Terms & Conditions

These terms and conditions shall be governed by the construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts. All calls may be recorded for training and quality purposes. Nothing in these terms and conditions will affect your statuary rights as a customer. You should obtain legal advice if you are unsure of your statutory rights. Nothing in these terms and conditions is intended to remove your rights regarding the quality of our work, or relating to faulty or misdescribed goods that are supplied as part of our service. In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing to the Waterways CMS Ltd, unit 131. 204 Baker street, Enfield, EN1 3JY at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within 14 days.

Definitions

“Customer or client ” means any person or business who purchase goods and/or services from Waterways CMS L T D.
“Quotation” means the statement of work, estimate, quotation or similar of goods and/or services to be supplied by Waterways CMS L T D.
“Contract” means the agreement between the Customer and the company to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the company (“the Agreement”)) the Agreement, “Works” means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.
For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.
“Plumber” means a person who fits and repairs pipes, fittings, and other apparatus of water supply, sanitation, or heating systems.
“electrician “ means a person who installs and maintains electrical equipment / wires
“Materials” means any type of things needed to complete any type of work.
“Work” means a task or tasks to be undertaken.
“Price” means the amount of money expected, required, or given in payment for something. “On Demand” means as soon as or whenever required
“Company” means Waterways CMS L T D.
“Accept” means to consent to undertake Work or a Project or receive material.
“Scheduled” means included in or planned according to a schedule.
“Appointment” means formal arrangement to meet or visit someone at a particular time and place.
“Bespoke” means made to order to a specific specification.
“Installation” means a system or piece of equipment that has been put somewhere either existing or by Waterways CMS L T D.
“Goods” means items specified in the Quotation.

General

The following Terms and Conditions apply to all goods and services supplied by the Company. If the customer /client has any questions regarding any part of the Company’s Terms and Conditions, they must do this in writing before any work has commenced.

All Quotations supplied by the company are valid for 30 days from the date on the quotation.
The Customer must supply the Company in writing or verbally, to Accept a Project, Quotation or On Demand Work.
The Company reserves the rights to withdraw or amend any Quotation without notice before any deposit has been made by the Customer
We may have to charge you additional amounts if there are variations or additions to the work you ask for.
We may have to charge you additional amounts if you request and Work to be carried outside of the hours of 8.00am to 5.00pm (Monday to Fridays) excluding public holidays.
We may have to charge you additional amounts if the conditions of the home or place of business change and we have to remove any dangerous waste materials, chemicals or substances on site, such as asbestos. At the time of preparing the quotation, no hazardous materials, chemicals or substances were identified. If the conditions of your property should change, we request that you advise the Company in writing.
We may have to charge you additional amounts if the Customer has missed delivery of any Goods which result in a delay of completing any Work or Projects.
If The Company visits site to conduct a survey and we find anything is unsafe i.e. any gas works/appliances are required to be shut down, the Customer will be charged for the visit.
No Charge Fee, doesn’t apply if any type of work has been conducted i.e. fault & leak diagnostics/investigation, etc. It only applies if no one is present at the property, if we have been given the incorrect part from the supplier, the job has been cancelled before we have started any type of work or the problem has fixed itself when we have arrived.
The customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the customer.
Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the company and/or details supplied by the customer. The final price will be calculated based on the original estimate and in accordance with the companies standard rate card applicable at the time of works being carried out, and may be increased above the estimated price.
In addition, the company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the estimated price by more than 10%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).
The company reserves the right to make a charge for the collection of materials, parts and equipment from any supplier, except for works where an estimate has been provided beforehand. If the collection of said materials takes part whilst the company is on site, the time taken for this will be treated as part of the works, and charged at the applicable rate. If any materials are ordered for subsequent collection and delivery, a charge may be made by the company of £80 + VAT.
The company will not be under any obligation to provide an estimate to the customer. The company will only be bound to estimates provided in writing to the customer, which have also been signed by an authorised representative of the company. The company will not be bound to any estimates provided orally.
A Deposit of 50% of the Quotation (if requested), must be paid when you place your order. You must pay the balance of the monies owing when we have completed the Work unless otherwise agreed Any Deposit isn’t refundable at any time if any Bespoke items has been ordered by the Company for the Customer.
Any Deposit made is refundable up until one full week before and Work has commenced.
The Company owns all Goods until the Customer has made full payment.
If the Customer fails to make Payment on the due date, the Company reserves the right to charge 8% interest per month over due, plus start any legal proceeding to obtain Payment.
Any parking costs required will be the responsibility of the Customer, any charges will be applied to the invoice.
Goods may be delivered direct to site. Once they have been delivered, all risk for the Goods shall be passed to the Customer.
The Customer and the Company will make arrangements for the delivery of any Goods to site.
Any Goods deemed to be delivered damaged or faulty, it’s the Customers responsibility to notify the Company straightaway.
The Goods and Materials shall not be passed to the Customer until the Company has been paid in full in accordance to these terms and conditions.
Should payment not be made in accordance with these terms and conditions, the Company reserves the rights to start legal proceedings or have the right (and be allowed access by the customer) to remove and Goods or Materials supplied and fitted by the Company.
The cost of any damage caused by such removal will not be borne by the Company.
The Company may require you to carry out remedial work to your property premises prior or after to any Work or Project. The costs of any remedial work required will be your responsibility. We may require you to take up all or some carpets and floor covering, including but not limited to tongue and grooved, parquet, hardwood, rubber or tiled floors, before we start or after completion of work. We will give you as much notice a possible if we need to do so. If will be your responsibility to replace the flooring when the work is completed. You may decide to call a specialist contractor to do this work for you. We will take all reasonable care to carry out the work without causing damage to your premises but you accept that the Work (including removing or destroying existing fixtures and fittings) may cause damage to decoration and fittings. It is anticipated that certain areas my need redecoration following completion of the Works. This will be your responsibility and is NOT included in the price.
The Company will endeavour to the best of its ability not to cause any damage to items belonging to the Customer or the structure of the building. It is the responsibility of the Customer to protect all items with in the Customers It is the Customers responsibility to remove any items from the Plumbers/electricians working area. The Company and or the Plumber/electrician will not be responsible for any damage to the Customers items.
You may require licences, consent, authorisations and/or permissions for any type of Work. We will assume that you have obtained the necessary licences, consents, authorisations and permissions and will not be liable for any loss or damage however arising from your failure to obtain them.
Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.
The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.
The company will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas , electrical or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.
If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items.
Any parts or materials supplied by the company will only be provided with the manufacturers or suppliers guarantee, and are not guaranteed by the company.
The customer will at all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.
The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or circumstances beyond the company’s reasonable control.
The company is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by the company.
While every effort is made to to make the allotted scheduled appointment, Waterways CMS L T D can not guarantee appointment times due to unforeseen circumstances.
You must inform us if there are any hazardous materials or situations at your premises. The Company reserves the rights to refuse to undertake certain aspects of the pre-specified work if the conditions of your home or place of business materially alter and any deposit you have paid will be not be refunded. The Company also reserves the rights to withdraw from your premises if hazardous materials are identified during any Work which would not have been reasonably have been identified at the time of a survey or Work.
If you are not happy with any Work, you must contact us within 14 days to enable us to conduct a full inspection and investigation.
We reserve the rights to decline any type of Work.
We CANNOT guarantee any Materials or Goods supplied by the Customer.
Central heating system power flushing The core component of a heating system is the boiler. When a boiler is renewed, the boiler manufacturers’ Benchmark scheme requires that the system be thoroughly cleansed to the BS7593:2006 Code of Practice. Currently, best industry practice is considered to be to power flush the system. Power flushing is the fastest and most effective way to flush heating systems, and involves minimal disruption and dismantling. We use purpose built power flushing pumps, designed to cure the circulation and boiler noise problems caused by accumulations of sludge, corrosion deposits and scale which are found in most ageing central heating systems. The power flushing pump is temporarily connected into a heating system during the flushing process. The high water velocity, combined with instantaneous flow reversal, dislodges and mobilises sludge and corrosion deposits. Having loosened the debris, the pump expels it from the system to waste, using a high velocity flow of fresh water. Radiators are individually flushed without removal or disconnection from the system. After the power flush, the system is full of clean water, and re-instatement to normal operation takes only a few minutes. A power flush can be extremely effective in cleaning systems that have corrosion problems as a result of a design fault, but we strongly recommend that any such design faults be rectified before power flushing commences. The success of a power flush will depend on the level of heating system corrosion which has occurred beforehand. The process will cure most circulation problems, but cannot undo the corrosion and gradual decay that has led to the need to power flush the system. Whilst it is rare for a heating system to experience leaks after the power flushing process, it is not possible to inspect a system internally beforehand, and the need to use a flushing and dispersing chemical for effective cleansing means that occasionally we may find a leak. The advanced stage of corrosion required for such a situation means that the leak would occur imminently even without a power flush. We believe that it is better that it occurs whilst we are present to remedy the problem, rather than for it to arise over a weekend or whilst the house is unoccupied. Systems which have been neglected over a period of time, or have not been treated with an effective corrosion inhibitor, may have severely compacted corrosion debris, in the pipe work, radiators, or boiler, and it is possible that even after the power flush, some radiators may still not be fully effective, or boilers on the margin of failure may cease working due to sludge and debris later breaking loose and collecting in the heat exchanger. The price that we have stated allows for a standard power flush only and if any of the above or similar problems arise during or after the power flush we will not hold ourselves responsible in any way. Any further work required would be carried out at an additional cost.
Any guarantee provided by the company shall be for labour only, in respect of faulty workmanship from 12 months of the date of completion. Any parts, equipment or components supplied by the company will be covered by their respective manufacturer’s warranty.