Terms & Condition of Trade – Martin Plumbing & Gas Services Ltd.:
Definitions:
“Martin Plumbing & Gas Services Ltd” shall mean Martin Plumbing, or any agents or employees thereof.
“Customer” shall mean the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and / or services from Martin Plumbing.
“Products and Services” shall mean all products, services, goods and advice provided by Martin Plumbing to the Customer and shall include without limitation all plumbing services and the supply of associated products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Martin Plumbing to the Customer.
Acceptance:
Any instructions received by Martin Plumbing from the Customer for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
Price:
Where no price is stated in writing or agreed to orally the Products and Services shall be deemed to be sold at the current amount as such Products and Services are sold by Martin Plumbing at the time of the contract.
The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond the control of Martin Plumbing between the date of the contract and delivery of The Products and Services.
Quotation:
Where a quotation has been given for work to be performed, that quotation remains valid for 30 days. We may withdraw that quotation at any time before acceptance.
Payment:
Payment of the claimed amount is due and payable by you 7 days after receipt of our invoice unless prior arrangement has been made as noted on invoices. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of the invoice.
If you disagree for any reason with the claimed amount, you will respond to us in writing before the payment is due.
Overdue payments shall attract a late payment penalty, and any expenses incurred by us in recovering this debt shall be added to your account.
Ownership:
The Customer gives Martin Plumbing a security interest in all of the Customer’s present and after-acquired property that Martin Plumbing has performed services on or to or in which goods or materials supplied or financed by Martin Plumbing have been attached or incorporated.
Risk:
All goods and materials are at your risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be held by you..
Variations:
Once our quotation/offer has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed.
Disputes:
If any dispute or difference arises in connection with work done or payments claimed by us, or any other matter pertaining to business between Martin Plumbing and the Customer, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contracts Act 2003 (CCA).
Installation:
The Customer shall give Martin Plumbing access to the site and provide proper facilities for carrying out the work including use of any existing goods or passenger lifts, cranes, hoists and builder’s scaffolding. Unless specified otherwise, the contract does not include any structural or other alteration to any part of the building.
Access and facilities shall be provided within a reasonable time after acceptance of this contract or at a date notified by you and agreed on by us in writing.
You shall inform us of any hazards in the workplace to which we may be exposed in working on your premises.
Time to Complete:
Martin Plumbing will complete the work within a reasonable time and will endeavour to meet any target date the Customer makes known to us.
Martin Plumbing shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
Should it be necessary to work outside ordinary working hours to meet completion target or due to any other circumstances outside our control, the Consumer shall be liable for any extra cost incurred.
Consents:
The Customer is responsible for obtaining any consent or other authority necessary for the work, and will provide that to Martin Plumbing on request.
Warranty:
Manufacturer’s warranty applies where applicable.
Plans and Specifications:
Martin Plumbing shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by the Customer. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.
Miscellaneous:
The Construction Contracts Act 2002 applies where applicable.