Please read these terms and conditions carefully, and make sure you understand them before ordering any services from us. This document, (together with any documents referred to in it) tells you the terms and conditions on which we supply any of our services (Services), whether detailed in our advertising materials or on our website at www.lushisplumbers.co.uk (our website), or otherwise. By ordering any of our Services (whether by telephone, fax, email, via our website or otherwise), you are entering into agreement with Lushi’s Plumbers Limited and are bound to the below terms and conditions. If you are uncertain as to your rights under them or need any further explanation, please send us an e-mail or telephone us at the e-mail address or telephone number provided.

Terminology

For the purpose of these terms & conditions the following words shall have the following meanings:
• “The Company/Us/We/Our” refers to Lushi’s Plumbers Limited.
• “You/The Customer” refers to you, the person or organisation for whom we agree to carry out work and/or supply materials.
• “Tradesperson/Contractor/Operative/Engineer” refers to the representative(s) appointed by us to carry out work.
• ‘’Contract/Agreement’’ means the legally-binding agreement between you and us for the supply of the services and materials.
• ‘’Materials’’ means any materials that we supply to you with the Services
• ‘’Services’’ means the services advertised on the Website, including any Materials we supply.
• ‘’Website’’ means our website www.lushisplumbers.co.uk on which the Services are advertised.

Application

1. These Terms and Conditions shall govern the purchase of services and materials by You from Us.
2. We are Lushi’s Plumbers Limited, a company registered in England and Wales under number 13025126 whose registered office is at 12 Kempton Avenue, Hornchurch, RM12 6ED with email address info@lushisplumbers.co.uk and telephone number
   02071268282.
3. By ordering any of Our services, You agree to be bound by these Terms and Conditions. You are also agreeing to our Privacy and Cookie policies.
4. The Contract between the Customer and the Company continues for as long as it takes us to perform the services.

Services

1. These terms cover all services offered by Lushi’s Plumbers, across all the trades we cover (Plumbing, Heating, Bathroom Renovations, Appliance Installation, Air Source Heat Pumps and Emergencies):
   5.1 Enquiries
   5.2 Estimates
   5.3 Project Work
   5.4 Installations
   5.5 Repairs
   5.6 Emergency Call Outs
   5.7 Servicing
   5.8 Guarantees
2. All Services which appear on our website are subject to availability.
3. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. We shall only be bound by estimates given in writing to the Customer & produced by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
5. The Company shall provide a written estimate outlining all relevant costs associated with the desired Service, in accordance with the specifications of your home. Upon receipt of acceptance of the estimation, the Company shall proceed with the execution of the described work, subject to the Terms and Conditions stipulated herein.
6. While every effort will be made to schedule the work on a mutually agreed-upon date of your preference, it should be noted that in the event the Company is unable
   to accommodate your request on the designated date, an alternative date shall be proposed. In situations where the proposed installation date cannot be met by either party, no party shall bear liability for associated expenses or be entitled to terminate this agreement. In the event of unforeseeable circumstances beyond the reasonable control of both the Company and You, diligent efforts shall be made to communicate and explore alternative dates for the completion of the work.
7. Upon the establishment of a specific date, the Company shall attend the premises in order to commence the designated work. In the event that we are delayed or prevented from carrying out the work on the agreed date, attributable to delays or defaults on your end, we reserve the right to charge a reasonable supplementary fee, to account for any additional costs incurred as a result.

Personal Information

1. We retain and use all information strictly under the Privacy Policy, which can be found on our website.
2. We may contact You by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Fees and Payment

1. All of our estimates are free and without obligation.
2. All estimates provided are based on a visual inspection conducted by a duly appointed member of our team and are issued on the understanding that our engineers shall not encounter any unforeseen circumstances that could potentially affect the estimated expenditures pertaining to labor, materials, and parts, thereby influencing the final costs. In the event that such circumstances do arise, the customer shall be promptly notified of the estimated recalculations at the earliest feasible opportunity. Additionally, there are instances where the final costs may deviate from the original estimate, including but not limited to:
   15.1 If the customer requests additional work to be performed subsequent to the supply/ acceptance of the estimate.
   15.2 If the supplier of materials or parts increases their pricing subsequent to the supply/ acceptance of the estimate.
   15.3 If errors in the initial preparation become apparent subsequent to the supply/ acceptance of the estimate.
   15.4 If unforeseen additional work is necessary to ensure the completion of the project, which was not anticipated during the initial inspection and estimation phase. Examples of such additional work may include, the involvement of specialized subcontractors or hire of third-party equipment and machinery.
   15.5 Only written estimates shall be considered binding and firm.
3. The prices specified in our estimates exclude any costs associated with the removal of hazardous waste materials, including asbestos, that may be encountered during the installation process. If asbestos is discovered during the course of the work, we reserve the right to promptly withdraw our contractors from the site until it has been rendered safe.
4. The prices on our website exclude the costs of parking fees, congestion charges, and Ultra Low Emission Zone (ULEZ) charges. The same will be charged to the Customer, where applicable.
5. All of our prices are subject to VAT. Our VAT number is 438517477.
6. All invoices become payable immediately upon completion of the specified works, unless expressly agreed otherwise with the Client in prior written communication. We reserve the right to accrue and charge daily interest on any part of an invoice which remains unpaid at the rate of 3% over the base rate of the Bank of England, until payment is received by us in full.
7. In the case of larger projects or those necessitating the order of special or non-returnable items, deposits may be deemed necessary.
8. We reserve the right to request full payment in advance at our discretion.
9. The company will not supply any guarantees, product warranties or certificates, or any other documentation, until the balance of the invoice(s) has been settled in full.
10. All payments are to be made through bank transfer, credit/debit card via our secure online payment system, or in cash, subject to your preferred method of payment.
11. Where we are required to engage a third-party for the purpose of pursuing collection of outstanding funds on your account, additional expenses may be incurred and subsequently added to the outstanding balance by the debt collection agency.

Your Responsibilities

1. You must ensure that the any information you provide is complete and accurate and inform us immediately if you notice any errors. We are not responsible for any inaccuracies in the information provided by you.
2. You shall at your own expense obtain all necessary consents and permits prior to the installation taking place, including building regulations, planning permissions, consents from neighbours, mortgages, and the council where necessary. Lushi’s Plumbers Limited will assume that all necessary permissions have been obtained and shall have no liability for any losses or damages arising from failure to obtain the required permissions. If the Company suffers any losses or penalties as a result of not having the necessary permissions, the customer will be required to reimburse any and all of these charges.
3. If you are a tenant, it is your responsibility to obtain necessary permission from your landlord prior to the commencement of any services and installations. The Company shall operate under the assumption that such permission has been duly obtained and shall bear no liability for any loss or damage resulting from the failure to secure such permission prior to the arrangement of the desired works.
4. You must co-operate with us in all matters relating to the service requested and provide us and our authorized contractors and representatives with access to the premises where the work must be carried out. The necessary utilities, such as water and electricity must be made available to us, at no charge.
5. Your order is subject to the condition that there must be adequate gas supply to the dwelling prior to the commencement of the work. Without prejudice to the company’s rights, where such supply is not laid to enable work to commence, the company may cancel the contract and shall not have any liability for any costs, loss or damage arising due to the cancellation. In certain circumstances the size of the existing gas rate cannot always be determined. If a new gas line is required, this will be subject to an additional cost to the already provided price.
6. It is the responsibility of the Customer to ensure adequate protection of all furniture, fixtures, and fittings prior to the arrival of our engineer. In addition, the Customer should also provide safe and unobstructed access to the designated work area. The Company accept no liability for any accidental damage caused to furniture, furnishings, fixtures, or fittings in the event that the engineer is required to move them in order to access the specified work area.
7. In the event of non-compliance with the aforementioned provisions, it shall constitute a default on the part of the Customer, granting us the right to suspend the provision of services until such default is rectified. If the Customer fails to remedy the default subsequent to our request, we reserve the right to terminate the Contract immediately by providing written notice to the Customer. Following such termination, the Customer remains obligated to reimburse us for any services rendered and materials purchased in relation to their project. In the absence of any purchased materials or performed services, we retain the right to levy a minimum call-out charge of £100+ VAT.

Liabilities

1. Our liability is limited to:
   32.1 Liability for personal injury or death as result of the company negligence whilst on site.
   32.2 Reasonable and fair costs to repair any damage caused to your property, should this be as a result of our negligence.
2. The Company cannot be held liable for any damages or losses arising from pre-existing defects or weaknesses within the property. Should any damage to brickwork or plaster occur as a direct consequence of the performed works, it shall be the Company’s obligation to rectify such damage. However, we cannot accept responsibility for any damage to wall coverings, tiles, wooden floors, carpets or other furnishings and furniture as a result thereof.
3. The Company shall exercise reasonable care whilst providing services in your home. Nonetheless, you acknowledge that the installation, which may involve the removal or destruction of preexisting fixtures or fittings, has the potential to cause damage to the decorative state of your property. This provision does not absolve the company from liability for damages that exceed what is reasonably proportionate to the installation activities. However, it is anticipated that certain areas within your home may require redecoration subsequent to the completion of our services, for example central heating installation. Such redecoration shall be your responsibility and is not encompassed within the agreed-upon price.
4. The Company cannot be held liable for any damages incurred due to investigative work or repairs conducted on-site. This entails, but is not limited to, damages arising from the removal of floor coverings, tiles and tiling, internal and external walls and their coverings, panels and furniture, bathroom suites, ceilings, and adjacent pipework.
5. We shall solely be responsible for remedying our own work and which falls under our explicit guarantee. We shall not be held liable for any subsequent damages or claims arising from other work that may have been overlooked or subsequently requested but not carried out at the time.
6. We shall not bear any liability for any damage or defect arising from work that is not covered by a full guarantee or where recommended work has not been executed. Our guarantee shall not apply if You have received verbal or written notification by our company or engineer on site.
7. The Company shall not be held liable for any loss, damage, or subsequent repair required for existing pipework, fittings, or appliances that are interconnected with the system to which we are attending, but upon which we do not directly perform work. This includes instances such as existing radiators and pipework in situations where a new boiler has been installed.
8. The Company shall not be held liable for any frozen pipes, damages resulting from frozen pipes, or the removal of blockages caused by frozen pipes and any subsequent damages arising from such situations.
9. Lushi’s Plumbers Limited shall not be held liable for any delays (or the resulting consequences thereof) in fulfilling our obligations if such delays are caused by factors beyond our reasonable control. In such cases, we shall be entitled to reasonable extensions of time to fulfill our obligations.
10. The Company shall not be held liable to you for any items of sentimental value, art, antiques, china and porcelain, cash and jewellery.
11. You shall bear exclusive liability for any hazardous situations arising from non-compliance with the Gas Safe Regulations or any Gas Warning Notices issued by an engineer from our company. Our engineers operate under their own individual Gas Safe Registration and, therefore, bear sole responsibility for any gas-related work and the subsequent liability.
12. Subject to the Liability Clauses of this Contract:
    43.1. Under no circumstances whatsoever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or any other legal basis, for any loss of profit or any indirect or consequential loss arising under or in connection with these Terms; and
    43.2. Our liability to you, in relation to all other losses arising under or in connection with these Terms, including but not limited to those arising from contract, tort (including negligence), breach of statutory duty, or any other legal basis, shall not exceed the amount of £2,000,000 under any circumstances.
13. Lushi’s Plumbers Limited and all contractors hold comprehensive insurance coverage against any loss or injury resulting from acts of negligence.

Guarantee

1. The Company shall provide a 12-month warranty on labour conducted by a tradesperson appointed by us. This warranty exclusively relates to workmanship (labour) and does not extend to parts, boilers and cylinders. Parts typically carry a one-year manufacturer’s warranty and boilers and cylinders carry seven to ten years, depending on the chosen brand. For any issues related to parts, boilers and cylinders, you should lease with the manufacturer directly. The workmanship warranty becomes effective from the date of completion of the work, in addition to any existing manufacturer’s warranty/warranties. However, the workmanship warranty becomes void, if the service/appliance supplied by us is subject to the following:
   45.1 Fault resulting from your existing radiators, pipework, valves, pumps, boiler or installation.
   45.2 The work performed has not been appropriately maintained, used, serviced, and cared for in strict accordance with the manufacturers’ instructions and/or our instructions.
   45.3 The fault is a result of accidental or intentional damage, normal wear and tear, unauthorized tampering, or maintenance work conducted by a third party.
2. Boiler and protection kits warranty registrations may be carried out by Us as a courtesy where specifically requested; however, the primary responsibility for ensuring the warranty is registered with the manufacturer remains with the customer.
3. Any defects related to our workmanship must be promptly reported to us within a reasonable timeframe, and such matters shall be subject to our 12-month warranty. The Customer is required to grant us adequate time for inspection and remediation.
4. The Customer acknowledges that in the event of their failure to provide timely notification to the Company as described in the previous clause, the Company shall not bear liability for any defects in the executed works.
5. Any return visits to the property for the purpose of carrying out warranty-covered works will only be scheduled upon prior agreement.
6. In cases where our attendance is required for reasons other than a scheduled maintenance visit or to fulfill our warranty obligations as outlined in these terms, a charge will be applicable.
7. In cases where materials are provided by the customer, we cannot assume liability for said materials or warrant their suitability. Consequently, we shall not be held responsible and liable for any resultant consequential damage or faults arising from
   the use of such materials.
8. The company cannot guarantee any work related to:
   52.1. Blocked drains and wastage systems
   52.2. Work that has been undertaken upon instruction of the client and against the written or verbal advice of the engineer.
9. Any existing components, appliances and/or pipework in the property that have not been replaced or are being directly worked on cannot be covered by our guarantee.
10. The warranty of the boiler and/or cylinder will be covered by the manufacturer, as outlined in this document. To remain under warranty, however, all boilers and cylinders must be serviced annually.
11. We shall not be held liable if the manufacturer’s warranty becomes null and void due to the customer’s failure to have the appliance serviced. While we may proactively remind our clients of the annual inspection due, it remains responsibility of the Customer to schedule and arrange for the same to be conducted.
12. Our warranty only applies where work has been directly undertaken by our company and upon receipt of full payment.
13. This agreement does not affect your statutory rights concerning faulty or mis-described services.

Materials

1. Materials supplied by us and delivered to you, or your premises, shall remain our property until you have made full payment for them. During this period, we retain absolute authority to:
   58.1. Reclaim, sell, or otherwise handle or dispose of all or any portion of these materials.
   58.2. Enter any premises, at any time and without prior notice, where the materials or any part thereof are installed, kept, stored, or reasonably believed to be so.
   58.3. Pursue legal action to prevent you from selling, transferring, or otherwise disposing of the said materials.
2. The risk associated with such materials will be transferred to you upon delivery. It is your responsibility to insure them at their full replacement value, and if requested, you must provide evidence of proper insurance coverage. If some or all of the materials are damaged after they have been delivered to you or your premises, you will be required to cover the expenses related to their replacement.

Events Outside of Our Control

1. An “Event Outside Our Control” refers to any act or event that is beyond our reasonable control, including (but not limited to) strikes, lock-outs, industrial actions, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or the anticipation or preparation for war, lockdown, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, failure of electricity, water, or gas services, failure of any public transportation network, or failure of public or private telecommunications networks, inability to access your premises, or the failure or absence of any keys, equipment, or materials to be provided by you.
2. In the event of circumstances beyond our reasonable control, we shall notify you of such occurrence as soon as possible.
3. If the aforementioned circumstances impact our ability to provide services to you, we will recommence the provision of services as soon as reasonably feasible and once the circumstances beyond our control have ceased. Whilst our services are affected by the mentioned circumstances, our obligations under these terms will be temporarily suspended, and the timeframe for fulfilling our obligations shall be extended.

Other Important Terms

1. This agreement is strictly personal to you and shall not be transferred to any other party without obtaining written authorization from Lushi’s Plumbers Limited.
2. The description of the services on our website does not constitute a contractual offer to sell the services. When an enquiry is submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
3. Our estimate is valid for a maximum period of 30 days from its date of issue unless we expressly withdraw it at an earlier time.
4. Any drawings or plans presented alongside an estimate are provided solely for illustrative purposes to visually convey our ideas and should not be construed as constituting any part of a contractual agreement.
5. It is the duty of the Customer to provide a parking permit or register our van with the local authority for parking, whenever feasible. This requirement particularly applies in cases where no pay and display parking bays are conveniently located within a reasonable distance (usually 100m) from the property. We kindly request that all necessary parking arrangements are made before our arrival. Our vehicle registration details can be provided upon request.
6. When a mutually agreed date and/or time for the performance of work is established, we shall make reasonable efforts to ensure that the assigned tradesperson arrives promptly. However, we do not accept any liability for non-attendance or delayed attendance of the tradesperson at the designated site, nor for any delays or non-delivery of materials.
7. Our engineers or representatives shall not enter a property where only minors are present without any individuals aged 18 or above. In the event that adults are initially present upon the engineer’s arrival but subsequently exit the property, leaving a minor unaccompanied, our contractor shall also depart from the premises at that time.
8. We do not undertake works pertaining to the installation of cabinets, mirrors, toilet roll holders, extractor fans, towel hangers, or any other fittings of a similar nature.
9. This Website and its contents, including all logos, graphics and other intellectual property, are the exclusive property of the company and must not be copied, distributed, or utilized in any manner other than the intended purpose without explicit prior permission.

Your Right to Cancel

1. Upon the Company’s acceptance of your order, in accordance with the aforementioned terms and in conjunction with the “Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008,” you hold the right to a cooling-off period of 14 days, commencing from the date of the contract. During this period, you have the right to cancel the contract (except if works have already commenced), and this right can be exercised by delivering, sending (including by electronic mail) cancellation notice to Lushi’s Plumbers Limited, 12 Kempton Avenue, Hornchurch, RM12 6ED or by email to our email address info@lushisplumbers.co.uk, at any time within the 14-day duration, starting from the day you received written notice of your right to cancel the contract. We shall permit you to cancel the contract by sending the written notice no later than 14 days after the date on which the acceptance of the works occurred. If you request cancellation beyond this timeframe, unless we are in breach of the contract, we reserve the right to refuse or retain all or part of your deposit.
2. If any materials have been purchased in connection with the provision of services to you, you shall remain responsible for payment for said materials, as well as compensation for the time incurred for their supply, even in the event of cancellation.
3. In the event that you need to rearrange your booking, you must provide written notice to us of at least 24 hours prior to the scheduled booking date. Should you choose to reschedule immediately prior to the commencement of the work, or within a period of less than 24 hours, you shall be held liable for the costs associated with our time and materials.

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
3. For the purposes of these Terms and Conditions:
   77.1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
   77.2. ‘GDPR’ means the UK General Data Protection Regulation.
   77.3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
4. We are a Data Controller of the Personal Data we Process in providing the services and materials to you.
5. Where you supply Personal Data to us so we can provide services and materials to you, and we Process that Personal Data in the course of providing the services and materials to you, we will comply with our obligations imposed by the Data Protection Laws:
   79.1. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
   79.2. We will only Process Personal Data for the purposes identified;
   79.3. We will respect your rights in relation to your Personal Data; and
   79.4. We will implement technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, you can e-mail: info@lushisplumbers.co.uk.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales.
3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute arises, customers are advised to contact us to seek a resolution. We shall endeavor to provide a response with an appropriate solution within a period of 90 days.
   We can be contacted in the following ways:
   83.1. By Phone – 02071268282 or 07414822031
   83.2. By E-mail – info@lushisplumbers.co.uk
   83.3. By Post – Lushi’s Plumbers Limited, 12 Kempton Avenue, Hornchurch, RM12 6ED
4. Our objective is to handle all complaints internally and offer prompt resolution to our clients. However, if, after receiving our final response, or if 90 days have elapsed without a satisfactory resolution, you may have the right to escalate your complaint to the Financial Ombudsman Service (FOS).
5. In the event that you wish to escalate your complaint to the Financial Ombudsman Service, it is essential that you make contact with them within six months of the date of our final response letter.
   Contact details for the Financial Ombudsman Service are as follows:
   The Financial Ombudsman Service
   Exchange Tower
   LONDON, E14 9SR
   Telephone: 0800 023 4567
   Email: complaint.info@financial-ombudsman.org.uk
   For additional information, kindly refer to the Financial Ombudsman Service’s website at www.financial-ombudsman.org.uk.
   These terms and conditions, along with all contracts entered into between the Company and the Customer, shall be governed and interpreted in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
   Your statutory rights remain unaffected.