Century Plumbing Heating Mechanical Electrical LLP (“Century”)
Terms & Conditions
- All contracts will be on these conditions to the exclusion of all other terms and no variation of them will be valid unless agreed in writing by one of Century’s directors. Your order shall not be deemed accepted until Century issues a confirmation of order following a credit check which is satisfactory to Century.
- Century’s quotations are valid for 30 days from the date Century issues them. You must add value added tax plus any duties, levies, packaging, carriage costs and insurance costs applicable to the price, which You shall pay. Century reserves the right to request payment on account before work is carried out.
- Century’s quotation will include the lifting and placing back down of normal floor boards, where necessary, but You will be responsible for removing carpets, lino, rubber, parquet, tiles, hard wood and all other floor coverings before work is carried out. Century accepts no liability for making good floor coverings.
- Unless specifically stated to the contrary, Century’s quotation will not include making good external surfaces, external or internal decoration, painting of radiators and/or pipework, redecoration, additions to cold water and secondary services or permanent reinstatement of excavations.
- Provision for earthing electrical installations by cross-bonding of mains gas and water pipes shall be entirely Your responsibility.
- If the deliveries of goods or performance of services are suspended or varied or required outside of Century’s normal working hours at Your request, Century shall be entitled to make a reasonable charge for the extra costs incurred.
- You must pay Century in full within 7 days from the date of its invoice without any deduction, set-off or withholding. Century invoices will be issued on a calendar monthly basis up to the full value of the works executed and materials delivered to site. You must pay Century on time and Century must have cleared funds. If not, Century may cancel the Contract and suspend further deliveries of goods or performance of services to You until payment of all outstanding amounts is made in full. PLEASE ALSO READ PARAGRAPH 15. If Your cheques do not clear upon first presentation, Century reserves the right to charge you an administration fee of £10.
- If You are late in paying Century, in addition to any other remedy we may have, Century may claim interest from You under the Late Payment of Commercial Debts (Interest) Act 1998. Any delay or default by You in paying Century will render all sums due to us payable forthwith.
- All delivery and performance times and dates are estimates only and are not of the essence. "Delivery” means when the goods are collected by You or the services are provided by Century.
- Goods and services provided by Century are on the condition that any necessary licences, authorities or permissions, including consent of landlord, are first obtained by You. Century does not undertake to survey any existing installations, and connections to pipework, water tank systems, baths, sinks, wash basins and flue installations will be entirely at Your risk. Unless specifically stated, Century will not alter the existing pipework, or install new internal pipework other than is necessary to carry out the current installation. Century shall have no liability in respect of any damage arising from the condition of the premises or the existing installation, save for the exception in clause 18.
- If You (1) request that delivery be postponed or (2) refuse to accept delivery or (3) fail to give Century adequate delivery instructions, then (a) risk of damage to or loss of the goods will pass to You and; (b) the goods will be deemed to have been delivered and; (c) Century may store the goods until actual delivery and charge You for all related costs including insurance for storage and; (d) Century may increase the price according to price lists applying at time of actual delivery and (e) Century may sell the goods at the best price readily obtainable and charge You for any shortfall below the price under the contract.
- Century shall have no liability to You for non-delivery or shortfall in the quantity of goods delivered or poor performance of the services unless You write to tell Century within 48 hours from the time of delivery or performance.
- Century warrants that on delivery, the goods will be of satisfactory quality and free from any defects in workmanship or materials and that the services will be performed with reasonable care and skill. Century gives no other warranty to You in relation to the goods or services.
- You must write to tell Century within 48 hours of delivery if You claim that there is a defect in the quality or condition of the goods or the performance of the services and You shall not be entitled to reject the goods or services and shall be bound to pay the price if You fail to do that. It is your responsibility to return defective goods to Century’s premises for inspection if Century asks You to. Where You comply with this condition, Century shall, at our option, replace or repair the defective goods or refund the price to You only.
- Risk of loss, damage or deterioration in the goods shall pass to You when despatched from Century’s premises but You shall not own the goods until Century have been paid in full for them, which means when we have received cleared funds for (a) the price of the goods and services; and (b) all other sums due to Century by You under or arising out of any contract.
- Century does not accept any liability for any damage to the installation or appliances or property caused by frost or adverse weather conditions, or any consequential losses arising therefrom.
- Until You own the goods You must hold them on Century’s behalf (but without You owning them), keep them safe, insured and separate and identifiable from all of Your other goods. If You owe Century any monies on under or arising out of any contract which are overdue, Century may (in addition to any other rights we may have) enter any land or buildings where the goods are or may be stored to repossess them and You grant us an irrevocable licence so to do. Century shall also be entitled to seek an injunction to prevent You from selling, transferring or otherwise disposing of the goods, subject always to paragraph 18.
- You may resell the goods before You own them only where; (a) that sale is in the ordinary course of your business at full market value and; (b) it is a sale of Century’s property on Your own behalf and You shall deal as principal when making such a sale. Your right to possession of the goods shall end immediately and Century may end the contract immediately if You are the subject of insolvency (or similar) proceedings or You in any way charge the goods.
- Century does not accept any liability to You or to others in connection with the contract for loss of profit, loss of business, depletion of goodwill, loss of opportunity, loss of data, loss of use, loss of contracts, loss of expected savings or interruption to your business ("Losses"). If however, we are found to be liable to You or to others for any of the Losses or for breach of contract, misrepresentation, misstatement or other tortious acts or omissions, including negligence, arising under or in connection with the contract Century maximum liability shall be the price paid by You to Century under the contract. If it is found that to limit our liability to this amount is unfair then Century shall only be liable to You for the matter described in this condition for up to £5,000.000.00 being the extent of our insurance cover.
- Nothing in these conditions excludes Century’s liability to You for fraudulent misrepresentation or for death or personal injury resulting from Century’s negligence.
- Century reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by You or change the services (without liability to You) if Century are prevented from or delayed in the carrying on of Century’s business due to circumstances beyond our reasonable control for example, industrial disputes, act of God, government actions, hostilities, terrorist attack, terrorist activity, accident, breakdown of plant or machinery, fire, flood, storm, disease, epidemic, import or export regulations or embargoes. If the event in question continues for a continuous period in excess of 20 days You shall be entitled to give notice in writing to Century to terminate the contract.
- Any notice necessary under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery or (if sent by first class recorded delivery post) forty-eight hours after posting or (if sent by first class air mail letter) ninety-six hours after posting or (if sent by fax) at the time of transmission.
- Unless the right of enforcement is expressly granted, it is not intended that a third party should have the right to enforce a provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
- No waiver by Century or any breach of the contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision and no failure to exercise or delay in exercising any right or remedy under the contract shall constitute a waiver of that right or remedy.
- If any of these conditions is, or at any stage in the future becomes invalid, illegal or cannot be enforced in law, it will not affect the other terms which will stay in force.
- If there is a dispute between You and Century, we both agree that the Courts of England and Wales will be the only courts with the power to deal with the dispute and that English law will apply.
GUARANTEE
All new appliances bought from and installed by Century will be guaranteed for 12 months from the date of installation. If within 12 months there are any faults arising from workmanship, defective parts or materials Century shall remedy them free of charge. Any disassembling, tampering, repair or damage by You or others will void the guarantee. This clause does not affect Your statutory rights.




