1. Understanding the terms & Conditions:
1.1 These Terms and conditions (“Terms and Conditions“) set out the terms on which J.E.Dean (Hazel grove) Ltd agree to provide heating and plumbing services and other related and ancillary services to you (“Services“) and the supply of materials and/or products (“Goods”) necessary to complete the Services. The Services may be either: (i) call out/ emergency services, where you require us to perform the Services immediately (“Emergency Services“); or (ii) scheduled services, where you require us to perform non-urgent Services and you pre-book an appointment for us to do so (“Scheduled Services“).
1.2 In these Terms and Conditions, when we refer to “we“, “us” or “our“, we mean J.E Dean (Hazel Grove) Ltd ; and when we refer to “you” or “your” we mean::
1.2.1 if you are a consumer, the individual using the Services for a purpose that is wholly or mainly outside of their trade, business, craft or profession (a “Consumer”); and
1.2.2 if you are not a Consumer: (i) the business that you have the authority to bind; or (ii) the individual using the Services for purposes that are not wholly or mainly outside of their trade, business, craft or profession (in each case a “Business“)
2. Quotations:
2.1 Quotations issued are a fixed cost (unforeseen circumstances exempt) include Labour, Materials and transport and are charged at the current VAT rate at the date of invoice.
2.2 Where a quotation is provided every effort will be made to supply the quantity, quality and description of the goods supplied and any specification for them shall be as set out in the quotation.
2.3 Quotations are valid for a period of 30 days from date of issue.
3. The Order Process
3.1 You can make an order for our Services either by email or by phone using the contact details set out in clause 10 to arrange a time for us to attend the premises at which you wish us to perform the Services (“Premises”).
3.2 These Terms and Conditions will be incorporated, together with any Verbal Estimate or Written Estimate (as defined below), into the contract between you and us in relation to the Services (in each case the “Contract”).
3.3 Where you require Emergency Services, they will be supplied at our charging rates for labour and Goods provided to you in accordance with clause 5.1.1 below. Once you have confirmed your acceptance of our charging rates, we will provide you with an anticipated arrival time at the Premises. The Contract will become binding on you and us once you accept the rates provided and agree to us attending the Premises.
3.4 If you have contacted us to request Emergency Services and it is not possible for the issue to be fully remedied immediately, you will be provided with the cost for the Services and any Goods by the engineer (a “Verbal Estimate”) on site in accordance with clause 5.1.2 along with a date and time for the Services to be provided. The Contract will become binding on you and us once you accept the Verbal Estimate with the engineer and make payment as required in clause 5.5.
3.5 Where you require Scheduled Services, we will confirm the date and time of an inspection of the Premises (“Inspection”). Following completion of the Inspection, we will provide you with a Written Estimate for the Services and any Goods by email (together with these Terms and Conditions) within a reasonable period following the Inspection (a “Written Estimate”). The Contract will become binding on you and us once you accept the Written Estimate either by signing the Written Estimate or confirming your acceptance of it verbally or in writing and you have paid 20% of the Charges as required under clause 5.
3.6 Verbal or Written Estimates (together “Estimates”) are subject to withdrawal at any time before a Contract is entered into and shall be deemed to be withdrawn unless the Services are completed within 30 days of the date of the Estimate.
4. Cancelling your Order
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a legal right to change your mind and cancel the Contract within 14 days of entering into it, without giving a reason. This right is explained in more detail below. Please note that the right to change your mind does not apply to any Emergency Services you purchase from us.
4.2 The cancellation period will expire 14 days from the day on which the Contract becomes binding (as described in clause 3).
4.3 If you would like us to commence the provision of any Services and Goods during this cancellation period you must expressly request that we do so.
4.4 To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our office, whose contact details can be found in clause 10.
4.5 Where appointments are cancelled with less that 24hours notice or if we arrive at an appointment (as agreed) and are unable to access the property then an aborted call-out fee may be charged. This will be at the discretion of us and will be charged (at minimum) half of our hourly rate or (at maximum) the current call-out fee. All rates are non-negotiable and we charge you for the following:
4.5.1 any additional costs reasonably incurred by us as a result of the appointment being rearranged; and
4.5.2 in the case of cancellation, for the cost of any Goods purchased specifically to undertake the Services to be provided to you that cannot be returned to their supplier with a full refund of their purchase price.
4.5.3 Where Goods purchased can be returned to their supplier, the cost of any returns fee levied by the supplier/s and our time (including travel time) in returning the Goods will be payable by you
5. Charges and payment
5.1 The cost of the Services and Goods (the “Charges“) will be as follows:
The Client shall only be charged for the time spent relating to the clients work. All rates are non-negotiable.
5.1.1 For Call out and emergency services, the Charges will be calculated by reference to the total of the time spent completing the Services by our engineer including all reasonable time spent in sourcing and obtaining non-stocked Goods which shall not be more than the hourly rate advised to you on booking the Services (excluding any time spent on lunch or rest breaks) together with the cost of any Goods provided by us to complete the Services not exceeding the trade purchase price plus a maximum of 45% of their cost excluding VAT. The time taken to collect non-stocked Goods will be kept as short as is reasonably practicable and should not ordinarily exceed 1 hour. In the event this time is likely to exceed 1 hour, we will advise you of the reason for this before departure. The first hour at the Premises will be a minimum charge and any time thereafter is charged in 30-minute intervals rounded to the closet 30-minute period;
5.1.2 For Scheduled Services where a Verbal Estimate has been given prior to the provision of the Services, save in the case of manifest errors, the Charges will not exceed the Verbal Estimate by more than 10%; or
5.1.3 For Scheduled Services where a Written Estimate has been provided to you by us, save in the case of an increase in the price of Goods occurring prior to the Services being undertaken, the Charges will not exceed the Written Estimate by more than 20%.
5.2 It might be the case that, following the commencement of the Services, we discover that either: (i) additional Services beyond those included in any Estimate are required; and/or (ii) additional Goods are required in order to complete the relevant Services; or (iii) you instruct us to carry out additional Services or supply additional Goods. In these circumstances, we will obtain your consent before incurring such additional charges and, if you do not give your consent, we shall be entitled to terminate the Services immediately and you will only be required to pay the Charges in respect of the Services delivered and Goods supplied up to the date of termination.
5.3 The Charges will be subject to VAT or other similar sales, turnover or consumption taxes at the prevailing rate at the time of the supply of the Services and Goods.
5.4 Payment of the Charges for Call out Services may at our discretion be required in full before the Services are provided. If payment is not made in full in advance, payment for the Charges must be made in full on completion of the Services.
5.5 Where a Verbal Estimate has been provided, payment of the Charges must be made, at our discretion, either in full prior to the Services being supplied being undertaken and/or Goods being supplied, or by payment of a deposit of 20% of the Charges on making the Contract and payment of the balance of the Charges (including any additional amounts in accordance with clause 5.2) in full on completion of the Services.
5.6 Where a Written Estimate has been provided, a deposit payment of 20% of the Charges must be made on making the Contract unless agreed with us. The payment of the balance of the Charges (including any additional amounts in accordance with clause 4.2) must be made in full on completion of the Services.
5.7 Notwithstanding clauses 5.5 and 5.6, where the value of an Estimate provided exceeds £20,000 excluding VAT, we may require you to pay for the Charges in instalments to include VAT commencing with a payment of 20% on making the Contract followed by payments which will be invoiced not less than on a weekly basis as the provision of the Services and supply of the Goods progresses with the balance of the Charges (including any additional amounts in accordance with clause 5.2) to be paid in full on completion of the Services. Invoices for interim payments will be due for payment immediately upon receipt.
5.8 Payments must be made by bank transfer, cheque or credit card. Where payment is made by bank transfer a method that provides instant transfer must be used. Particulars of the account to which bank transfers should be made can be obtained by contacting us using the details in clause 10.
5.9 You shall pay all amounts due under the Contract in full without any deduction or withholding except as required or permitted by law.
5.10 Unless you expressly state at the time of entering into the Contract that you are acting on behalf of a third party, you will be responsible for making payment to us for the Services and Goods in accordance with this clause 5.
5.11 If you are a Business, we may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5.12 In the event payment for the Services is not paid in accordance with this clause 5, we reserve the right to charge interest on the outstanding amounts at the rate of 5% over the base lending rate of the Bank of England from the due date of payment until payment is made in full before or after judgement.
5.13 The customer is not entitled to withhold payment in full by reason of minor defects which can be remedied under a snagging procedure. We will rectify these within a reasonable time of notification taking into account the obtaining of any necessary replacement parts. This does not affect your statutory rights.
6. Our Obligations
6.1 We shall provide the Services with reasonable care and skill. All Goods will be of satisfactory quality, fit for their purpose and as described.
6.2 If you are a Business and on completion of the Services you are not satisfied with the workmanship, you must provide us with written notice of the reason for this within 12 months of completion of the Services to the contact details set out in clause 9 and must allow us, and our insurers, the opportunity to both inspect the Services supplied by us, and, if required, carry out remedial work as appropriate. If you fail to notify us of any defect in the workmanship or refuse to permit an inspection, we will not be liable in respect of any defects in the Services.
6.3 Subject to the conditions set out in this clause 6, a 12-month guarantee is given in respect of faulty workmanship in the Services from the date of completion. The guarantee will not be valid if the work undertaken by us has been:
6.3.1 subject to any misuse or negligent treatment by you or a third party; or
6.3.2 repaired, modified, altered, adjusted or tampered with by any party other than us.
6.4 This guarantee is in addition to any manufacturer’s guarantee provided in respect of Goods supplied and used in the Services which shall be subject to its individual terms. If you are a Consumer, this guarantee does not affect your statutory rights referred to in clause 3.3
6.5 We will not accept any liability whatsoever for any materials or products supplied by you including, but not limited to, the suitability of such materials or products for the Services. We reserve the right to charge for any added time incurred at our standard hourly rate.
6.6 No guarantee will be provided in relation to the following circumstances:
6.6.1 In respect of blockages in waste or drainage systems;
6.6.2 Where the Services have not been directly undertaken by us;
6.6.3 Where payment in full has not been received;
6.6.4 Where Services were completed on your instruction but against our written or verbal advice;
6.6.5 Where the fault arises because you elected not to have Services recommended by us in writing or verbally undertaken; and
6.6.6 Where the Services have been performed on installations or appliances in poor condition and/or over 10 years old.
6.7 We shall begin the provision of the Scheduled Services on or around the date communicated in any Estimate. Whilst we shall take reasonable care and skill when specifying the date for the commencement of the Services, this date is an estimate only.
6.8 We shall carry out Emergency services and Scheduled Services in such hours between our normal working hours of 07:45 to 16:30 (Monday – Thursday) 07.45- 13.30 (Friday) as we shall designate provided that, where agreed between you and us and/or in the case of Emergency Services, we may agree to perform the Services outside of working hours.
6.9 We cannot guarantee to clear blockages occurring in a frozen pipe or drain, and we will not be liable for any fractured or frozen pipes or for any damage to any property resulting directly from such fractured or frozen pipes, except where such damage is solely and directly caused by our defective workmanship in the provision of the Services.
6.10 We do not give any guarantee as to how quickly the Services will be completed. With certain Services, for example but not limited to, either an electrical fault or a blocked pipe, it may be necessary for a number of tests to be carried out to identify the exact location of the fault and whilst these will be completed as soon as reasonably practicable by their nature it is not known which test, if any, will yield results
6.11 All materials supplied and installed will remain the property of us until payment is received in full for the agreed sum or money charged for works undertaken.
6.12 Work is guaranteed only in respect of work directly undertaken by us and payment in full has been made. Any non-related faults arising from recommended work which has not be undertaken by us will not be guaranteed.
6.13 We shall not be held responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
6.14 When carrying out installation, repairs or maintenance to existing equipment, pipework, valves or sanitaryware (including ancillary items) we shall check the item in question before works and will not be held responsible for any unintentional damage, including cracking as a result of our works if the works have not been previously guaranteed by us.
6.15 Where we agree to carry out works we cannot take responsibility for your existing Heating System and Pipework and accepts no liability in respect of the effectiveness of such works or otherwise.
6.16 We shall only be liable for rectifying works completed by us and shall not be held responsible for ensuring damage or claims resulting in this or other works overlooked, or subsequently requested and not undertaken at that time.
6.17 Although we accept employer’s liability for its employees and for sub-contractors, the customer is under a duty as owner or occupier of the site to take reasonable steps to ensure the ordinary safety and security of the site and to advise us of any circumstance which might affect Health & Safety. A copy of our Health & Safety Policy can be provided on request.
6.18 We will ensure the area of work is left in a safe and reasonably clean and tidy condition on a daily basis.
6.19 All guarantees will be registered on the client’s behalf once payment is received in full for the parts and materials used.
7. Your Obligations
7.1 Your obligation is to:
7.1.1 give us safe and unobstructed access to the Premises for the purposes of carrying out the Services and any other of our obligations under the Contract;
7.1.2 provide our personnel with adequate safe working space and facilities and clear access to the site to enable us to carry out the Services;
7.1.3 provide, if reasonably possible, and applicable, the plan showing Heating and plumbing layouts or electrical wiring (as appropriate) of the Premises;
7.1.4 provide all necessary power and a clean water supply from the mains or fire hydrant to enable us to carry out the Services;
7.1.5 prior to the commencement of the Services or on Inspection if applicable, advise us if the Premises is a listed building;
7.1.6 unless agreed otherwise by us in advance, where Scheduled Services are to be carried out provide us with nearby free of charge parking facilities including, if applicable, a permit to enable parking at that location;
7.1.7 at your own expense obtain prior to the commencement of the Services all necessary consents for carrying out the Services, including (without limitation) building regulation and planning consents, listed building consent, consents from landlords, the property owner, neighbours and mortgagees, including consents (where necessary for the completion of the Services) for our representatives to cross third party land and upon request produce evidence of such consents to us; and
7.1.8 prior to the commencement of the Services inform us of all dangerous gases, liquids and any other materials of any nature whatsoever which are present on the Premises and which could constitute a danger to us in carrying out the Services or otherwise in order that we may carry out a risk assessment in respect of the same.
7.15 If you do not comply with your obligations under clause 1 above to enable us to perform the Services as arranged, we may charge you for any additional costs reasonably incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Premises we may terminate the Contract in accordance with clause 7.1.1 and clause 7.2 will apply.
7.16 If we are to provide Goods to you as part of the Services, you will become responsible for these at the time we deliver them to the Premises or other delivery point we have agreed (whether or not installed), except as regards loss or damage caused by our breach of these Terms and Conditions or our negligence. You must insure any Goods that have been delivered to you at their replacement value and, if requested, produce proof of insurance to us. You will only own the Goods when we have received payment for them in full and if damage occurs to any Goods delivered to the Premises or any other agreed delivery point, prior to payment being received, you will be responsible for the repair or replacement costs.
7.17 If any Gas Warning Notice is issued to you by us in respect of any hazardous situation under or in relation to the Gas Safety (Installation and Use) Regulations 1998, you will be solely responsible for ensuring that any action(s) required to remedy the defects or other issues identified in the Gas Warning Notice is/are taken promptly.
8. Termination
8.1 We may terminate the contract:
8.1.1 with immediate effect if you breach the Contract and that breach has a material effect on our ability to perform the Services and, where it is possible to remedy the breach, you do not remedy the breach within such reasonable period of time as we may notify to you; or
8.1.2 in accordance with clause 3 above or clause 9.4 below.
8.2 If we terminate the Contract in the situations set out in clause 1 we will refund any proportion of the Charges you have paid in advance for Services we have not performed and/or Goods not supplied.
8.3 On expiry or termination of the Contract for any reason you shall immediately pay to us all outstanding and unpaid Charges
9. Liability
9.1 Nothing in these Terms and Conditions excludes or limits either our or your liability for:
9.1.1 death or personal injury caused by our/your (as applicable) negligence;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 any matter in respect of which it would be unlawful for us/you (as applicable) to exclude or restrict liability.
9.2 If you are a Consumer:
9.2.1 and we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence but, subject to clause 1, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was reasonably contemplated by you and us at the time that the Contract became binding on you and us;
9.2.2 we will not be liable to you in respect of any damage, loss, costs or claims which arise because you have not agreed to recommended Services being carried out and/or recommended Goods being supplied and installed by us; and
9.2.3 nothing in these Terms and Conditions affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. For example, the Consumer Rights Act 2015 states that Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following: (a) up to 30 days from delivery, if the Goods are faulty, then you can get an immediate refund; (b) if the Goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases, if the Goods do not last a reasonable length of time you can ask us to repeat or fix the Services if not carried out with reasonable care and skill or receive a refund if we cannot remedy the defect. If you believe Goods are faulty or misdescribed and wish to return them, you must permit us to inspect the Goods before taking any further action and must not uninstall such Goods prior to the inspection. If we agree the Goods are faulty or misdescribed following inspection we will at our option either collect those Goods or pay the costs of return.
9.3 If you are a Business (subject to clause 1):
9.3.1 these Terms and Conditions are in place of all warranties, representations, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) relating to the Contract and/or the Services, all of which are hereby excluded by us to the maximum extent permitted by law;
9.3.2 we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions or the Contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;
9.3.3 our total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions or any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of a) £500 or b) the total Charges payable; and
9.3.4 you shall indemnify us and keep us indemnified against any and all losses, expenses and liabilities resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, agents, employees or affiliates which arise out of: (i) your breach of these Terms and Conditions; and/or (ii) any third party claims made against us arising out of the provision of the Services to you and/or our presence at the Premises other than due to our breach of these Terms and Conditions or our negligence.
9.4 If our performance of the Services is delayed or otherwise hindered by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or hindrance. Provided we do this we will not be liable for delays or non-performance caused by the event and will be allowed additional time in which to undertake the Services. However, if there is a risk of substantial delay or hindrance to the Services, either of us may contact the other to end the Contract. In this case, you will only be required to pay the Charges in respect of the Services delivered or Goods supplied up to the date of termination.
9.5 We will not be liable in any way if any scaffolding required to perform the Services is not erected or removed within any timescale indicated before or after the completion of the Services
10. Contacting Us
10.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the following details:
Address: J.E.Dean (Hazel Grove) Ltd. 15 Napier Street, Hazel Grove. Stockport. SK7 4EW
Email address: info@jedean.co.uk Telephone: 0161 483 5110
Terms and Conditions last updated January 2024
