Terms & Conditions

NPHS

Standard Terms & Conditions: National Plumbing And Heating Services Ltd

*We National Plumbing and Heating Services Ltd (NPHS Ltd) reserve the right to pass on to our customer’s appropriate credit card transaction charges.

By agreeing to this document, both parties agree to neutral arbitration as detailed below or ultimately to be bound by English law and further agree to resolve any dispute using the laws of England. Unless otherwise agreed in writing or within the context of this document, both parties agree to resolve any and all disputes in the High Courts of London. This document over-rides and over-rules all other contracts, schedule of works, JCT’s, tenders or other documentation.
1:0 Payment Schedules
1.1 Deposits: Deposits to us are non refundable.
1.2 Staged Payments: Staged payments are required at agreed milestones throughout the project or at monthly valuations to ensure the positive cash flow for us.

A minimum of a 40% deposit is required when a quote has been accepted and an order placed by the customer. 40% will be paid upon completion of first fix and the balance upon completion.

Change of works will always fall due and are payable in full at the next stage payment or valuation. If payments are not made in cleared funds by the agreed dates or project stages, we reserve the right to stop work immediately until payments have been made. A late payment charge of 5% of the outstanding payments will be levied for each late payment.
1.3 This document overrides and supersedes all other documents and contracts.
1.4 Once agreed, the payment schedule is not subject to interpretation by any third party forum and both parties agree to be legally bound by it.
1.5 Irrespective of any other considerations, our standard Terms and Conditions are not governed or over ridable by any other consideration, without the mutually written consent of both parties.
1.6 Completion Payments: When the contracted work has been completed, the final payment is due immediately for all charges described below:-
1.7 We reserve the right to charge for all changes of works, materials, labour, travel, and out of pockets expenses, loss of earnings caused by design or any other issues affecting any project that we have any involvement in. This may also included any costs associated with that contract or client, or any professional fees associated with the project or client.
1.8 Administration & interest payments charges for late invoice payments: We reserve the right to charge our standard administration charge of £180.00 for late payment our invoices. We remind clients that payment is cleared funds in our bank account, clients paying by cheque should there for allow themselves the appropriate time for postage and cheque clearance. We reserve the right to charge an additional charge of £175 per hour for reasonable time spent in the administration of late payments. We also reserve the right to charge interest at a reasonable rate of 7.5% above bank of England base rate for the whole invoice value plus administration charges and any associated professional or legal fees or other expenses incurred relating to late invoice payments or any other costs associated with that project, client or client’s agent.

Payment Terms On Receipt of Invoice. In the event of non-payment the fees from the Company’s Collection Agency, of 17.5% will be added to the original invoice amount.
1.9 Right of Termination/Cancellation Notice of termination of any contract shall be provided formally in writing by the person or agent who contracted us for the original contract. No other form of contract termination will be acknowledged. Any and all costs become due to us immediately thereafter.
1.10 Late cancellation charge if a contract, order or part of it is cancelled with less than seven working days notice we reserve the right to charge for all travel, out of pocket expenses and material expenses, restocking charges and 25% of total contract price to cover management costs.
1.11 Although we will make reasonable efforts to protect a customer’s property or site, we will not be held responsible for minor damage, dust and disruption during any contracted works.
1.12 Supply of materials, sub-contractors, access and other delays we will always make every effort to assist in completing works on site. If we are not managing every aspect of the project we will not be held responsible for delays caused by: Delay of materials supplied by client or other contractors: Delays for re-working: :Delays regarding planning, building control, housing standards, environmental health, conservation department, design, or party walls: Delays caused by any contractor or agent employed directly or in directly by the client : Delays caused by any issues regarding access , unavailability of keys, or key holders, or any purchase or legal delays : Delays due to lack of, amenities, water, electric, gas or any other issue outside our control. Drying times: In vacant properties or periods of cold and damp NPHS Ltd Will advise if a de-humidifier or heater is required there will be a weekly hire charge for each item required, or you may arrange these items if preferred.
1.13 We may elect to levy a charge for any losses incurred by us as a result of any of the above or any other genuine delay. Our delay charges will be charged at our net cost plus 75%. Design and stand down charges, should we be forced to stop work or stand down due to issues with design, design changes, poor design surveys or clients personal issues we will charge a standing down charge. This will be charged at our net costs plus 75%, or £1500.00 whichever is greater.
1.14 Sales &Marketing We reserve the right to photograph or film our work for reference and sales and marketing purposes, these imagines may be displayed on line of in our literature.
1.15 Site Attendance’s (By Main Contractor)
All protective hoarding, mechanical hoisting facilities and scaffold to be fully compliant with current safety legislation.
Welfare facilities on site to be available for our operatives.
Provide free electrical power (110 volts 15 amp) within a distance not exceeding 50 feet from each working force (if 240 volts only available, then a transformer to reduce to 110 volts must be provided)
Suitable and secure storage area to be available with site waste disposal facilities.
Unobstructed and constant access to our working positions all in accordance with HSE guidelines, we reserve the right to abort a visit should site conditions be deemed not suitable in any way that may cause risk to operatives under our supervision.
All procurement and installation dates to be agreed.
Use of Cranes, Unloading, Hoisting and distribution of our materials to working area / level.
Skips.
Our offer is based upon normal working hours, with uninterrupted access at all times.
The quotation is offered on the basis that the sub-contract will be executed under an un-amended form of contract.
This offer is made without engagement and any resulting order requires our acceptance in writing in order to make it a contract.
At this stage our offer excludes the provision of any bond or Warranty.
Should the Sub-contract programme be extended over and above the fixed price then this could incur extra costs.
Those who design works executed by others require Professional Indemnity insurance. We are NOT covered by Professional indemnity.
Emergency and short notice Day work rates (less than 48hrs)
To be calculated as follows: Labour: Cost + 75% Materials : Cost + 25% Plant : Cost + 20%
1.16 Primary Terms
All orders placed with us may be subject to the client having valid credit references.
Our offer will remain firm for period of 90 days from date of quotation.
Title of material and goods remains strictly with us until full payment has been received for all works and materials connected with that client or contract.
We will accept no responsibility, unless specifically agreed in writing, for interfacing systems, goods, materials which are not included within the scope of the order or quotation.
We reserve the right to have reasonable opportunity to remedy any remedial work which may be deemed as incorrect, without incurring financial penalty or withholding of any payment.
NPHS Ltd will suffer no financial loss due to unforeseen circumstances. Acts of God, aircraft damage, storm damages, flood damage, fire damage or other acts of God to part completed works will still require payment up to the completed stages and part completed stages and a cancellation fee will be applicable. Building Solutions will not be responsible for costs incurred due to un mapped or hidden services damages to drains, gas, water or electric services.
1.17 Structural repairs when conducting site surveys and structural repairs we take no responsibility for any other part of the fabric of the building other than the specific part that we have quoted to repair. If we feel that the building is in a dangerous condition we reserve the rights to contact the local authority dangerous structures department or other third parties as we see fit. If there is an immediate danger of collapse we may elect to take emergency action if we cannot contact the freeholder, lease holder, their agent or representative direct and this will incur additional charges.
1.18 Short notice, Emergency works and bank holidays and Project management times we reserve the right to charge for works carried out for immediate safety, commercial, or personal reasons. We reserve the right to charge for these works at net cost plus 75% per day or half day. We may elect to charge for time consumed by clients in response to telephone calls or e-mails. Individual clients that consume more than 120mins per week. Will be charged for the additional time at £75.00 per hour thereafter in 15min intervals. A charge at £75 per hour will be levelled for time consumed for travel and meeting times for unforeseen change of works and unquoted items.
2.1Dispute Resolution In the event of a difference of opinion or irreconcilable dispute, both parties agree to resolve the dispute by lawful legal neutral arbitration. The costs of such arbitration to be borne by the failing party: Both parties agree to be legally bound and further agree to be bound by the judgment of the neutral arbitration board.
2.2 Excluded from this quotation: Decorative finishing. Re-positioning of incoming water mains, gas mains, electric mains, computing, telephony or any other services. This quote excludes the cost of Building control site visits. This quote excludes any fee’s payable for design work, planning, professional fees, or any other disbursements. We always make every effort to include all items, if there is any item you feel we may have omitted or any additional item we request that you inform us in writing a minimum of 7 days prior to design or site works commencing.
2.3 Planning, building control, design, project, conservation, grant and customer meeting we retain the rights to charge for a reasonable amount of time and expenses incurred for additional or unforeseen meetings held in relation to clients or their projects. Charged at a rate of £75 per hour plus VAT.
2.4 Salvage rights we retain the rights to dispose of any or all materials related to the property or contract, unless the client has given us written notice that they will retain the salvage prior to work commencing.
2.5 Drawing, data, and customer information we will not be held responsible for control of drawing and drawing updates and issues. We ask that all information passed to us by a client or their agent or representative be copied and retained by the client or their agent or representative.
2.6 Faulty materials and goods, we remind our clients that if our installation of goods or materials is correct it is their responsibility to contact the manufactures direct to discuss any issues arising from faulty materials or goods they have supplied and we will charge a reasonable amount for time and expenses consumed liaising with suppliers and manufactures.
2.7 Electrical works to properties The supply and installation of the electrical work assumes that the existing installation is satisfactory and up to current relevant regulations. If however on inspection of the existing system of wiring it is found to be deficient in any way the client may be required to upgrade the system to current regulations at their cost.
2.8 Original Documentation and certificates we are not responsible for the hand delivery or replacement of lost or damaged certification and documentation. We make every effort to leave certificates and documentation with clients but we do not send documentation by recorded delivery if clients require their certificates or documentation by recorded delivery we charge £10 per item or batch sent.
2.9 Post project documents Please be aware that during periods of high demand it can take up to 28 days for post project documentation to be prepared.
3.1Planning, Building Regulation Control, Conservation, CDM regulations, waste carry licenses Boundary and Party wall agreements We remind our clients it is ultimately the freeholders or leaseholders responsibility to ensure all the correct permissions are in place, prior to works commencing. If you require advice as to the basic legal requirements we can offer our advice. We will not be held accountable for illegal developments or works carried out without building regulation approval. It is the responsibility of the client to obtain all the correct permissions including, party wall/boundary agreements and advice on C.D.M regulations. This includes the need for part “L” thermal element of building regulations, this element covers all walls, floors and roofs that are in direct contact with the external air or ground. These regulations can often be costly and some consider onerous. They can often come into play once agreed works has commenced. We remind clients that they should confirm if each or any item or alteration triggers a building notice to their local authority. We would be pleased to carry out these checks if a client confirms their wishes for us to do so in writing and we may elect to charge a reasonable rate for management time consumed in this process.
3.2 Change of works During any project design or build phases we may advise of additional unforeseen costs or costs and charges incurred as a result of changes requested by the client, their agents or representatives. To keep to the agreed payment schedule we will require payment for all Change of works at the next stage payment or within 24hrs dependant on contract value and change of works value. This will be agreed when the change of works is agreed. We reserve the right to alter and amend payment schedules that will be affected by change of works. We may elect to invoice for part payment of the complete contract value or part of pre agreed stage payments. Changes of works can also affect our project schedule and we reserve the right to charge for loss of earnings caused by changes to works at our net costs plus 75%.
3.3 Retention of title
i. Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions the property in the goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of
both:
a) The price of the goods and services and
b) The price of all other goods and services agreed to be sold by the Company to the Customer for which payment is then due.
ii. Until such time as title in the goods has passed to the Customer:
a) The Company shall have absolute authority to retake, remove, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in the Company;
b) For the purpose specified in (a) above, the Company or any of its agents or authorised representatives
shall be entitled at any time and without notice to enter upon any premises in which the goods or any
part thereof is stored or kept or is reasonably believed so to be;
c) The Company shall be entitled to seek a Court Injunction to prevent the Customer from selling,
transferring or otherwise disposing of the goods
d) The Customer shall store or otherwise denote the goods in respect of which property remains with the
Company in such a way that the same can be recognised as the property of the Company.
iii. The Customer’s right to use the goods or to resell them prior to full payment may be terminated forthwith by written
notice given by the Company to the Customer and shall automatically terminate with or without such notice if the
Customer being an individual becomes bankrupt or insolvent or has an Interim Order made in respect of him or
compounds with his creditors or calls any meeting of his creditors for the purpose of approving a Voluntary
Arrangement or being a company has a winding up petition presented by any creditor or calls a meeting of creditors for
the purposes of approving a Voluntary Arrangement or appointing a Liquidator, becomes insolvent or has a Receiver
or Administrator appointed.
3.4 Rights to festoon We reserve the rights to festoon any site or property with a reasonable level of signage or liveriage for the purpose of temporary advertising of NPHS Ltd, our sub-contractors, trade bodies or affiliated trades or professions. This is to be contained to one sign not to exceed 3mtrs x 3mtrs for single domestic properties or scaffolding banners not to exceed 2mtrs x 6mtrs.
3.5 Retention of project drawings and documentation We will not hold client’s drawings or other documentation unless we have been retained by the client. All drawings and documentation given to NPHS Ltd or its representatives will not be returned unless agreed prior in writing.
3.6 VAT VAT will be charged at the current rate at time of invoice.
3.7 Composite pricing Please be advised that the price in this quotation is based on all of the items being accepted. This represents a composite price based on the amount of work and the time that will be consumed providing these works.

 

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