TERMS & CONDITIONS
Application
These Conditions apply to the Contract/ accepted quotation between Shears plumbing heating & gas Ltd (‘us/we/our’) to you as a Consumer (‘you’). No other terms and conditions will apply.
Information
We are required by the Regulations (as defined below) to ensure that certain information is given or made available to you as a Consumer. Please therefore read these terms carefully. These terms tell you who we are, how we will provide services to you, how you and we may change or end the Contract/ quotation and what to do if there is a problem.
Interpretation
Approved Engineer: means a qualified person approved and instructed by us to undertake the Services where appropriate.
Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
Business: means any business, trade, craft, or profession carried on by you or any other person/organisation.
Boiler: means your domestic gas central heating boiler.
Consumer: means a consumer as defined in the Consumer Rights Act 2015. In relation to these Conditions, it means you as our customer who is an individual and who receives the Services for purposes wholly or mainly outside the purposes of any Business.
Charges: the charges payable by you for the supply of the Services by us, as set out in the quotation Particulars or any revised charges notified to you following your request for additional Add-on Cover.
Commencement Date: has the meaning given to it in clause 1 of these Conditions.
Conditions: these terms and conditions
Contract/ quotation: the agreement between you and us for the supply of the Services in accordance with the Contract/ accepted quotation Particulars Details, these Conditions, and the relevant Schedule.
Exclusions/ not included: means any circumstances where we will not provide items or services.
Gas Fire means your domestic gas fire.
Heating System means the appliances and conduits forming part of your central heating system (from the gas supply isolating cock located at your Boiler) including water pump; motorised valves; thermostat; time temperature and pressure controls; radiator valves, pipework, feed; and expansion tank and primary fluing; but not including your Boiler.
Property: means the location of where the Services are to be carried out.
Plumbing System means the following appliances and conduits inside your Property:
Regulations: mean The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Repair Service means the repair services to the Serviced Equipment because of a fault reported by you to us.
Services: collectively, the services, as listed in the Schedule/ quotation agreed to be provided by us.
Serviced Equipment: the equipment to which the Services relate as per your chosen.
Schedule: means the schedule of time and order the work will be completed.
Substantial Works: means works which are required to gain access to your Plumbing System which are likely to involve more than 2 hours labour.
Visit means the visit made to the Property because of a request by you to carry out the Services.
Your Obligations as the customer – Please read carefully.
7. General Exclusions to quoted works.
7.2 We shall take reasonable care to carry out any work, without causing unnecessary damage but where it is necessary to lift carpets and/or flooring or gain access to pipes by making holes we may do so. We shall not be responsible for replacing or repairing any wall surfaces or redecoration and/or painting (unless stated otherwise in the quotation).
8. Sub-Contracting
8.1 We may sub-contract any or all the Services provided.
8.2 Where we sub-contract any or all the Services, we shall ensure that all sub-contractors are reasonably skilled in the relevant practices. We may not pass on to you any additional charges we incur using any sub-contractors.
9. Termination
You have the right to cancel any arranged and accepted works prior to any work taking place. If materials have been ordered prior to the job that cannot be returned you may be liable for costs incurred to the company.
10. Liability and Consumer Rights
10.1 In the event of any fault or defect arising in the Services, we shall have the right to remedy such fault where possible by re-supplying the Service. In the event that you do not advise us of any defect or fault in the Services within 30 days after completion of the Services, you shall be deemed to have accepted the Services or part thereof.
10.2 We will be responsible for any direct foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you . We will not be responsible for any loss or damage that is not foreseeable.
10.3 We provide Services to you only for your personal and private use/purposes. We make no warranty or representation that parts, the Services, or materials that we provide to you are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.4 Nothing in these Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
10.5 Furthermore, If you are a Consumer, either as defined by the Consumer Rights Act 2015 or for the purposes of any other consumer protection legislation, nothing in these Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Consumer Rights Act 2015, the Regulations, or any other applicable consumer protection legislation, as that legislation is amended from time to time. All such duties, obligations, rights, remedies and liabilities under such legislation are in addition to those under these Conditions.
10.6 For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Data Protection
We will only share your personal information with other bodies when doing so is essential for the completion of the Services. This may include informing our Approved Engineers or subcontractors of your name and address and the repairs required. Your personal data will be used to manage your Contract/ accepted quotation and to protect your health and safety or as part as our regulatory or legal requirements.
12. How apply for rectification or repair work?
You must telephone one of our office numbers, if you are unable to reach us straight away please leave a voicemail as digital proof of the phone call. We shall then appoint an Approved tradesperson to visit your Property. We shall have reasonable discretion as to when and how the Services are undertaken.
13. Force Majeure
Neither we nor you (“first party”) will be liable to the other for any failure or delay in performing obligations where the failure or delay is due to a cause beyond the first party’s reasonable control (“Force Majeure”). In that case the failure or delay will not be a failure or delay contrary to these Conditions.
14. Communications
All notices or other communications from you or us under these Conditions must be in writing.
15. No Waiver
No failure or delay by us or you in exercising any rights under these Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Conditions means that we or you will waive any subsequent breach of the same or any other provision.
16. Severance
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
17. Law and Jurisdiction
17.1 These Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with English Law.
17.2 Any dispute, controversy, proceedings or claim between you and us relating to these Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Works Hazardous to Health
We will not be obliged to undertake any repairs to your Plumbing System where there is a risk of an Approved Engineer coming into contact with hazardous materials (eg. asbestos) or where there is a health and safety risk. We will only commence a repair when we are satisfied that you have taken action to remove the risk to our Approved Engineer.
Who we are and how to contact us.
Shears plumbing heating & gas ltd
17 Peel close, Drayton Bassett, Tamworth, B783UE
01827 767212
07548813110
The business always endeavours to provide the best service for every customer. However, on rare occasions, there may be times where a customer may not be completely satisfied. To ensure the business is able to put things right as soon as possible, please read our complaints procedure below. The business will then be able to respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out based on the contract terms and the high standards the business aims to achieve. In the unlikely event there is anything you are not completely satisfied with, please contact the business as soon so the problems can be rectified as soon as possible.
Either call, email or write* to us. The business aims to respond within 5 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where the business is unable to resolve your complaint using the business complaints procedure, as a Which? Trusted Trader the business uses the Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that the business cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0117 456 6031
*please request proof of receipt if posting