TErms and conditions

We have faith in continually being 100% upfront. We are clear and legitimate about our charges and services which is why we have terms and conditions.

Our rates are clearly stated over the phone by our experienced office staff when a customer enquiries about required work. Our experienced Engineers who are tasked with Fixed Priced Work will send you an estimate for the work that you require.

We also specialise in the maintenance and repair of tenanted properties. Please be aware that some letting agents charge an administration fee of varying percentages for every job that we carry out. We have no choice but to add this administration fee to our standard rates as we cannot absorb that letting agents fees.

We are always open and honest with our customers in order to offer the best solutions to your individual needs. If we have been called out for a repair but we feel that the best solution is to replace the cause of the problem then we will advise you to do this as this in the long term will be more cost effective for you. If you wish to only repair the fault then we are more than happy to do so.

We are fully insured and all work undertaken, no matter how small, will carry a labour guarantee for 30 days. We replace worn or broken parts using genuine manufacturer parts so we can pass the warranties on to you.

We also have a 12 month workmanship guarantee that we would like to think you would never need but none the less it’s there for your peace of mind. All our parts come with a 12 month manufacturer warranty. Listed below is our full terms and conditions.

Terms and Conditions

(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.

The Operative or Engineer shall mean the representative appointed by the Company.

2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.

3. MINIMUM FIRST HOUR & THEN THERE AFTER HALF HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 35%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly/half hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.

4. FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour and Materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.

5. In the event of no access to a pre booked appointment there will be a chargeable fee of £49+VAT.

6. When using our out of hours service on 01722 212050 & 01722 212052, there is a pre-recorded message highlighting different services available. By selecting these services/options on our out of hours telephone service, you are agreeing to the charges. There is no negotiation on these charges as this is an emergency out of hours service with the sole purpose of offering emergency services outside our standard trading hours.

7. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:-

(ii) if after submission of the estimate there is an increase in the price of materials.

(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.

(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.

(v) should a detailed Insurance Report be required in addition to the estimate and invoice then this will incur a nominal charge of £25.00.

6.The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and the Company shall not be bound by any estimates given orally or in which manifest errors occur.

7.Material Collection.

(a) Time must be kept to a minimum and reasonable.

(b) If the collection time is likely to exceed 1 hour the customer must be additionally informed of the circumstances.

8. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.

9. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.

10. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) and receiving a written estimate) the name of the third party appears on the written estimate.

11. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out and/or materials supplied in accordance with such instructions.

12. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.

13. Works for which we issue an estimate, we require 100% payment upfront for those parts before we can order those parts for the works.

14. Bespoke materials require full payment upfront before materials can be ordered.

15. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. If a part becomes faulty whilst within it’s warranty then we can arrange for a replacement part to be issued. We can replace the faulty part with the replacement part but we will charge our standard labour rates in accordance with the time it takes to carry out this replacement as this repair is not in relation to our workmanship. Manufacturer’s warranties are null and void in the event of sludge or scale causing the material to become faulty. Likewise, any works completed within the last 12 months that becomes faulty due to sludge or scale will not be covered under our workmanship guarantee. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:

(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.

(c) The company will not guarantee any work in respect of blockages in waste and drainage systems etc.

(d) The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer.

(e) Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.

(f) The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.

(g) The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.

(h) If the company or operative/engineer gives written or verbal advice that replacing the faulty material is the best solution to resolve the fault but the client requests a repair/patch-up then the company cannot be held responsible if that repair/patch-up material becomes faulty again to which there is no minimum time period.

17. Engineers operate under their own Gas Safe Registration and as such are solely responsible for any Gas related work and subsequent liability.

18. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.

19. These terms and conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.

20. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.

(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,

(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.

(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.

Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.

22. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

23. Stonehenge Plumbing And Heating is registered in the UK, VAT Reg No 211876710. Credit is provided by Hitachi Personal Finance, a division of Hitachi Capital (UK) Plc authorised and regulated by Financial Conduct Authority. Stonehenge Plumbing And Heating, Unit 3, Stonehenge Depot, Stonehenge Rd, Durrington, SP4 8BN.

Finance options are offered subject to status and credit check which must be completed before commencement of works. A 14 day cooling off period applies to all applications. If cancelled within 14 days, alternative payment of full outstanding balance must be made.

Data Protection Policy (Customers)

We may have to collect and use information about our customers who we provide a service of work. This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business. We will ensure that we treat personal information lawfully and correctly.

To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).

This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our human resources function as described below. It also covers our response to any data breach and other rights under the GDPR.

This policy applies to the personal data of the service user, the service jobs carried out at their premises, and any previous services we may of done for instance gas boiler certificates. These are referred to in this policy as relevant individuals.

B) DEFINITIONS

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.

“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).

“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.

“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

C) DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

2. b) data be collected for specific, explicit, and legitimate purposes

3. c) data collected will be adequate, relevant and limited to what is necessary for the purposes of processing

4. d) data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay

5. e) data is not kept for longer than is necessary for its given purpose

6. f) data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures

g) we will comply with the relevant GDPR procedures for international transferring of personal data

D) TYPES OF DATA HELD

We keep several categories of personal data on our customers in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each customer and we also hold the data within our computer systems, for example, the jobs we do or maintain.

Specifically, we hold the following types of data:

2. b) information relating to the job(s) we do for you including: i) When is the job booked in for and which engineer is assigned
ii) Where is the job to take place and what is the issue
iii) What the job entailed and its outcome
iv) If any data is collected in order to complete certificates like a gas safety certificate v) Payment of the completed job

All of the above information is required for our processing activities. More information on those processing activities are included in our privacy notice for our customers, which is available from the web site.

You have the following rights in relation to the personal data we hold on you:

2. b) the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;

3. c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;

4. d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’;

5. e) the right to restrict the processing of the data;

6. f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’;

7. g) the right to object to the inclusion of any information;

8. h) the right to regulate any automated decision-making and profiling of personal data.

In order to protect the personal data of our customers, those within our business who must process data as part of their role have been made aware of our policies on data protection.

We have also appointed employees with responsibility for reviewing and auditing our data protection systems.

G) LAWFUL BASES OF PROCESSING

We acknowledge that processing may be only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.

Where no other lawful basis applies, we may seek to rely on the customers consent in order to process data.

However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Customers will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

H) ACCESS TO DATA

As stated above, customers have a right to access the personal data that we hold on them. To exercise this right, customers should make a Subject Access Request which there is a copy on our web site. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these circumstances, a reasonable charge will be applied.

Further information on making a subject access request is contained in our Subject Access Request policy.

I) DATA DISCLOSURES

The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:

a) To discuss to a letting agency regarding a letting

These kinds of disclosures will only be made when strictly necessary for the purpose.

J) DATA SECURITY

We might at times hold customers personal information in a hard copy format and will always be kept in a locked filing cabinet, drawer, or safe.

Employees are aware of their roles and responsibilities when their role involves the processing of data. All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops etc when unattended. No files or written information of a confidential nature are to be left where they can be read by unauthorised people.

Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.

Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them.

Personal data relating to customers should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received. Where personal data is recorded on any such device it should be protected by:

a) ensuring that data is recorded on such devices only where absolutely necessary.
b) using an encrypted system — a folder should be created to store the files that need extra

protection and all files created or moved to this folder should be automatically encrypted. c) ensuring that laptops or USB drives are not left where they can be stolen.

Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.

K) THIRD PARTY PROCESSING

Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data.

L) INTERNATIONAL DATA TRANSFERS

The Company does not transfer personal data to any recipients outside of the EEA.

M) REQUIREMENT TO NOTIFY BREACHES

All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.

More information on breach notification is available in our Breach Notification policy.

N) RECORDS

The Company keeps records of its processing activities including the purpose for the processing and retention periods in order to comply with the various organisation for instance HMRC. These records will be kept up to date so that they reflect current processing activities.

O) DATA PROTECTION COMPLIANCE

Our Data Protection Officer is:

Lauren Newton
01722 212053