Terms & Conditions

These Terms and Conditions apply to all services, works, quotations, estimates, inspections, surveys, reports, repairs, installations, maintenance, call-outs, emergency works and related services supplied by MS HEATING AND PLUMBING.

MS HEATING AND PLUMBING is the trading name of MS HEATING AND PLUMBING (MIDLANDS) LTD.

Registered office:
Office 1, Izabella House,
24-26 Regent Place,
City Centre,
Birmingham,
B1 3NJ.

Company registration number: 17281448

Website: www.msheatingandplumbing.co.uk
Email: info@msheatingandplumbing.co.uk

By booking our services, accepting a quotation, allowing us to attend a property, making payment, or instructing us to carry out works, the customer agrees to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

“We”, “us”, “our”, “the business” means MS HEATING AND PLUMBING, trading name of MS HEATING AND PLUMBING (MIDLANDS) LTD.

“Customer”, “you”, “your” means the person, company, landlord, managing agent, tenant, occupier or representative instructing us to attend, inspect, quote, repair, install, service or carry out any work.

“Works” means any work, inspection, diagnosis, survey, service, installation, repair, report, quotation, estimate, leak trace, access work, plumbing work, heating work, gas work, bathroom work, maintenance work or related service carried out or proposed by us.

“Property” means the address, premises, building, flat, house, commercial unit or land where the Works are to be carried out.

“Estimate” means an approximate indication of likely cost, based on the information available at the time.

“Quotation” means a fixed-price offer for a defined scope of work, subject to these Terms and Conditions and subject to any exclusions stated.

“Materials” means parts, fittings, fixtures, appliances, equipment, consumables and any other goods supplied or installed by us.

2. Our Legal Identity

All work is supplied by MS HEATING AND PLUMBING, which is the trading name of MS HEATING AND PLUMBING (MIDLANDS) LTD.

The name MS HEATING AND PLUMBING may appear on our website, vehicles, uniforms, quotations, invoices, reports, messages, social media, marketing materials, images, reviews and other business communications as our trading name.

The registered legal entity remains MS HEATING AND PLUMBING (MIDLANDS) LTD.

3. Acceptance of These Terms

These Terms and Conditions apply to all work carried out by us unless we agree otherwise in writing.

A customer will be treated as having accepted these Terms and Conditions when they:

• request a booking;
• accept a quotation or estimate;
• instruct us by phone, email, WhatsApp, text message, website form, online booking, social media message or in person;
• allow us to attend the property;
• make payment;
• allow work to start;
• use our services.

Any terms proposed by the customer, landlord, agent, insurer, contractor or third party will not apply unless we expressly agree to them in writing.

4. Quotations, Estimates and Prices

We aim to provide clear and honest pricing wherever possible.

Any quotation or estimate we provide is based on the information available to us at the time. This may include photographs, videos, customer descriptions, site visits, measurements, visible inspection, or previous job history.

A quotation or estimate may change if:

• the information provided by the customer is incorrect, incomplete or misleading;
• hidden defects are discovered;
• access is restricted;
• additional faults are found;
• further work is requested;
• parts, materials or labour requirements change;
• the condition of the property is different from what was described;
• urgent or emergency circumstances apply;
• the customer changes the agreed scope of work;
• building, plumbing, heating, gas or safety issues are discovered;
• supplier prices increase;
• specialist parts, tools, access equipment or subcontractors are required.

Unless specifically stated in writing, estimates are not fixed prices.

A fixed quotation only applies to the specific scope of work described in the quotation. Any additional work will be charged separately.

Prices shown on our website, social media, marketing material, images, adverts, videos or printed materials are for general guidance only and may change at any time. They do not form a binding offer unless confirmed by us in writing for a specific customer and specific job.

We reserve the right to correct pricing errors, typing mistakes, website errors, outdated prices or obvious omissions.

5. Website, Images, Videos and Marketing Information

Any images, videos, illustrations, icons, graphics, diagrams, prices, descriptions, service examples, reviews, case studies, before-and-after images or marketing content shown on our website, social media, adverts or printed materials are provided for general information and illustration only.

They do not guarantee that the same result, layout, finish, price, method, timescale, product, access route, repair, installation or outcome will apply to every property.

Actual results depend on the condition of the property, existing pipework, heating system, boiler, cylinder, drainage, water pressure, structure, access, materials, safety issues, customer choices and other circumstances beyond our control.

We are not responsible for any misunderstanding caused by a customer relying only on general images, general prices or general website information without receiving a specific written quotation from us.

6. Customer Information and Responsibility

The customer must provide accurate and complete information before and during the Works.

This includes, where relevant:

• full property address;
• contact details;
• parking details;
• access instructions;
• photographs and videos;
• details of leaks, faults or previous repairs;
• boiler, cylinder, appliance or system information;
• age and condition of existing installations;
• known defects;
• location of stop taps, meters, fuse boards and isolation valves;
• asbestos risks, structural issues, unsafe areas or known hazards;
• landlord, tenant, leaseholder or managing-agent restrictions;
• warranty, insurance or manufacturer information.

We will not be responsible for loss, delay, extra costs or failed attendance caused by incorrect, incomplete or misleading information supplied by the customer or a third party.

7. Access, Parking and Safe Working Conditions

The customer must provide safe, clear and reasonable access to the property and working area.

The customer is responsible for:

• ensuring an adult is present where required;
• ensuring children, vulnerable persons and pets are kept safely away from the working area;
• removing personal belongings, furniture and obstructions;
• providing access to stop taps, boilers, cylinders, radiators, lofts, basements, bathrooms, kitchens, drains and relevant areas;
• arranging parking or advising us of parking restrictions;
• providing permits where required;
• informing us of any hazards.

If we cannot safely or reasonably carry out the Works due to restricted access, unsafe conditions, parking issues, aggressive behaviour, refusal of access, missing keys, or incomplete information, we may charge for attendance and any time lost.

We reserve the right to refuse to start or continue work where we reasonably believe the working environment is unsafe, unsuitable or unlawful.

8. Attendance Times and Appointments

We will use reasonable efforts to attend within agreed appointment windows.

Appointment times are estimates and are not guaranteed unless expressly confirmed in writing. Delays may occur due to traffic, emergency calls, supplier delays, previous jobs overrunning, parking problems, weather, safety issues or circumstances outside our control.

We will not be liable for losses, inconvenience, missed appointments, loss of earnings, loss of rent, loss of business, parking charges, travel costs or other indirect losses arising from late attendance, rescheduling or cancellation where this is outside our reasonable control.

9. Diagnostic Work

Some faults require investigation before the cause can be confirmed.

Where diagnostic work is carried out, the customer agrees that:

• diagnosis is a process and may require staged investigation;
• more than one visit may be required;
• faults may be hidden, intermittent or caused by several issues;
• replacing one faulty part may reveal further faults;
• tracing a leak or fault may require access, opening up, lifting floors, removing panels, cutting access holes or using specialist equipment;
• we cannot guarantee that every fault will be identified within the first hour or first visit.

Diagnostic charges are payable for the time, skill and attendance provided, even if the customer chooses not to proceed with the recommended repair.

10. Leak Trace, Access and Investigation Work

Leak trace and access work is investigative by nature.

The customer accepts that leaks can be hidden, intermittent, travelling from another area, affected by weather, caused by neighbouring properties, or concealed behind walls, floors, ceilings, tiles, baths, kitchens, bathrooms or fitted units.

We will use reasonable skill and care to identify the likely source of the leak. However, we cannot guarantee that a leak will always be found immediately or without access work.

Where access work is required, this may involve:

• lifting floor coverings;
• removing bath panels;
• cutting inspection holes;
• removing tiles;
• opening ceilings or walls;
• removing boxing;
• moving appliances;
• isolating pipework;
• exposing concealed services.

Unless agreed in writing, making good, redecoration, tiling, plastering, flooring, joinery or reinstatement after access work is not included.

Any report we provide is based on our findings at the time of inspection. We are not responsible for later changes, further leaks, hidden defects, third-party damage, customer alterations or incomplete information supplied to us.

11. Materials, Parts and Appliances

Materials and parts supplied by us remain our property until paid for in full.

Where we supply parts, appliances or materials, manufacturer warranties may apply. We are not responsible for manufacturer defects, product recalls, supplier delays or discontinued parts.

Where a customer supplies their own parts, appliances or materials, we are not responsible for their quality, suitability, warranty, compatibility, missing components, faults, damage, performance or failure.

We may refuse to install customer-supplied materials if we believe they are unsafe, unsuitable, poor quality, non-compliant or likely to cause future problems.

12. Existing Systems and Hidden Defects

We are not responsible for the age, condition, design, installation quality, compliance, weakness or failure of existing systems, pipework, valves, cylinders, boilers, radiators, fittings, pumps, drains, tanks, electrics, controls, tiles, floors, walls, ceilings, decorations or structures.

When working on older or previously installed systems, there is a risk that existing components may fail when disturbed. This includes seized valves, brittle pipework, weakened fittings, old seals, corroded parts, poor previous workmanship or concealed defects.

We will take reasonable care, but we will not be liable for damage, failure, leaks or additional work caused by pre-existing defects, poor previous installation, age-related deterioration or hidden conditions.

13. Gas, Heating and Safety

Gas work will only be carried out by suitably qualified Gas Safe registered engineers where required.

We may refuse to work on or reconnect any appliance, pipework, flue, installation or system that we reasonably believe is unsafe, non-compliant or dangerous.

Where safety defects are identified, we may be legally or professionally required to advise the customer, isolate an appliance, issue warning notices, classify an installation as unsafe, or recommend further action.

The customer must not use any appliance or system that has been identified as unsafe until it has been made safe by a competent person.

14. Payment Terms

Payment terms will be confirmed on the quotation, invoice, booking confirmation or written communication.

Unless otherwise agreed in writing:

• call-out, diagnostic and inspection charges are payable on attendance or completion of the visit;
• repair and small works invoices are payable immediately on completion;
• larger works may require a deposit before materials are ordered or dates are secured;
• staged payments may be required for larger jobs;
• final balance is payable on completion, unless otherwise agreed in writing.

We may withhold certificates, guarantees, reports, completion documents or further attendance until payment has been made in full.

All payments must be made by approved payment method. We do not accept deductions, set-offs or withheld payments unless agreed by us in writing.

15. Deposits

Deposits may be required to secure booking dates, order materials, allocate engineers or commence preparation.

Unless we agree otherwise in writing, deposits may be used towards:

• administration;
• planning;
• survey time;
• engineer allocation;
• ordering materials;
• supplier charges;
• cancellation losses;
• restocking charges;
• preparation work.

If a customer cancels after materials have been ordered, engineers allocated, or preparation work started, we may deduct our reasonable costs from any refund due.

Special-order, bespoke, non-returnable or customer-specific materials may not be refundable.

16. Late Payment and Debt Recovery

If payment is not made when due, we reserve the right to:

• suspend further work;
• cancel future bookings;
• withhold documents, reports, certificates or guarantees;
• charge interest where permitted by law;
• recover debt collection costs;
• instruct debt recovery agents or solicitors;
• take legal action.

For business customers, we may claim interest, compensation and reasonable recovery costs under applicable late-payment legislation.

For domestic customers, we may charge reasonable administration, collection and legal costs where payment is overdue and recovery action becomes necessary.

17. Cancellation by the Customer

Customers must give as much notice as possible if cancelling or rearranging an appointment.

Where a customer cancels late, refuses access, is not present, provides incorrect details, or prevents work from proceeding, we may charge for attendance, travel, lost time, administration and any materials already ordered.

For certain distance or off-premises contracts, domestic customers may have statutory cancellation rights. However, if a customer asks us to attend urgently, requests work to start within the cancellation period, or agrees for work to begin, the customer may be required to pay for work already carried out, materials supplied and reasonable costs incurred.

Emergency, urgent repair and call-out services may not be cancellable in the same way once attendance or work has started.

18. Cancellation by Us

We may cancel, suspend or rearrange work where:

• payment has not been made;
• access is not provided;
• the working area is unsafe;
• required parts are unavailable;
• customer information is incomplete or misleading;
• abusive, threatening or unreasonable behaviour occurs;
• the scope of work changes materially;
• specialist work is required outside our agreed scope;
• circumstances arise outside our reasonable control.

Where we cancel due to our own fault and no work has been carried out, we will refund any money fairly due.

19. Workmanship Guarantee

We aim to carry out all work with reasonable skill and care.

Where we provide a workmanship guarantee, it applies only to the labour carried out by us and only where:

• the work has been paid for in full;
• the customer has used the system correctly;
• no third party has interfered with the work;
• the defect is reported to us promptly;
• we are given reasonable opportunity to inspect and put right any agreed defect.

The workmanship guarantee does not cover:

• customer-supplied parts;
• manufacturer defects;
• misuse, neglect or lack of maintenance;
• existing system faults;
• poor previous workmanship;
• third-party interference;
• damage caused by other contractors;
• accidental damage;
• blocked drains caused by use, misuse or external factors;
• leaks or faults from areas we did not work on;
• wear and tear;
• corrosion, scale, sludge, debris or poor water quality;
• pressure issues;
• frozen pipes;
• structural defects;
• movement, settlement or building defects;
• any issue not directly caused by our workmanship.

20. Complaints and Opportunity to Put Things Right

If the customer believes there is a problem with our work, they must notify us in writing as soon as possible and within a reasonable time.

The customer must provide:

• name;
• address;
• invoice or job reference if available;
• date of work;
• clear explanation of the issue;
• photos or videos where possible.

We must be given reasonable access and reasonable opportunity to inspect and, where appropriate, put right any agreed defect.

If the customer instructs another contractor, alters the work, removes parts, disposes of evidence, prevents inspection, or carries out remedial work before giving us a reasonable opportunity to inspect, we may not be liable for those costs or any alleged defects.

False, exaggerated, misleading or dishonest claims may be rejected and may be treated as a breach of these Terms and Conditions.

21. Photographs, Videos and Job Records

We may take photographs and videos before, during and after work for legitimate business purposes, including:

• recording job condition;
• evidencing work carried out;
• preparing quotations;
• supporting invoices;
• protecting against false claims;
• insurance purposes;
• technical review;
• training;
• complaint handling;
• legal protection;
• quality control.

We will take reasonable care not to include personal or sensitive information unnecessarily.

Where images or videos are used for marketing, we will aim to avoid identifying customers personally unless consent has been obtained or identifying details have been removed.

The customer must not falsely claim that our images, videos, reports or job records are inaccurate without evidence.

22. Customer Reviews, Online Comments and Defamation

We welcome honest and fair feedback.

However, customers must not publish false, misleading, abusive, defamatory or malicious statements about us, our staff, engineers, subcontractors or business.

Where a customer publishes false or misleading allegations, we reserve the right to:

• respond publicly where appropriate;
• request evidence;
• request removal or correction;
• use job records, images, invoices and communications to defend our position;
• take legal advice;
• pursue legal remedies where necessary.

Nothing in this clause prevents a customer from making a genuine complaint or leaving an honest review.

23. Liability

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded.

Subject to the above, our liability is limited to the reasonable cost of putting right defective workmanship directly caused by us.

We will not be liable for:

• indirect losses;
• loss of profit;
• loss of business;
• loss of rent;
• loss of opportunity;
• loss of goodwill;
• inconvenience;
• stress;
• time off work;
• alternative accommodation;
• consequential loss;
• pre-existing defects;
• hidden damage;
• damage caused by third parties;
• damage caused by customer misuse;
• damage resulting from delay where outside our reasonable control.

Our total liability will not exceed the amount paid by the customer for the specific work giving rise to the claim, except where the law does not allow such limitation.

24. Insurance and Third-Party Claims

Where works relate to insurance claims, reports, leak trace, access works or damage investigations, the customer remains responsible for checking with their insurer what is covered.

We do not guarantee that an insurer will approve, pay, accept or rely on any quotation, report, invoice, photograph, video or recommendation.

Any report or quotation is based on our professional opinion at the time of inspection and on the information available.

We are not responsible for insurer decisions, rejected claims, policy exclusions, excess payments, delays or disputes between the customer and insurer.

25. Waste Removal

Unless agreed in writing, waste removal is not included.

The customer is responsible for disposal of general waste, old parts, packaging, rubble, tiles, flooring, sanitaryware, appliances or other materials unless we have specifically included waste removal in the quotation.

Where waste removal is agreed, additional charges may apply.

26. Permits, Permissions and Building Restrictions

The customer is responsible for obtaining any required permissions, including:

• landlord permission;
• leaseholder permission;
• freeholder permission;
• managing-agent permission;
• parking permits;
• building access permission;
• neighbour access;
• listed-building consent;
• insurance approval;
• building-control approval where required.

We are not responsible for delay, loss or additional cost caused by missing permissions.

27. Subcontractors and Specialist Contractors

We may use trusted subcontractors, specialist contractors or partner engineers where appropriate.

We remain responsible for the work we directly contract to provide, subject to these Terms and Conditions.

Where the customer directly instructs a third-party contractor, that contractor is not our responsibility.

28. Force Majeure

We will not be liable for delay or failure caused by circumstances outside our reasonable control, including:

• severe weather;
• traffic disruption;
• illness;
• accidents;
• supplier failure;
• material shortages;
• strikes;
• power cuts;
• gas, water or electrical supply issues;
• emergency incidents;
• legal restrictions;
• acts of God;
• events beyond our reasonable control.

29. Intellectual Property

All website content, wording, images, videos, reports, quotations, templates, documents, icons, graphics, branding, business processes and materials created by or for us remain our property unless agreed otherwise in writing.

Customers must not copy, reuse, reproduce, edit, publish or distribute our materials without written permission.

30. Data Protection

We process personal data in accordance with our Privacy Policy.

By using our services, the customer acknowledges that we may collect and use personal information for booking, quoting, carrying out work, invoicing, record keeping, complaint handling, legal protection and customer service.

31. Governing Law

These Terms and Conditions are governed by the laws of England and Wales.

Any dispute will be subject to the courts of England and Wales, unless consumer protection law provides otherwise.