Terms & conditions

 

 

Thank you for choosing our company. If you have any questions regarding this policy, please do not hesitate to contact us at customer@guardsmanheating.com

 

1.    UNDERSTANDING THESE TERMS AND CONDITIONS

1.1 These Terms and conditions (“Terms and Conditions“) set out the terms on which we agree to provide plumbing, heating, drainage, installations, electrical, carpentry, appliance installation, or building 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) 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 Services are provided and Goods supplied by either Guardsman Heating & Plumbing Services. In these Terms and Conditions, “Guardsman” refers to Guardsman Heating & Plumbing Services, where it is undertaking the Services and supplying the Goods on its own account, or has allocated the provision of the Services and Goods (if any). The name and details of the company providing the Services and any Goods and with whom the Contract (as defined below) is with can be identified from the invoice you receive and the copy of these Terms and Conditions provided with it which include the company details.

 

1.3 In these Terms and Conditions, when we refer to “we“, “us” or “our“, we mean Guardsman Heating & Plumbing Services; and when we refer to “you” or “your” we mean:

 

1.3.1     you are a consumer, the individual using the Services for a purpose that is wholly or mainly outside of their trade, business, or profession (a “Consumer”); and

 

1.3.2     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, or profession (in each case a “Business“).

 

2      The Order Process

 

2.1 You can make an order for Services either by email or by phone using the contact details set out to arrange a time for us to attend the premises at which you wish us to perform the Services (“Premises”).

 

2.2 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”).

 

2.3 Where you require Emergency Services, they will be supplied at our charging rates for labour and Goods provided to you in accordance with clause 3.1.1 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.

 

2.4 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 3.1.2 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 3.5.

 

2.5 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 50% of the Charges as required under clause 6.

 

2.6 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.

 

3      Charges and payment

 

3.1 The cost of the Services and Goods (the “Charges“) will be as follows:

 

3.1.1     For 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 25% 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 45 minutes. In the event this time is likely to exceed 45 minutes, 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 15-minute intervals rounded to the closet 15-minute period;

 

3.1.2     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 30%; or

 

3.1.3     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 25%.

 

3.1.4     Where a detailed insurance report is required whether in addition to the Written Estimate and invoice or otherwise, this will incur a charge of £250; and

 

3.2 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.

 

3.3 Payment of the Charges for Emergency 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.

 

3.4 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 50% of the Charges on making the Contract and payment of the balance of the Charges (including any additional amounts in accordance with clause 3.2) in full on completion of the Services.

 

3.5 Where a Written Estimate has been provided, payment of 50% of the Charges must be made on making the Contract and payment of the balance of the Charges (including any additional amounts in accordance with clause 3.2) must be made in full on completion of the Services.

 

3.6 Payments must be made by credit or debit card or bank transfer. Cheques are not accepted. 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.

 

3.7 You shall pay all amounts due under the Contract in full without any deduction or withholding except as required or permitted by law.

 

3.8 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 3.

 

3.9  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.

 

3.10                In the event payment for the Services is not paid in accordance with this clause 3, we reserve the right to charge interest on the outstanding amounts at the rate of 3% over the Bank of England Interest Rate until payment is made in full before or after judgement.

 

 

4      Termination

4.1  We may terminate the Contract:

5.1.2     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

5.1.3     in accordance with clause 2 above or clause 6 below.

5.2     If we terminate the Contract we may refund any proportion of the Charges you have paid in advance for Services we have not performed and/or Goods not supplied.

5.3     On expiry or termination of the Contract for any reason you shall immediately pay to us all outstanding and unpaid Charges.

5.4     Any Cancellations must comply with our Cancellation Policy, available at;

https://www.guardsmanheating.com/cancancellation-policy

 

6          Your personal information

6.1     We only use your personal information in accordance with our Policy which can be found at: https://www.guardsmanheating.com/data-protection

 

6.2     Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.

 

7          Liability

7.1     Nothing in these Terms and Conditions excludes or limits either our or your liability for:

7.1.1     death or personal injury caused by our/your (as applicable) negligence;

7.1.2     fraud or fraudulent misrepresentation; and

7.1.3     any matter in respect of which it would be unlawful for us/you (as applicable) to exclude or restrict liability.

 

7.2     If you are a Consumer:

7.2.1     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, 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;

7.2.2     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

7.2.3     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; and (c) up to 6 years from delivery, if the Goods do not last a reasonable length of time you may be entitled to some money back and 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. Should any tamper to the installation by any persons except Guardsman engineers, or damage caused wear and tear, or improper care, this will be nil and void.

 

7.3     If you are a Business (subject to clause 1):

7.3.1     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;

7.3.2     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;

7.3.3     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.

 

7.4     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.

 

7.5     We will not be liable in any way for any subsequent issues as a result of the works completed, or issues derived as a consequence of the service being undertaken or goods installed.

 

7.6     Any additional works undertaken, accepted verbally by the engineer, outside of the initial service or installation quoted shall be totally indemnified from any loss or damage claims.

 

7.7     Our workmanship policy can be found at; https://www.guardsmanheating.com/workmanship-guarantee

 

8          Other important information

8.1     Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

 

8.2     If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

8.3     These Terms and Conditions may not be replaced or varied except by agreement in writing signed by both you and us. These Terms and Conditions will prevail over any others used by you or contained, set out or referred to in any documentation sent to us by you and by entering into the Contract with us, you waive the application of any other terms and conditions other than those set out herein.

 

8.4     Guardsman Heating & Plumbing Services apply a Code of conduct policy to its Engineers and Customers, any non-compliance with this policy many lead to termination, refusal on further work/services and breach of the workmanship guarantee. The code of conduct policy can be found here; https://www.guardsmanheating.com/code-of-conduct

 

8.5     If you are dissatisfied with the service received from us, please contact us, with your complaint. We will endeavour to resolve this in accordance with our internal complaint procedures.

 

8.6     If you are a Consumer:

 

8.6.1     each Contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

8.7      If you are a Business:

8.7.1     the Contract contains the entire agreement between you and us and supersedes all prior written or verbal agreements and understandings pertaining to the subject matter of the Contract and prevails over any contract or terms and conditions that you have supplied to us. Both you and we acknowledge that in entering into the Contract neither of us has relied upon any verbal or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other in relation to the subject-matter of the Contract at any time before its coming into effect (together “Pre-Contractual Statements“), other than those which are set out in the Contract, provided that nothing in this clause 3.1 shall exclude or restrict the liability of either you or us arising out of our or your (as applicable) fraudulent misrepresentation or fraudulent concealment;

 

8.7.2     any notices in relation to the Contract will be delivered: (i) by email or by post in the case of notices from us to you, using the details provided by you in making your order for the Services; and (ii) by email in the case of notices from you to us;

 

8.7.3     no third party may enforce any of the provisions of any Contract under the Contracts (Rights of Third Parties) Act 1999;

 

8.7.4     you may not assign, novate, transfer, sub-licence, declare a trust of, mortgage, charge or deal in any other manner with your obligations under the Contract, or with any of our rights or obligations under it, without our prior written consent; and

 

8.7.5     we may assign, novate, or transfer any of our rights or obligations under the Contract to another legal entity by giving written notice to you.

 

9          Governing law and jurisdiction

9.1     These Terms and Conditions and the Contract are governed by English law. This means that our supply of the Services and any Goods, and any dispute or claim arising out of or in connection with them will be governed by English law.

 

9.2     If you are a Consumer, you can bring proceedings in respect of these Terms and Conditions in the English courts.

 

9.3      If you are a Business, any dispute arising out of or in connection with these Terms and Conditions, the Contract and/or the Services (whether contractual or non-contractual) will be referred to the exclusive jurisdiction of the English courts.

 

Terms and Conditions last updated November 2024