Terms & Conditions

PLEASE READ BELOW FOR HARBOUR GROUP CONTRACTORS TERMS AND CONDITIONS.

The following terms and conditions (referred to as “these terms”) define the “Customer” as the individual or entity for whom Harbour Group Contractors is performing the work. “The Company” or “us” refers to Harbour Group Contractors or, when applicable, a franchisee, subcontractor, or representative acting under a Franchise/Subcontract Agreement with the company.

For the purposes of these terms, “in writing” encompasses communications via email, documents displayed on a handheld device, and any signature made on a handheld screen, all of which will be considered as written.

These terms do not limit your rights regarding the quality of our work or in relation to defective or inaccurately described goods supplied as part of our service. Please note that any prices or rates provided are exclusive of VAT, which will be added at the current applicable rate.

Information Regarding Quotes

The company retains the right to refuse or decline any work at its sole discretion. If the company agrees to perform work for the customer, it will be carried out solely by authorised representatives of the company.

Any estimate or quote provided by the company may be revoked at any time before the customer submits an unqualified acceptance. Unless otherwise stated on the estimate or quote, it will be considered withdrawn if not accepted within 14 days from the date issued. The company will only be obligated to honour written quotes or estimates that have been signed by an authorised representative. Oral estimates are not binding.

Revisions to Quote

Any quote provided by the company may be revised in the following circumstances:

– If, after the company has submitted the quote, there is an increase in the cost of materials.

– If, after the company has submitted the quote, the customer requests (either in writing or orally) additional work or services not included or specified in the estimate.

– If the work is delayed due to the customer’s actions, resulting in the project not being completed within two months of the quote’s acceptance.

– If we incur additional transportation or delivery charges to carry out the services, or if extra charges are required for professional services needed to complete the work.

– If, after submitting the estimate or completing the work, it is discovered that there was an obvious error in the estimate.

– If, during the work, the quoted materials become unavailable for any reason or face longer-than-expected delivery times. In such cases, we will provide a suitable substitute, as close as possible, and adjust the price, accordingly, based on the cost di􏰀erence of the substitute materials.

Timetable for Works

If you decide to accept our quotation, we will contact you and arrange a mutually agreeable date to begin the

installation. We will contact you at the earliest opportunity should there be any delay in obtaining the goods or

services required.

There can be occasions that this timetable may need to be varied, due to, for example, poor weather or

unavailability of goods and services. We will inform you of any delay we become aware of at the earliest

possible opportunity. We would then arrange a new mutually agreeable timetable.

In the case of severe delays to the delivery of goods then you may be o􏰀ered di􏰀erent products of equivalent

specification, value and quality, so long as they are MCS certified. You can either accept that o􏰀er, wait for the

products you ordered or choose to cancel the contract.

The company will always endeavour to ensure they maintain this schedule and that individuals attend at the

agreed time. However, the company accepts no liability in respect of late/non- attendance at any site, or for

the late/non delivery of any equipment or materials. All times provided by the company are estimates only.

Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However,

if the delay incurs us in extra costs, for example sca􏰀olding, we will require that you cover these costs.

Subcontracting

We reserve the right to sub-contract some or all the work. We are responsible for ensuring that all work as carried out to the highest standards.

Your Responsibilities

You will be fully responsible for the following:

  • Ensuring that adequate protection is arranged for any goods left in work areas, or in locations where others, such as residents or workers, are or may be present.
  • Providing clear access for the company to perform the required work and making all necessary arrangements with relevant individuals or authorities for any tra􏰀ic control and signal requirements related to the execution of the work.
  • Obtaining permission from neighbours or third parties, if necessary, to allow the company to access their property for the completion of the work. The customer will indemnify the company against any claims arising from the presence of the company or its employees/representatives on neighbouring or third-party properties.
  • Ensuring the work environment always remains safe for the company and its employees/representatives while performing the work.
  • Providing standard facilities to the company at no cost, including toilet, washing, water, and electricity, and ensuring safe, easy access to the installation area.
  • For drainage works and services, if applicable, providing the company with a plan of the drain layouts if available. If no plan is provided, the company reserves the right to charge additional fees at the applicable rate for any blockages in drains not identified or covered by the customer.
  • It is the customer’s responsibility to provide an asbestos register and a Legionella risk assessment prior to any work being carried out by Harbour Group Contractors on a commercial premisis. These documents are essential for ensuring the safety of both our team and your property. If either the asbestos register or Legionella risk assessment is not provided, we will not be held responsible for any issues, damages, or health risks arising from the presence of asbestos or Legionella. If these documents are available, The customer must show these documents are in place and shared with us before the commencement of any work to avoid any potential complications. If any Asbestos or suspicious asbestos is present, then this could cause hold up on pre agreed deadlines/time frames and must be seen to in a professional manor. This may also change the quote/estimate.

By instructing the company to proceed with the agreed-upon works, it is assumed that the customer has obtained all necessary permissions as outlined above. The customer will be held liable for any losses or damages, whether direct, indirect, or consequential, su􏰀ered by the company due to the customer’s failure or delay in meeting the responsibilities listed above.

Liability

The company agrees to repair any defects in completed work that arise within 6 months of the completion date, provided the defect results from the company’s failure to meet its obligations under this contract. The customer must notify the company of any defects in writing within this period and allow the company and its insurers the opportunity to inspect the work and any alleged defects. This inspection applies only to work completed by the company that has been fully paid for by the customer.

Unless required by law, the company’s liability is limited to:

  • Repairing or rectifying any defects as outlined in this agreement.
  • Liability for personal injury or death resulting from negligence during the company’s work.
  • The reasonable cost of repairing or restoring damage to the customer’s property caused by the negligence of the company or its employees, agents, franchisees, or subcontractors.

The company will not be responsible for any loss, damage, or failure to deliver goods caused by circumstances beyond our control, including:

  • The company is not liable for damage to any part of a property if the damage is due to a defect or weakness inherent in that part of the property.
  • The company will not be liable for damage incurred while investigating or repairing plumbing, gas, or drainage systems, including blockages. This includes, but is not limited to, removal of bathroom suites, tiles, floor coverings (e.g., carpet, laminate, tiles), and internal/external walls where pipework is routed.
  • The company is not responsible for defects caused by misuse, intentional acts, or poor workmanship by the customer or any third party working under the customer’s direction.
  • The company will not be responsible for any damage to wallpaper, paint, tiles, carpets, furniture, etc.
  • Silicone work is not covered under any warranty.
  • The company is not responsible for the removal of waste materials; the customer must handle the disposal of all waste materials resulting from the company’s work. (unless specified)
  • The company will not be held liable for any damage to frozen pipes attended by the company and cannot guarantee to clear blockages in frozen pipes or drainage systems.
  • Carpets or flooring may need to be lifted to install pipework. While the company will make e􏰀orts to restore the carpet/flooring, no liability will be accepted for any damage unless it results from the company’s negligence.
  • It is the customer’s responsibility to protect their furniture, furnishings, fixtures, and fittings. The company will take reasonable care to avoid damage but recommends removing any items considered at risk. If items remain in the working area, the customer must cover them.
  • If flues pass through an outside wall, the company will take reasonable steps to ensure the hole is filled to match the existing wall finish, though perfect matching cannot be guaranteed.
  • The company is not liable for damage caused by substandard partition walls that lack adequate support for load-bearing items.
  • Gas and water pipes will be installed and insulated according to appropriate standards, and pipework will be concealed where possible, at the company’s discretion.
  • Power flushing of a central heating system may sometimes reveal previously undetectable faults. The company is not responsible for any such pre-existing conditions or resulting damage.
  • Installing a new boiler will not affect individual radiators, but if pre-existing faults are found, radiators may need to be replaced, incurring additional charges.
  • The company is not liable for any damage to pottery during the removal or replacement of taps unless caused by negligence. The condition of the bath or basin may be unknown, and any pre-existing cracks or damage could cause issues during removal.
  • If damage occurs to premises or property other than goods being moved or stored, the customer must notify the company as soon as possible. Thecompany is not liable for such damage unless it results from negligence or breach of contract, and the liability is limited to repairing the damaged area.
  • If new pipework needs to be installed during a boiler installation due to di􏰀erences in pipe diameter, an additional charge may apply. If damage occurs while moving goods at the customer’s request, against the company’s advice, the company is not liable. The company’s guarantee only covers work directly performed by the company and its employees. Work performed by agents or subcontractors will be subject to their own respective guarantees.

Transport and Storage of Goods.

  • We are not liable for goods that are confiscated, seized, damaged, or removed by Customs Authorities or any other Government Agencies, unless such actions are directly caused by our negligence or breach of contract.
  • With two months’ notice, we have the right to request that you remove your goods from our custody and settle all outstanding payments. If you fail to pay the full amount owed, we may sell or dispose of some or all of the goods without further notice. The costs associated with the sale or disposal will be charged to you, and the net proceeds will be applied to your account. Any remaining surplus will be available to you, but without interest. If the total amount due is not fully paid, we reserve the right to pursue recovery of the remaining balance.

Goods Belonging to Us

  • Any goods that belong to us and have been delivered to you must remain clearly identifiable as our property. Until ownership of the goods is transferred to you, they should be stored in a manner that protects them from damage and kept in their original packaging. If you have concerns about the safety of the goods or believe they may pose any hazard, you should contact us immediately.
  • If you choose to terminate the contract for any reason, we will coordinate with you to arrange the collection of the goods. In such cases, we will reimburse you for any funds you spent purchasing a portion of the goods. However, if you fail to make reasonable and appropriate arrangements for the goods to be collected, we reserve the right to take legal action to recover the goods or their value. Any reimbursement may be reduced by the reasonable costs we have incurred.
  • For bespoke materials, full payment may be required upfront before the materials can be ordered. If non-refundable goods, such as bespoke materials, are included in the quote and you terminate the contract, you will be responsible for these costs.

Cancellation

If you decide to cancel after the 14-day cancellation period, you may be required to cover reasonable costs for any losses we have incurred. We will strive to keep these costs as low as possible. If you have already made a deposit or advance payment, we may retain all or part of this payment to o􏰀set these costs. If we have agreed that the work will begin before the cancellation period ends and you cancel the order, the cancellation period will not apply, and costs may still be incurred within the 14-day window.

If you cancel the contract without our consent, you agree to indemnify the company against any losses, damages, claims, or actions arising from the cancellation, unless we have agreed otherwise in writing. This is without prejudice to our right to receive payment.

You are entitled to cancel the contract if there is a significant delay in our ability to complete the agreed work due to reasons within our control but outside of yours. In such cases, you will receive a full refund.

If we are in serious breach of our contractual obligations, you have the right to cancel the contract, request repairs or replacements, or seek compensation. However, these remedies are only available if the goods or services are inaccurately described or not suitable for their intended purpose. You will not be entitled to these actions if you simply change your mind after the cancellation period.

In the event of cancellation, the company may deduct from any deposit paid to cover the loss in value of goods supplied if the loss is due to unnecessary handling by you. You are responsible for the safe return of any goods that need to be returned to the company because of your cancellation.

Reimbursements will be made using the same payment method you used for the initial transaction, unless otherwise agreed. You will not incur any fees for the reimbursement.

If bespoke materials were ordered and there are return costs, you will be solely responsible for those charges.

To meet the cancellation deadline, your communication must be sent before the cancellation period expires. If you send your cancellation notice by post, it is recommended that you keep proof of postage, such as a certificate of posting or

recorded delivery slip. We advise sending cancellation notices via email. The cancellation notice is considered served once it has been posted or sent.

Payment

Bespoke materials may require full payment upfront before they can be ordered.

You are expected to make payments as outlined in the quotation when they are due. The final payment will be required upon completion of the work. If you fail to make any agreed-upon payment, we may suspend work. Additionally, if you do not settle the amount specified in an invoice by the due date, we reserve the right to charge interest on the outstanding amount until it is paid.

For any services or work provided by the company that is subject to snagging, the customer agrees to pay 95% of the total invoice amount immediately upon completion of the work. The customer must also provide prompt access to allow snagging to be completed. The remaining 5% of the balance will be due once the snagging is finished by the company or within 14 days of the invoice date if access is not provided – whichever occurs first.
Full payment should be made within 14 days of completion of work unless specified otherwise.

Late Payments

For any overdue sums, we will charge interest on a daily basis at a rate of 4% per annum above the current base rate of The Bank of England.

If you breach this contract by failing to make a payment on time and we suspend work as a result, you may be required to compensate us for any additional costs incurred.

Depending on the situation, we may request the return of goods. If necessary, we will pursue legal action to recover the goods or any outstanding amounts.

Under this contract, you are not permitted to withhold more than a fair proportion of the outstanding balance for any alleged defects. If you choose to withhold payment after the due date, you must notify us of your intention before the final payment date and provide an explanation for withholding the amount.

If the customer is represented by a third party (such as a managing agent, landlord, tenant, contractor, friend, family member, or any other representative), the third party will be held responsible for full payment in the event of non-payment by the customer, unless we have agreed otherwise in writing before any work begins.

Intellectual Property Rights

The company retains exclusive ownership of all content in this document, including graphics and logos. No part of this document may be copied, reproduced, or shared in any form without our prior written approval.

Transfer Ownership of Goods.

The ownership of any goods supplied by the Company to the Customer remains with the Company until full payment has been received from the Customer. Until ownership is transferred:

  • The Company retains the right to reclaim, sell, or otherwise handle or dispose of the goods, in whole or in part, for which ownership has not yet passed.
  • The Company, or its agents or authorized representatives, may enter any premises without notice where the goods are stored, kept, or reasonably believed to be, in order to exercise the above rights.
  • The Company has the right to seek a court injunction to prevent the Customer from selling, transferring, or otherwise disposing of the goods.

However, the risk of the goods passes to the Customer upon delivery. Until ownership transfers, the Customer is responsible for insuring the goods at their replacement value and must provide proof of such insurance, upon request, including a certificate or other evidence.

After Sales and Maintenance

Upon handover, we will provide you with information regarding any necessary maintenance for the systems. If, after installation, you notice any issues with the performance of our work, please consult the operating instructions. If you still have concerns, feel free to contact us. Should an inspection of our work be necessary, we will arrange it at a mutually convenient time.

If, after the inspection, it is determined that the alleged issue is not related to the work or services provided by the company, we reserve the right to charge the customer for the inspection at our standard rate. The company also reserves the right to refuse further

work if the customer cannot provide su􏰀icient evidence that the work was originally completed by the company or if full payment has not been made for the work.

Workmanship Warranty

If the Customer is not fully satisfied with the work completed by the Company, they must notify the Company in writing within 30 days. The Customer must provide the Company and its insurers an opportunity to inspect the work and perform any necessary repairs. If the Customer fails to notify the Company within this period, the Company will not be liable for any defects in the work.

The guarantee provided by the Company only covers the labour involved in the work and is valid for two years from the completion date, as outlined in the quote. If a part covered by this warranty becomes faulty, the Company will arrange for a replacement. However, the Customer will be charged for the labour at the standard rate for replacing the part, as this repair is not related to the Company’s workmanship. Manufacturer’s warranties will be void if the issue is caused by sludge or scale buildup. Similarly, any work performed within the last 6 months that is damaged by sludge or scale is not covered under the Company’s workmanship guarantee.

The warranty will be void if the work or appliance is:

  • Misused or subjected to negligence.
  • Repaired, modified, or tampered with by anyone other than a Company employee.
  • Materials supplied by the Customer will not be guaranteed, and the Company is not liable for any resulting damage or faults.
  • The Company does not guarantee work related to blockages in waste or drainage systems.
  • The Company does not guarantee work performed against the advice of the Company’s operative/engineer, whether given verbally or in writing.
  • The guarantee is only applicable to work directly performed by the Company, and payment in full must be made. Any unrelated issues that arise from work the Company did not undertake are not covered.
  • The Company is not responsible for damage or defects arising from work that was not fully guaranteed or when recommended work was not carried out.
  • The Customer assumes responsibility for any hazardous situations related to Corgi Regulations or a Gas Warning Notice issued.
  • If the Customer opts for a repair or patch-up, despite the Company’s recommendation to replace faulty materials, the Company is not liable for any subsequent faults with that repair.

If the Company agrees to perform work on installations that are over ten years old or of inferior quality, no warranty will be provided, and the Company accepts no liability for the effectiveness of such work.

The Company may seek full reimbursement from any operative/engineer/contractor whose negligence or faulty workmanship causes the Company to be liable for damages or corrections.

The Company is not liable for any delays or their consequences if caused by factors outside its control. The Company is entitled to a reasonable extension of time for fulfilling its obligations.

The Company is only responsible for rectifying work it has completed and is not liable for damage or claims resulting from overlooked or subsequently requested work that was not done at the time.

These terms and conditions can only be amended or supplemented by a written agreement signed by both a Company representative and the Customer. These terms will take precedence over any terms proposed by the Customer in any documentation sent to the Company. By entering into a contract with the Company, the Customer agrees to waive the application of any conflicting terms.

Accepting the Quote

If you accept our terms and conditions, kindly return this quote in writing and submit the requested deposit payment, if applicable. Once we receive your confirmation, we will get in touch to schedule the installation date.

Should you have any questions regarding this quotation or any related matter, please feel free to contact us.