FlowSpark terms and conditions
1. Definitions and contract documents
1.1 These FlowSpark terms and conditions use “FlowSpark”, “we”, “us” or “our” to mean the trader identified on the quotation, job confirmation or invoice trading as FlowSpark Plumbing & Heating. “Customer”, “you” or “your” means the person or organisation ordering the Works. “Works” means the services and any goods expressly described in our quotation, job confirmation, invoice or agreed written variation.
1.2 The Contract comprises, in order of priority: any written variation; our quotation or job confirmation; these terms; and any other information we expressly confirm forms part of the Contract. Advertising, photographs and general website descriptions illustrate our services but do not expand the agreed scope.
1.3 “Writing” includes email, text message and WhatsApp. Approval by any of those methods is binding where the message clearly identifies the work, price, variation or instruction being approved.
2. Acceptance, authority and refusal of work
2.1 A Contract is formed when you accept our quotation, book an attendance after being told the applicable charges, instruct us to begin, or otherwise clearly authorise the Works.
2.2 You confirm that you are the property owner or have authority to instruct the Works and approve expenditure. A tenant, agent, family member or other representative is not personally liable merely because they provide access or communicate for the Customer, unless they order the Works in their own name or separately agree liability in writing.
2.3 We may refuse, stop or suspend work where conditions are unsafe, unlawful, outside our competence, materially different from those described, abusive, threatening, or where payment reasonably due remains outstanding. We will explain the reason where reasonably practicable.
3. Charges, attendance and time
3.1 Normal-hours minimum charge
During normal working hours, the minimum charge is £85. This includes attendance, fault assessment and up to the first hour of labour from arrival at the property. Parts, materials, parking, congestion charges, specialist equipment and third-party costs are additional unless expressly included.
3.2 Further labour
After the included first hour, labour is charged at £65 per hour in 30-minute increments unless a different rate or fixed price is agreed in writing. Time reasonably spent testing, isolating, commissioning, explaining findings, sourcing or collecting urgently required materials, and completing job records forms part of chargeable time where relevant to the Works.
3.3 Minimum charge remains payable
The minimum charge remains payable where we attend and assess the issue but cannot complete a repair because parts are required, the system is unsafe, access is inadequate, the fault is intermittent or not reasonably identifiable during the visit, specialist work is required, the Customer declines the proposed repair, or the cause lies outside our agreed scope. Payment is for attendance, time and professional assessment, not a guaranteed repair.
3.4 Out-of-hours work
Out-of-hours includes evenings, overnight, Saturdays, Sundays, bank holidays and Christmas outside our published normal hours. Unless a different price is agreed before attendance, the minimum out-of-hours attendance charge is £190 and further labour is £130 per hour. Exact charges will be explained and agreed before attendance. Parts and materials are additional.
3.5 Taxes
Prices include or exclude VAT as stated on the quotation or invoice. If we are required to charge VAT, it will be shown separately where applicable.
4. Estimates, quotations and fixed prices
4.1 An estimate is a good-faith indication based on the information reasonably available and is not a fixed price. A quotation described as fixed price is fixed only for the stated scope and assumptions.
4.2 Unless stated otherwise, a quotation is open for acceptance for seven days. We may withdraw it before acceptance. After acceptance, we will not change a fixed price unless the scope changes, the Customer requests additional work, relevant information was inaccurate or withheld, hidden conditions are discovered, or an event outside our reasonable control materially changes the cost.
4.3 Obvious clerical or arithmetic errors may be corrected promptly. If a correction materially increases the price before work begins, the Customer may cancel without charge except for bespoke goods, special orders or costs already properly incurred with the Customer’s agreement.
5. Scope, variations and omitted work
5.1 Only work expressly included in the agreed scope is included in the price. Making good, decorating, tiling, flooring, carpentry, waste removal, access work, scaffolding, permits and specialist attendance are excluded unless expressly included.
5.2 A variation may be agreed by quotation, email, text message, WhatsApp, site instruction or other clear written confirmation. The variation may change the scope, price and completion date.
5.3 Where urgent additional work is reasonably necessary to make the property safe or prevent material damage and it is not reasonably possible to obtain instructions, we may take proportionate protective action. We will record what was done and charge a reasonable amount. We will not undertake substantial additional permanent work without approval unless legally or immediately necessary for safety.
Third-party work and omitted items
Where the Customer, their representative or another contractor supplies, installs, completes, alters, connects to or interferes with any part of the Works, that work is outside FlowSpark’s responsibility unless we expressly adopt it in writing. Any agreed omission or reduction amends our scope even if the item appeared in an earlier quotation.
6. Deposits, materials and special orders
6.1 Deposits and staged payments are due as stated in the quotation. We are not required to order materials or reserve substantial labour until the required payment has cleared.
6.2 A deposit is applied to the Contract price. If the Customer lawfully cancels, we will account fairly for it after deducting sums we are legally entitled to retain, including work performed, non-returnable special-order goods and reasonable committed costs.
6.3 Goods supplied by us remain our property until paid for in full, but risk passes as provided by law. We may recover unfixed goods that remain our property where lawful and where this can be done without causing damage or entering without permission.
6.4 We may apply a reasonable handling or restocking charge only where it reflects an actual supplier charge or reasonable cost and where the Customer was informed before becoming liable.
7. Customer-supplied goods
7.1 We are not responsible for the suitability, quality, compatibility, completeness, delivery, warranty or instructions of goods supplied by the Customer or a third party. Delays, return visits or additional work caused by such goods are chargeable.
7.2 We remain responsible for installing customer-supplied goods with reasonable care and skill, but not for defects inherent in those goods. Manufacturer or retailer claims remain the Customer’s responsibility unless we agree to assist.
8. Access, property conditions and customer responsibilities
8.1 The Customer must provide safe, clear and timely access; disclose known defects, leaks, asbestos or other hazards; identify concealed services where known; secure pets and vulnerable persons; and provide working water, electricity and welfare facilities where reasonably required.
8.2 The Customer must move or protect fragile, valuable or obstructing belongings. If we agree to move items, additional time may be charged at the applicable labour rate. We are not responsible for damage that could reasonably have been avoided had the Customer followed this clause, except to the extent caused by our failure to use reasonable care and skill.
8.3 The Customer is responsible for obtaining landlord, freeholder, planning, listed-building, building-control, party-wall or neighbour permissions unless our quotation expressly includes this service.
8.4 Parking, permits, tolls and congestion charges reasonably incurred for the Works may be added where not included in the quotation.
9. Hidden conditions, investigation and making good
9.1 Plumbing and heating faults may be concealed. Quotations based on visible inspection assume that existing structures, services and components are serviceable except as identified. We are not responsible for pre-existing defects, corrosion, rot, failed fixings, non-compliant installations, inaccessible pipework, asbestos or other hidden conditions we did not cause.
9.2 Reasonable investigation may require lifting flooring, opening boxing, removing panels, cutting access holes or disturbing finishes. We will seek approval where practicable. Unless expressly included, our price does not include reinstating specialist finishes such as decoration, wallpaper, tiles, fitted furniture, flooring or external surfaces.
9.3 We will use reasonable care to minimise damage. Nothing in this clause excludes liability for physical damage caused by our negligence or failure to use reasonable care and skill.
10. Programme, appointments and delays
10.1 Appointment windows and completion dates are estimates unless expressly agreed as guaranteed. We will use reasonable efforts to attend and complete within the estimated period, but emergencies, traffic, supplier delays, previous jobs, weather, sickness and hidden conditions may cause delay.
10.2 We are not liable for delay caused by circumstances outside our reasonable control. If a significant delay occurs, both parties will act reasonably to agree a revised programme. Nothing on our website guarantees a one-hour or same-day response.
10.3 Where the Customer causes delay, denies access or is not present for an agreed appointment, we may charge the reasonable wasted time and costs notified at booking or incurred, subject to the cancellation provisions below.
10.4 Any variation, additional work, hidden condition, defect in the existing property, change requested by the Customer, or work required by a building-control officer, utility provider or other relevant authority may require additional labour, materials, drying time, specialist attendance or resequencing. Where it affects the programme, the completion date will be extended by the additional time reasonably required, including the effect on following activities and the time reasonably needed to remobilise or rearrange labour and subcontractors. Approval of the additional work also constitutes acceptance of a reasonable corresponding extension of time, even if the precise revised completion date cannot yet be calculated. We will explain any material programme effect as soon as reasonably practicable.
11. Regulated, specialist and subcontracted work
11.1 Gas Safe registered engineers are used for regulated gas and boiler work. Other specialist or subcontracted work may be carried out by suitably competent third parties engaged by us or identified in the quotation.
11.2 Where the Customer’s Contract is with FlowSpark, we remain responsible for performing the Contract as required by law, including work performed by subcontractors engaged by us. A subcontractor’s separate certification, registration or manufacturer obligations do not remove the Customer’s statutory rights against FlowSpark.
11.3 Where we merely introduce an independent contractor and make clear before engagement that the Customer will contract directly with them, that separate contractor is responsible for its own contract and work.
12. Completion, snagging and handover
12.1 Works are complete when the agreed scope has been substantially completed and the installation or repair is capable of its intended use, subject to minor snagging that does not materially prevent use.
12.2 The Customer must notify minor snagging promptly and provide reasonable access for completion. Minor snagging does not entitle the Customer to withhold payment for unaffected or properly completed work.
12.3 If a genuine disputed item remains, the Customer must pay the undisputed balance when due. Any retention must be reasonable and proportionate to the estimated value of the disputed item, not the whole invoice.
13. Invoices and payment
13.1 Unless the quotation states staged terms, payment is due immediately on completion or receipt of the invoice, whichever is later. Deposits and staged invoices are due on the dates stated.
13.2 The Customer may not deduct, set off or withhold sums for work undertaken by themselves or others, alleged inconvenience, unrelated disputes or items omitted from our scope. This does not prevent a consumer exercising a lawful remedy in respect of proven defective work.
13.3 We may suspend further non-urgent work while an undisputed overdue amount remains unpaid, after giving reasonable notice where appropriate.
13.4 If an undisputed amount remains overdue, we may charge interest at 4% per year above the Bank of England base rate, calculated daily. The Customer may also be responsible for reasonable and proportionate costs actually incurred in recovering the overdue amount, including debt-collection charges, court fees and legal costs, but only to the extent permitted by law.
13.5 For business-to-business contracts, we reserve all rights available under the Late Payment of Commercial Debts (Interest) Act 1998, including statutory interest, fixed compensation and recoverable costs where applicable.
14. Defects, statutory rights and our right to inspect
14.1 We will perform services with reasonable care and skill in accordance with the Consumer Rights Act 2015. Nothing in these terms limits the Customer’s statutory rights.
14.2 No separate or additional voluntary workmanship guarantee is provided unless expressly confirmed in writing for particular work. Manufacturer warranties apply to eligible products according to their terms and do not replace statutory rights.
14.3 The Customer must notify us promptly after discovering an alleged defect, describe the issue, provide photographs or other reasonable evidence where requested, take reasonable steps to prevent further damage, and give us a reasonable opportunity to inspect and, where we are responsible, put the work right.
14.4 Except where urgent action is reasonably necessary to prevent injury or material damage, the Customer must not instruct another contractor to alter or replace the disputed work before we have had a reasonable opportunity to inspect and rectify it. We are not responsible for another contractor’s charges or for defects, damage or loss caused or made worse by third-party interference.
14.5 If inspection shows that the issue did not arise from our work, the visit may be charged at our applicable minimum and labour rates, provided those charges were explained before attendance.
14.6 We are not responsible for fair wear and tear, misuse, inadequate maintenance, freezing, external forces, blockages recurring from causes outside our work, manufacturer defects, customer-supplied goods, pre-existing faults, failure to follow instructions, or work altered or affected by the Customer or another person.
15. Liability
15.1 Nothing excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or a consumer’s statutory rights.
15.2 Subject to clause 15.1, we are responsible for reasonably foreseeable loss or damage caused by our breach of Contract, negligence or failure to use reasonable care and skill. We are not responsible for loss that was not reasonably foreseeable, loss caused by the Customer or a third party, or loss resulting from pre-existing or hidden defects we did not cause.
15.3 Domestic customers must take reasonable steps to limit further damage, including isolating water or power where safe and following emergency advice. A failure to take reasonable steps may reduce the amount recoverable to the extent it increased the loss.
15.4 For business Customers only, and subject to clause 15.1, neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of contract or loss of anticipated savings. Our total liability for other loss arising from a Contract will not exceed the greater of the Contract price or the amount recoverable under our applicable insurance for that event, except where such a limit would be unlawful or unreasonable.
16. Waste and removed items
16.1 Waste removal is excluded unless expressly included. The Customer remains responsible for lawful disposal of excluded waste.
16.2 Where removal of an old boiler, cylinder, appliance or component is included, it becomes ours for disposal or recycling when removed unless agreed otherwise. Hazardous waste and unexpected asbestos are excluded and may require specialist arrangements at additional cost.
17. Photographs and records
17.1 We may take photographs or video of the work area, defects, serial numbers, meter readings and completed work for technical records, evidence, insurance, certification and dispute prevention.
17.2 We will not publish images that identify the Customer, their address or private information for marketing without permission. Our Privacy Notice explains how personal information is used.
18. Cancellation and cooling-off rights
18.1 Consumers who enter a distance contract (for example by phone, email or online) or an off-premises contract may have a statutory right to cancel within 14 days after the Contract is made. Any applicable statutory cancellation right is explained in the Cancellation Notice at the end of these terms.
18.2 We will not normally begin non-urgent services during an applicable cancellation period unless the Customer expressly requests an early start in a durable medium, such as a signed document, email or WhatsApp message. If the Customer then cancels before the services are complete, they must pay a proportionate amount for the services supplied up to cancellation. This includes properly completed labour and other work performed before cancellation; the cancellation right does not entitle the Customer to receive that work free of charge.
18.3 Where a service contract is fully performed during the cancellation period, the Customer loses the statutory right to cancel once full performance has occurred if, before performance began, the Customer expressly requested the early start and acknowledged that the cancellation right would be lost on full performance. The Customer remains responsible for the agreed price for the fully performed service.
18.4 The statutory cancellation right does not apply to a visit specifically requested by the Customer for urgent repairs or maintenance, to the extent of the urgent work and replacement parts necessary during that visit. Additional non-urgent work remains subject to the applicable rules.
18.5 Goods made to the Customer’s specifications or clearly personalised may not carry a statutory change-of-mind cancellation right. The treatment of goods already supplied, fitted or incorporated into the property depends on the applicable law and the nature of the Contract. Nothing in this clause limits any rights concerning faulty or misdescribed goods or defective services.
18.6 Outside any statutory cancellation right, if the Customer cancels or postpones, they must pay for work performed, bespoke or non-returnable goods ordered with authority, supplier cancellation charges, and reasonable wasted costs that we cannot avoid. We will take reasonable steps to reduce those costs.
18.7 We may charge a reasonable missed-appointment or late-cancellation fee where it reflects our actual likely loss and was disclosed when the appointment was booked. We will not charge twice for the same loss.
19. Complaints and disputes
19.1 Complaints should be sent to flowsparkuckfield@gmail.com with the property address, invoice or quotation reference, a clear description and supporting photographs where available. We will acknowledge and investigate within a reasonable time.
19.2 The Customer must provide reasonable access for inspection and proposed rectification. Both parties should attempt to resolve the dispute directly before commencing proceedings.
19.3 Nothing prevents either party from obtaining independent advice, using any applicable alternative dispute resolution scheme, contacting Citizens Advice or Trading Standards, or bringing court proceedings.
20. General
20.1 If any term is found unlawful or unenforceable, it will be removed or adjusted only to the minimum extent necessary; the remaining terms continue.
20.2 A failure or delay in enforcing a right is not a waiver of that right.
20.3 The Customer may not transfer the Contract without our written consent. We may transfer it only where this does not reduce the Customer’s rights or protections.
20.4 These terms and each Contract are governed by the law of England and Wales. A consumer may bring proceedings in the courts that have jurisdiction under applicable consumer law.
Cancellation notice
For consumers with an applicable statutory right to cancel.
RIGHT TO CANCEL
You have the right to cancel an eligible distance or off-premises service contract within 14 days without giving any reason. The cancellation period expires 14 days after the day the Contract is made.
To exercise the right to cancel, tell FlowSpark Plumbing & Heating clearly that you wish to cancel. You may use the model cancellation form below, but you do not have to.
Email: flowsparkuckfield@gmail.com
Telephone: 07827 922969. We recommend confirming cancellation in writing.
To meet the deadline, it is sufficient to send your cancellation communication before the cancellation period expires.
Effects of cancellation
If you cancel an eligible Contract, we will reimburse payments that must legally be refunded without undue delay and no later than 14 days after being informed of the cancellation, using the same payment method unless otherwise agreed. Lawful deductions may be made as explained below.
If you asked us to begin services during the cancellation period, you must pay an amount proportionate to the services supplied before you informed us of cancellation. Bespoke or special-order goods and goods inseparably installed may be treated according to the applicable legal rules.
Request to start during the cancellation period
Where you want non-urgent work to begin before the 14-day cancellation period expires, we will ask you to confirm the following:
CUSTOMER REQUEST AND ACKNOWLEDGEMENT
I expressly request FlowSpark to begin the services before the 14-day cancellation period has expired. I understand that if I cancel after work has begun but before the services are complete, I must pay a proportionate amount for all services properly supplied up to cancellation.
I also acknowledge that, where the Contract is a service contract, I will lose my statutory right to cancel once the service has been fully performed, and I will remain responsible for the agreed price.
Model cancellation form
Complete and return this form only if you wish to cancel an eligible Contract.
To:
FlowSpark Plumbing & Heating
Email: flowsparkuckfield@gmail.com
I/We give notice that I/we cancel my/our contract for the following services:
Contract date:
Customer name:
Customer address:
Date:
Signature (only if sent on paper):
Independent legal advice
If the Customer is uncertain about the meaning or effect of any of these terms, the Customer is advised to obtain independent legal advice before accepting them.