PHOENIX HEATING PLUMBING & RENEWABLES LIMITED

CUSTOMER TERMS & CONDITIONS OF PAYMENT AND SERVICE

Website: www.phoenixheatingandplumbing.co.uk
Telephone: 020 3633 5353
Email: info@phoenixheatingandplumbing.co.uk

These Terms & Conditions apply to quotations, bookings, payments and services provided by Phoenix Heating Plumbing & Renewables Limited (“PHOENIX”, “we”, “us” or “our”) to customers (“you” or “the customer”).

They should be read alongside the quotation, invoice, payment request or written scope of work issued for your specific job.

1. Quotations and Acceptance

1. All quotations are based on the information available and the scope of work specified at the time of issue.
2. A quotation becomes accepted when the customer confirms acceptance in writing, electronically or through another agreed method.
3. Unless otherwise stated, quotations are valid for 30 days from the date of issue.
4. Any work, materials or services not expressly included in the quotation are excluded and may incur additional charges.
5. Where the condition of existing equipment, pipework, wiring, flooring or other structures cannot reasonably be established before work begins, additional work may be required. We will explain any additional costs and obtain your agreement before proceeding, except where immediate action is reasonably necessary to address an urgent safety risk.

2. Deposits and Upfront Payments

1. An upfront payment or deposit may be required to secure a booking, purchase materials, procure a boiler or specialist component, or allocate labour and installation dates.
2. The required amount and payment deadline will be stated in the relevant quotation, invoice or payment request. For example, a booking may require a 50% deposit or a specified upfront payment for equipment and materials.
3. Bookings requiring an upfront payment are not confirmed until the agreed payment has been received and the booking has been confirmed by PHOENIX.
4. Deposits and upfront payments will be applied towards the agreed contract price. They are not automatically non-refundable. Where a booking is cancelled, any refund or deduction will be determined in accordance with the applicable cancellation rights, the contract and applicable law.
5. If materials or equipment have been ordered specifically for the customer, any proposed cancellation charges must reflect lawful and recoverable costs, taking account of applicable consumer cancellation rights.
6. Any payments made for emergency services are non refundable once job is attended.

3. Payment Terms and Outstanding Balances

1. Payments must be made in accordance with the payment schedule stated in the quotation, invoice or written agreement.
2. Where a staged payment arrangement is agreed, the applicable amounts and payment milestones will be confirmed in writing before work begins.
3. Unless otherwise agreed in writing, the final balance becomes payable upon substantial completion of the agreed work.
4. Where work is carried out in stages, interim payments may become due at the milestones specified in the agreed quotation.
5. Customers must notify us promptly of any genuine dispute concerning an invoice, identifying the disputed amount and reasons. Any undisputed amount remains payable in accordance with the agreed payment terms and applicable law.
6. Where a payment is overdue, we reserve the right to issue reminders and pursue lawful recovery of sums due. Interest, compensation or recovery costs will only be charged where legally permitted and applicable to the contract.
7. Payment does not remove either party’s statutory rights or obligations concerning defective, incomplete or improperly performed work.

4. Stripe and Electronic Payments

1. We may accept payments through Stripe, bank transfer or other payment methods expressly offered by PHOENIX.
2. By submitting a payment, the customer confirms that they are authorised to use the selected payment method and that the payment details supplied are accurate.
3. Payments are subject to the relevant payment provider’s processing procedures and security checks.
4. Customers should retain their payment confirmation and relevant invoice or receipt.
5. Any refund approved by PHOENIX will normally be returned through the original payment method where practicable and permitted by the payment provider.
6. Nothing in these terms limits a customer’s statutory rights or any applicable rights under their card issuer’s or payment provider’s rules.

5. Cancellations, Rescheduling and Refunds

1. Customers should notify us as soon as possible if they wish to cancel or reschedule a booking.
2. For contracts concluded online, by telephone or at the customer’s home, statutory cancellation rights may apply. Where applicable, consumers generally have a 14-day cancellation period, subject to the relevant legal requirements and exceptions.
3. If a customer requests that work begins during a statutory cancellation period, any required express request and acknowledgement will be obtained. If the customer subsequently cancels, a lawful proportionate charge may be payable for services already performed, where the applicable legal conditions are satisfied.
4. If the customer asks for a service to be completed in full during the cancellation period, any required express consent and acknowledgement concerning the loss of the cancellation right will be obtained where legally appropriate.
5. Outside statutory cancellation rights, any cancellation charge must be consistent with the agreed contract and applicable law and must not operate as an unlawful penalty.
6. Where PHOENIX must cancel or cannot reasonably provide the agreed service, we will discuss rescheduling or any refund due under the contract and applicable law.
7. Any refund due will be processed within the applicable legal timeframe.

6. Materials, Equipment and Special Orders

1. Materials and equipment will be supplied as described in the accepted quotation, subject to availability and any agreed substitutions.
2. If a specified item becomes unavailable, we will discuss a suitable alternative with the customer before making a material change to the agreed specification.
3. Special-order items, boilers and components may require advance payment before procurement.
4. Ownership of supplied goods will pass in accordance with the contract and applicable law. Nothing in these terms affects the customer’s statutory rights concerning goods.
5. Where the customer supplies materials, fixtures or equipment, PHOENIX cannot guarantee their suitability or the manufacturer’s warranty. We will advise the customer if supplied items appear unsuitable or unsafe.

7. Additional Work and Variations

1. Work outside the original agreed scope will be treated as additional work.
2. We will explain the nature of the additional work and its cost and obtain the customer’s agreement before undertaking chargeable variations.
3. Additional work may affect the estimated completion date.
4. If unforeseen conditions are discovered, including hidden leaks, damaged pipework, unsafe installations, defective wiring, structural damage or non-compliant existing equipment, we will inform the customer and agree the next steps.
5. We will not undertake unauthorised additional chargeable work, except for action reasonably necessary to address an immediate safety risk, subject to applicable law and the circumstances.

8. Customer Responsibilities

1. The customer must provide reasonable access to the property, equipment and work areas at the agreed time.
2. A call out charge is applicable if access is not available as agreed.
3. The customer must disclose any known relevant issues, hazards, access restrictions or special requirements.
4. The customer is responsible for arranging parking or permits where these are expressly excluded from the quotation.
5. The customer should remove or protect personal belongings and valuables near the work area.
6. Delays caused by restricted access, customer-requested changes, unavailable third parties or circumstances beyond our reasonable control may affect completion dates.
7. Any additional charges must be agreed and lawful.

9. Workmanship, Safety and Compliance

1. PHOENIX will perform agreed work with reasonable care and skill and in accordance with applicable legal and safety requirements.
2. Gas-related work will be undertaken by appropriately qualified and registered personnel where registration is legally required.
3. Relevant testing, commissioning and documentation will be provided where applicable to the work undertaken.
4. If we identify an immediate safety concern, we may need to stop work, isolate equipment or recommend urgent remedial action where reasonably necessary.
5. The customer must follow reasonable safety instructions and must not interfere with equipment or installations in a manner that creates a safety risk.

10. Workmanship Guarantees and Manufacturer Warranties

1. Any PHOENIX workmanship guarantee will be as expressly stated in the quotation, invoice or separate written guarantee.
2. Manufacturer warranties are subject to the relevant manufacturer’s terms, conditions and registration requirements.
3. Unless expressly included in writing, a workmanship guarantee does not cover unrelated existing faults, normal wear and tear, misuse, accidental damage, unauthorised alterations, lack of required maintenance or defects caused by third parties.
4. Customers should contact PHOENIX promptly if they identify a problem with work we have undertaken so that it can be assessed.
5. No guarantee or exclusion in these terms removes or restricts any statutory rights the customer may have.

11. Delays and Events Beyond Our Control

1. Any completion dates provided are estimates unless expressly agreed as fixed contractual dates.
2. We will make reasonable efforts to meet agreed dates and keep customers informed of significant delays.
3. Delays may arise from supplier shortages, unavailable components, access issues, hidden defects, severe weather or other circumstances beyond our reasonable control.
4. This clause does not remove any cancellation, refund or other rights available to the customer under applicable law.

12. Complaints and Disputes

1. If you are dissatisfied with our service, please contact us using the telephone number or email address above, providing your invoice or job reference and details of the issue.
2. We will review the complaint and seek to resolve it fairly and promptly.
3. Both parties should make reasonable efforts to resolve disputes before considering formal proceedings.
4. Nothing in this clause prevents either party from exercising applicable statutory rights or pursuing a legal remedy.

13. Liability and Statutory Rights

1. PHOENIX will be responsible for losses where required by applicable law and the agreed contract.
2. Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
3. Where the customer is a consumer, these terms are subject to applicable consumer protection legislation, including the Consumer Rights Act 2015.
4. Nothing in these terms limits the customer’s statutory rights regarding the quality, suitability or performance of goods and services.

14. Privacy and Customer Information

1. Customer information will be handled in accordance with applicable data protection law and our privacy notice.
2. Payment details are processed through the relevant payment provider. PHOENIX will handle payment information in accordance with its applicable legal and security obligations.
3. Please refer to our website privacy notice for further information about how personal information is used and retained.

15. General Provisions

1. The accepted quotation, these terms and any agreed written variations form the basis of the agreement between the parties.
2. If a provision of these terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
3. Any waiver or variation must be agreed in writing where required by the contract or applicable law.
4. These terms are governed by the laws of England and Wales, and any dispute will be dealt with by the courts having appropriate jurisdiction, subject to applicable consumer protections.

16. Acceptance of Terms

By accepting a quotation, confirming a booking or making a payment towards an agreed job, the customer acknowledges that they have had the opportunity to review these terms.

Where the law requires particular terms, cancellation information or consents to be separately presented or expressly agreed, those requirements will apply regardless of this general acknowledgement.