Terms and Conditions

SUPPLY OF PLUMBING, GAS AND/OR HEATING SERVICES
OUR TERMS

  1. These Terms
    1.1 These are the terms and conditions on which we supply plumbing, gas and/or heating services to you.
    1.2 Please read these terms carefully before you decide to contract with us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    1.3 We regularly sub-contract our provision of the plumbing, gas and/or heating installation services to sub-contractors in our installer network who are vetted and approved by us (“Network Installer”). In these circumstances, the Network Installer will carry out the installation services in respect of the products we provide. We appoint Network Installers based on their geographic location in relation to you and their specific expertise.
  2. Information About Us and How to Contact Us
    2.1 We are Agency Supplies Limited t/a PlumbAgent, a company registered in England and Wales. Our company registration number is 11084252 and our registered office is at 141 Cot Lane, Kingswinford, West Midlands, DY6 9SA. Our registered VAT number is 332 8575 88.
    2.2 We are a Gas Safe registered business and our registration number is 628460.
    2.3 At all relevant opportunities, we will communicate with you via the PlumbAgent application or our website (“Platform”).
    2.4 Alternatively, you can contact us by telephoning us on 0800 111 4105 or by writing to us by email at info@agencysupplies.co.uk or by post at our registered office address above. If at any stage you wish to make a complaint, please contact us using these details.
    2.5 If we have to contact you we will do so via the Platform, by telephone or by writing to you at the email address or postal address you provide to us.
    2.6 When we use the words “writing” or “written” in these terms, this includes emails.
  3. How It Works
    3.1 In the first instance you will use our pricing tool to generate a fixed price quotation which will not be subject to change on the basis of the results of a pre-installation survey which will be undertaken at your premises (provided that the information you provide pursuant to clauses 3.1.2 and 3.1.3 are accurate). To do that via our Platform, you will:
    3.1.1 select a boiler to suit your requirements;
    3.1.2 answer questions about your current set-up;
    3.1.3 upload pictures to our Platform of your current boiler, the pipework around it, your outside flue and your gas meter; and
    3.1.4 select a date for your pre-installation survey.
    3.2 On receipt of that information, we (or the Network Installer) will attend your premises to carry out the pre-installation survey.
    3.3 Once the pre-installation survey has been carried out, we will confirm the price for the products and services you require via the Platform which you will be free to accept or reject. If you accept the price via the Platform, at that point a contract will come into existence between you and us.
    3.4 If when you accept the price, we are unable to accept your order, we will inform you of this immediately and will not charge you for the services or the products.
    3.5 Once you accept the price via the Platform, you will be required to pay for the products and the services in accordance with clause 6.3. When you have done that, we (or the Network Installer) will attend your premises to carry out the installation services.
    3.6 We (or the Network Installer) will telephone you the evening before your installation date to confirm final arrangements for the installation and the required materials will arrive at your premises on the morning of the job. We will use all reasonable endeavours to time the arrival of the materials at your premises to coincide with the arrival of the installer but occasionally this is not possible. In such circumstances, you will be required to accept delivery of such materials and store them safely at your property, unopened and undamaged, until the arrival of the installer at which point you will hand them over to the installer.
    3.7 Most boiler changes are completed within 1 day but occasionally the works take 2 or more days where jobs are more complex. If your job is likely to take longer than 1 day, we will notify you in advance of your installation date.
    3.8 You must provide us (or the Network Installer) with unfettered access to your premises in order to enable the services to be carried out efficiently. You must also allow the installer access to electrical outlets and to a supply of running water.
    3.9 As part of the provision of the services, we (or the Network Installer) will:
    3.9.1 treat your heating system by chemicals around your pipework to remove the harmful residues that build up in all heating systems over time;
    3.9.2 install a new filter; and
    3.9.3 provide a full demonstration of the installed system and its controls.
    3.10 On completion of the installation works, you will be asked to inspect the works and to sign-off on them via the Platform. By doing this you are confirming that you are happy with the works that have been carried out.
    3.11 It will be your responsibility to arrange for your boiler to be serviced on an annual basis. Your boiler warranty depends on effective annual servicing so this is very important.
  4. The Products
    4.1 The images of the products we supply as part of our provision of the heating, gas and/or plumbing services on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    4.2 If we are sourcing any products to measurements you have given us, you are responsible for ensuring that those measurements are correct.
    4.3 If we (or our Network Installers) provide any sketches, plans, diagrams or similar documents, those are intended for illustrative purposes only and are not intended to provide a precise specification or to guarantee specific results.
    4.4 All boilers will be covered by the relevant manufacturer warranty selected by you.
  5. Supplying the Products and Services
    5.1 We are under a legal duty to supply products and services which are in conformity with the contract we have entered into with you.
    5.2 The costs of delivery of any products we supply as part of our provision of the heating, gas and/or plumbing services will be as displayed to you on our Platform (if applicable).
    5.3 We will agree with you when we will provide the services (and products) to you. We will begin the supply of the services on the date agreed with you. The estimated completion date for the services will also be notified to you.
    5.4 If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products and services you have paid for but not received.
    5.5 If no one is available at your address to take delivery of products we have agreed to supply and the products cannot be posted through your letterbox, this will result in your installation date being delayed because the installer will not be in possession of the materials required in order to carry out the installation services. In these circumstances, we may charge you for storage costs, any further delivery costs and an abortive fee in respect of the installer’s wasted time.
    5.6 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.
    5.7 We need certain information and co-operation from you so that we can supply the services, for example, the information listed in clauses 3.1.1 – 3.1.4. If you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  6. Price and Payment
    6.1 The price of the product(s) and services (which includes VAT) will be the price indicated on the Platform when we confirm the price to you after the pre-installation survey has taken place. We take all reasonable care to ensure that the price of the products and services advised to you is correct.
    6.2 If the rate of VAT changes between your order date and the date we supply the products and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the product and/or services in full before the change in the rate of VAT takes effect.
    6.3 You must pay for the products and services in advance, before we start providing the services. We accept payment via our Platform via the payment methods shown which include electronic bank transfer, credit or debit card. If you choose to pay via electronic bank transfer, we will need to wait for the funds to clear before providing any products and/or services. Alternatively, you may put a finance (or loan) arrangement in place in order to pay us for the products and services.
  7. Your Rights to Make Changes
    If you wish to make a change to the products or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s) and services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9).
  8. Our Rights to Make Changes
    8.1 We may change the products we supply:
    8.1.1 to reflect changes in relevant laws and regulatory requirements; and
    8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat or anything we consider to be a safety issue.
  9. Your Rights to End the Contract
    9.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
    9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a product repaired or replaced or a service re-performed or to get some or all of your money back);
    9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
    9.1.3 If you have just changed your mind about the product or services, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
    9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
    9.2 If you are ending a contract for a reason set out at clause 9.2.1 to 9.2.5 below, the contract will end immediately when you notify us and we will refund you in full for any products or services which have not been provided and you may also be entitled to compensation. The reasons are:
    9.2.1 we have told you about an upcoming change to a product we are due to supply, or to the services or these terms which you do not agree to;
    9.2.2 we have told you about an error in the price or description of a product or the services you have ordered and you do not wish to proceed;
    9.2.3 there is a risk that supply of the products and services may be significantly delayed because of events outside our control;
    9.2.4 we have suspended supply of a product we are due to supply for technical reasons; or
    9.2.5 you have a legal right to end the contract because of something we have done wrong.
    9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products/services bought online you have a legal right to change your mind within 14 days and receive a refund.
    9.4 You do not have a right to change your mind in respect of:
    9.4.1 services, once these have been completed, even if the cancellation period is still running; or
    9.4.2 any products which become mixed inseparably with other items after their delivery.
    9.5 How long you have depends on what you have ordered and how it is delivered e.g.
    9.5.1 In relation to the products – you have 14 days after the day you receive the products unless they are split into several deliveries over different days in which case, you have until 14 days after the day you receive the last delivery to change your mind about them.
    9.5.2 In relation to the services – you have 14 days after the day a contract comes into existence between us via your acceptance of the price via the Platform. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products and/or services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
  10. How to End the Contract With Us (including If You Have Changed Your Mind)
    To end the contract with us, please let us know using the contact details at the beginning of these terms.
  11. Returning Products After Ending The Contract
    11.1 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call us to make arrangements. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
    11.2 We will pay the costs of return:
    11.2.1 if the products are faulty or misdescribed; or
    11.2.2 if clause 9.2.1 – 9.2.5 applies,
    in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    11.3 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
    11.4 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    11.5 If you are exercising your right to change your mind:
    11.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    11.5.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 – 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    11.5.3 for services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    11.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    11.6.1 for products if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us;
    11.6.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  12. Our Rights to End the Contract
    12.1 We may end the contract with you at any time by writing to you if:
    12.1.1 you do not make any payment to us when it is due;
    12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products and/or services;
    12.1.3 you do not, within a reasonable time, allow us to deliver the products and/or services; or
    12.1.4 you do not allow us access to your premises to supply the services on the pre-agreed date(s).
    12.2 If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  13. Our Responsibility for Loss or Damage Suffered By You
    13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
    13.3 When we are liable for damage to your property. We will make good any damage to your property caused by us whilst providing services in your property. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    13.5 Sometimes when traditional low pressure, open vented installations are replaced by sealed system installations, pre-existing system components may prove to be unsuitable due to age or performance criteria resulting in breakdown or non-performance. This may occur when heating only boilers are replaced by sealed system or combi boilers. We do not accept any liability for resultant call-outs or work required where this occurs.
  14. How We May Use Your Personal Information
    We will only use your personal information as set out in our privacy policy
  15. Other Important Terms
    15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
    15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact us for details. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
    SCHEDULE 1

MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To:
Agency Supplies Limited t/a PlumbAgent
141 Cot Lane
Kingswinford
West Midlands
DY6 9SA
Company number: 11084252

I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following products []/for the supply of the following services [], Ordered on []/received on [] Name of consumer(s): []
Address of consumer(s): [] Signature of consumer(s) (only if this form is notified on paper): []
Date: [*]

[*] Delete/populate as appropriate