SERVICES AGREEMENT

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Agreements
February 21, 2024

SERVICES AGREEMENT

This Services Agreement (the “Agreement”) is made and entered into by and between [Customer Name] (“Customer”) and Swift Plumber, a trading name of [Company Name], with a registered office at [Address] (“Swift Plumber”), and is effective as of the date of confirmation email acceptance by the Customer.

  • Services Provided
    • Swift Plumber will provide high-quality plumbing and drainage services to the Customer. These services will be carried out by a skilled and experienced emergency plumber who has been thoroughly verified and qualified by Swift Plumber. We take great care in selecting our emergency plumbers to ensure that they possess the necessary knowledge, skills, and experience to deliver top-notch plumbing and drainage services to our customers.
    • It is important to note that the emergency plumber arranged by Swift Plumber will be the principal party responsible for the work performed. Swift Plumber will act as the agent of the emergency plumber, facilitating the provision of the necessary services and ensuring that the work is carried out to the highest standards. However, the emergency plumber will be the party responsible for the quality and accuracy of the work performed, and will be held accountable for any issues or errors that may arise.
    • We are committed to providing our customers with exceptional service and ensuring that all work performed meets their needs and expectations. If you have any questions or concerns regarding the services provided by Swift Plumber or our emergency plumbers, please do not hesitate to contact us.

 

  1. Payment; Start and Finish Time; Rates
    • The start time shall be the arrival time of the engineer at the Customer’s property, followed by a first inspection of the work required to be undertaken. The job time will include reasonable time acquiring goods and/or other materials needed up to half an hour (30 minutes).
    • The finish time will be when the plumbing report has been submitted to the office from the relevant engineer, at which point the invoice will be issued to the Customer.
    • The rates charged by Swift Plumber are set out in the confirmation email, and will be charged per hour or part of an hour, unless otherwise specified. The Customer will be charged either by half-hour units or hourly units depending on the procedure. The following charges will apply:
      • Arrival/start time: 16:45
      • Call Out: £69
      • Procedure: Attempt to clear the blockage
      • Rate(s) (Per an hour or part of an hour): £269
      • Admin Fee: 0.15 of the bill (Decimal)
      • All charges are subject to VAT.

 

  1. Additional Charges
    • The Customer will incur an additional charge if any goods and/or other materials are used that are necessary to complete the job.
    • The engineer will be able to provide the Customer with specific information regarding the required materials upon request.

 

  1. Late Payment
    • A penalty of daily interest rates will be applied on the total amount of the invoice and possible legal action will be taken if payment is not made on completion of the job upon receipt of the invoice.

 

  1. Access to Property
    • By agreeing to this confirmation email, the Customer gives authorization for the engineer to make access if necessary, in the relevant place(s) in order to investigate plumbing issues/leaks, safely isolate, temporarily repair or permanently repair plumbing issues.
    • The Customer acknowledges that the engineer will take all reasonable care while carrying out the work, but it is not the engineer’s responsibility to conduct remedial work to what was damaged by gaining access. The Customer will ensure that the engineer has safe access to the relevant place(s) and any necessary equipment to carry out the work.
    • The Customer will indemnify and hold harmless Swift Plumber and the engineer against any loss or damage caused by the Customer’s failure to provide safe access or necessary equipment.

 

  1. Liable Payee
    • The Liable payee is the person who summons the services of Swift Plumber and accepts this contractual agreement for the above-stated procedure to be carried out. Payment is due upon completion and receipt of the invoice, which will be issued by Swift Plumber to the Liable payee. The Customer shall make payment by cash, bank transfer, or credit/debit card.
    • If there are any unforeseen circumstances such that there is a failure of communication and/or the liable payee cannot be reached, the liable payee agrees now and gives consent for any occupiers of his/her property to make payment on their behalf. The occupiers shall be required to provide Swift Plumber with their name, address, and contact information at the time of payment, and the Liable payee agrees to make reimbursement to the occupiers in early course.
    • Should there be any unforeseen incidents, disputable occurrences, or complaints regarding any aspect of the job taking place, the Customer must contact Swift Plumber (or must request the engineer to contact Swift Plumber) during the time when the engineer is working. Failure to do so may make any subsequent complaint null and void. The Customer agrees that they shall allow the engineer a reasonable opportunity to remedy the issue before contacting Swift Plumber with any complaints.

 

  1. Cooling Off Period:
    • As this is an emergency/immediate service where our quotation, your acceptance, and the service is intended to be completed in a short order and upon the first visit, there will be no cooling-off period. However, if for any reason you wish to cancel the agreement, please notify us immediately and we will endeavor to accommodate your request to the best of our abilities.
    • Once you have accepted our quotation, you agree that we can begin the work immediately and waive your right to cancel the agreement during this period. If you do need to cancel the agreement, please do so as soon as possible so that we can minimize any inconvenience and costs incurred. Swift Plumber reserves the right to charge a reasonable cancellation fee for any work already carried out or any materials ordered on your behalf that cannot be returned to the supplier. Any such fee will be communicated to you in advance and will be deducted from any refund due to you.

 

  1. Completion of Works:
    • We understand the importance of completing the works within the agreed-upon time frame, and we will make every effort to do so. However, we would like to emphasize that there may be unforeseen circumstances beyond our control that could result in delays. These include but are not limited to adverse weather conditions, third-party delays, or any other events beyond our control.
    • If any such circumstances arise, we will notify you immediately and make every effort to minimize the delay and complete the works as soon as possible. However, we cannot be held responsible for any costs, damages, or losses resulting from any such delays. We will work closely with you to keep you informed and ensure that any such delays are minimized to the greatest extent possible.

 

  1. Quality of Work:
    • We guarantee that the works carried out by Swift Plumber will be completed to a high standard and in compliance with all relevant laws, regulations, and industry standards.
    • If any defects are found in the workmanship within six months of completion, we will rectify the issue promptly and without charge. This guarantee is subject to proper use of the installed plumbing and does not cover defects caused by misuse, negligence, or any other circumstances beyond our control.
    • We will not be held responsible for any defects arising from the use of faulty materials supplied by the Customer or third-party suppliers. The guarantee will only apply to the specific work carried out by Swift Plumber and will not cover any subsequent work or repairs carried out by any other party.
    • The guarantee will be null and void if any attempt is made by the Customer or any other party to rectify the defect themselves or if the plumbing work carried out by Swift Plumber is modified or altered by any other party.

 

  1. Termination:
    • Either party may terminate this agreement at any time by giving written notice to the other party. In the event of termination, you will be liable for all costs incurred up to the date of termination, including the costs of any work carried out or materials purchased by Swift Plumber.
    • If you terminate the agreement without cause or in breach of this agreement, you will be liable for any losses suffered by Swift Plumber as a result of such termination, including but not limited to lost profits, administrative costs, and expenses incurred in sourcing alternative work to replace the cancelled job. Swift Plumber reserves the right to terminate this agreement immediately if the Customer breaches any material term of this agreement, including but not limited to non-payment of any sums due, failure to provide access to the property or any other breach of the obligations set out in this agreement.

 

  1. Liability:
    • We shall not be liable for any direct or indirect loss or damage arising from the provision of services under this agreement, except in cases of negligence or breach of contract. Our liability in such cases shall be limited to the amount paid by you for the services rendered. This limitation of liability shall apply whether the claim arises from contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such loss or damage.
    • In the event of any claim, you must notify us in writing as soon as possible, providing full details of the claim, including any relevant documentation. We will investigate the claim and, if appropriate, take corrective action. Our liability shall be limited to direct losses and we shall not be liable for any indirect or consequential losses, including but not limited to loss of profits, business, revenue, or anticipated savings.

 

  1. Force Majeure:
    • Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, fire, flood, or other natural disasters.
    • If either party is unable to perform its obligations under this agreement due to such circumstances, it shall notify the other party in writing as soon as reasonably practicable, giving details of the circumstances and the likely extent and duration of the delay.
    • The party affected by such circumstances shall use reasonable endeavors to mitigate the effects of the delay and to resume performance of its obligations as soon as reasonably practicable.
    • If the circumstances causing the delay continue for a period of more than 30 days, either party may terminate this agreement by giving written notice to the other party.
    • In the event of termination under clause 10.4, you will be liable for all costs incurred up to the date of termination. We shall not be liable for any further costs or damages arising from the termination.

 

  1. Governing Law:
    • This agreement shall be governed by and construed in accordance with the laws of The United Kingdom. Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

By responding to this email, you acknowledge that you have read, understood, and agreed to the terms and conditions of this agreement.

 

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