Terms & Conditions
1.1 For the purpose of these Terms of Business the following definitions shall apply:
The “Company” means Morgan & Partners Plumbing & heating
The “Customer” means you, the person or organisation with whom the Company has entered into a contract for the supply of goods and/or services.
The “Engineer” means the representative appointed by the Company to perform the agreed work.
“Labour” means all time spent by the Engineer in carrying out work on behalf of the Customer, including all reasonable time spent in obtaining materials.
“Materials” means, in respect of each job, all hardware and fittings installed, supplied and/or purchased on behalf of the Customer by the Company.
2. Fixed Price Work
2.1 Fixed price work shall be quoted for in advance by the Company. The quote shall set out the address of the Property and the work instructed by the Customer. The quoted price shall represent the total amount to be paid by the Customer for the work specified in the quote, except in the circumstances set out below:
If the quoted price changes for any reason, including but not limited to;
a. The customer requesting additional work
b. Additional work being required which could not have been reasonably anticipated when the quote was prepared
c. There is an error in preparing the quote
d. Or the source cost of materials increases
e. The Customer instructs the Company to attend at a different Property from the Property named in the quote.
f. The price for a Landlord’s Gas Safety Certificate includes the inspection of a maximum of 3 gas appliances. Any other appliances tested at the property will incur a further charge.
We will draw up a revised quote which both parties must accept before proceeding. Please note that if we have already spent time on the job and it is discovered that additional work is required for the job to continue, you still have the right to cancel the revised contract.
You will be charged for our time on the job in line with our hourly rates and for any materials that have been purchased that cannot be refunded which will be left on the job.
2.2 The Company can only be bound by quotes, which are provided to the Customer in writing and signed by a duly authorised representative of the Company. An estimate provided orally shall not amount to a quote, which is capable of binding the Company.
2.3 Quotes provided by the Company are valid for 30 days from the date of the issue. This does not affect the Company’s right to withdraw a quote at any time prior to its acceptance for any reason.
2.4 Certain other works and services are carried out at a fixed price and the Customer should consult the Rates page. Such works and services are subject to these Terms of Business.
These prices vary outside 8am-6pm on Mondays to Fridays, as shown on the rates page on the website.
3. Hourly Rate Work
3.1 The amount charged to the Customer shall comprise:
- Labour charged at the Company’s applicable hourly rate
- Materials charged at cost plus 20% (which covers the time and effort involved in sourcing and obtaining such Materials).
3.2 The Company’s hourly rates are as set out in the Rates page.
Time starts to run from the arrival of the engineer at the property specified by the customer. If the customer requests us to collect keys from a different property, which is not the property where we are carrying out the work, time will start running from the property we collect the keys from.
Time will also include if we have to travel after having been to the property to purchase materials that is not stocked on our van and is not a part that a company should reasonable stock on their van, this is because there a certain jobs that are unable to be diagnosed (leak diagnostic) unless an engineer arrives so it would be impossible for us to purchase the materials (if not stocked on our van) before attending, unfortunately we cannot stock every plumbing, heating and gas part on our van.
3.3 The Company shall be entitled to recover the following incidental costs and expenses from the Customer:
The same charges will apply to the company if the company cancels or they are unable to attend appointments, unless the reasons are outside of the company’s control.
- Repairs, modifications or alterations to a Project by any persons other than someone engaged by Morgan and Partners in relation to the Project;
- Negligence by any persons other than someone engaged by Morgan and Partners in relation to the Project:
- The provision of any materials, parts or equipment sourced by the customer for us to use or fit as part of a Project.
4. Payment and customer liability
4.1 The Company shall invoice the Customer on completion of the work, or prior to completion of the work by written or oral agreement between the parties, or in the event of one of the circumstances set out in paragraph 4.5.
4.2 The Customer shall pay each invoice submitted to it by the Company within 2 days of receipt. Any part of an invoice that has not been paid by its due date shall trigger our small claim court procedure and a claim will be made in the county court, this however will only be done after a “letter before action” has been sent to the customer giving them a chance to make the payment.
4.3 In addition to 4.2 if the Customer fails to pay by its due date an invoice which it has been agreed will be issued prior to completion of the work, the Company reserves the right to suspend all further work until such invoice has been paid in full.
4.4 all are quotes and contracts are not agreed on the consumers premises and are agreed via written confirmation so the 14 day cooling period does not apply, any loss suffered if a consumer cancels a contract will be calculated to reflect the loss incurred and the consumer will be liable for this payment
4.5 The Customer shall be solely liable for the status of the Property which is presented to the Company upon its arrival and attendance at the Property, including any health and safety obstructions, obstacles, hazards or similar, or any hazardous situation in respect of the gas or electrical safety.
5. Company liability
5.1 Please refer to our complains procedure were a investigation will be carried out
If or services provided is not of a satisfactory quality
5.2 in this instance the Customer shall afford the Company (and its insurers if necessary) the opportunity to attend the Property on a date and at a time requested by the Company in order to inspect the work. If upon such inspection the Company in its reasonable professional judgment considers that the work is not of a satisfactory standard, the Company shall carry out remedial works at its cost.
5.3 The company’s liability will become null and void if at any time:
(a) Any of the work completed and/or Materials installed by the Company have been subject to invasive inspection, deconstruction, alteration, repair, modification, interference, misuse, negligence or similar actions by anyone other than the Company or its Engineers;
(b) the Customer has failed to service any of the Materials installed by the Company in accordance with the manufacturer’s recommendations;
(c) the Customer has failed to carry out any supplementary work that was recommended by the Company or the Engineer as being necessary at the time the work was completed; or
(d) any invoice to which the work relates has not been settled in full in accordance with paragraph 4 above.
5.4 The Guarantee shall not apply to work performed by the Company:
(a) In respect of blockages of waste and/or drainage systems or similar;
(b) at the instruction of the Customer against the oral or written advice of the Company or its Engineers; or
(c) on installations that are of inferior quality or that are over ten years old.
5.5 The Customer’s attention is drawn to the fact that the Company can only act upon the information disclosed to it by the Customer and act on the problems presented at the time of the Engineer’s visit. It is the responsibility of the Customer to alert the Company prior to the Company attending the Property to any pre-existing conditions and/ or relevant work that has been carried out by third parties, which may affect the Company’s subsequent work, and / or decisions the Engineer may make at the Property. If any relevant information is withheld or omitted to be disclosed by the Customer, the Company can accept no liability for any consequential loss, which the Customer may suffer.
5.6 The Company shall accept no liability and shall not be held responsible for any loss, damage or defect (whether direct or consequential) resulting from:
(a) The unsuitability of any Materials supplied by the Customer;
(b) the Customer refusing to allow the Company access to attempt to resolve any complaint (whether the Guarantee attaches or not); or where the Customer delays notifying the Company of its complaint and in either case any loss, defect or damage is made worse by such action or inaction;
(c) the Customer engages someone other than the Company to attempt to resolve any complaint about works carried out by the Company; and/ or
(d) any other matter, act, event or omission which is beyond the Company’s reasonable control.
5.7 Nothing in these Terms of Business excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for any other matter in respect of which it would be illegal for the Company to attempt to exclude its liability.
5.8 In the unlikely event of problems occurring with the work undertaken by the company, the company will act in accordance with the Consumer Rights Act to address any issues within a reasonable time.
6. Title to Materials
6.1 Ownership of the Materials shall not pass to the Customer until the Company has received payment in full for monies due.
6.2 The customer has a duty of care over any goods left in their possession. The company will not be liable for any damage or loss to any materials as a result of the customer’s negligence or lack of care.
6.3 If a Customer notifies the Company that it no longer wants the Materials after installation has been carried out, and it is not a result of a breach of contract or poor workmanship, the Company will charge the Customer the cost of the removal of such Materials based on the hourly rates prevailing on the Rates page at the time of the notification by the Customer. Without prejudice to the foregoing, any invoice relating to work already carried out must be paid in full in accordance with paragraph 4.
7.1 These Terms of Business form the basis on which the supply of goods and/or services is offered by the Company to the Customer and shall become binding upon the Customer’s acceptance of such offer.
7.2 These Terms of Business may only be varied by an agreement in writing signed by the Company and the Customer.
7.3 If any provision of these Terms of Business is found by any court to be invalid, illegal or unenforceable, that provision shall be deemed not to form part of the contract between the Customer and the Company and the validity and enforceability of the other provisions shall not be affected.
7.4 Headings and titles in these Terms of Business shall not affect their interpretation.
7.5 These Terms of Business, and all other contractual rights and obligations arising between the Customer and the Company, shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7.6 The Company offers to the Customer a voucher for £10 off a future boiler service when the Customer settles an invoice in accordance with paragraph 4.2. The voucher is valid for 12 months from the date of issue and is redeemable for any work carried out at the Property. Vouchers cannot be aggregated or added together. The Company reserves the right to withdraw this offer at any time.
7.7 Upon satisfactory completion of a new boiler installation or any major works entailing the draining of the heating system, the Customer shall be entitled to request one further visit from the Company to vent air from radiators (known as “bleeding”) provided the Customer notifies the Company that it requires this service within 60 days of completion of the works and in any event subject to settlement of any invoice in accordance with paragraph 4.2. Any other visits shall be chargeable.
7.8 The Company can only act upon the information disclosed to it by the Customer and act on the problems presented at the time of the Engineer’s visit. It is the responsibility of the Customer to alert the Company prior to the Company attending the Property to any pre-existing conditions and/ or relevant work that has been carried out by third parties, which may affect the Company’s subsequent work, and / or decisions the Engineer may make at the Property. If any relevant information is withheld or omitted to be disclosed by the Customer, the Company can accept no liability for any consequential loss, which the Customer may suffer.
7.9 Our complaints policy. We are committed to providing a high quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. Further details of our complaint handling procedure are available upon request. If you have a complaint, please contact us, in writing by email or letter, with the details. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the.
7.12 Where we cannot resolve any complaints using our own procedures, as an APHC accredited member, we use the Dispute Resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 01217115030 or visit their website.
8. Customer Obligation
8.1 The Customer shall:
8.1.1 ensure that the terms of the Order and any information it provides are complete and accurate;
8.1.2 co-operate with the Supplier in all matters relating to the Services;
8.1.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as the case may be as reasonably required by the Supplier;
8.1.4 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
8.1.5 prepare the Customer’s premises for the supply of the Services;
8.1.6 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
10. Consequences of termination
10.1 On termination of the Contract:
10.1.1 the Customer shall immediately pay to the Supplier any outstanding amounts payable
9.1 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving written notice to the Customer if:
9.1.1 the Customer fails to pay any amount due under the Contract on the due date for payment
9.1.2 we reasonably suspect that the Customer’s financial position has deteriorated to such
an extent that the Customer is unlikely to be able to pay for the Goods and/or Services.
9.1.3 the customer becomes verbally abusive or aggressive to the extent that the engineer on site fears for his/her safety
9.2 Where the Customer is a consumer and the Contract has been entered into over the telephone, online, or in the Customer home, the customer has the right to cancel this Contract within 14 days of the Commencement Date without giving any reason and must inform the Supplier in writing of the decision to cancel. The cancellation period will expire after 14 days from the Commencement Date. In the event that the Customer has requested the Supplier to commence performance of the Services during the cancellation period, the Customer shall be liable to pay the Supplier an amount which is in proportion to what has been performed up until the time the notification to cancel the contract is communicated to the Supplier.
- If a review relates to anything that requires a professional opinion i.e regulations only known by competent persons, the customer may not leave a review in relation to this until they have sought advice from a person or company in that field i.e a customer cannot leave a review about flue distances for gas boilers if they haven’t instructed a competent gas engineer to verify
- Were a review has been posted and information in the review relates to “verbal” communications that can not be verified by written communications i.e emails, text messages, letters, the customer will be liable for any consequential loss incurred by the company as a result of the review being posted online, this also applies if a review has been posted before the company was given the opportunity to remedy the complaint
- This however does not effect the customers right to leave a review on the website but only means it would be a breach of this agreement
- If our complains procedure has been finalised and a resolution has not been agreed then the customer would be free to leave a review
- In the unlikely event that the customer wants to make a complaint, our company must be given the opportunity to address the complaint before any review is posted online
- As mentioned in clause 2.2 we can only be bound by agreements and statements in writing
- With the growing number of online forums and review websites there has been a ever increasing amount of customers who use reviews as a way to break agreements, any review that is posted about our company online must be based on written contracts and agreements, this also refers to text messages and emails.