TERMS AND CONDITIONS FOR CONSUMERS
1 – These terms and conditions apply to Absolute Drains who provide plumbing and drain services under the trade name Greenday Drainage Services
2 – It is our intention that all the terms of the agreement between us (including details of the services and any goods or materials we are to provide) are contained in this document and any quotation or estimate given by us to you. Please note that if you do not accept any of the provisions included in these Terms and Conditions, we may not be able to supply our services to you. Please let us know as soon as possible so that if agreed your changes can be included.
3 – Quotations and estimates given by us are valid for thirty days from the date they are given. However, we reserve the right to withdraw any quotation or estimate at any time prior to it being accepted by you.
4 – Where we have given you an estimate of the price payable by you for these services, in advance, for goods and materials we are to provide, we will do our best to complete the work and provide the goods and materials for the estimated amount. However, the price payable by you may be more than the estimated price, but we undertake only to increase the price by as a reasonable amount as possible, which shall reflect the actual work done.
5.1 – The price payable by you is the price stated on our invoice or estimate; or where no price is stated, our current standard price for the services provided to you. Where no sum is included in respect of VAT the price stated shall be exclusive of VAT. We reserve the right to increase the price payable by you to cover any increase in our costs in providing the services, goods and materials.
5.2 – We will endeavour to inform you in writing of any price increase made in accordance with the above clause as soon as possible, at this point you have the right to cancel the agreement between us if you do not accept the new price, provided we have not procured specialist or one off materials that cannot be returned.
6.1 – We shall invoice you for the work undertaken and any goods and materials supplied immediately after the work is done and/or the goods and materials are supplied and the total due on the invoice shall be payable by you at that time. If for any reason you do not pay the total amount due immediately you must also pay us an additional administration charge of €20.
6.2 – Where you do not pay us the total due within 14 days of the date of the invoice, in addition to the €20 administration charge set out in clause 6.1 above you must pay us interest on the outstanding amount at a rate of 1% per month or part of a month and this rate shall apply both before and after the issue of any legal proceedings we may take against you to recover any unpaid amount. You must pay us an administration charge of €40 in respect of each dishonoured cheque you give us.
7.1 – Any date or dates included in our estimate or quotation are estimated dates only and we shall not be in breach of our agreement with you for failing to start or finish work by any date given in our estimate or quote.
7.2 – If we do not start or complete the work within fourteen days of any date included in our estimate or quote you may nominate a date on which you want us to start the work or by which you want us to complete the work. If we have not started or completed the work by the date you have nominated you may cancel the agreement between us, however you will have to pay for any speciality, or one off material purchased on your behalf.
8 – When we have completed the work and/or supplied goods and materials we shall request that you to inspect the work and/or the goods and materials and we shall ask you to sign the invoice indicating receipt of the goods and materials and that the work has been done.
9 – We shall not be liable and we accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature, which is not caused by our negligence or our breach of the terms of the agreement between us.
10 – You must let us know of anything which you believe may present a hazard or danger to any person carrying out work before such work is started. You must also make sure that we have clear access to any relevant drains and covers and provide us with a supply of mains electricity and water. In the event that we incur additional work or expense as a result of your failure to provide us with clear access, to mains electricity and water, we may charge you a sufficient additional sum to cover such additional work and/or expense occurred.
11 – We will not be responsible for goods and materials where faults are caused wholly or in part by your (or any other persons) misuse or neglect of those goods and materials or as a result of normal wear and tear or for any other reason beyond our control.
11.1 – Additionally, we will not be responsible for our workmanship or goods and materials supplied by us where after inspecting the site or the equipment on which you have asked us to work and after considering the work you have asked us to do, we consider that we are unable to offer a warranty as to whether the work can be carried out successfully, in which case we shall inform you of our decision and indicate this overleaf.
11.2 – Further, we will not be responsible for any damage caused as a result of faulty or worn material or equipment, that is already on the site, prior to where we have carried out our work.
12 – Neither we nor you shall be liable for any breach of our respective obligations under the agreement between us where either of us is unable to perform those obligations because of a reason beyond our control.
13 – You will be liable for any losses or damages (including damage to our equipment) which we suffer as a result of either your negligence or your failure to observe any of your obligations under the agreement between us.
14 – in the event that security required for cash sales, there will be option of putting either putting the cost on a credit card or a 50% cash deposit upfront.
15 – Please allow 10 working days prior notice for works to allow for procurement of materials and scheduling of labour.
16 – All prices quoted for working during normal working hours, Monday to Friday, unless otherwise stated
17 – The customer is to advise Greenday Drainage Services of the presence of any high water tables in the work area where excavations are to be carried out
18 – All prices exclude heavy rock breaking or other such labour unless otherwise stated
19 – All our prices also exclude over-pumping of live drains and sewers unless otherwise specifically stated.
20 – Should the only option to clear a blockage be to use high pressure water jetting on a line that is charged (meaning filled with liquid <50% of it’s volume), Greenday Drainage Services will not be liable for any damages caused as a result of any flooding due to improper connections failing, restricted access, or improper pipe fittings used on the system we are performing works on. As the pipework in question is not always visible, these contributing factors cannot always be identified prior to works commencement and should be treated as a hazardous defect.
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
1 – These Terms and Conditions shall prevail over all others including your own and together with any quotation or tender given to you by us constitute the entire agreement between us and supersede and cancel any previous agreement or understanding. You acknowledge that in entering the agreement between us you have not relied on any representation or understanding (whether oral or in writing) which is not included or referred to in this document.
2 – Where we increase the price payable by you by more than 10% in which case you may cancel the agreement between us if you do not accept the new price, prior to our commencing the work.
3 – Where you do not pay us the Total Due within 28 days of the date of the invoice , an €20 administration charge will be payable and in addition you must pay us interest on the outstanding amount at a rate of 1% per month or part of a month and this rate shall apply both before and after the issue of any legal proceedings we may take against you to recover any unpaid amount. In exceptional circumstances we will agree to take a cheque for payment, you must pay us an administration charge of €50 in respect of each dishonoured cheque you give us.
4 – When we have completed the work we shall invite you to inspect it and to sign the invoice and your signature will constitute acceptance of the work we have done and of any goods and/or materials we have supplied.
5 – You must let us know of any dangerous gases, liquids or other materials or of anything which you believe may present a hazard or danger to any person carrying out work before such work is started. You must provide us with all the necessary details in respect of any relevant requirements specified by the Factory inspectors or similar regulatory authorities. You must also make sure that we have clear access to any relevant drains and covers and obtain all necessary consent from third parties to ensure that we have such clear access. You must provide us with a supply of mains electricity, water and cleaning facilities. If you have a plan which shows any relevant drain layouts you must provide us with a copy before we start work. If we incur additional work or expense as a result of your failure to observe your obligations set out in this clause we may charge you an additional sum in respect of such additional work and/or expense.
6 – We offer a guarantee on all blockages which have been removed using high pressure water jetting of 28 days following works being carried out. This guarantee will not cover foreign objects, excessive use of hand/toilet paper, wet wipes or grease being the cause of the follow up call out within this period. In a case such as this, it would be considered a separate issue and full payment will be due for any work carried out.
7.1 – Other than as expressly provided for in these Terms and Conditions no other warranty guarantee or other term relating to the provision of services whether implied by statute, common law or otherwise is given. No warranty, guarantee or other term relating to qualify or fitness for purpose is given in respect of goods and materials supplied by us but we shall where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us
8 – We shall have no liability to you for any loss, damage, costs, expenses or other claims arising from information supplied by you to us which is incomplete, incorrect, inaccurate, illegible or late or which arises from your breach of your obligations set out in these Terms and Conditions.
9 – Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the agreement for any loss of profit or any indirect or consequential loss, damage, costs, expenses which arise out of or in connection with the provision of services, goods and/or materials by us to you.
10 – Except in respect of death or personal injury our entire liability in respect of the agreement between us shall not exceed the amount of the price payable by you in respect of the services, goods and/or materials we supply to you under the term’s of the agreement between us or €3000 whichever is the higher.
11 – If you require us to provide services in unusual locations or circumstances you will be liable for any damage caused to any of our equipment arising from its use in such unusual locations or circumstances.
12 – Unless specifically provided for to the contrary in our quotation, estimate or tender you will be responsible for removing from the site deposits and refuse extracted by us in the course of our work. You also agree to provide at your expense such additional labour and equipment as we may reasonably require in order to enable us to carry out the work.
13 – If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be effected.
14 – Security required for cash sales (option of credit card or 50% deposit)
15 – Please allow 10 working days prior notice for works to allow for procurement of materials and scheduling of labour.
16 – All prices quoted for working during normal working hours, Monday to Friday, unless otherwise stated
17 – The customer is to advise Greenday of the presence of any high water tables in the work area where excavations are to be carried out
18 – All prices exclude rock breaking unless otherwise stated
19 – All prices exclude overpumping of live drains and sewers unless otherwise stated.
20 – Should the only option to clear a blockage be to use high pressure water jetting on a line that is charged (filled with liquid <50% of it’s volume), Greenday Drainage Services will not be liable for any damages caused as a result of any flooding due to improper connections failing, restricted access, or improper pipe fittings used on the system we are performing works on. As the pipework in question is not always visible, these contributing factors cannot always be identified prior to works commencement and should be treated as a hazardous defect.