due as a result of a cancellation without undue delay and, in any case, within the period of 30 days after the day on which Beaumont Plumbing Solutions are informed of the cancellation. If the Start Date falls within the cooling off period the Client must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the Estimate process. By making such a request the Client acknowledges and agrees to the following:

  • 13.7.1. If the Job is completed within the 14 calendar day cooling off period, the Client will lose the right to cancel once the Job is completed; 

  • 13.7.2. If the Client cancels the Agreement after provision of the Services has begun the Client will be required to pay for the Services supplied up until the point at which the Client informs Beaumont Plumbing Solutions of the wish to cancel and any costs associated with sub clause 13.3;

  • 13.7.3. The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis.

13.8. In the event of Services under a Maintenance Agreement, either party may terminate this Agreement only after 12 months by giving one month’s notice prior to reaching 12 months of this Agreement in writing.

13.9. Where either party does not give notice to terminate the Maintenance Agreement one month or more prior to reaching the 12 month anniversary of the Agreement, the Agreement will automatically renew.

13.10. Where automatic renewal takes place in line with clause 13.7 of this Agreement, this will be at the same Monthly Fee unless the Client is otherwise notified by Beaumont Plumbing Solutions at least one month prior to the anniversary date of this Agreement.

13.11. Where notice is given by Beaumont Plumbing Solutions to the Client of an increased renewal Monthly Fee less than one month prior to the anniversary date of this Agreement, the Client may, within 14 days of the notification of the increase, give written notice to Beaumont Plumbing Solutions to terminate this Agreement. Failure to do so will result in automatic renewal under clause 13.7.

13.12. This Agreement may be terminated immediately whether applying to Goods and/ or Services under the Maintenance Agreement or Contract Specification by either party immediately in writing where:

  • 13.12.1. The other Party becomes bankrupt or insolvent or enters a deed or arrangement with its creditors or goes into liquidation or has a receiver appointed of all or part of its undertaking, (except for the purposes of amalgamation or restructuring); 

  • 13.13.2. Acts in fundamental or repeated breach of a term or terms of this Agreement to an extent which permits the other party to consider this Agreement repudiated, unless such breach is in consequence of force majeure.

 

14. Force Majeure

14.1. Neither party shall be entitled to damages from the other party, or to terminate this Agreement where the other party acts in default or material breach of this Agreement where that default or breach was caused by conditions or events beyond its control including, but not limited to:

  • 14.1.2. Acts of God;

  • 14.1.3. Natural disasters;

  • 14.1.4. Acts of war or terrorism;

  • 14.1.5. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;

  • 14.1.6. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;

  • 14.1.7. Any event preventing Beaumont Plumbing Solutions’ operatives from attending the Client’s premises to perform the Services including but not limited to adverse weather conditions, road closure or congestion and mechanical breakdown;

  • 14.1.8. Any hazard at the Client’s premises including but not limited to impeded access or exit routes, structural defects, presence of noxious, combustible, radioactive or toxic substance which, in the reasonable opinion of Beaumont Plumbing Solutions, comprises an unacceptable risk to the health and safety of its operatives; 

  • 14.1.9 Strike, lockout or other labour dispute affecting the employees of Beaumont Plumbing Solutions or the Client where in the latter case the effect is to prevent or hinder Beaumont Plumbing Solutions’ operatives from performing its duties;

14.2. The Party in breach of default shall be entitled to a reasonable extension of time to perform its obligations under this Agreement after notifying the other party

 

15. Independent Contractors

15.1. Beaumont Plumbing Solutions and Client are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless expressly agreed to in writing by both parties.

 

16. Assignment

16.1. Beaumont Plumbing Solutions may assign its obligations under this Agreement to a third party without the Client’s consent.

16.2. Nothing in the preceding sub-clause shall however prevent the Client from enforcing its rights under this Agreement against Beaumont Plumbing Solutions.

16.3. The Client may not assign any of its rights or obligations under this Agreement without the written consent of a Director of Beaumont Plumbing Solutions.

 

17. Severability

17.1. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

18. Waiver

18.1 The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

 

19. Notices

19.1 All notices and other communications provided for in this Agreement and any associated document shall be in writing and shall be delivered by post, fax, email or hand to an authorised representative, to the address, fax or email specified in the Contracts Specification.

19.2 Any notices served shall be deemed to be effective on actual receipt by the receiving Party, who shall acknowledge receipt within two working days of the date of receipt.

 

20. Data Protection

20.1. Beaumont Plumbing Solutions will comply with GDPR and The Data Protection Act 1998 and will only use personal data supplied to it by the Client in order to provide the Goods and Services to the Client.

20.2. Beaumont Plumbing Solutions will not use any personal data for any other purpose except with the express consent of the Client or unless it is required to do so by law.

20.3. The Client may request that Beaumont Plumbing Solutions supply to them a copy of the personal data which Beaumont Plumbing Solutions holds on file.

 

21. Entire Agreement

21.1. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

 

22. Third party rights

22.1 Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise

 

23. Jurisdiction

23.1 This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law. 

 

24. Complaints

24.1 If the Client has any complaint they must submit it to Beaumont Plumbing Solutions by email at complaints@beaumont.plumbing. We will not consider any complaint made 30 days after provision of Goods and Services has been concluded. 

24.2 Beaumont Plumbing Solutions will aim to resolve Client complaints within 7 days of receiving the complaint.  

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