Terms and Conditions

Part A: Terms for all customers

1. About us and these terms

1. We are ESCO Plumbing Ltd, a company registered in Scotland with company number SC854622, whose registered office is at 10 Broomhill Lane, Glasgow, G11 7NR. You can contact us by phone on 0141 474 2990 (24 hours a day, 7 days a week), by email at info@esco-plumbing.co.uk.
2. Our engineers who carry out gas work are registered with Gas Safe Register. Work on refrigerant circuits of air conditioning systems is carried out under F-Gas certification.
3. These terms, together with our quotation or written confirmation of the job, form the contract between you and us. If there is a conflict, the quotation or written confirmation takes priority over these terms, and Part B or Part C takes priority over Part A.
4. Communications. All communications between you and us, including requests, notices and complaints under these terms, must be made electronically by email to info@esco-plumbing.co.uk or by phone on 0141 474 2990. We will contact you by email or phone using the details you gave us, and we send quotations, invoices and documents such as gas safety records electronically. Our registered office address is given for legal identification only.

2. Definitions

1. "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession. A private individual who lets out a single home may be a consumer or a business depending on the circumstances.
2. "Business customer" means anyone who is not a consumer, including companies, partnerships, sole traders acting for their business, and landlords or letting agents acting in the course of a business.
3. "Services" means the plumbing, heating, gas, air conditioning and related work we agree to carry out, and "Goods" means any boilers, appliances, parts and materials we supply.
4. "Quotation" means a fixed price we give for defined work. "Estimate" means our best assessment of likely cost where the final cost depends on what we find.
5. "Emergency call-out" means a visit you ask us to make urgently, at any time, to deal with a leak, flood, breakdown or similar problem.

3. Quotations, estimates and the contract

1. Quotations for planned work are free. A quotation is valid for 30 days from the date it is given unless it says otherwise, and covers only the work described in it.
2. An estimate is not a fixed price. If it becomes clear that the cost will be materially higher than the estimate, we will stop and tell you before continuing, and we will not exceed the estimate without your agreement.
3. The contract is formed when you accept our quotation or estimate (by email, in writing or by phone), or when you ask us to start or attend, whichever happens first. For emergency call-outs, the contract is formed when you ask us to attend after we have told you how our charges work.
4. Our quotations are based on the information you give us and on what can reasonably be seen at a survey. If that information is incorrect, or conditions are found that could not reasonably have been seen (for example, inside walls, under floors or within existing pipework), clause 11 applies.

4. Prices and charges

1. The price will be as stated in our quotation, or, for work not covered by a quotation, calculated from our labour rates and the cost of Goods, as explained to you before the work starts.
2. For emergency call-outs and repairs we will tell you, before we send an engineer, the call-out charge, the labour rate and how time is charged, including any different rate for evenings, nights, weekends and public holidays.
3. Our quotations and price information will state whether VAT is included or applies. If the rate of VAT changes between the contract and the date of supply, we will adjust the VAT you pay unless you are a consumer and the price was given to you as a VAT-inclusive total.
4. If parking at or near the property is chargeable, we will tell you in advance and the charges will be added to the invoice only if you have agreed.
5. Disposal of old boilers, cylinders, radiators and packaging is included in our quotations unless stated otherwise.

5. Payment

1. Payment is due by the due date stated on the invoice we issue to you.
2. For larger jobs, the quotation may require a deposit before materials are ordered and stage payments as the work progresses. We will only ask for a deposit where it is stated in the quotation, and it will be no more than is reasonable to cover materials ordered specifically for your job.
3. We accept payment by bank transfer, debit card and credit card, and any other method we agree with you.
4. If a consumer does not pay on time, we may charge interest on the overdue amount at 4% a year above the Bank of England base rate from the due date stated on the invoice until payment. Late payment by business customers is dealt with in Part C.
5. If you dispute part of an invoice, please tell us promptly and pay the part you do not dispute.

6. What we need from you

So that we can carry out the work safely and on time, you agree to:

1. give us accurate information about the problem, the property and any known hazards;
2. give us safe, reasonable access to the property and the work areas at the agreed times, with parking information, door entry or key arrangements;
3. clear the work area of furniture and valuables, or tell us in advance if you need help to do so;
4. tell us about any asbestos survey, known or suspected asbestos-containing materials, and any pets, children or vulnerable people who may be affected by the work;
5. obtain any permissions needed from a landlord, property factor, other owners of common parts, or the local authority (for example for listed buildings or outdoor air conditioning units), unless we have agreed in writing to obtain them;
6. provide electricity, water and, where relevant, gas supply needed for the work and testing; and
7. if you supply Goods yourself, make sure they are suitable, complete and comply with UK standards. We are not responsible for the quality or fitness of Goods you supply, but we will tell you if we think they are unsuitable or unsafe before fitting them.

If we cannot carry out the work because you have not done these things, we may charge for wasted time and any reasonable costs we incur, and we will arrange a new visit according to our availability.

7. How we carry out the work

1. We will carry out the Services with reasonable care and skill, in accordance with good industry practice, the manufacturer's instructions and the regulations that apply, including the Gas Safety (Installation and Use) Regulations 1998 and the Building (Scotland) Regulations where relevant.
2. Goods we supply will be of satisfactory quality, fit for purpose and as described.
3. We will protect floors and furnishings in the work area with dust sheets, keep the area reasonably tidy and remove our waste.
4. Unless the quotation says so, our price does not include making good, plastering, tiling, decorating, joinery or replacing floor coverings after work that requires access to pipework or wiring. Where we have to lift floorboards or open up a surface, we will put back what we lifted as neatly as reasonably possible, but some disturbance to finishes is unavoidable.
5. We may use suitably qualified subcontractors for specialist parts of a job. We remain responsible for their work.
6. We will give you any documentation required for the work, such as gas safety records, Benchmark commissioning checklists, test results and warranty registrations.

8. Gas safety and unsafe situations

1. We follow the gas industry unsafe situations procedure. If we find a gas appliance or installation that is "Immediately Dangerous" or "At Risk", we will explain the danger, label it and, with your permission, disconnect or turn it off to make it safe. Where an appliance is Immediately Dangerous and you refuse permission, the procedure requires us to report it to the gas transporter, who has legal powers to make it safe.
2. You must not use an appliance or installation we have identified as unsafe until it has been repaired.
3. If we suspect asbestos in an area where we need to work, we will stop work in that area until its presence or absence is confirmed. Arranging a survey and any removal is your responsibility unless agreed otherwise, and the time and cost involved are a change to the work under clause 11.
4. ESCO Plumbing™ does not provide gas leak or gas emergency services. If you smell gas, phone the National Gas Emergency Service on 0800 111 999.

9. Existing installations and hidden conditions

1. Much of our work is on existing pipework, fittings and appliances, some of which may be old, corroded or poorly installed. Disturbing old components, for example turning a seized valve, draining a system or cutting into old pipework, can reveal or cause failures in parts that were already near the end of their life.
2. We will take reasonable care when working on existing installations, tell you before starting if we see a particular risk, and tell you promptly about any defect we find.
3. We are not responsible for the condition of existing components that we have not worked on, or for failures of existing components that are caused by their age, wear or pre-existing condition, unless the failure is caused by our failure to use reasonable care and skill.
4. Where we repair part of an older system, our responsibility relates to the part we repaired. We do not take on responsibility for the rest of the system unless we have agreed to.

10. Materials, ownership and risk

1. Goods become yours when you have paid for them in full. Until then, they remain ours.
2. Risk in Goods passes to you when they are delivered to the property or fitted, whichever is earlier.
3. Until you have paid in full, and if you are a business customer, you allow us reasonable access to recover Goods that have not been fixed to the property if the contract has ended because of your breach.
4. Manufacturers' warranties on boilers and appliances are given by the manufacturer under its own terms, which usually require annual servicing. We will register the warranty where the manufacturer allows us to, and give you the details. These warranties are in addition to your legal rights.
5. Old parts we remove become our property for disposal unless you ask to keep them before the work starts, for example for an insurance claim.

11. Changes, delays and events outside our control

1. If you ask for a change to the work, we will tell you whether it is possible and any change to the price and timing, and we will confirm the change before carrying it out.
2. If, once work has started, we find that extra work is needed (for example because of a hidden condition under clause 9 or asbestos under clause 8), we will stop, explain why, and give you a price. We will only do extra work with your agreement, except for the minimum needed to leave the property safe and watertight.
3. We will try to start and finish on the dates agreed, but dates are estimates unless we have specifically agreed a fixed date in writing. We will tell you as soon as we know of a delay.
4. We are not responsible for delay or failure caused by events outside our reasonable control, such as severe weather, illness, the unavailability of parts from manufacturers, supply interruptions, or acts of third parties. If such an event happens, we will tell you, take reasonable steps to minimise its effect, and agree a new date with you. If the delay is likely to be substantial, you may end the contract and receive a refund of any amount paid for Services not supplied.

12. Appointments

1. Visits, including emergency call-outs, are arranged according to our availability. We will agree a time with you by phone or email.
2. If either of us needs to change an appointment, we will let the other know by phone or email as soon as possible, and a new time will be arranged according to our availability.
3. This clause does not affect your statutory cancellation rights in Part B.

13. Ending the contract

1. Consumers may also cancel under Part B.
2. Either of us may end the contract by written notice if the other commits a serious breach and, where it can be remedied, does not remedy it within 14 days of being asked to.
3. We may end the contract by written notice if you do not pay an amount when due and still have not paid 14 days after we remind you, or if we cannot get access to carry out the work after reasonable attempts.
4. If the contract ends, you must pay for Services carried out and Goods supplied or ordered specifically for you up to that point, and we will refund anything you have paid for Services not provided.

14. Problems, complaints and disputes

1. If you are unhappy with our work, please tell us as soon as possible by phone or email. Prompt notice lets us limit any damage and put things right.
2. We will acknowledge your complaint within 3 working days, investigate it, including a return visit where needed, and give you our response within 14 days. If we need longer, we will tell you why and when you can expect our answer.
3. If the problem is with our work, we will put it right at no extra cost, as set out in Part B for consumers.
4. If we cannot resolve a complaint with a consumer, we will tell you whether we agree to use an alternative dispute resolution scheme, and give you its details. Consumers can also get free, impartial advice from Advice Direct Scotland (consumeradvice.scot), and may bring a claim in the Scottish courts, including under the simple procedure for claims up to the current financial limit.

15. Using this website

1. The information on this website is general guidance. It is not a substitute for an inspection by a qualified engineer, and you should not attempt gas work or electrical work yourself. Prices and availability are confirmed only when we give you a quotation.
2. We aim to keep the website accurate and available, but we do not guarantee that it will always be available or error-free. Where the website and a quotation differ, the quotation applies.
3. The content of this website, including text, design, graphics and the ESCO Plumbing™ name and logo, belongs to us or is used under licence. You may view, print and share pages for personal, non-commercial use. You may not copy, reproduce or republish our content for commercial purposes without our written permission.
4. You must not misuse the website, attempt to gain unauthorised access to it or to the server on which it is hosted, or introduce viruses or other harmful material.
5. Links to other websites are provided for information only. We are not responsible for their content.
6. Our Privacy Policy explains how we use personal information.

16. General

1. Transfer. We may transfer our rights and obligations to another organisation, and will tell you if this happens. Your rights under these terms will not be affected. You may transfer your rights to someone else only with our written agreement, which we will not unreasonably withhold.
2. Third parties. Nobody other than you and us has any right to enforce these terms, including under the Contract (Third Party Rights) (Scotland) Act 2017, except where Part B says otherwise.
3. Severability. If a court decides that any part of these terms is unlawful or unenforceable, the rest will continue in full force.
4. Waiver. If we do not insist immediately that you do something you are required to do, or delay taking steps against you, that does not mean you do not have to do it or prevent us from taking steps later.
5. Changes to these terms. We may update these terms from time to time. The terms that apply to your contract are those in force when the contract was formed.
6. Law and courts. These terms are governed by Scots law. If you are a consumer, you can bring proceedings in the Scottish courts, or, if you live elsewhere in the United Kingdom, in the courts of the part of the United Kingdom where you live. Business customers agree that the Scottish courts have exclusive jurisdiction.

Part B: Additional terms for consumers

17. Your rights as a consumer

1. Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 or other consumer protection law. In summary:
   • Services must be performed with reasonable care and skill. If they are not, you can ask us to repeat or fix the Services, or, if we cannot do so within a reasonable time or without significant inconvenience to you, you can claim a price reduction, which may be a full refund.
   • Where no price or timescale has been agreed, the price must be reasonable and the work must be carried out within a reasonable time.
   • Information we give you about ourselves or the Services, which you take into account, is binding.
   • Goods we supply must be of satisfactory quality, fit for purpose and as described, and installed correctly.
2. This is a summary only. For detailed information, visit Advice Direct Scotland at consumeradvice.scot.
3. Any guarantee we give you in a quotation is in addition to, and does not replace, these legal rights.

18. Your right to cancel

1. If the contract was made at your home or another place away from our business premises, or at a distance (by phone or email), you have the right to cancel it within 14 days without giving any reason. The cancellation period ends 14 days after the day the contract was formed.
2. To cancel, tell us clearly before the cancellation period ends, by email to info@esco-plumbing.co.uk or by phone on 0141 474 2990. You may use the model cancellation form below, but you do not have to. It is enough that you send your notice before the period ends.
3. Effects of cancellation. If you cancel, we will refund all payments received from you, without undue delay and no later than 14 days after the day we are informed of your decision, using the same payment method you used unless you expressly agree otherwise. You will not incur any fees as a result of the refund.
4. Work started at your request. If you ask us to start the Services during the cancellation period, you must pay us an amount proportionate to what has been provided up to the time you tell us you are cancelling, compared with the full contract. If the Services have been completely performed at your express request during the cancellation period, and you acknowledged that you would lose your right to cancel once the Services were complete, you no longer have the right to cancel.
5. Goods made or ordered specially, and Goods fitted. The right to cancel does not apply to Goods made to your specifications or clearly personalised, and you cannot cancel for Goods that, once installed, have become inseparably mixed with other items or fixed to the property. Where a boiler or other Goods have been fitted at your request during the cancellation period, you will pay for them in full as part of the proportionate amount.
6. Urgent repairs. Where you specifically ask us to visit to carry out urgent repairs or maintenance, the right to cancel does not apply to those urgent repairs. If, during that visit, we agree to supply additional Services or Goods beyond those needed for the urgent repair, the right to cancel applies to the additional items.

19. Our responsibility to consumers

1. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if, when the contract was made, both of us knew it might happen.
2. We are not responsible for loss or damage that is not foreseeable.
3. We supply the Services for domestic and private use. If you use the property for business purposes, we are not responsible for loss of profit, loss of business, business interruption or loss of business opportunity.
4. We are not responsible for loss or damage to the extent it is caused by you or someone acting for you, for example by not following our safety advice, using an appliance we have identified as unsafe, or interfering with our work.
5. Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of your legal rights in relation to the Services and Goods described in clause 17; or anything else for which the law does not allow us to exclude or limit liability.
6. We hold public liability insurance in respect of the work we carry out.

Part C: Additional terms for business customers

20. Business customers

1. Part B does not apply to business customers. These terms, together with the quotation, are the entire agreement between us and replace any earlier discussions. Your own terms and conditions do not apply, even if they are referred to in a purchase order, unless we have agreed to them in writing.
2. We will carry out the Services with reasonable care and skill. Any terms implied by law about the quality or fitness for purpose of the Services or Goods are, to the extent the law allows, replaced by this clause and by the manufacturer's warranties on the Goods, which we will pass on to you.
3. Subject to clause 20.5, we are not liable, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, loss of or corruption of data, business interruption, or for any indirect or consequential loss.
4. Subject to clause 20.5, our total liability to you arising out of or in connection with each contract, whether in contract, delict (including negligence), breach of statutory duty or otherwise, is limited to the total price paid and payable by you under that contract.
5. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law. The limits in clauses 20.3 and 20.4 apply only to the extent they are fair and reasonable under section 16 of the Unfair Contract Terms Act 1977.
6. You must tell us in writing about any claim within 3 months of becoming aware of the facts giving rise to it, and in any event within 12 months of completion of the Services.
7. If you do not pay an invoice when due, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and suspend further work until payment is received.
8. Where you are a landlord or letting agent, you are responsible for arranging tenant access, for giving tenants copies of gas safety records within the legal timescales, and for acting on any unsafe situation we report to you.

Model cancellation form