These Terms of Business, together with the Rates page, form the basis of the contract entered into between you and WPJ Services Limited – we recommend that you read them carefully as they affect your legal rights and liabilities. If you have any concerns or queries about these Terms of Business they should be raised at the earliest opportunity and in any event prior to work commencing.
1.1 For the purpose of these Terms of Business the following definitions shall apply:
The “Company” means WPJ Services Limited.
The “Customer” means you, the person or organisation with whom the Company has entered into a contract for the supply of goods and/or services.
The “Engineer” means the representative appointed by the Company to perform the agreed work.
“Labour” means all time spent by the Engineer and administrative staff in carrying out work on behalf of the Customer, including all reasonable time spent in sourcing and obtaining materials, scheduling, operational costs and any other logistics.
“Materials” means, in respect of each job, all hardware and fittings installed, supplied and/or purchased on behalf of the Customer by the Company.
“Clipfix” is the trademarked name given to one of the particular services offered by the Company. The service allows the Customer to upload pictures or steam live video content of a particular problem they wish to resolve, so that the Company can offer guidance and professional help towards a faster resolution.
2. Fixed Price Work
2.1 Fixed price work shall be quoted for in advance by the Company. The quote shall set out the address of the Property and the work instructed by the Customer. The quoted price shall represent the total amount (exclusive of VAT) to be paid by the Customer for the work specified in the quote, except in the circumstances set out below:
(a) if after submission of the quote the Customer instructs the Company (whether orally or in writing) to carry out additional work and/ or undertake additional services which are not specified or otherwise referred to in the quote (in which case, such additional work and/ or services will be charged at the current applicable hourly rate in accordance with paragraph 3 below and the cost added to the quoted price);
(b) there is any increase in the source cost of the Materials (in which case the increase in cost will be added to the quoted price);
(c) it is discovered that additional work and/ or services need to be carried out which could not have been reasonably anticipated by the Company when the quote was prepared (in which case, such additional work and/ or services will be charged at the current applicable hourly rate in accordance with paragraph 3 below and the cost added to the quoted price);
(d) it is discovered that there was an error in the Company’s preparation of the quote (in which case the quoted price is invalid and the Company will prepare a new quote); and/ or
(e) the Customer instructs the Company to attend at a different Property from the Property named in the quote.
(f) the price for a Landlord’s Gas Safety Certificate includes the inspection of a maximum of 3 gas appliances. Any other appliances tested at the property will incur a further charge.
2.2 The Company can only be bound by quotes, which are provided to the Customer in writing and signed by a duly authorised representative of the Company. An estimate provided orally shall not amount to a quote, which is capable of binding the Company in accordance with paragraph 2.1 above. The Customer may accept a quote either orally or in writing but in the absence of express communication the Customer shall be deemed to have accepted a quote at the time it instructs the Company to perform the work which is described or specified in the quote.
2.3 Quotes provided by the Company are valid for 30 days from the date of the issue. This does not affect the Company’s right to withdraw a quote at any time prior to its acceptance for any reason.
2.4 Certain other works and services are carried out at a fixed price and the Customer should consult the Rates page. Such works and services are subject to these Terms of Business. These prices vary outside 8am-6pm on Mondays to Fridays, as shown on the rates page on the website.
2.5 Any works undertaken with monthly repayment plans and Hitatchi Finance are subject to their own terms and conditions as governed by the lender. The amount of credit available, the APR and deposit required will vary from job to job. WPJ reserve the right to withhold the offer of any of their Finance Plans at any time at at their sole discretion.
2.6 When commissioning a gas appliance after repair or installation, other gas appliances in the property which have not been worked on thus far by WPJ may also need to be inspected for purposes relating to but not exclusively limited to the kW gas rating of the appliance being commissioned. This may comprise a visual inspection only of these appliances or further tests if deemed necessary. WPJ may identify issues, defects or remedial works required on these additional appliances and it is our duty to report these to the Customer and take the appropriate Gas Safe action. A quote for further work may then be given.
3. Hourly Rate Work
3.1 In the absence of an accepted quote (in accordance with paragraph 2.2) the amount charged to the Customer shall comprise:
(a) Labour charged at the Company’s applicable hourly rate set out in paragraph 3.2;
(b) Materials charged at cost plus 20% (which covers the time and effort involved in sourcing and obtaining such Materials); and
(c) any of the incidental costs set out in paragraph 3.3.
3.2 (a) The Company’s hourly rates are as set out in the Rates page. Time starts to run from the arrival of the engineer at the Property, except where the Customer has asked the Company to collect the keys to the Property from an address which is not the Property, or any Materials are required by the Company, in which case travel time will be charged in addition.
(b) Our labour rate also includes an element to cover the substantial overheads that a business such as ours inevitably incurs if we are to deliver a high-quality service with reliable back up and regular repeat business and referrals. The term “labour rate” is something of a misnomer because the actual cost of labour is often quite a small part of the overall cost of running the business. Customers who are not self employed often think that tradesmen pocket the entire hourly rate but this is far from being the case. We have overheads that include regular training, insurance for our vans, our work and our public liability, membership of trade bodies, pensions, holiday pay, business rates, upkeep our the fleet and specialist tools and employers National Insurance to name but a few.
3.3 The Company shall be entitled to recover the following incidental costs and expenses from the Customer:
(a) all parking expenses incurred by the Company and the Engineer in attending the Property (and/or the premises of its preferred suppliers).
(b) all London Congestion Charge and ULEZ payments incurred by the Company and the Engineer in attending the Property (and/or the premises of its preferred suppliers).
(c) a charge to cover the time spent travelling to and from a Property from the Company’s office, calculated by reference to the actual time spent travelling or a minimum of one hour charged at the prevailing rate set out in the Rates page whichever is the higher, in the event that the Customer fails to provide the Company and/or Engineer with access to the Property at the time which has been scheduled for work or an inspection to take place.
(d) a charge equating to one hour calculated at the prevailing rate set out on the Rates page if the Customer cancels an appointment within 24 hours of its scheduled time.
(e) a charge to cover the time spent travelling to and from the Property from the Company’s office.
(f) the costs plus a fee of 20% (to cover the time spent making arrangements) in relation to the making good of any damage which the Customer requests the Company to arrange on its behalf pursuant to paragraph 5.10.
(g) in the event that the Customer orders Materials which are unsuitable in the Company’s absolute discretion, a charge to cover the Company travelling to and from a supplier to obtain suitable materials, calculated by reference to the actual time spent travelling or a minimum of one hour charged at the prevailing rate set out in the Rates page whichever is the higher.
(h) any costs which the Company may recover pursuant to any other paragraph of these Terms and Conditions.
(i) any delivery and re-stocking charges for Materials that formed part of the accepted quote whether on a fixed price or hourly rate basis.
4. Payment and Customer Liability
4.1 The Company shall invoice the Customer on completion of the work, or prior to completion of the work by written or oral agreement between the parties, or in the event of one of the circumstances set out in paragraph 4.5 .
4.2 The Customer shall pay each invoice submitted to it by the Company upon receipt (including deposit invoices for fixed price work which must be paid immediately and before work commences). Any part of an invoice that has not been paid by its due date shall attract interest at the rate of 4% above the Bank of England base rate prevailing at the date of the due date and interest shall be calculated from the due date up until the date that payment is received in full by the Company inclusive of both days. The Customer is liable for all additional costs which may be incurred by the Company in obtaining recovery of payment for the invoice in full, including and not limited to legal, court and third party debt recovery specialist costs.
4.3 In addition to charging interest, if the Customer fails to pay by its due date an invoice which it has been agreed will be issued prior to completion of the work, the Company reserves the right to suspend all further work until such invoice has been paid in full.
4.4 The Customer has sole liability to discharge the Company’s account unless it has disclosed in its initial instruction (and in any event prior to work commencing) that it is acting on behalf of a third party and the third party has confirmed this in writing and the Company has accepted this in writing.
4.5 If the Customer cancels its instruction at any time prior to the work being completed (including during the period between instruction or acceptance of quotation (as applicable) and the date scheduled for the work’s commencement) the Customer shall be liable for all costs which have been incurred by the Company on the Customer’s behalf, together with the profit that would have been made by the Company if the work had been carried out in full and, if applicable, all of the Materials to be supplied in accordance with the Customer’s original instructions.
4.6 The Customer shall be solely liable for the status of the Property which is presented to the Company upon its arrival and attendance at the Property, including any health and safety obstructions, obstacles, hazards or similar, or any hazardous situation in respect of the gas or electrical safety.
4.7 The Company may, without prejudice to any other rights it may have, set off any liability of the Customer to the Company against any liability of the Company to the Customer.
4.8 The Company shall take payment card details from the Customer at the time of booking any job. The Customer shall be charged for 1 hour’s labour at the time of booking. The balance of any charges due to the Company will be payable on completion of the job. The Company shall refund the Customer the initial booking charge if no work was carried out or no advice to progress the job was given.
5. Guarantee and Company Liability
5.1 Subject to the remainder of this paragraph 5, if, within 12 months of the date of an invoice, the Customer gives notice in writing to the Company that it is not wholly satisfied with the work to which the invoice relates, or otherwise complains, the Company undertakes to carry out any remedial works necessary which in its professional judgment it considers are necessary to bring the work up to a satisfactory standard (“Guarantee”).
5.2 In order to avail itself of the Guarantee, the Customer shall afford the Company (and its insurers if necessary) the opportunity to attend the Property on a date and at a time requested by the Company in order to inspect the work. If upon such inspection the Company in its reasonable professional judgment considers that the work is not of a satisfactory standard, the Company shall carry out remedial works at its cost.
5.3 The Guarantee shall relate only to labour in respect of faulty workmanship and shall not extend to faults, defects or wear and tear of Materials installed by the Company. In respect of any faulty or defective Materials installed by the Company, the Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
5.4 The Guarantee will become null and void if at any time:
(a) any of the work completed and/or Materials installed by the Company have been subject to invasive inspection, deconstruction, alteration, repair, modification, interference, misuse, negligence or similar actions by anyone other than the Company or its Engineers;
(c) the Customer has failed to service any of the Materials installed by the Company in accordance with the manufacturer’s recommendations;
(d) the Customer has failed to carry out any supplementary work that was recommended by the Company or the Engineer as being necessary at the time the work was completed; or
(e) any invoice to which the work relates has not been settled in full in accordance with paragraph 4 above.
5.5 The Guarantee shall not apply to work performed by the Company:
(a) in respect of blockages of waste and/or dra