H2O Utilities Ltd is pleased to accept works orders subject to the Terms and Conditions as stated below. Unless expressly agreed in writing (for example in the case of a tender), any alteration to these conditions will not apply. In these terms "you" and "your" as appropriate refer to the Buyer and "us" and "our" and "we" refers to the service provider, H2O Utilities Ltd. "Days" and "day rate" refer to working days, being Monday to Friday 6:30 am - 3:00 pm, excluding weekends and bank holidays, unless otherwise stated. A "day" is made up of a 6:30 am start at our offices for a briefing on the requirements of the job of work to be carried out, the loading of vehicle(s) with job specific tools, fittings & materials, the collection (if required) of any plant and travel to the place of work. Time for cleaning down and loading the vehicle(s) following the work is included, as is return travel for a 3:00 pm finish.
The day rate quotation, unless otherwise stated, is based on a day as described above, or part thereof. There will be no reduction in the cost if the work is completed in under that time.
Our quotations remain valid for 31 days from the date of their issue. Quotations are for the sole use of the addressees and we reserve the right to withdraw a quotation which has been passed by you to a third party.
3. DELIVERY OF SERVICES
In normal circumstances
a) We will provide our service within the agreed period, but we cannot be held liable for any loss caused by unforeseen circumstances. If we do overrun, you are not entitled to regard this as a breach of contract.
b) Services will be provided to the agreed address supplied by you. You are considered to have given authority to accept these services on your behalf to any person who accepts the services at the given address.
c) If we provide our services in instalments to you, then each instalment is a separate contract. If payment in full is not made to us in proper time for works orders, which have already been carried out, then we may withhold or cancel delivery of any further services until payment has been received.
d) Our prices exclude delivery of services or transport charges, insurance in transit and taxes. We reserve the right to charge delivery of services or transport costs when either delivering services outside our normal service area, or it is requested to supply the services not within our scheduled service times.
H2O Utilities Ltd. bears no liability for damage or cessation of supply caused to other underground utilities where up-to-date plans or knowledge of such are not supplied or imparted, or where underground utilities are not installed in the proscribed way or at the proscribed depth, or the costs incurred in the repair of said utilities.
The client will take full responsibility for any and all claims arising out of the damage to services caused as a result of error or omission on the part of the client in relation to the above obligation.
All prices quoted are exclusive of Value Added Tax ("VAT"). VAT will be added to all invoices at the rate applicable on the tax point date. The tax point date will be deemed the date of the invoice. Should there be any questions regarding the prices these should be addressed on receipt of the quotation and prior to the work commencing e&oe.
Unless otherwise stated, invoices must be paid 30 days from invoice date.
We will be entitled to charge you interest at 2% above the current bank base lending rate, compounded daily, on the amount outstanding until it has been paid in full. We will be entitled to sue for the money and our costs incurred should the agreed payment terms be defaulted upon.
If you have a dispute or counterclaim with us, you will not be entitled to make any reduction in or deferment of payment because of that dispute or counterclaim.
The seller remains owner of all fittings supplied until the price and all other sums owing by the buyer to the seller of the services are paid in full.
We accept bank transfer payments, the details of which can be found on our invoice.
a) All fittings and services supplied by us are warranted to be of sound workmanship and materials, and suitable for the purpose for which they are designed under fair conditions. Our liability under this warranty will be limited to the replacement, free repair or issue of credit against any parts acknowledged by us to be faulty, provided that such faults have not been caused by your misuse of the fittings or your negligent handling of them.
b) In order to make a claim under this warranty we must examine the fittings or workmanship, should the aforementioned fittings and workmanship prove to be sound, the buyer will be liable for the work carried out in examination & reinstatement and any other expense incurred.
9. FORCE MAJEURE
We reserve the right to cancel a works order or suspend or delay services without being liable for any loss or damage if the supply of the service is prevented or delayed by reason of war (whether declared or not), civil strife, riots, adverse weather conditions, pandemic, fire, flood, labour disputes, accidents or any other circumstances beyond our control.
9. INTERPRETATION AND VALIDITY
The construction, validity and performance of this contract will be governed only by English Law and the English courts will have exclusive jurisdiction. The interpretation of any clause or sub-clause above will not in any way be limited or restricted by reference or inference from any other clause or sub-clause. If for any reason one clause is unenforceable according to its terms than the others will remain in force and effect.
In accordance with GDPR May 2018, H2O Utilities Ltd. hold only the personal data supplied by our clients to enable us to carry out our services and to produce an invoice for those services. This is usually consists of name, address, telephone number and email address. We do not hold any financial data about the client whatsoever. All data is held on a protected UK server, for a period of six years as required by law. We do not use the above-mentioned data for any other purpose than the pursuance of the services requested by the clients. The client's data may only be shared with a sub-contractor where there is a specific task to be performed outside of our scope, with the permission of the client, but is not shared with anyone else for any other purpose. No personal data is used, shared or sold on for marketing purposes. The client has the right to complain to the ICO if they think there is a problem with the way H2O Utilities Ltd handle this data, although we would prefer consulting prior to this; see https://ico.org.uk/for-the-public.
Acceptance of our quotation is taken as acceptance of, and adherence to these terms and conditions and no other terms and conditions shall supersede these unless specifically agreed to in writing by H2O Utilities Limited.