TERMS AND CONDITIONS

The contract (the "Contract) is made when Pipeline Service Ltd (“We/Us”) receive (i) an acceptance (the 'Acceptance') from the customer (You) of a quotation from us for the work to be carried out (the "Quotation") and (ii) payment in full for the Works (as defined below). The Contract consists of the Quotation, the Acceptance and the following terms and conditions.

1 THE WORKS
1.1 We will carry out the following works (as necessary) (the “works”)
(a) repair or Install commission and connect our water service pipe suitable for the premises specified in the Quotation (the
“Premises") and /or
(b) permanent reinstatement of drives, paths and other surfaces disturbed during the Works; and / or
(c) carry out any other works included in the Quotation: and
(d) supply all necessary materials for these works.
1.2 Where changes to the Works are required, clause 6.1 and 7.2 will apply

2. EXCLUSIONS
2.1 The following activities are not included in the Works:-
(a) the matching of any permanent reinstatement of drives, paths and other surfaces to the existing surface, colour or materials;
(b) the reinstatement of fences, walls, landscaping, drainage or special surface finishes of any kind;
(c) the replacement of any plants that are damaged or destroyed;
(d) any work (including cross bonding) to the rising main, and
(e) the lifting of carpets, floorboards or chasing out of walls or floors and the like;
(f) the making good of plasterwork, cosmetic surfaces, decorative finishes, and the like other than damage caused by our negligent or defective workmanship in which shall be made good by Us at no additional cost to you.

3. LIABILITIES
3.1 We do not seek to exclude or limit our liability if something we do negligently causes death or personal injury.
3.2 For the avoidance of doubt nothing in these terms and conditions affects your statutory rights.
3.3 In respect of all other loss or damage other than death personal injury or damage to property suffered by You under this Contract, where the cause of the loss or damage is our fault or negligence our liability shall not be more than the amount you have paid us under Clause 7.1 less any amount paid by us to you under the compensation scheme relating to our Standards of Service as that apply from time to time or, in relation to damage to property only, a maximum of one million pounds (£1,000,000).
3.4 Under no circumstances do we accept liability for business loss (which includes by way of example loss of contracts, loss of profits, loss of revenue, or loss of anticipated savings in expenditure or increased costs of work) as a result of our breach of the Contract or our negligence.

4. TIME SCALES
4.1 We will:
(a) begin works as agreed with You once we receive a valid Acceptance. We may not be able to start works until relevant notices that we are required to give to the Highway Authority or other third parties have been given;
(b) normally carry out the works between the hours of 08.00 and 17.00 on our normal working days. Where works are those described in clauses 1.1 (b) or (c) the works may be carried out up to 20.00 hours on normal working days.
(c) having started the Works, complete the Works without undue delay unless delayed or prevented from doing so by events or circumstances beyond our control when we will be entitled to either reasonable additional time or in severe circumstances to terminate the Contract, and if we terminate the Contract under this clause 4.1(c), we will refund to you all payments made by You under this Contract less reasonable costs incurred.

5. INFORMATION AND ACCESS
5.1 You shall:
(a) provide accurate information in the request for a Quotation and in the Acceptance;
(b) obtain any necessary consents for the service pipe to cross land or property not belonging to the You (other than public highways). We will on request provide without charge an acceptable consent form. Before undertaking the works, You must provide to Us evidence that the necessary written consents have been obtained;
(c) provide access as necessary to the Premises and third party property and the area for the Works; and
5.2 We will assume:
(a) that the service pipe will not cross third party land (other than a public highway and land for which consents have been obtained by You in accordance 5.1 (b);
(b) in the event that You indicate to Us that You will carry out excavation works prior to Us arriving at the Premises, that such excavations works will be carried out in accordance with water regulations; and
5.3 When we arrive at the Premises, We shall carry out an inspection to confirm, so far as practicable, that the information set out in clause 5.2 and the information provided by You is correct before carrying out the Works. In the event that the information is not correct, and You did not draw this to Our attention at the time of submitting the Acceptance, then We shall be entitled to terminate the Contract immediately and will refund You any part of the payment made which has not been reasonably incurred by Us in relation to the Works at the time of termination.
5 4 In the event that You fail to comply with any part of clauses 5.1(b) to (c), then We shall be entitled to terminate the Contract immediately and will refund You any part of the payment made which has not been reasonably incurred by Us in relation to the Works at the time of termination.

6. VARIATIONS
6.1 If following a site visit (if we think one is necessary) or an inspection mentioned in clause 5.3, we consider that changes are required to the Works and/or the price of the Works as set out in the Quotation, such changes shall be deemed to be Additional Work and clause 7.2 shall apply.

7. PAYMENT
7.1 You shall make payment (including VAT when applicable) in full within 14 days of the invoice date.
7.2 In the event that additional work is necessary to complete the Works ("Additional Work") either due to: (a) an event which could not reasonably be expected to have happened; or
(b) You altering the requirements that you originally set out in the Quotation; or in the Acceptance; or
(c) You provided incorrect or incomplete information then we shall be entitled to make additional charges ("Additional Charges") to You in respect of the Additional Work. We will explain to You the purpose and content of the Additional Works. We will agree the Additional Charges with you before the Additional Work is carried out but will still remain responsible to You for carrying out the Works. The Additional Charges will be the additional cost to Us (plus VAT where applicable) incurred as a result of carrying out the Additional Work. You must make payment for the Additional Charges within 14 days of the date of the invoice. If You fail to agree to the Additional Charges, we shall not be obliged to carry out the Additional Work, nor complete the Works, and You shall be deemed to have terminated the Contract. The provisions of clause 8.1 below shall then apply.

8. TERMINATION
8.1 You may terminate this Contract at any time by giving at least one full working days’ notice but must pay to us all costs (including VAT when applicable) reasonably to be expected to be incurred by us up to the point of termination or as a result of Your termination, except where the Contract is terminated because of our breach of the Contract.
8.2 We may terminate the Contract immediately if the information given by You is incorrect and significantly affects the Quotation. We will refund to You any part of the payment made which has not been spent or committed on the Works at the time of termination.
8.3 We may terminate the Contract for the reasons set out 4.1 ( c ) or 5.3.
8.4 By giving five (5) working days’ notice in writing if Substantial Completion of all the Works (including those of the Works comprised in Stages (which have not begun) has not occurred within two hundred and forty (240) calendar days (or such longer period as may both agree in writing) of the date of the Quotation. We will refund to you any part of the payment made which has not been spent or committed on to the Works at the time of termination.

9. USE OF CONTRACTORS
9.1 We may sub-contract the whole or any part of the Works but will still remain responsible to you for the carrying out of the Works.

10. WARRANTY
10.1 We guarantee that the Works will be fit for their purpose and free from defect (except if such defects arise from improper treatment or use of them by you or those visiting your Premises or improper operation) for one year from when the Works are finished.

11. OWNERSHIP
11.1 The service pipe shall at all times belong to Us until payment has been received in full at which point it belongs to you.

12. CONFLICT, NOTICES AND JURISDICTION
12.1 If there is or appears to be any conflict or ambiguity between the Quotation and these terms and conditions, the Quotation will take precedence.
12.2 Any notice must be served by prepaid post by us or you at the relevant address shown on the Quotation
12.3 The Contract is governed by the laws of England and Wales and may be sued on only in the English or Welsh Courts.

13. SEVERENCE AND SURVIVAL
13.1 If any part of this contract is or becomes invalid, unenforceable or illegal or is declared so by a court this shall not affect the remaining parts of this contract which shall continue to be fully effective. Any provisions of this contract that by their nature or from their context are intended to continue after the termination of this contract shall do so

Registered office: Magdalene Cottage Dumpers Lane Chewton Mendip BA3 4NG
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Telephone 0800 7797131
Registered number: 7569252