1.1 In these terms and conditions (which are referred to in this document as “these terms”)
1.2 The “Customer” means the customer for whom the works are to be carried out for by Foreman and Son Ltd.
1.3 The “Company” means Foreman and Son Ltd and any Employee under employment by Foreman and Son Ltd, including Apprentices.
1.4 “Works” means the works described in the company quotation or any other document or email issued by the company, as may be varied by an agreement in writing between the parties.
1.5 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.
2.1 The company reserves the right to refuse or decline any work at its own discretion.
3.1 Same Day Emergency callout fee will be charged at £90.00 plus VAT, this covers the first hour. After the first hour, charging reverts to the applicable hourly rates.
3.2 Plumbing, Oil and Gas Hourly Rates apply plus VAT, the applicable rate will be confirmed to you upon booking your appointment.
3.3 If a gas engineer is sent to a plumbing appointment due to the customer wanting an urgent appointment and no plumbing engineers being available at their request, the gas engineer rate will apply.
3.4 Day Rates will only be agreed by the Director(s) and will be confirmed at the point of booking your appointment.
3.5 If for any reason we are unable to carry out work during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.
3.6 All charges are subject to VAT at the prevailing rate.
3.7 The company reserves the right to amend their hourly rate in accordance with inflation.
3.8 In the event of a customer cancelling an appointment once required parts have been ordered and/or delivered or parts being returned due to the customers preference, if restocking charges apply from the supplier, the customer will be charged for this accordingly.
3.9 Customers will be charged a cancellation fee of £20.00 plus vat if the company attends an arranged appointment and the customer is not present to allow access or if the customer cancels the appointment at the time of the company attending.
4.1 Any estimate supplied by the company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 30 days from its date.
4.2 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 applicable at the time of works being carried out, and may be increased above the estimated price.
4.3 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 and done so in writing.
4.4 Any estimate provided by the company may be revised in the following circumstances:-
4.4.1 If after the submission of the estimate by the company, the customer instructs the company (whether in writing or verbally) to provide additional works or services not referenced or detailed within the estimate.
4.4.2 If following the submission of the estimate by the company, it is discovered further works and services need to be carried out which have not been anticipated. Or, the company would simply add them onto the final invoice as extras and show a breakdown of what has been carried out.
4.4.3 The company reserves the right to charge for the collection of materials, parts and equipment if any have not been originally agreed within the estimate. These will be added onto the final invoice as extras and agreed with the client.
4.4.4 The company will not be under any obligation to provide an estimate to the customer.
4.4.5 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 after the cancellation timeframe.
5.1 Rates and estimates are required to be accepted in writing via the Commusoft (job management system) portal or via email only. If written confirmation has not been received, Foreman and Son Ltd may withdraw from any agreement at any time without notice, or, decline any offer of work.
5.2 An estimated schedule, including time scales and dates, will be required upon acceptance of works to ensure Foreman & Son Ltd are available. If a schedule is not provided, Foreman and Son Ltd will not be held liable if they are not available on the dates requested to attend site.
5.3 Any changes to agreed works or materials are to be confirmed in writing. Should parts change during installation of agreed works or extra works to be carried out, Foreman & Son Ltd reserve the right to add these to the final invoice.
5.3.1 A deposit for parts is not required unless otherwise agreed.
5.3.2 Foreman and Son Ltd reserve the right to invoice labour and parts upon completion of ‘first fix’.
5.3.3 Foreman and Son Ltd reserve the right to invoice labour and parts upon completion of ‘second fix’.
6.1 Any prices or rates advised are subject to VAT at the prevailing rate. Prior to works commencing, a deposit to cover the total cost of materials (including VAT) is required. Deposits are subject to refunds, please refer to section 10 below.
6.2 A deposit is only required for jobs priced with parts exceeding £500 plus VAT.
6.3 Once an invoice has been issued to a Customer, they have up to 7 days to make payment.
6.4 All appointments made for works to be carried out (including fixed price works and estimates) with the company are done so with payment due up to 7 days from the issue date of the invoice.
6.5 Customers have a cooling off period of 14 days commencing from the date they agreed to works.
6.6 Where prior written agreement has been arranged for Account Customers with the company, full payment is due within 7 days of the invoice issue date.
6.7 Where any services or works provided by the company are subject to snagging, the company will agree with the client to hold back a certain amount of monies in order to complete works. The amount of monies to hold back will be agreed in writing.
6.8 Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.
6.9 Any late payments whether in part or in full of an invoice to the company, will be subject to the monthly interest rate of 1.5% until the payment in full is received by the company.
6.10 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.
6.11 The company reserves the right not to negotiate final invoices on completion of works, as the invoices are generated using a tracking system which logs accurately the arrival time and departure time of the engineer and also all parts used.
7.1 If a return appointment is required within the 12 month guarantee period due to a faulty part, the customer will not be charged for labour or replacement parts. However, this is to be confirmed once the engineer has investigated and is subject to the findings.
7.2 If a return appointment is required with a view that the appointment isn’t chargeable but after investigation the fault is due to wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer, this appointment, along with replacement parts, will be charged accordingly at the applicable rates.
7.3 If the company supplies and installs a new thermostat for a customer, a demonstration on how to work the appliance is always provided to the customer on completion. If a return appointment is required due to the customer not being able to work the thermostat as per instructions already provided, the company reserves the right to charge for the return appointment.
7.4 The company reserves the right to charge for any return appointment if correspondence is received from the customer after 7 days from the point of the company first attending, subject to the recall reason.
7.5 Boiler servicing; when the company attends a boiler service, only certain items are checked and cleaned within to ensure the appliance is working safely. The customer will be provided with a service certificate on completion. A boiler service does not guarantee that your boiler will not break down or show fault in the future. If the company receives a return appointment after 7 days of a boiler service being carried out, the company reserves the right to charge for the return appointment.
7.6 Installations; when the company attends to install items/appliances the 12 month installation guarantee only covers items/appliances the company has supplied and installed onto the existing system, this excludes anything existing.
8.1 Foreman & Son Ltd will register boilers and unvented cylinders that have only been installed by the company.
8.2 Appliance paperwork will be left with the client upon completion of installation and the manufacturer’s warranty documents will be received by the client in the post directly from the manufacturer once the registration has been completed. It is the customers responsibility to ensure these documents are kept in a safe place.
8.3 Foreman and Son Ltd reserve the right to obtain copies of any documents for their own records.
9.1 It is the customers responsibility to ensure that any boiler or unvented cylinder is serviced annually to ensure that the manufacturer’s warranty remains valid. Foreman & Son Ltd will not be held liable for any replacement or repair of any appliance installed by the company if servicing has not been carried out annually and resulting in the manufacturers not repairing or replacing goods due to this.
9.2 The company will not be held liable for any replacement or repair of any appliance installed by the company if servicing has not been carried out annually and resulting in the manufacturers not repairing or replacing goods due to this.
10.1 The customer has the right to cancel this contract within 14 days commencing from the date their estimate/job was accepted/booked in.
10.2 Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email to info@foremanandsonltd.co.uk
10.3 Notice of cancellation is deemed to be served as soon as it is posted/sent.
11.1 By accepting a written estimate, you agree work will commence before the 14 day cancellation period expires, and should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any works carried out, including labour and parts at the applicable rate.
11.2 If you pay your deposit prior to your cancellation period ending but then decide to cancel works and materials have been ordered during your cancellation period, Foreman and Son Ltd will reimburse your full deposit paid.
11.3 Should the customer subsequently cancel in accordance with their rights but after works have commenced, they are advised that reasonable payment may be due for any works carried out, including labour and parts at the applicable rate.
11.4 If the customer pays a deposit prior to the cancellation period ending but then decides to cancel works and materials have since been ordered during the cancellation period, the customer will be entitled to a refund of their deposit, subject to parts being returned to the supplier and restocking charges, if applicable.
12.1 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. No imagery will be taken and no imagery will be published on the company’s social media accounts without verbal or written consent from the customer.
13.1 The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time.
13.2 In the event that a member of the team fails to meet the agreed schedule, the company cannot be held responsible for any delay or inconvenience caused. All staff members will endeavour to contact the client to inform them as soon as possible.
14.1 The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time.
The company’s liability shall be limited to:-
15.1 The repair or making good of any defect pursuant to its undertaking in paragraph 10 below, and subject to paragraph 8 above.
15.2 Liability for personal injury or death resulting from negligence in the course of carrying out the companies duties.
15.3 The reasonable costs of repair or reinstatement of damage or any loss to the customers property, should this result from the negligence of the company or its employees, agents, franchisees or sub-contractors, and the customer incurs such costs.
15.4 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.
15.5 The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas 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.
15.6 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. We will make reasonable efforts not to cause damage.
15.7 It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make every effort not to cause damage. It is suggested that the customer remove items that are considered to be of risk. If items remain within the working area, it is the responsibility of the customer to cover such items.
16.1 Subject to paragraph 8 and the exclusions listed below, the company undertakes to make good and repair any defect in completed work, which appears within 12 months of the complete date of the same, to the extent that such defect arises from the breach of the companies obligations under this contract.
16.2 All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect. This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.
16.3 Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate.
Exclusions are as follows:-
16.4 The company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the company, or where full payment has not been received for said work.
16.5 If the company carries out work alongside another contractor, the company will not be held liable for any defects/issues caused to their work as a result caused by another Contractor and their work. Investigations will be carried out and evidence will be provided to the customer to show the issues/defects are not a result of the company’s work and the appointment(s) will be charged accordingly.
16.6 The company is under no obligation to complete works of another Contractor. In the event that the company completes another Contractors work, the company will investigate works carried out so far and advise the customer accordingly of any potential risks. The company will not be held responsible for any damage or defect caused to the previous Contractors work as a result of their own
16.7 Any parts or materials supplied by the company will be provided with the manufacturers or suppliers guarantee, and works for installation of said materials are guaranteed by the company for 12 months.
16.8 Any parts or materials supplied by the customer that are to be installed by Foreman and Son Ltd do not come with any guarantee by the company.
16.9 Any systems or structures which have not been installed by the company.
16.10 Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.
16.11 Any structural defects, such as but not limited to subsidence and its resultant effect.
16.12 Any damage to drainage systems caused by any outside force or root penetration.
17.1 It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company. The company will not be held responsible for any damage to the property (such as fixings, holes etc.) if any of the above have not been obtained, and in the event of equipment supplied or installed requiring, removing or repositioning, extra charges will be incurred.
17.2 The customer shall provide clear access to enable the company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.
17.3 The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claims from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
17.4 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.
17.5 Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occurred in drains not covered or identified by the customer.
17.6 By instructing the company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay by the customer in performing the obligations as detailed above.
18.1 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.
19.1 If the customer cancels any contract with the company, without the companies approval, the customer agrees to indemnify the company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment in accordance with paragraph 5.
20.1 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 unless agreed with the Company at the client’s expense.
20.2 If waste removal has been agreed with the company, this will be stated in the quotation/estimation initially provided to the client. All prices for legal removal of waste may vary. This is to be discussed at quotation between the company and customer.
21.1 The company will not be liable for any fractures found in frozen pipes attended by the company, and cannot guarantee to clear blockages occurring within frozen pipes or drainage systems.
21.2 The Company will not be held liable for any burst pipes that have not had works carried out on, i.e.if the company carries out works on a cold main and then shortly after the hot main pipe work bursts.
We use purpose built power-flushing pumps designed to cure the circulation and any boiler noises caused by accumulations of sludge, corrosion deposits and/or scale which can be identified in most aged central heating systems.
The power flushing machine is temporarily connected to the heating system and during this flushing process, a cleaner is circulating around the system. 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/in-floor heating loops are individually flushed without the removal or disconnection from the system so long as there are isolation valves on each side of a radiator or isolating valves on each loop for the radiant in-floor heating. After the power flush, the heating system is drained and filled with an anti corrosion inhibitor and then reinstated to a normal operating condition.
PLEASE NOTE: The vast majority of power flushes that we carry out are without problem and result in a cleaner and more efficient heating system, with radiators restored to their original output.
A power flush can be extremely effective in cleaning systems that have corrosion problems. If your system is showing signs of sludge due to a design fault, we strongly recommend that any such design faults as:-
1) Lack of isolating valves and/or;
2) Pipes that have been installed incorrectly should be rectified in order to have an effective power flush and should be completed before a power flushing commences.
The success of a power flush will depend on the level of heating system corrosion and/or lime scale 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. This can be the case in micro bore systems more so than a standard 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. With effective cleansing, the company may occasionally find a pinhole leak, the final breakthrough event of a progressive attack of pitting corrosion. The advanced stage of corrosion required for such a situation means that the leak would occur imminently even without a power flush. If this problem is to occur, it is better to happen whilst the company is present to rectify 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 and filled with anti corrosion inhibitor, may have severely compacted corrosion debris/lime scale, in the pipe work, radiators and/or boiler. It is possible that even after the power flush, some radiators may still not be fully effective and can even block up completely.
Boilers on the margin of failure may cease to work due to sludge and debris later breaking loose and collecting in the heat exchanger blocking it which will result in having to replace the heat exchanger or boiler at an additional cost.
Neglected systems are sometimes so badly corroded that leaks and failures can occur on radiators, radiator valves, pipework, boilers, hot water cylinders and coils causing pump failures and zone valve failures. This is as a result of the sludge/lime scale that would have been sealing the problem area, then being cleared and opening up the problem area causing a leak or compacting sludge/lime scale. Following this, it can then cause a lack of flow which can create some heating components to fail, in which case these would need to be replaced at an extra cost.
22.1 Whilst Foreman and Son Ltd advise the customer to the best of their ability following various investigations of appliances and the heating system in its entirety, some faults may be hidden within certain elements or areas of the heating system to which cannot always be identified until the point of a power flush being carried out. Due to this, Foreman and Son cannot be held liable for any further issue that may arise from carrying out a power flush. Any further faults or issues that may occur will be explained to the customer in detail and will be charged as additions accordingly.
23.1 Any materials supplied by the company will be covered by the company for 12 months post installation. If the item has a manufacturer default then the company will contact the supplier to send back to the manufacturer or advise the customer that they can do this themselves also.
23.2 The companies guarantee will become null and void if the work/appliance supplied by the company is:-
23.2.1 Subject to misuse or negligence. 21.2.2 Repaired, tampered with or modified by anyone other than a company operative/representative.
23.2.3 The company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result.
23.2.4 The company is unable to guarantee any work in respect of blockages in waste and drainage systems.
23.2.5 The company is unable to guarantee any work which has been undertaken on instruction by the customer, against the companies/operatives advice/recommendations.
23.2.6 The company will only guarantee work directly undertaken by the company and its employee’s. Any work carried out on behalf of the company by agents or sub-contractors will be guaranteed under their own respective policies.
23.2.7 The company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.
23.2.8 The company will not guarantee work where the customer has been notified either verbally or in writing by the company of any related work which requires attention.
23.2.9 The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe Engineers.
23.2.10 All Gas Safe engineers operate under their own Gas Safe registration, and as such are solely responsible for any gas related work and subsequent liability.
24.1 All content of the company’s website, including graphics and logo’s remain the sole property of the company, and are not to be copied, reproduced or distributed either in part or full, without our prior written consent.
25.1 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 Foreman and Son Ltd at 32 High Street Heacham Norfolk PE31 7EP/info@foremanandsonltd.co.uk at their earliest convenience. Upon receipt of this complaint, the customer can expect an acknowledgement within two working days of receipt. The customer will receive a response and an explanation within 14 working days from the directors.
26.1 While every effort is made to make the allotted scheduled appointment, Foreman and Son Ltd cannot guarantee appointment times due to unforeseen circumstances.
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.