- The meaning of some words used in these terms and conditions:
|We, us or our||is a reference to Packaged Pumps System Limited, company number 06179071;|
|you or your||is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;|
|Equipment||is any of the packaged pump system, high-level alarm whether WIFI-enabled or not, SEU card, battery back-up systems and/or any other equipment as detailed in the Service Agreement (if applicable);|
|Minimum Term||the period agreed between us (usually 24 months) starting from the date set out in your Service Agreement (if applicable);|
|Minimum Term |
|means a Service Agreement which includes a Minimum Term (usually 24 months);|
|Premises||means the place where we will provide the Services;|
|Services||means the diagnostic, support and maintenance services for the packaged pump stations and any direct ancillary designed to collect and remove ground water, grey water and/or foul water from an area of low gravity to the main sewage system more particularly described in the Service Agreement;|
|Service Agreement||means the service agreement entered into by us with you, and which sets out, in writing, the specification of the Services to be provided by us to you.|
2 THESE TERMS
2.1 Below are the terms and conditions on which we provide the Services.
2.2 Why you should read them. Please read these terms carefully before you submit your order or Service Agreement to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3 INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. We are Packaged Pumps Systems Limited, a company registered in England and Wales. Our company registration number is 06179071 and our registered office is at Price Bailey LLP, Causeway House, 1 Dane Street, Bishop’s Stortford, Hertfordshire, England, CM23 3BT. Our registered VAT number is 637 083630.
3.2 How to contact us. You can contact us by telephoning our customer service team at 0330 9000 999 or by writing to us at email@example.com or Packaged Pumps Systems Ltd, Service Desk, Unit 11 Haslemere Industrial estate, Pig Lane, Bishops Stortford CM23 3HG
3.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.
4 INITIAL VISIT
4.1 Before we provide the Services, we may choose to carry out an initial visit to the Premises to assess the Equipment that might be required and the access, as well as your needs and requirements.
4.2 We will organise a day for the initial visit which is convenient for both of us.
4.3 During our initial visit, provided that conditions allow, we will perform a first service. If the conditions are unsuitable for a first service to be carried out then we may only be able to provide a survey. Our time will be charged at our standard rates, as provided to you over the telephone, set out in our brochure, on our website or otherwise provided to you in writing.
4.4. You must ensure that we are able to access the Premises on the appointed day to carry out the initial visit. If we cannot access the Premises on the appointed day, we may charge you for any reasonable costs incurred by us relating to the cancellation or rescheduled visit to the Premises.
5.1 If applicable and upon us being satisfied, after an initial survey, that the Services you have requested can be provided, we will organise a day for the installation of any required Equipment which is convenient for both of us.
5.2 As part of the installation, you will be required to:
5.2.1 ensure we are able to access the Premises on the appointed day to install the required Equipment. If we cannot access the Premises on the appointed day we may charge you for any reasonable costs incurred by us relating to the cancellation or rescheduled visit to the Premise;
5.2.2 if applicable, provide us with access to your WIFI network and password and to make yourself available or arrange for someone to be available at the Premises during the installation to input the WIFI network and password information to facilitate access to your WIFI connection.
6. OUR CONTRACT WITH YOU
6.1 How we will accept your order for the Services. An order/contract between you and us will be concluded in one of two ways:
6.2 We suggest that before you sign the Service Agreement or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them, please ask us.
6.3 You should keep a copy of these terms and conditions for your records.
6.4 If we cannot accept your order for the Services. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the required Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services.
6.5 Your order number. We will assign an order number to your order for the Services and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order for the Services.
7. OUR SERVICES
7.1 In performing the diagnostic and fixing Services our aim is to identify the specific problems which are occurring and provide solutions. It may not be possible to provide a resolution to the problem or issue you are facing, because, for example:
7.1.1 there is a problem or fault with the Equipment caused by a third party which requires repair;
7.1.2 some necessary equipment, tool or other resource (such as access to a power supply) or facility is not available at the time we perform the Services;
7.1.3 it is not possible to obtain required information or support from a third party (such as the manufacturer or supplier of the equipment or software not providing support at all or in a timely fashion).
7.2 The Services shall not include any of the following additional works, unless they are specifically included within the Service Agreement:
7.2.1 major chamber cleaning including but not limited to a high build-up of fat, human waste, limescale;
7.2.2 blockages of the Equipment by you or any third party caused by (but in no way limited to) sanitary products, face / baby wipes and any items that would not normally be flushed down a toilet;
7.2.3 any build-up of macerated kitchen waste;
7.2.4 maintenance of and repairs to incoming and discharge pipe work;
7.2.5 incorrect installation of any Equipment, by any third party;
7.2.6 any upgrade to the Equipment; and
7.2.7 inability to lift manhole covers including but not limited to poor installation, grout and paint between the manhole cover and the frame, or due to obstruction such as being covered by a heavy object.
7.3 Except in the case set out in clause 11.2, if we identify that such additional work is required then we shall provide you with a separate quotation for this work and will seek your consent to carry out the additional works, prior to commencing such works.
8 YOUR OBLIGATIONS
8.1 You shall:
8.1.1 ensure that your information and any contact details given in the Service Agreement are complete, accurate and up to date at all times and that you respond in a timely manner to any communication from us, where necessary. If any of your information or contact details change, please notify us immediately;
8.1.2 provide us with any information that we may reasonably require in order to provide the Services;
8.1.3 provide at least 72 hours’ notice to us of any cancellation or proposed change to an arranged visit to the Premises (for an initial visit, installation, maintenance or otherwise). If you don’t provide us with at least 72 hours’ notice, we may charge you for any reasonable costs incurred by us relating to the cancellation or rescheduled visit to the Premises.
9 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
10 OUR RIGHTS TO MAKE CHANGES
10.1 Minor changes to the Services. We may change the Services:
10.1.1 to reflect changes in relevant laws and regulatory requirements; and
10.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
10.2 More significant changes to the Services and these terms. In addition, as we informed you in the description of the Services either told to you over the telephone, set out in our brochure, on our website or told to you in the course of email exchanges, we may make changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect
11 PROVIDING THE SERVICES
11.1 Costs. The costs of the Services will be as told to you over the telephone, set out in our brochure, on our website or told to you in the course of email exchanges. These will also be set out in the Service Agreement (if applicable).
11.2 Additional Costs.
11.2.1 We may increase our costs if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing (including any changes in VAT).
11.2.2 If the Service Agreement covering the Equipment at the Premises does not cover for parts or labour outside of the regular attendances covered by the Service Plan, then any attendances outside of the regular attendances covered by the Service Plan will be charged at a 10% discount against the standard tariff, and parts used whether as part of any regular attendance or as part of any other attendances will also be charged at a 10% discount against the standard tariff. By entering into such a Service Agreement, you also consent to us carrying such necessary works to preserve the Equipment and maintain its functionality up to the cost of £250 plus VAT without obtaining your prior approval; we may charge this cost directly to any of the credit or debit cards or designated account which you have provided us with details of, and by accepting the terms of the Service Agreement, you authorise us to do so. If the cost of labour or parts exceeds £250 plus VAT, we will obtain your consent prior to engaging such costs.
11.2.3 Subsequent to clause 11.2.2, any misuse of the Equipment will attract payment in full for both the labour element and for any parts used in order to remedy the misuse, and we may charge any cost of such works directly to any of the credit or debit cards or designated account which you have provided us with details of, and by accepting the terms of the Service Agreement, you authorise us to do so.
11.2.4 If a defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions of the Equipment, the cost of replacement of any part shall be excluded from the cost of the Service Agreement, whether such Service Agreement has been entered on an all-inclusive basis or not, and we reserve our rights to charge for such expenditure in accordance with clause 11.2.3 above.
11.3 Data. The data produced by our Equipment is transmitted to us via your WIFI network. This data enables us to monitor the Services which we supply to you. The data produced by our Equipment belongs to us and we are not obliged to share this data with you.
11.4 When we will provide the Services. We will supply the Services to you until either the subscription expires (if applicable) or you end the contract as described in clause 15 or we end the contract by written notice to you as described in clause 17.
11.5 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
11.6 If you do not allow us access to provide the Services. If you do not allow us access to the Premises to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Premises we may end the contract and clause 17.2 will apply.
11.7 If you do not respond to communication from us promptly. We will contact you in order to arrange a suitable date and time to provide the Services and also in the event that we detect an issue with the Equipment. If you do not respond to communication from us within 7 days a reasonable period of time then we shall have no liability for failure to provide the Services or repair the Equipment and we may end the contract and clause 17.2 will apply.
11.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, your contact details. If so, this will have been told to you over the telephone, set out in our brochure, on our website or told to you in the course of email exchanges. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 17.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12 HOW LONG YOUR CONTRACT LASTS
12.1 If you have or will be subscribing to a Minimum Term Service Agreement, you cannot cancel your contract during the Minimum Term, except as set out in these terms and conditions and if you do so, you may have to pay an early termination charge. Details of our early termination charges can be found attached to your Service Agreement or on our website at www.ppspumps.com. After the expiry of the Minimum Term, the contract will automatically renew on a 12-month rolling basis until it is terminated in accordance with these terms and conditions.
13 AUTOMATIC RENEWAL
13.1 If you have subscribed for a Minimum Term Service Agreement, upon the expiry of the Minimum Term, the contract will be renewed automatically on a 12-month rolling basis until it is terminated in accordance with these terms and conditions and you give us at least 30 days’ notice.
13.2 When the contract is renewed, we may increase our prices to take into account any increase in costs involved in providing the Services or any increased costs following a request or requirement by any regulatory authority or, as required by law (including any changes in VAT).
13.3 We will give you at least 60 days’ notice of any price changes before your contract is renewed.
14 OUT OF HOURS CALL
14.1 If we need to arrange an initial visit, installation or emergency call out outside of normal working hours (09:00 to 17:30 on a normal working day), we may need to make an additional charge of a reasonable sum in addition to our standard charges or the subscription fees set out in your Service Agreement (if applicable). We will provide you with an estimate of the additional charges before we undertake any work.
15 YOUR RIGHTS TO END THE CONTRACT
15.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
15.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 15.2;
15.1.2 If you have just changed your mind about the Services, see clause 15.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
15.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 15.6.
15.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraphs 15.2.1 or 15.2.2 below the contract will end immediately and we will refund you for any Services which have not been provided. The reasons are:
15.2.1 We have told you about an upcoming change to the Services or these terms which you do not agree to and you feel would put you at a material disadvantage (see clause 10.2); or 15.2.2 we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed.
15.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. If you have engaged us to provide Services specifically for one off urgent repairs or maintenance, you will have no legal right to change your mind within 14 days.
15.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Services already completed, once these have been completed, even if the cooling-off period is still running.
15.5 How long do I have to change my mind? As you have bought Services you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
15.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the contract before it is completed, but you may have to pay us an early termination charge. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) an early termination charge. The early termination charge shall not be any more than the charges you would have paid for the remainder of your Minimum Term less any costs we save. Unless you tell us otherwise, we may charge your early termination charge directly to any of the credit or debit cards or designated bank account which you have provided us with details of, and by accepting the terms of the Service Agreement, you authorise us to do so.
16 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
16.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
16.1.1 Phone or email. Call customer services on 0330 9000 999 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. 1
6.1.2 Online. Complete the form on our website.
16.1.3 By post. Fill in the form in our brochure and post it to us at the address on the form. Or simply write to us at Packaged Pumps Systems Ltd, Service Desk, Unit 11 Haslemere Industrial Estate, Pig Lane, Bishops Stortford CM23 3HG including details of what you bought, when you ordered or received it and your name and address.
16.2 When you need to tell us. If you want to end the contract after the 14-day cooling off period (see clause 15.3 to 15.5), you may do so by giving us at least 31 days’ notice at any time. If you choose to end the contract before the end of the Minimum Term, we may charge you an early termination charge.
16.3 How we will refund you. We will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price (or, if you have not made an advance payment, charge you) an early termination charge
16.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind under the 14-day cooling off period:
16.4.1 We may deduct from any refund an amount for the supply of the Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract, as well as any refund received by you relating to the initial visit in clause 4.
16.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
17 OUR RIGHTS TO END THE CONTRACT
17.1 We may end the contract if you break it. We may end the contract for the Services at any time by writing to you if:
17.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
17.1.2 you do not, within a reasonable time, allow us access to the Premises to supply the Services or maintain/repair the Equipment; or
17.1.3 the Equipment, the access to the Premises and/or more generally the conditions upon which the Service Agreement was entered into have materially changed so that the Services have materially changed.
17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for Services, we have not provided but we may charge you an early termination charge to cover the costs we will incur as a result of your breaking the contract.
17.3 When we need to tell you. If we choose to end the contract under this clause, we will give you at least 31 days’ notice at any time.
18 IF THERE IS A PROBLEM WITH THE SERVICES
18.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0330 9000 999 or write to us at email@example.com and Packaged Pumps Systems Ltd, Service Desk, Unit 11 Haslemere Industrial Estate, Pig Lane, Bishops Stortford CM23 3HG.
19 PRICE AND PAYMENT
19.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated in our brochure, the Service Agreement or our most recent price list, as provided to you. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 19.3 for what happens if we discover an error in the price of the Services you order.
19.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
19.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
19.4 When you must pay and how you must pay. We accept payment by cheque, BACS or similar electronic transfers, debit and credit card (including Visa, Mastercard and American Express) and by direct debit.
19.4.1 For ad hoc Services, we will take a pre-payment by phone on 0330 9000 999 when we agree a date for servicing. Should an additional invoice be raised for the work carried out, we expect you to make prompt payment to us within 5 working days of receipt of the invoice.
19.4.2 Minimum Term Service Agreement payments will be taken by direct debit from your designated account on the first working day of each month or as otherwise agreed between us as set out in your Service Agreement. If further payments become due to us because we have provided Services or parts which fall outside of the scope of the Service Agreement then we will notify you of the additional amount and deduct this along with your next direct debit payment.
19.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the National Westminster Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
19.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
20 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 Our total liability. Our total liability to you under the contract shall be the value of the contract (whether or not as result of negligence and whether in contract or tort).
20.2 We are responsible to you for foreseeable loss and damage caused by us. We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract.
20.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
20.4 When we are liable for damage to the Premises. If we are providing Services in the Premises, we will make good any damage to the Premises caused by us while doing so. However, we are not responsible for:
20.4.1 the cost of repairing any pre-existing faults or damage to the Premises that we discover while providing the Services;
20.4.2 any damage to the Premises caused by pre-existing faults;
20.4.3 any damage to the Premises caused by you or a third party deactivating the alarm on the Equipment;
20.4.4 any damage to the Premises as a result of you or a third-party interfering with or damaging the Equipment, including you or a third party tampering with it, your negligence or failure to follow our instructions; and
20.4.5 any damage to the Premises caused by a fault or failure of the mains power to the Premises or any Equipment.
20.5 We are not liable for WIFI or internet connection failures. We supply some of the Services based on the data transmitted from the Equipment to us via your WIFI/internet connection. If your WIFI/internet connection is disabled or fails for any reason whatsoever, we will have no liability for any delivery failure of the Services or loss or damage to the Premises when this occurs.
20.6 We are not liable for third party provider failures. We use third party providers in connection with the provision of certain Services to you, such as SMS/email alerts. We cannot guarantee the performance of these third parties and therefore we cannot guarantee delivery of these notifications to you.
20.7 We are not liable for incomplete, incorrect or out of date contact details. As part of some of our Service Agreements, we monitor the Equipment remotely and will contact you using the contact details you have given us to alert you that the Equipment needs to be attended. If these contact details are incomplete, incorrect or not up to date and we are unable to contact the specified person, we will have no liability for any delivery failure of the services or loss or damage to the Premises when this occurs. Please ensure you notify us of any changes to your contact details when they occur.
20.8 We are not liable for any electrical wiring on the Premises besides what is contained within the Equipment. Our Services relate the Equipment only, we will have no liability for any loss or damage relating to any electrical wiring not contained within the Equipment. Equipment must be installed by an expert and as per the manufacturer’s guidelines. We will not carry out installation of the Equipment.
20.9 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.10 We are not liable for any defect that arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
21 HOW WE MAY USE YOUR PERSONAL INFORMATION How we will use your personal information. We will only use your personal information as set out in our Privacy Notice.
22 OTHER IMPORTANT TERMS
22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
22.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.
Effective 01 April 2022