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 Customer, 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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