1. INTERPRETATION AND APPLICATION OF THESE TERMS

1.1

These Terms and Conditions (“Terms”) govern the agreement under which Hot and Cold Group (“we”, “us” or “our”) will provide plumbing, heating, drainage, bathroom installation, electrical, carpentry, appliance installation, air conditioning, building and associated services, together with any ancillary services and any materials, equipment or products (“Goods”) reasonably required to carry out those services (“Services”).

The Services may be provided on either of the following bases:

(a) an Initial Service, where you ask us to attend and carry out Services immediately or on a specified date and we have not previously inspected or attended the relevant premises in connection with those Services; or

(b) a Scheduled Service, where an estimate has been provided following an inspection or other assessment and an appointment has subsequently been arranged for us to carry out the Services.

1.2

Certain words used in these Terms have a particular contractual meaning. Such words are referred to as “Defined Terms” and are generally identified by beginning with a capital letter. Where a Defined Term appears, it will have the meaning assigned to it in the provision in which it is defined.

1.3

References in these Terms to “we”, “us”, “our” “Hot and cold Plumbing”, “Hot and cold Air Conditioning” or “Hot and Cold Group” mean Hot and Cold Group. References to “you” and “your” mean the person entering into the Contract with us and:

1.3.1

where you are an individual obtaining the Services wholly or mainly for purposes outside your trade, business, craft or profession, you are a “Consumer”; or

1.3.2

where you are not a Consumer, you are a “Business”, meaning either:

(a) the business or organisation on whose behalf you have authority to enter into the Contract; or

(b) an individual obtaining the Services wholly or mainly for purposes connected with their trade, business, craft or profession.

2. PLACING AN ORDER AND FORMATION OF THE CONTRACT

2.1

You may request our Services by telephone or email using the contact information provided in clause 12. At the time of booking, we will arrange an appropriate date and time for attendance at the premises where the Services are required (“Premises”).

2.2

The Contract between you and us will comprise these Terms together with any verbal or written estimate provided to you and accepted by you, as applicable.

2.3

If you request Initial Services, we will tell you the applicable hourly labour rate and the basis upon which Goods will be charged under clause 4.1.1 when you make your booking. If you accept those rates, we will provide you with an anticipated date and/or time of arrival. The Contract will come into effect when you accept the applicable rates and agree to our attendance at the Premises.

2.4

If an Initial Service cannot reasonably be completed during our first visit, our engineer may provide you with an estimate for the further Services and any additional Goods required (“Verbal Estimate”), calculated in accordance with clause 4.1.2. The engineer will also discuss the proposed date and time for the further work. The Contract for those further Services will be formed once you accept the Verbal Estimate and make any payment required under clause 4.5.

2.5

Where you request Scheduled Services, we will arrange a date and time to inspect the Premises (“Inspection”). Once the Inspection has been completed, we will normally send you a written estimate setting out the proposed Services and Goods, together with a copy of these Terms (“Written Estimate”). The Contract will become binding when you accept the Written Estimate either orally or in writing and make any payment required under clause 4.6.

2.6

Any estimate we provide may be withdrawn at any time before the Contract is formed. Unless otherwise agreed in writing, an estimate will automatically lapse if the relevant Services have not been completed within 30 days after the date on which the estimate was issued.

3. CANCELLATION AND RESCHEDULING

3.1

Clauses 3.1 to 3.9 inclusive apply only where you are a Consumer.

3.2

Where applicable under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a statutory right to cancel the Contract within 14 days after it is entered into without giving a reason. Further information about exercising this right is provided below.

The statutory cancellation right does not apply in the same way to Initial Services where the relevant legal requirements and exceptions relating to services commencing during the cancellation period apply.

3.3

Unless an applicable statutory exception applies, the cancellation period will end 14 days after the date on which the Contract is formed.

3.4

If you ask us to begin providing Services before the expiry of the cancellation period, you must make that request expressly.

3.5

You may exercise your right to cancel by clearly notifying us of your decision. You may do this by telephone, email or post using the contact details in clause 12. You do not have to use the model form below, although you may do so if you wish.

MODEL CANCELLATION FORM

To: Hot and Cold Group
Email: [insert email address]

I/We hereby give notice that I/We cancel my/our contract for the provision of the following services / sale of the following goods:

Ordered on / received on:

Name of Consumer(s):

Address of Consumer(s):

Signature of Consumer(s) (only where this form is submitted on paper):

Date:

Delete or amend as appropriate.

3.6

You will have complied with the cancellation deadline provided that your notification is sent before the applicable cancellation period expires.

3.7

Following receipt of your cancellation notification, we will provide confirmation that your request has been received, normally by email.

3.8

If you cancel the Contract, you may remain liable for the proportion of the Services already performed and for Goods supplied before we receive your cancellation notice, subject to your statutory rights.

This may include the cost of Goods specifically ordered for your work which cannot be returned to the relevant supplier for a full refund, any non-refundable supplier return charges, and reasonable costs incurred by us in returning Goods.

Where the Services have been fully completed before you exercise a cancellation right, you may be required to pay for the Services and Goods already provided to the extent permitted by applicable law.

3.9

Where you are entitled to a refund for Services not performed or Goods not supplied and you have already paid for them, we will process the refund without undue delay and, subject to applicable law, no later than 14 days after we are notified of your cancellation.

3.10

If you wish to cancel or rearrange an appointment and clauses 3.1 to 3.9 do not apply, you should notify us by telephone or email using the details in clause 12 no later than 17:00 on the working day preceding the appointment.

Where an appointment is cancelled or rearranged after that deadline, we may recover reasonable additional costs that we incur as a direct result.

In the event of cancellation, such costs may include the cost of Goods purchased specifically for your Services which cannot be returned at their original purchase price, supplier return charges where applicable, and our reasonable time and travel costs incurred in returning such Goods.

4. PRICES, CHARGES AND PAYMENT

4.1

The price payable for the Services and any Goods supplied by us (“Charges”) will be determined as follows.

4.1.1 Initial Services

For Initial Services, the Charges will normally comprise:

(a) the time spent by our engineer carrying out the Services;

(b) reasonable time spent obtaining or sourcing Goods which are not held in stock;

(c) the applicable hourly labour rate communicated to you when the Services were booked, excluding genuine meal or rest breaks; and

(d) the cost of Goods supplied by us for the purpose of completing the Services.

We will take reasonable steps to minimise the time required to obtain non-stock Goods and such collection time should ordinarily not exceed 45 minutes. If we reasonably expect that additional time will be required, we will explain the reason to you before proceeding.

A minimum charge equivalent to the first hour at the Premises will apply. After the first hour, time will normally be charged in 15-minute increments, rounded to the nearest 15-minute period.

4.1.2 Verbal Estimates

Where a Verbal Estimate has been provided for Scheduled Services, the total Charges will not ordinarily exceed the stated estimate by more than 10%, except where there has been an obvious or manifest error in the estimate or circumstances arise which were not reasonably apparent when the estimate was prepared.

A Verbal Estimate includes the stated cost of the Services and Goods but excludes VAT unless expressly stated otherwise.

4.1.3 Written Estimates

Where we have provided a Written Estimate for Scheduled Services, the Charges will not ordinarily exceed that estimate by more than 20%, except where:

(a) there is a manifest error in the estimate;

(b) the cost of Goods increases before the relevant Services are undertaken; or

(c) additional work or Goods become necessary or are requested in accordance with clause 4.2.

Unless expressly stated otherwise, Written Estimates are exclusive of VAT.

4.1.4 Insurance Reports

Where you request a detailed insurance report, whether requested separately or in addition to an estimate or invoice, a charge of £250 plus VAT will apply unless we have agreed otherwise in writing.

4.1.5

Where you fail to comply with your obligations under clause 5.1, we may apply the reasonable costs specified in clause 5.2.

4.1.6

A transaction charge equal to 1% plus VAT of the total Charges, including VAT, may be added to the invoice where applicable.

4.2

During the course of the Services, we may discover that further work or additional Goods are reasonably necessary to complete the job, or you may ask us to undertake additional work or provide additional Goods.

Where this occurs, we will seek your approval before incurring additional Charges wherever reasonably practicable.

If you decline the additional work or Goods and, as a result, the Services cannot reasonably be completed, we may terminate the Services. In that event, you will remain responsible for the Charges relating to Services already performed and Goods already supplied up to the date of termination.

4.3

All Charges are subject to VAT and any other applicable tax, levy or consumption charge at the rate legally applicable when the relevant Services or Goods are supplied.

4.4

For Initial Services, we may require payment of the estimated or agreed Charges in full before commencing the work. Where advance payment has not been requested, payment will be due in full immediately upon completion of the Services.

4.5

Where a Verbal Estimate has been accepted, we may require either:

(a) payment of the full estimated Charges before work begins; or

(b) a deposit equal to 50% of the estimated Charges when the Contract is entered into, with the remaining balance, including any additional amount properly incurred under clause 4.2, payable immediately upon completion.

4.6

Where a Written Estimate has been accepted, a deposit of 50% of the estimated Charges will be payable when the Contract is formed. The remaining balance, together with any additional Charges properly incurred under clause 4.2, will be due in full upon completion of the Services.

4.7

Where an estimate exceeds £20,000 excluding VAT, we may require payment by instalments rather than under the arrangements set out in clauses 4.5 and 4.6.

Unless otherwise agreed, this may include an initial payment of 50% of the Charges, including applicable VAT, when the Contract is formed, followed by interim invoices issued at reasonable intervals, which may be no less frequent than weekly while the Services and Goods are being supplied.

The outstanding balance, including any properly authorised additional Charges, will become due when the Services are completed. Interim invoices are payable immediately upon receipt.

4.8

If you are a Business with a credit account expressly approved by us, and the total Charges are less than £1,000 including VAT, payment must be made within 30 days after completion of the Services and/or supply of the Goods.

Where the total Charges exceed £1,000 including VAT, we may require 50% to be paid when the Contract is formed, with the remaining balance payable immediately upon completion of the Services and/or supply of the Goods.

4.9

Payment may be made by debit card, credit card, cash or bank transfer. We do not accept payment by cheque.

Where payment is made by bank transfer, you must use a transfer method that provides immediate or near-immediate cleared funds. Our bank details can be obtained by contacting us using the details provided in clause 12.

4.10

All sums due under the Contract must be paid in full without set-off, counterclaim, deduction or withholding unless such deduction or withholding is required by law.

4.11

Unless you clearly notify us when the Contract is entered into that you are acting as an agent for another person or organisation, you will remain responsible for payment of all Charges arising under the Contract.

4.12

Where you are a Business, we may, without affecting any other rights or remedies available to us, set off any undisputed amount you owe us against any amount that we owe you.

4.13

If any amount due under the Contract remains unpaid after its due date, we may charge interest on the overdue amount at a rate of 4% per annum above the Bank of England base rate, from the due date until payment is received in full, whether before or after judgment.

Any such interest will be subject to applicable law and will not limit any other rights or remedies available to us.

5. CUSTOMER RESPONSIBILITIES

5.1

You are responsible for:

5.1.1

providing us and our personnel with safe, clear and unrestricted access to the Premises whenever reasonably required for the purpose of carrying out the Services or fulfilling our other obligations under the Contract;

5.1.2

ensuring that our engineers, contractors and other personnel have sufficient safe working space, suitable facilities and unobstructed access to the areas in which the Services are to be performed;

5.1.3

providing, where reasonably available, any plans or other information showing the location of drainage systems, electrical wiring or other relevant installations at the Premises;

5.1.4

making available an adequate electricity supply and clean mains water supply, or another suitable water source such as a fire hydrant where reasonably necessary, to allow the Services to be completed;

5.1.5

informing us before the Services begin, or at the Inspection where applicable, if the Premises is a listed building or is situated within a designated conservation area;

5.1.6

providing suitable parking close to the Premises without charge to us and, where required, arranging and supplying any parking permit or other authorisation necessary for our vehicles;

5.1.7

obtaining, at your own cost and before the relevant Services commence, all permissions, approvals, licences and consents required for the work. These may include planning permission, building regulation approval, listed building consent, conservation area consent, landlord or freeholder consent, neighbour consent, mortgagee consent and any permission required for our personnel to cross or access third-party land. We may ask you to provide evidence that the necessary consents have been obtained; and

5.1.8

telling us, before the Services commence, about any dangerous, hazardous or potentially harmful gases, liquids, chemicals, substances, materials or other conditions present at the Premises which could reasonably present a risk to our engineers, contractors or other personnel, so that an appropriate risk assessment can be undertaken.

5.2

If you fail to meet any of the requirements in clause 5.1 and this prevents, delays or otherwise affects our ability to carry out the Services as arranged, we may recover any reasonable additional costs we incur as a consequence.

Such costs may include parking and access charges. We may charge parking costs actually incurred and, where expressly agreed, an administration or parking charge of £10 per hour plus VAT for the period reasonably attributable to the Services, subject to a maximum of three hours per day.

If we are unable, despite making reasonable attempts, to contact you or obtain the access required to carry out the Services, we may terminate the Contract under clause 7.1.1 and clause 7.2 will apply.

5.3

Where we supply Goods as part of the Services, responsibility for those Goods will generally pass to you when they are delivered to the Premises or another delivery location agreed between us, whether or not the Goods have yet been installed.

This will not apply to loss or damage resulting directly from our negligence or our breach of the Contract.

Until ownership of the Goods passes to you under this clause, you must take reasonable care of them and, where reasonably requested, maintain appropriate insurance covering their replacement value.

Ownership of the Goods will transfer to you only once we have received payment in full for those Goods.

If Goods are lost, damaged or destroyed after delivery but before payment has been received in full, you will be responsible for the reasonable cost of repair or replacement, except to the extent that the loss or damage was caused by our negligence or breach of contract.

5.4

If we issue a Gas Warning Notice or other safety notice identifying a potentially dangerous condition under or in connection with the Gas Safety (Installation and Use) Regulations 1998, you are responsible for ensuring that the defects or hazards identified in that notice are addressed without unreasonable delay.

Where the identified issue requires further work which we have recommended, you remain responsible for arranging for that work to be carried out, whether by us or another suitably qualified contractor.

6. OUR RESPONSIBILITIES

6.1

We will perform the Services with reasonable care and skill and in accordance with applicable legal requirements.

Where we supply Goods, those Goods will, subject to applicable statutory rights, be of satisfactory quality, reasonably fit for any purpose for which we have expressly confirmed they are suitable, and correspond with their description.

6.2

If you are a Business and believe that the workmanship provided by us is defective, you must notify us in writing, explaining the nature of the alleged defect, within 12 months after completion of the relevant Services.

You must give us, and where applicable our insurers, a reasonable opportunity to inspect the work before any remedial work is undertaken by another contractor.

Where appropriate, we must also be given a reasonable opportunity to rectify any defective workmanship.

If you fail to notify us within the period specified above or do not provide reasonable access for an inspection, our liability for the alleged workmanship defect may be affected to the extent permitted by law.

6.3

Subject to this clause 6 and clause 9.2.2, we provide a 12-month workmanship guarantee commencing on the date the relevant Services are completed.

The guarantee covers defects arising directly from defective workmanship by us.

The guarantee will not apply where the relevant workmanship or installation has subsequently been:

6.3.1

misused, neglected, damaged or improperly maintained by you or another person; or

6.3.2

repaired, altered, modified, adjusted, interfered with or otherwise tampered with by anyone other than us or a contractor authorised by us.

6.4

Our workmanship guarantee is separate from and additional to any manufacturer’s warranty or guarantee applicable to Goods supplied as part of the Services.

Any manufacturer’s warranty will be subject to the manufacturer’s own terms, exclusions and conditions.

6.5

We are not responsible for the quality, suitability, compatibility or performance of materials, components, appliances or other products supplied by you for incorporation into the Services.

Where you ask us to install or use customer-supplied materials or products, you remain responsible for ensuring that they are suitable for their intended purpose unless we have expressly agreed in writing to assess and accept responsibility for their suitability.

6.6

Unless otherwise required by law, our workmanship guarantee does not cover:

6.6.1

blockages within waste, drainage or other pipework systems where the cause is unrelated to defective workmanship by us;

6.6.2

work that was not performed directly by us or by a contractor authorised by us;

6.6.3

Services or Goods for which the applicable Charges remain unpaid;

6.6.4

work carried out at your express instruction where we previously advised you verbally or in writing that the proposed course of action was unsuitable, inadequate or carried a particular risk;

6.6.5

faults or failures resulting from your decision not to proceed with remedial or additional work that we had recommended; or

6.6.6

work carried out on installations, equipment or appliances that are substantially deteriorated, defective or, unless otherwise agreed, more than 10 years old.

These exclusions do not affect any rights you may have under applicable consumer protection legislation.

6.7

For Scheduled Services, we will aim to begin the work on or around the date stated in the relevant estimate or booking confirmation.

Any commencement date provided by us is an indication only unless we expressly agree in writing that a particular date is contractually binding.

6.8

Initial Services may be available on a seven-day basis, subject to engineer availability and the nature of the work required.

Scheduled Services will ordinarily be carried out during our normal operating hours of 08:00 to 18:00, on such days and at such times as we allocate.

We may agree to provide Services outside these hours where this has been specifically arranged with you.

6.9

We cannot guarantee that a blockage in a pipe or drainage system affected by freezing conditions can be successfully cleared.

We will not be responsible for damage caused by pipes or drainage systems that are already fractured, frozen or otherwise damaged, or for consequential property damage resulting from such conditions, except where the relevant damage was caused solely and directly by our defective workmanship or negligence.

6.10

We do not guarantee that the Services will be completed within a particular period unless we have expressly agreed a fixed completion date in writing.

Certain faults require diagnostic testing before their cause or precise location can be identified. For example, tracing an electrical fault or locating a blocked or damaged pipe may require several tests or investigative procedures.

We will carry out reasonable diagnostic work as efficiently as practicable, but the time required cannot always be known in advance.

7. TERMINATION OF THE CONTRACT

7.1

We may terminate the Contract with immediate effect where:

7.1.1

you commit a material breach of the Contract which materially prevents or affects our ability to provide the Services and, where that breach can reasonably be remedied, you fail to remedy it within a reasonable period after we have asked you to do so; or

7.1.2

we are entitled to terminate under clause 4.2 or clause 9.4.

7.2

Where we terminate the Contract under clause 7.1, we will refund any amount you have paid in advance relating to Services that we have not performed or Goods that we have not supplied, subject to any other sums which we are legally entitled to retain or recover.

7.3

When the Contract comes to an end for any reason, all outstanding Charges that have become due will immediately become payable, subject to any statutory rights you may have.

8. PERSONAL DATA AND PRIVACY

8.1

We will process your personal information in accordance with our Privacy Policy and applicable data protection legislation.

Our Privacy Policy will explain how we collect, use, store and protect your personal information and the rights available to you in relation to that information.

Privacy Policy: [INSERT HOT AND COLD GROUP PRIVACY POLICY URL]

8.2

You should read our Privacy Policy before entering into the Contract because it contains important information concerning the processing of your personal data.

9. LIABILITY

9.1

Nothing in these Terms excludes or restricts either party’s liability for:

9.1.1

death or personal injury caused by that party’s negligence;

9.1.2

fraud or fraudulent misrepresentation;

9.1.3

any liability that cannot legally be excluded or limited under applicable law; or

9.1.4

any other liability which applicable law requires to remain unlimited.

9.2 CONSUMERS

If you are a Consumer:

9.2.1

we will be responsible for loss or damage that is a reasonably foreseeable consequence of our breach of the Contract or our negligence.

We will not be responsible for losses that could not reasonably have been anticipated by you and us when the Contract was formed, subject always to clause 9.1 and your statutory rights;

9.2.2

we will not be responsible for loss, damage, costs or claims arising solely because you declined Services or Goods that we reasonably recommended, provided that we clearly explained the relevant recommendation and any material consequences of not proceeding.

Where appropriate, we may record on the invoice or other job documentation that recommended work was declined;

9.2.3

nothing in these Terms removes or restricts any statutory rights that you have as a Consumer.

In particular, the Consumer Rights Act 2015 provides statutory protections relating to services and Goods, including requirements concerning reasonable care and skill, conformity with description, satisfactory quality and fitness for purpose where applicable.

Where Goods are faulty, defective or do not conform to the Contract, you may have statutory remedies including repair, replacement, price reduction or refund depending on the circumstances.

Where you believe Goods supplied by us are defective or do not conform to the Contract, you should contact us promptly and, where reasonably requested, allow us an opportunity to inspect them before they are removed, altered or disposed of.

Nothing in these Terms requires you to surrender or waive any statutory right.

9.3 BUSINESSES

If you are a Business, the provisions of this clause 9.3 apply subject to clause 9.1 and to the maximum extent permitted by law.

9.3.1

Except where expressly stated in the Contract, all warranties, representations, conditions and other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law.

This includes implied terms concerning satisfactory quality, conformity with description and fitness for a particular purpose, where such exclusion is legally permitted.

9.3.2

We will not be liable to a Business for any:

(a) loss of profit;

(b) loss of revenue or sales;

(c) loss of business or anticipated business;

(d) loss or corruption of data, information or software;

(e) loss of business opportunity;

(f) loss of anticipated savings;

(g) loss of goodwill; or

(h) indirect or consequential loss,

arising out of or in connection with the Contract, whether the claim arises in contract, tort, negligence, breach of statutory duty or otherwise.

9.3.3

Subject to clause 9.1, our aggregate liability to a Business for all other losses arising out of or in connection with the Contract will not exceed the lower of:

(a) £500; or

(b) the total Charges actually payable under the relevant Contract.

9.3.4

You will indemnify us against reasonable losses, liabilities, costs and expenses arising from:

(a) your material breach of these Terms;

(b) your misuse of the Services or Goods;

(c) your failure to obtain permissions, consents or approvals for which you are responsible; or

(d) a third-party claim arising from the Premises or from your instructions, materials or equipment,

except to the extent that the relevant loss was caused by our breach of contract, negligence or other unlawful act.

9.4

Neither party will be responsible for a delay or failure to perform its obligations where the delay or failure results from an event or circumstance outside that party’s reasonable control.

Examples may include severe weather, flooding, fire, industrial action, utility failure, material shortages, supply-chain disruption, government action, road closures, public emergencies, acts of nature or other circumstances that could not reasonably have been prevented.

We will notify you where reasonably practicable if such an event materially affects the Services and will take reasonable steps to minimise the resulting disruption.

We will be entitled to a reasonable extension of time to perform the affected obligations.

If the circumstances are likely to cause a substantial or prolonged delay, either party may terminate the Contract by giving reasonable notice. If the Contract ends in these circumstances, you will only be responsible for Charges relating to Services already provided and Goods already supplied or properly ordered for the Contract, subject to any applicable statutory rights.

9.5

We will not be responsible for delays or losses arising because scaffolding required for the Services has not been erected, made available, altered or removed within a particular timeframe, unless the relevant delay was caused by our own breach of contract or negligence.

Where scaffolding is provided or arranged by you or a third party, responsibility for its availability, suitability and timing remains with the relevant provider.

10. GENERAL TERMS

10.1

Each provision of these Terms is intended to operate independently.

If any provision, or part of a provision, is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, and the remaining provisions will continue in effect.

10.2

If we do not immediately enforce one of our rights under the Contract, or allow you additional time to comply with an obligation, this will not constitute a waiver of that right or obligation.

Any waiver will only be effective if expressly confirmed in writing and will apply only to the particular circumstance for which it is given.

10.3

Any amendment, variation or addition to these Terms or the Contract must be agreed in writing by both parties, unless these Terms expressly provide otherwise or applicable law permits another method of variation.

Where you are a Business, these Terms will take precedence over any purchasing terms, standard terms or other contractual conditions you seek to impose unless we have expressly agreed otherwise in writing.

10.4

If you are unhappy with any aspect or terminate the Contract as a result of such a transfer, we will explain that right when notifying you we are required to give you under the Contract may be sent by email or post using the contact information supplied transfer or novate our rights or obligations under the Contract to another company or legal entity by giving you written notice, provided that claim or proceedings arising out of or in connection with these Terms, the Contract or the Services, including disputes of to deal with customer concerns promptly and fairly and will make reasonable efforts to investigate complaints, identify of the Services, please contact us as soon as reasonably possible using the contact details in clause 12.

We will review your complaint and seek to resolve it in accordance with our complaints procedure.

If you remain dissatisfied following our response, please tell us and we will consider whether any further resolution is appropriate.

Where appropriate, we may provide details of an alternative dispute resolution (“ADR”) service.

Unless required by law, we are not currently obliged to participate in ADR with a particular provider.

10.5 CONSUMERS

If you are a Consumer:

10.5.1

we may transfer our rights and obligations under the Contract to another organisation where this does not materially reduce or adversely affect your contractual rights.

If such a transfer takes place, we will notify you in accordance with applicable law.

Where the law gives you a right to object to or terminate the Contract as a result of such a transfer, we will explain that right when notifying you; and

10.5.2

the Contract is between you and us. Except where applicable law provides otherwise, a person who is not a party to the Contract will not have the right to enforce any of its terms.

10.6 BUSINESSES

If you are a Business:

10.6.1

the Contract constitutes the entire agreement between you and us concerning the Services and supersedes any previous agreement, understanding, discussion or representation relating to those Services.

Neither party will have relied upon any statement, representation, assurance or undertaking made before the Contract was entered into except where that statement or representation is expressly included in the Contract.

Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation;

10.6.2

any notice we are required to give you under the Contract may be sent by email or post using the contact information supplied when you placed your order.

Any notice from you to us should be sent by email or post using the contact details specified in clause 12;

10.6.3

no person who is not a party to the Contract may enforce any provision of the Contract under the Contracts (Rights of Third Parties) Act 1999;

10.6.4

you may not assign, transfer, novate, sub-contract, charge, declare a trust over or otherwise deal with any of your rights or obligations under the Contract without our prior written consent; and

10.6.5

we may assign, transfer or novate our rights or obligations under the Contract to another company or legal entity by giving you written notice, provided that this does not materially reduce the rights you have under the Contract.

11. GOVERNING LAW AND JURISDICTION

11.1

These Terms and any Contract between you and us will be governed by and interpreted in accordance with the law of England and Wales.

11.2

If you are a Consumer, you may bring proceedings concerning these Terms or the Contract in the courts of England and Wales.

If you live in another part of the United Kingdom, you may also have the right to bring proceedings in the courts of the part of the UK in which you live, where applicable law permits.

Nothing in these Terms removes any mandatory consumer rights relating to jurisdiction.

11.3

If you are a Business, the courts of England and Wales will have exclusive jurisdiction over any dispute, claim or proceedings arising out of or in connection with these Terms, the Contract or the Services, including disputes of a contractual or non-contractual nature.

12. CONTACTING HOT AND COLD GROUP

12.1

If you have a question, complaint or other matter relating to the Services or your Contract, please contact Hot and Cold Group using the contact details below.

Hot and Cold Group
Telephone: 01494 623206
Email: jamie@hotandcoldgroup.co.uk

12.2

We aim to deal with customer concerns promptly and fairly and will make reasonable efforts to investigate complaints, identify the cause of any problem and, where appropriate, take steps to prevent the same issue from occurring again.

13 Emergency Repairs and Access Works

13.1 

Where emergency repair works are required, including but not limited to burst pipes, water leaks, blocked drains, drainage failures, or any other urgent plumbing issue, we will take all reasonable steps necessary to locate, access, and repair the fault.

13.2 

The Customer acknowledges and accepts that, in order to gain access to defective pipework, drains, fittings, or associated services, it may be necessary to remove, cut, break, drill through, or otherwise disturb building materials and finishes, including but not limited to plasterboard, tiles, flooring, walls, ceilings, cupboards, brickwork, paving, decorations, and other fixtures or fittings.

13.3

Unless expressly agreed otherwise in writing, our responsibility is limited solely to carrying out the plumbing repair. We shall not be responsible for any reinstatement, redecoration, replacement, repair, or making good of any materials, surfaces, fixtures, fittings, or finishes that are removed, damaged, disturbed, or require alteration in order to access or complete the emergency repair. Any such reinstatement or remedial works shall be the sole responsibility and cost of the Customer.

13.4

By instructing us to proceed with emergency repair works, the Customer accepts the risk of reasonable and necessary access-related damage and agrees that no claim shall be made against us in respect of such damage or the cost of reinstatement, except where caused by our negligence or wilful misconduct.