1 Introduction

These are LW Haddow’s Terms & Conditions. They tell you:

• The rules for using our services
• What you can expect from LW Haddow
• Your rights and responsibilies

2 When These Terms Apply

Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You also agree to our: Terms of Use, Privacy and Cookie policies.

The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.

3 What Do We Mean by “Services”?

Anything offered by LW Haddow, across all the trades we cover (Plumbing, Heating, Drainage, Bathrooms, Electrics, Carpentry, out-of-Hours calls and Commercial) involving:

• Enquiries
• Estimates
• Project Work
• Installations
• Repairs
• Emergency Call Outs
• Servicing
• Guarantees

 

4 Terminology

For the purpose of these terms & conditions the following words have the following meanings:

• “Us/We/Our/LW Haddow” refers to LW Haddow Plumbing and Heating Limited.
• “You/Client/Customer” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).
• “Tradesperson/tradespeople” refers to the representative(s) appointed by LW Haddow to carry out work.

We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.

 

5 Hourly Rate Work

The total charge to you will consist of the cost(s) of:

• Labour (the amount of time spent by the tradespersons carrying out work), including all time spent
  • travelling to and from your property, from Perth
  • diagnosing faults directly through manufacturers’ documentation, websites, or technical support lines and/or reference with colleagues
  • arranging for and collecting spare parts
  • installation of parts
  • calibration, testing
  • documentation relating to the work provided and obtaining non-stocked materials
• Charges are in accordance with our current hourly rates. If you are unsure of these rates, please contact the office team to confirm.
• Materials supplied by us (the trade purchase price of materials + handling charge).
• Mileage, to and from your property, from Perth

You will only be charged for the time spent related to your work. All other time, for example, lunch breaks is non-chargeable.

Where work is provided out-of-hours (see section 18), this may incur additional charges to cover overtime costs of tradespersons.

Where work is provided as a call out for an emergency, out-of-normal working hours (see section 18), this will be provided at our rates which will be confirmed when you contact us.

All charges are subject to VAT at the prevailing rate, except in cases where the work carried out is zero-rated.

6 Fixed Price Quoted Work

The total charge to you will be given as a quotation, inclusive of labour & materials. All costs are subject to VAT at the prevailing rate.

Quotes by the Company are subject to withdrawal by the Company at any time before the receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 30 days from their date.

Unless otherwise specified by the Company in the relevant quote, quotes are not firm or fixed-price quotations. They are estimates of the likely cost of the works and are based on the information made available to the Company during a non-intrusive survey.

The Company reserves the right to increase the price before carrying out the work by an amount equivalent to any increase to the Company in the cost of relevant materials since the date upon which the Company’s quote was given, save that if this would increase the quoted price by more than 10%, the Client may cancel the contract provided they do so before the work is begun or any relevant materials are ordered.

Installing unvented cylinders, boilers or similar appliances may require notification to the local building authority. It is the Client’s responsibility to make this notification save that the Company may, where agreed and subject to a reasonable administration fee, provide notification on the Client’s behalf.

The price specified in quotes does not include for the removal of any dangerous waste materials, such as asbestos, found when carrying out the works. This will be subject to an extra charge. Unless removal of any dangerous waste materials is specified in the quote.

Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:

• If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
• If, after submission of the estimate, there is an increase in the price of materials.
• If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
• If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
• Requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of £25.

We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.

 

7 Material Collection

Engineers and Plumbers carry a van stock of commonly used items, which minimises materials collection. Van stock is not exhaustive and may not cover all of the items required for your job. Reasons for this could include parts being utilised on a previous job.

Collection of non-stock items is chargeable, however:

• Time taken will be kept to a minimum and within reason and should not exceed 45 minutes.
• In the unforeseen circumstances that the collection time is likely to exceed 45 minutes you will be advised.
• Only one tradesperson is permitted to leave the job to collect required materials/parts.

 

8 Servicing and repairs

All gas installations will be tested for tightness prior to the commencement of any related works. The Company is unable to work with a gas installation if it does not comply with Gas Safety (Installation and Use) Regulations 1998. This includes working gas pressures. Gas pipework must conform to BS6891 and be sufficiently sized to suit the installation. Unless otherwise stated, upgrading of gas supplies is classed as additional work and charged accordingly.

Servicing and fault detection can be simple and solved in a single visit. It can be an iterative process, and it may require multiple visits. Please note that all visits and return visits are chargeable.

The servicing or safety check of a boiler or any other appliance does not include repairs that may be required. Servicing or safety checks do not guarantee fault-free operation for the following year.

Additional costs for time and materials will be detailed in the final invoice.

 

9 Invoices & Payment

Upon your agreement for us to carry out estimated or Prebooked work, a deposit payment is payable immediately. Materials will not be ordered for a project until the deposit is received. We reserve the right to request full payment in advance at our discretion.

There may be further payments required on receipt of key equipment into our Stores.

Delayed payment may delay and impact the completion date for the project.

Upon completion of work, you will be invoiced, for which payment is due on receipt. LW Haddow reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full.

You accept sole liability to make payment in full unless you disclose when initially instructing us to carry out work and/or supply materials that you are acting on behalf of a third party.

Invoices will be submitted to the Client after the work has been completed, and payment must be made on completion of the work, unless payment terms have been agreed in writing between both parties. Payment is usually required from the person who instructed the work and made the initial contact.

The methods of payment the Company accept are Cash, Card* or Bank Transfer** (BACS or CHAPS Payment), in person or over the phone. *Debit & Credit Cards may incur an administration fee of 3% of the balance due. ** Bank transfer must be made before employees of the Company leave the premises, and payment is available in the Company’s bank account. Cheques will be accepted in certain circumstances. Paying by Cheque may result in additional charges due to the bank processing fees.

The Company reserves the right to charge an administration fee of £40 for the late payment of any invoice. Late payment means more than 7 days after the date of the invoice. Any part of an invoice which remains unpaid shall carry interest at the rate of 8% over the base rate per day until payment is made.

If late payment reminder letters are to be sent out, the Company reserves the right to charge an administration fee of £25 per letter to cover the administration cost involved.

Unpaid Invoices may result in further action being taken to recover these debts, which will result in further costs being incurred.

Payments not received within thirty days from the date of invoice will pass to our debt-collecting agency or the Sheriff Court, who are authorised to pursue collection of the debt in accordance with Regulations in force at the time. This may result in a County Court Judgement (CCJ) being issued against the Client. There will be written notice prior to such action.

When required the Company and/or Client may use either an Alternative Dispute Resolution (ADR) Service or a Dispute Resolution Ombudsman for dispute resolution following any complaints or non-payment.

Title to any goods, supplied by the Company to the Client shall not pass to the Client but shall be retained by the Company until payment in full for such goods has been made by the Client to the Company. Until such time as title in such goods has passed to the Client:

(i) The Company shall have absolute authority to sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company;

(ii) the Company shall be entitled to seek a court injunction to prevent the Client from selling, transferring or otherwise disposing of such goods. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Client, and until such time as title in such goods has passed to the Client, the Client shall insure such goods to their replacement value, and the Client shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.

Tenants instructing work on behalf of their Landlord are required to pay the balance in full on completion of the work and are then classed in these terms as the Client. As they have instructed the work then they are also subject to the terms set out above regarding late payment and agree to these terms on behalf of their Landlord.

 

10 Timekeeping

Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.

We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.

 

11 Taking care of your property

We will take care and our best endeavours to protect your property from damage, using shoe protectors and dust sheets to prevent damage. We recognise that our work does generate dust and, if you have particular needs regarding dust for health, or property, these should be discussed with our team at the earliest possible opportunity. There may be odour relating to our work, especially when servicing solid fuel stoves, flues and oil boilers.

Any redecorating required as a result of works undertaken by the Company is the Client’s responsibility unless explicitly stated in writing. Where making good is required, the Company agrees to do so to maintain the integrity of the building fabric.

If, during the execution of the proposed works, it is necessary to gain access into floors below fitted carpets, these will be lifted by us and laid back on completion. No re-stretching or fixing has been allowed for unless specified.  For floors covered with thermoplastic tiles, vinyl sheet covering, cork tiles or laminate flooring, no allowance has been made for reinstatement unless specified.

During the execution of the proposed works, it may be necessary to isolate various water, gas & electrical services. This will be advised in good time, and the period of isolation will be as short as possible.

Whilst all holes formed during the execution of the proposed works will be made good on completion, no allowance has been made for reinstatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.

No allowance has been made for casing in of pipework or painting /decorating of the new works.

No allowance has been made for repairing decorations in areas that are outwith our scheduled working area, including access routes to the scheduled working area.

No allowance has been made for the removal or set aside of furniture, which is required to allow our Tradespersons access.

12 Cancellation

If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of office hours the day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.

If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.

 

13 Clients Liability & Responsibility

The Client shall be liable for

• Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Client’s obligations under these terms.
• Providing all necessary power, toilet facilities and a clean water supply for the Company’s use in the execution & duration of the contracted work.
• The safety of tools, plant and machinery belonging to or hired by the Company and to indemnify the Company against its loss, theft or damage whilst work is being carried out and stored at the Client’s premises.
• It has been assumed that unrestricted access to all relevant parts of the property will be afforded to us during the course of the works. Any delays caused by restricted access not notified at the time of survey may be subject to an extra charge and/or delay in completion.
• It is the responsibility of the Client to ensure that all children and pets are kept away from the areas in which we are working.
• If the proposed works are being carried out in a leasehold / rented property it is the sole responsibility of the Client to ensure that all necessary permissions have been obtained in writing from the landlords / managing agents. We accept no responsibility whatever for any works carried out without the necessary permissions.  We can furnish details of the proposed works if so required at possible additional cost.

 

14 Satisfaction

LW Haddow is committed to providing professional, top-quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.

15 Guarantee

For your peace of mind, we provide a 12 month guarantee on labour carried out by a LW Haddow tradesperson, regarding faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.

The guarantee will become null & void if the work/appliance completed/supplied by us is:

• Subject to misuse or negligence.
• Repaired, modified or tampered with by anyone other than a LW Haddow tradesperson. We will accept no liability for, or guarantee suitability, materials supplied by you and will accept no liability for any consequential damage or fault.
• We will not guarantee any work in respect of:
• Blockages in waste or drainage systems.
• Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.

Work is only guaranteed in respect of work directly undertaken by us and with full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.

Where we agree to carry out work on installations of inferior quality (or over 10 years old) no warranty is given in respect of such work, and we accept no liability in respect of the effectiveness of such work or otherwise.

Product warranties are provided in accordance with the manufacturer’s instructions, including servicing requirements.

 

16 Liability

We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.

We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.

We take the utmost care but do not take responsibility for the condition or performance of existing building infrastructure which may be affected by our work.

We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control, and we shall be entitled to reasonable time extensions.

You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by a LW Haddow tradesperson. Our tradespeople operate under their own individual Gas Safe Registration and, as such, are solely responsible for any gas-related work and subsequent liability.

 

17 Title to Goods

Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:

• Retake, sell or otherwise deal with or dispose of all or any part of these goods.
• Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
• Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.

The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.

 

18 General

These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.

Normal hours

• 08:00-16:30 Monday – Thursday
• 08:00-15:15 Friday

All calls, voicemails and text messages to and from the Company may be recorded, logged and stored.

Company operatives are not obliged to divulge their or any other mobile telephone numbers. These phones are for internal use only.

LW Haddow company tradespersons use branded vehicles, workwear with their name and carry identification cards.

Requests for work and appointments must be made through the scheduling team at the office. Appointments cannot be accepted by a tradesperson.

Where the involvement of an emergency service is necessary (i.e., Scotland Gas Networks, Scottish Water etc.), it may not be possible for the engineer to remain on site for their arrival. In such cases, it is the responsibility of the landlord/owner/tenant to allow access required by the service in question.

The Company will not be liable for any fracture found in frozen pipes attended by the Company. The Company cannot guarantee clearing blockages in a frozen pipe or drain.

The Company cannot provide an emergency service. We do provide an out-of-hours service to respond to call-outs for customer emergencies. The Company will use reasonable endeavours to send an engineer as soon as possible. The Company cannot guarantee the response time, including in relation to warranty issues.

In these terms words importing the masculine gender also included the neuter and feminine gender and words importing the singular number include also the plural number where the context so requires.

EC/UK employment laws, Health and Safety at Work Act and concomitant legislation supersede any offer or statement made with respect to any quote or invoice.

These terms and conditions, and all contracts awarded between us and you, shall be governed by Scottish law and the Scottish courts, or by the law and the courts governing where your property is if this is outside Scotland.

LW Haddow Plumbers Limited is Registered in Scotland No: SC256720

Our main trading address is: 26 Kinnoull Causeway, Perth PH2 8HQ

Our registered VAT number is: 415362962.