1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you place your order with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are P.P.E. Limited a company registered in England and Wales. Our company registration number is 1084764 and our registered office is at 11G,22 Carlton Road, London, United Kingdom, CR2 0BS. Our registered VAT number is 307710230.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01732756799 or by writing to us at admin@poolplantexperts.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Site Visit. If you are interested in obtaining any of our services, please email us to arrange a site visit of your pool premises. Our site visits are subject to location and availability and we will not always be able to provide you with one. If we are not able to arrange a site visit, we will carry out an online or telephone assessment to get further information from you.
3.2 Quoting for our services. Following a site visit or an online or telephone assessment, we will provide you with a tailored quote for the services that you require and will set out the details of the services that we will provide and the cost of any materials. Our quote will be based on our daily rates for our engineers (including our day, night and/or weekend rates) and our then current materials price list (both of which we can provide you with on request). Where you are requiring emergency services, our quote will be based on our emergency call out rates (a copy of which is available on request). If you are happy to proceed with the quote we send to you, you will let us know.
3.3 How we will accept your order. Once you have let us know you are happy with the quote, our acceptance of your order will take place when we email you to confirm that we accept it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to provide you with a quote for our services or accept your order, we will inform you of this and will not charge you for the service. This might be because of something that came up during our site visit or online or telephone assessment, unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or the description of the service or because we are unable to meet a delivery deadline you have specified.
3.5 Dealing directly with us. It is important that you only seek our services directly through us using the “Contact” page on our website or the contact details above (and not try to obtain our services through one of our engineers, including the engineer who carries out your site visit). We will only accept instructions and/or orders via our centralised channel and will not be responsible for any arrangements you make directly with our engineers (in these circumstances, there will not be a contract between us and you will not be covered by our insurance for any work carried out).
3.6 Incorrect information. Please note that where we collect information from you as part of our site visit or any online or telephone assessment, any quotation that we provide to you will be based on the assumption that the information is correct and accurate (and compliant with applicable laws and codes). Our quote is also given on the assumption that the pool equipment will be in running order at the time when we will provide the services (unless that is the reason for our services being provided). If any information that you give us is incorrect or inaccurate, this may mean that our fees will change and/or we may not be able to carry out the services (see clause 6.5 below). If we need to carry out a further site visit, or if we cannot carry out the services, based on the incorrect information you have provided, we will charge you a reasonable fee for our costs incurred (including any costs of a second site visit) (see clause 6.5).
3.7 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR SERVICES
4.1 Our Services. Our services will be as detailed on our website or in materials that we provide to you. The services that we will provide to you will be set out in our formal quote email that we send to you in accordance with clause 3.2 above. Our services may either be a one-off provision of services or an agreement for ongoing maintenance services at a frequency and on dates and times agreed between us.
4.2 Goods. As part of our services to you, we may provide goods, equipment and/or materials to you. Any goods, equipment and/or materials that we provide to you as part of our services will be as described and match information we have given to you (if applicable), be of satisfactory quality and fit for their purpose. We do not sell goods, equipment and/or materials separately to the provision of our services. Where we refer to “services” in these terms this includes any of the goods, equipment and/or materials that we may provide to you as part of those services.
5. CHANGES TO THE SERVICES
5.1 Your right to make changes. If you wish to make a change to the services you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of the provision of the services or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to contact us to end the contract if you are able to and receive a refund for any services paid for but not received.
5.2 Our right to make changes. We may change the service to reflect changes in the relevant laws and regulatory requirements or where we recommend to you amendments to the services to suit your requirements (particularly where we have not been able to carry out a site visit). Such changes will not normally impact on the outcome of the services, but if we anticipate that it will, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PROVIDING THE SERVICES
6.1 When we will provide the services. We will endeavour to provide the services on any dates agreed with you during the order process however dates and times for the performance of the services are estimates only and we are not bound by them unless we have specifically agreed to in writing in advance. Where we are providing one-off services to you, the estimated completion date for the services will be as told to you during the order process. Where we are providing you with ongoing services, we will contact you a few days prior to each estimated date for the provision of the services to check you are still available and/or to make any alternative arrangements. Please note, for ongoing maintenance services, it is the clients responsibility to look after the pool between the visits.
6.2 We are not responsible for delays outside of our control. If our supply of the services is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 If you do not allow us access to provide services. If you do not allow us or our suppliers access to your property to perform the services as arranged (and you do not have a good reason for this) or if you do not let us know that you will not be available for the services, we may charge you additional costs incurred by us as a result which will be based on our then current hourly rates. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.4 If you do not provide suitable facilities at the premises or we cannot carry out the services due to third party works. It is your responsibility to ensure that we are provided with access to suitable facilities (such as electricity, water or lighting) in line with our instructions prior to us carrying out the services. If you do not provide us with suitable facilities to perform the services (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result which will be based on our hourly rates. If we are unable to carry out the services, we may end the contract and clause 9.2 will apply. Similarly, if we cannot carry out the services because of works carried out by a third party, we may charge you additional costs incurred by us as a result which will be based on our hourly rates and may end the contract and clause 9.2 will apply.
6.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply our services to you, for example, information about the site where the services will be provided. We will contact you to obtain any such information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply) or make changes to the services and charge you an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. Where there are additional charges or a change in the price of services, we will let you know this before we commence the services and will obtain your approval to any additional works required. We may also charge you a reasonable fee for any costs incurred by us in relying on inaccurate information. We will not be responsible for any delay to the services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.6 Reasons we may suspend the supply of our services to you. We may have to suspend the supply of a service:
6.6.1 to deal with technical problems or make minor technical changes;
6.6.2 to update our services to reflect changes in relevant laws and regulatory requirements;
6.6.3 to make changes to our services as requested by you or notified by us to you (see clause 5);
6.6.4 where we cannot contact you to make arrangements for the services or you do not provide us with certain information on time; or
6.6.5 where you allow a third party to carry out maintenance work or other works at the site which has an impact on our ability to provide the services.
6.7 Your rights if we suspend the supply of services. We will endeavour to contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.8 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due (or, if shorter, within the date that we are to provide the services), we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend our services where you dispute the unpaid invoice in good faith (see clause 11.7). We will not charge you for any services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Your rights to end the contract will depend on whether there is anything wrong with the services, how we are performing , how we entered into a contract and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or a service re-performed).
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you have just changed your mind about the service, see clause 11.5.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5);
7.2.2 we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the service may be significantly delayed because of events outside our control (for example, because of staff illness or shortages);
7.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) during the cooling off period. Generally, where services are bought online or via email or some other form of distance communication, you have a legal right to change your mind within 14 days (the “cooling off period”) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
7.4 Cancelling the contract during the cooling off period (where you have changed your mind). Where a cooling off period applies and you have provided us with your consent to start providing the services during the cooling off period and we have completed the services, you will not be able to cancel the contract (even if this period is still running). If you have a right to a cooling off period and you cancel after we have started the services with your consent, you must pay us for the services provided up until the time you tell us that you have changed your mind. Where you have requested that we provide you with emergency services (such as any urgent repairs), you will not have a right to cancel the contract and no cooling off period will apply. Please note that where an applicable cooling off period has passed, you may incur a cancellation charge if you cancel the services within 24 hours of us providing them (please see clause 11.5).
7.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
7.5.1 services, where we have carried out a site visit to your premises;
7.5.2 services, once these have been carried out and completed with your consent; or
7.5.3 any products that we provide as part of the services that become mixed inseparably with other items after their delivery.
7.6 Ending the contract for ongoing maintenance services. You can terminate a contract for ongoing services (such as monthly maintenance services) at any time. Where you no longer have the right to change your mind under clause 7.4, in order to cancel your next maintenance services visit, you will need to give us at least 60 days’ notice prior to the date on which we have agreed to carry out the next maintenance services visit. If you provide us with less than 30 days’ notice period, our contract will end after the next maintenance services visit and we will not carry out any further maintenance services. You can also alter the frequency of maintenance visits by contacting us. If you contact us to alter the frequency of maintenance services visits less than 60 days’ prior to your next maintenance services visit, the altered frequency will apply to any subsequent maintenance service visits.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. Where you have the right to end the contract and want to end it, please let us know by doing one of the following:
8.1.1 Phone or email. Call us on 01732756799 or email us at admin@poolplantexperts.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the information that we request from you as part of our site assessment that allow us to assess the services that you require;
9.1.3 you do not, within a reasonable time, allow us access to your premises to supply the services or you fail to provide us with appropriate facilities to provide the services; and/or
9.1.4 you allow a third party to carry out maintenance work or other works to the pool on the premises which impacts our ability to carry out our services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 7 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
10. IF THERE IS A PROBLEM WITH THE SERVICE
10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone us at 01732756799 or write to us at admin@poolplantexperts.co.uk
11. PRICE AND PAYMENT
11.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price set out in our fee quote. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the service you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services that we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.4 When you must pay and how you must pay. We accept payment with most credit and debit cards or bank transfers. For refurbishment works we require 50% deposit of the price of the service and any materials provided as part of the services before we start providing the services. We will invoice you for the balance of the price of the services when we have completed them. You must pay invoices for the balance of the price of the services delivered within 7 calendar days after the date of the invoice. For annual service and maintenance contract, we require payments upfront. For one off consultation or service visits we require an upfront payment and a Purchase Order number.
11.5 Cancellation costs. If you cancel any our services within 24 hours of the agreed date for us to provide them, we reserve the right to charge you a cancellation fee which will be a reasonable reflection of the costs we have incurred in you cancelling the services on short notice.
11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.8 Changes to price of ongoing maintenance services. We reserve the right to modify the price of the ongoing maintenance services that we provide to you (although we will never increase the price of your first maintenance visit). We will provide you with at least 30 days notice of any increase to the price. If you are unhappy with the price increase, you can end the contract under clause 8.1.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including that the services are provided with reasonable care and skill and for defective products under the Consumer Protection Act 1987.
12.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.3 We are not liable for business losses. If you use the services for any commercial, business or re sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We are not liable for damage caused by a third party. Where you instruct or authorise a third party to carry out any works or maintenance at the pool premises (or you carry out any maintenance work or other works yourself) and that maintenance and/or works causes damage to the pool or impacts our services, we will not be responsible for that damage. This includes where you order services directly with one of our engineers rather than through our “Contact” page on our website. We will only be responsible for damage caused directly by us.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we may use your personal information. We will use the personal information you provide to us:
(a) To supply the services to you;
(b) To process your payment for the services; and
(c) If you agreed to this during the order process, to give you information about similar services or services that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so. We will not sell or share your personal information to any third party without your permission.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts