This contract (“Contract”) is entered into between Aquevo Limited, a Drainage, Plumbing, Gas & Water Management company (“Aquevo”), and the customer (“Customer”), collectively referred to as the “Parties.”
Scope of Services
1.1 Aquevo agrees to provide the following services to the Customer:
a. Drainage services, including but not limited to inspections, cleaning, repairs, and maintenance of drainage systems. This may involve clearing blockages, identifying leaks, and ensuring proper functioning of drains and pipes.
b. Plumbing services, including installations, repairs, and maintenance of plumbing fixtures, pipes, and fittings. This includes fixing leaks, replacing damaged or worn-out parts, and ensuring the efficient functioning of the plumbing system.
c. Gas services, including installations, repairs, and maintenance of gas appliances, pipelines, and connections. This may involve installing gas heaters, stoves, or fireplaces, repairing gas leaks, and conducting safety inspections.
d. Water management services, including assessments, planning, and implementation of water conservation and management solutions. This may involve rainwater harvesting, water recycling, and water-efficient irrigation systems.
1.2 The specific services to be provided, including any limitations or exclusions, shall be detailed in a separate written estimate or proposal provided by Aquevo and agreed upon by the Customer. Any changes or modifications to the scope of services shall be documented in writing and signed by both Parties.
1.3 Customer Status:
a. Once a customer awards a job to Aquevo, they are considered a direct customer, and Aquevo shall provide services in accordance with the terms outlined in this Contract
1.4 Referral Customers:
a. If a customer refers another job to a different client, that client also becomes a direct customer of Aquevo, and Aquevo shall extend its services to the referred client in accordance with the terms outlined in this Contract.
1.5 Exclusive Instruction Policy:
a. Aquevo’s policy is to take instructions exclusively from our clients (property owners, landlords, or their authorised representatives) and not directly from tenants.
b. Aquevo shall not be bound by requests or instructions from tenants unless such instructions are communicated through the client or their authorised representative.
c. This policy is in place to ensure clear communication channels and to prevent potential invoicing challenges that may arise when tenants request additional investigations or services at the landlord’s expense.
1.6 Materials Purchase:
a. In cases where the scope of work is defined, but specific materials required have not been confirmed, Aquevo reserves the right to procure materials, as necessary, with a limit cap of £250 + VAT. This is to ensure the timely commencement of the work.
b. The Customer acknowledges and agrees to reimburse Aquevo for the cost of materials procured, up to the £250 + VAT limit, upon receipt of an itemised invoice.
1.7 Plant Hire:
a. When the nature of the work is identified, but the need for specialised equipment or plant machinery remains unconfirmed, Aquevo reserves the right to hire such equipment, as required, with a limit cap of £250 + VAT. This facilitates the timely initiation of the work.
b. The Customer acknowledges and agrees to reimburse Aquevo for the cost of equipment hire, up to the £250 + VAT limit, upon receipt of an itemised invoice.
1.8 Responsibility for Payment:
a. Once Aquevo receives an email from a customer requesting services, the customer sending the email is deemed liable for payment unless responsibility for payment is confirmed by a third party.
b. In cases where a third party assumes responsibility for payment, such confirmation must be provided to Aquevo in writing or via email prior to the commencement of services.
Pricing and Payment
a. The pricing for the services shall be as agreed upon in the written estimate or proposal provided by Aquevo or as set forth in the applicable service rate sheet. The pricing may vary based on the complexity, size, and duration of the project.
b. Prices quoted are exclusive of any applicable taxes, permits, or additional fees unless otherwise stated. Any additional costs incurred during the provision of services, such as materials, permits, or subcontractor fees, shall be clearly communicated to the Customer and agreed upon in writing.
2.2 Payment Terms:
a. Invoices: Aquevo shall issue itemized invoices to the Customer for the services provided, including a breakdown of costs, labour, materials, and any applicable taxes or fees.
b. Payment Due Date: Payment for invoices is due within 30 days from the invoice date, unless otherwise specified in writing. The payment due date shall be clearly indicated on each invoice.
2.3 Retention of Title:
a. All materials, equipment, and fixtures supplied by Aquevo shall remain the property of Aquevo until full payment has been received from the Customer. The Customer shall not sell, dispose of, or encumber any such items until full ownership has been transferred.
2.4 Failure of Payment:
a. If the Customer fails to make payment for the services within the agreed-upon payment terms, Aquevo reserves the right to take appropriate actions to recover the outstanding amount.
b. In the event of non-payment, Aquevo may engage a debt recovery agency or pursue legal action to recover the outstanding amount. The Customer shall be responsible for any costs incurred in the debt recovery process or legal proceedings, including but not limited to collection fees, court fees, and attorney fees.
2.5 Abortive Fees:
a. If Aquevo attends a site with access agreed upon by the Customer but is unable to commence or complete the agreed-upon services due to lack of access provided by the Customer, Aquevo may charge abortive fees.
b. Abortive fees cover the costs incurred by Aquevo for the wasted time, resources, and lost opportunities caused by the Customer’s failure to provide the necessary access.
c. The abortive fees shall be communicated to the Customer in writing, and the Customer shall be responsible for paying the agreed-upon abortive fees within 30 days of receiving the invoice.
Term and Termination
a. This Contract shall commence on the Effective Date and continue until completion of the agreed-upon services, unless terminated earlier as provided herein.
b. The estimated start and completion dates for the services shall be outlined in the written estimate or proposal. Aquevo shall make reasonable efforts to adhere to these dates but does not guarantee strict adherence due to unforeseen circumstances or factors beyond its control.
a. Either Party may terminate this Contract upon written notice if the other Party fails to fulfil any material obligation under this Contract and such failure remains uncured for a period of [number] days after receiving written notice specifying the breach.
b. Aquevo reserves the right to terminate this Contract immediately if the Customer fails to make payment within the agreed-upon terms or breaches any other material provision of this Contract.
c. In the event of termination, the Customer shall pay Aquevo for any completed services or costs incurred up to the termination date.
3.3 Suspension of Services:
a. Aquevo reserves the right to suspend services temporarily if necessary due to safety concerns, non-payment, or other reasonable causes. Aquevo shall notify the Customer in writing prior to any suspension of services, unless circumstances require immediate action to protect life or property.
Warranty and Liability
a. Aquevo warrants that the services provided shall be performed in a professional and workmanlike manner, in accordance with industry standards.
b. Aquevo provides a warranty period for its services, as specified in the written estimate or proposal. This warranty covers defects in workmanship or materials and does not extend to normal wear and tear, misuse, or damage caused by the Customer or third parties.
c. If any issues covered by the warranty arise during the warranty period, Aquevo shall, at its sole discretion, either repair or replace the defective work or provide a refund for the affected services.
4.2 Limitation of Liability:
a. Aquevo’s liability for any claim arising out of or relating to this Contract or the services provided shall be limited to the total amount paid by the Customer to Aquevo under this Contract.
b. Aquevo shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, including but not limited to loss of profits, loss of business opportunities, or personal injury, unless caused by Aquevo’s gross negligence or wilful misconduct.
a. The Customer agrees to indemnify and hold harmless Aquevo from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to the Customer’s breach of this Contract, negligence, or violation of any applicable laws or regulations.
4.4 Customer Responsibilities for Safety and Insurance:
a. Aquevo shall not be held responsible for damages or liabilities arising from the provision of services where the correct protocol, equipment, and health and safety procedures have been diligently followed by Aquevo’s engineers.
b. The Customer acknowledges and agrees that it is their responsibility to adequately insure areas where services are to be provided by Aquevo.
c. The Customer shall promptly inform Aquevo of any harmful or dangerous occurrences or conditions on the site that may impact the safety of Aquevo’s engineers or the public.
d. Aquevo shall not be held liable for any damages, injuries, or losses resulting from the failure of the Customer to provide adequate insurance coverage, or failure to communicate harmful or dangerous occurrences, unless such damages result directly from Aquevo’s gross negligence or willful misconduct.
5.1 Confidential Information:
a. The Parties may disclose confidential information to each other in connection with this Contract. Confidential information includes any information designated as confidential or that, under the circumstances, would reasonably be considered confidential.
b. Examples of confidential information may include trade secrets, customer data, technical specifications, and business strategies.
a. The Parties agree to keep all confidential information strictly confidential and not to disclose or use it for any purpose other than as necessary to fulfil their obligations under this Contract, unless otherwise agreed in writing or required by law.
b. This confidentiality obligation shall survive the termination or expiration of this Contract.
Health and Safety
6.1 Aquevo is committed to maintaining a safe working environment for its employees, subcontractors, and customers. Both Parties shall comply with all applicable health and safety laws, regulations, and industry standards while performing their respective obligations under this Contract.
6.2 Health and Safety Obligations:
a. Aquevo shall ensure that its employees and subcontractors are properly trained and qualified to perform the services in a safe and competent manner.
b. The Customer shall provide Aquevo with all necessary information regarding the site conditions, hazards, and any specific health and safety requirements related to the services.
c. The Customer shall take appropriate measures to maintain a safe and accessible work environment for Aquevo’s employees and subcontractors, including providing access to necessary utilities and ensuring the removal of any hazardous materials or obstacles that may impede the provision of services.
6.3 Unforeseen Health and Safety Issues:
a. If, due to unforeseen health and safety concerns, Aquevo is unable to carry out any agreed upon works, Aquevo reserves the right to charge for attendance, including any costs incurred up to the point of termination or suspension of services. Aquevo shall provide the Customer with a detailed explanation of the health and safety issue and, where possible, propose alternative solutions or rescheduling options.
6.4 Chemical Usage:
a. Aquevo may, at its discretion, use chemicals or other substances in the course of providing services, particularly when addressing drain blockages or sanitation issues.
b. If chemicals are used in the drains, the affected drains should not be worked on for a minimum of 48 hours from the time the chemical was applied. This is to allow sufficient time for the chemical to take effect and minimize any potential risks or adverse reactions.
6.5 Customer Responsibilities:
a. The Customer shall inform Aquevo of any known or suspected chemical usage in the drains or any other relevant information that may impact the safety or effectiveness of the services.
b. The Customer shall comply with any instructions or precautions provided by Aquevo regarding the use and handling of chemicals or other substances.
a. Aquevo shall not be held liable for any damages, injuries, or losses resulting from the improper use, handling, or storage of chemicals or substances by the Customer or any third party.
b. The Customer acknowledges that Aquevo’s liability for any claims arising from the use of chemicals or substances is limited to the extent provided in the “Limitation of Liability” section of this Contract.
Governing Law and Dispute Resolution
This Contract shall be governed by and construed in accordance with the laws of England. Any disputes arising out of or relating to this Contract shall be resolved through negotiation in good faith. If negotiation fails, the Parties agree to submit the dispute to mediation or arbitration before pursuing any legal remedies.
This Contract constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof.