Terms & Conditions of Business
GW Pumping Services Ltd, trading as GW Pumps (company no. 07178109). In these terms “we”, “us” and “GW Pumps” mean GW Pumping Services Ltd; “you” means the customer named on the quotation, order or instruction.
1. About these terms
1.1 These terms apply to all quotations, planned servicing, reactive and emergency attendances, remedial works, supplied parts and any other work we carry out, unless a director of GW Pumps agrees different terms in writing.
1.2 These terms apply instead of any terms printed on, attached to or referred to in your purchase order, portal instruction or other document, even if we accept that order or work under that system.
1.3 Where a quotation sets out a specific scope, exclusions, assumptions, rates or payment terms, those take priority for that job. Everything else is governed by these terms.
1.4 These terms apply to business customers (including property owners, managing agents and facilities companies) and to domestic customers. Where you are a domestic customer (an individual having work done on your own home, not for business), section 26 also applies and takes priority over any other section it conflicts with.
2. Quotations and acceptance
2.1 Quotations are valid for 30 days from the date of issue unless stated otherwise. All prices exclude VAT, which is charged at the current rate.
2.2 You accept a quotation and these terms when you give us an instruction in any form, including email, purchase order, portal instruction, signed approval, verbal or site instruction, or a request to attend.
2.3 Where you need to raise a purchase order or authorisation before work starts, please provide it promptly. Delays may affect price, lead time and availability.
2.4 Quotations are based on the information you give us and what can reasonably be seen at the time. If that information is wrong or incomplete, we may revise the price.
3. Scope of works
3.1 We will carry out only the work described in the quotation, written instruction or accepted scope.
3.2 Additional work, hidden defects, failed components, unsafe conditions or other issues found before, during or after attendance may need a revised quotation or additional charges. Where practical we will ask for your approval before carrying out extra work.
3.3 Inspection, testing, servicing or reporting does not guarantee future performance, continued operation, water quality, compliance or lifespan of any equipment or system.
4. Working hours and charging
4.1 Normal working hours are Monday to Friday, 8:00am to 5:00pm, excluding bank holidays, unless the quotation states otherwise.
4.2 Work outside normal hours (evenings, nights, weekends and bank holidays) is charged at our out-of-hours rate or as agreed in writing.
4.3 Reactive, breakdown and emergency attendances are charged from the time the engineer is dispatched until they return, unless agreed otherwise in writing. The dispatch point may be our depot, an engineer’s home, a previous job or the nearest available engineer.
4.4 Response times are attendance targets only. They depend on engineer availability, safe access, location, traffic, weather, parts and other factors outside our control, and do not guarantee a repair on the first visit.
5. Planned servicing
5.1 Planned service rates apply to scheduled routine attendance only. They are not emergency, reactive, breakdown or fault-finding rates.
5.2 A service is based on accessible visual inspection, operational checks where safe and practical, and a report with recommendations. It is not a repair visit unless repairs are quoted and accepted.
5.3 Dual submersible minor service pricing applies only where both pumps are in the same chamber or pump station and are serviced on the same visit.
5.4 A major submersible service is based on one engineer unless stated otherwise.
5.5 Submersible servicing needs suitable access and, where cleaning or pump removal is included, free-running water and safe lifting conditions. If these are not available, a return visit, tanker, extra engineer or further work may be needed and will be chargeable.
5.6 Due to the nature of sewage and drainage systems, servicing does not guarantee continued operation. We are not liable for later failure caused by debris, ragging, wipes, foreign objects, age, corrosion, wear, misuse, power supply issues or site conditions.
6. Reactive, breakdown and emergency works
6.1 The purpose of a reactive or emergency visit is to inspect, diagnose, make safe where possible, attempt a temporary repair if suitable, and advise on further work. A permanent repair on the first visit is not guaranteed.
6.2 These visits are charged at the agreed rate or our current rate card. Extra time, parts, materials, specialist services and remedial work are charged separately.
6.3 The minimum attendance charge applies whether or not a repair is completed, including where the fault has reset, cannot be replicated, is caused by site conditions, needs parts, or cannot be completed due to access, safety or system condition.
7. Access and site conditions
7.1 Our prices assume safe, clear access to all equipment, plant rooms, chambers, panels, isolation points, water supplies, drainage points, parking and loading areas.
7.2 You must make sure keys, fobs, permits, inductions, escorts, isolations, site contacts and authority to work are in place at the agreed time.
7.3 Waiting time, aborted visits, delays, extra engineers and return visits caused by access, permits, inductions, isolations, security, parking, traffic management, unsafe conditions or site operations are chargeable.
7.4 If work cannot safely start or continue, the attendance remains chargeable and a further visit may be needed.
8. Health and safety
8.1 We may refuse, pause or stop work where conditions are unsafe or the required safety arrangements are not in place. The attendance remains chargeable.
8.2 You must tell us before we attend about any known hazards, including asbestos, confined spaces, contamination, hazardous substances, water hygiene risks, permits, isolation requirements and special procedures.
8.3 If we find or suspect asbestos or other hazardous materials not identified to us, we will stop work in that area until you have arranged a survey and made the area safe. Any delay or return visit is chargeable.
8.4 Confined space entry is excluded unless stated in the quotation. Where it is needed, extra safety equipment, gas monitoring, rescue arrangements and personnel (normally a two-engineer team) will be charged separately.
8.5 Where pumps, covers or equipment cannot be safely handled by hand, lifting equipment, specialist equipment, extra engineers or third-party contractors may be needed and will be charged separately unless quoted.
9. Covers, access points and existing fittings
9.1 Where covers, frames, bolts, valves, rails, pipework or fittings are seized, corroded, damaged, buried, blocked or unsafe, we are not responsible for damage caused during reasonable attempts to remove or access them.
9.2 Work to gain access, replace covers, repair frames, free seized equipment or make safe will be quoted separately where practical.
10. Tanker attendance and waste
10.1 Tanker quotations cover one continuous attendance period unless stated otherwise. Extra visits, hose lengths, mileage, waiting time or equipment may be charged.
10.2 Waste disposal charges are estimates. Final charges are set by the receiving facility after analysis and may change depending on contamination. Fats, oils and grease cannot be mixed with other waste and may need a separate disposal run.
10.3 Waste is removed by registered waste carriers and disposed of at permitted facilities, with waste transfer documentation provided on request. You must describe the waste accurately and tell us of any hazardous content; extra costs from incorrect descriptions are chargeable.
10.4 Tanker, transport, waste and specialist services may be subject to fuel levy, mileage, waiting time and third-party cost changes.
11. Water hygiene and sampling
11.1 Water hygiene, chlorination, disinfection, sampling and laboratory testing are included only where stated in the quotation.
11.2 We cannot guarantee future water quality, legionella control, compliance or sample results where problems arise from system design, site use, contamination, stagnation, temperature, dead legs, incoming water quality, lack of maintenance or other matters outside our control.
11.3 Failed samples, re-attendance, further cleaning, extra sampling, remedial work and laboratory fees are chargeable unless included.
12. Items not included unless quoted
Unless included in the accepted quotation, the following are excluded and may be charged separately:
- Parking, permits, tolls, congestion, Clean Air Zone and site access charges.
- Replacement parts, materials and consumables, including pumps, motors, controls, panels, vessels, pipework, valves, floats, alarms and cables.
- Repairs, remedial works, fault-finding beyond the agreed attendance, recommissioning after failure and return visits following defects.
- Tanker, jetting, waste disposal and analysis, wash-down and heavy contamination removal.
- Confined space entry, gas monitoring, rescue arrangements, specialist access, scaffolding, cranes, hoists, traffic management and additional engineers.
- Electrical supply alterations, BMS works, civils, excavation, structural works, making good and decoration, and third-party specialists.
- Water sampling, laboratory analysis, chlorination, disinfection and water hygiene works.
13. Your responsibilities
13.1 The owner, managing agent or operator remains responsible for the maintenance, safe access, correct use and operation of the drainage, water, pumping and electrical systems.
13.2 You must take reasonable steps to prevent damage, flooding, business interruption, water loss or further deterioration where an issue is known or suspected.
13.3 We are not liable for failures caused by misuse, unsuitable materials entering the system, lack of maintenance, power supply issues, structural defects, third-party works, flooding, blockages or site conditions outside our control.
14. Equipment and existing systems
14.1 We are not liable for the condition or failure of equipment we did not supply, even if it is connected to equipment we have installed or serviced.
14.2 We are not responsible for failures caused by pre-existing defects, wear, corrosion, blockages, electrical faults, poor installation, obsolete equipment, unsuitable design or inadequate maintenance, or issues not reasonably identifiable before work starts.
14.3 Unless design services are agreed in writing, we do not accept design responsibility for the existing system, your specification, hydraulic performance, sizing, duty or third-party design information.
14.4 We accept design responsibility only where design is expressly included in the quotation. Where it is, we will use the reasonable skill and care of a competent pump design and installation contractor. We do not guarantee that a design will achieve a particular result or be fit for a particular purpose unless this is expressly agreed in writing by a director.
14.5 Our total liability for any design work is limited to £_________ (insert professional indemnity limit) for each and every claim / in aggregate. We are not responsible for existing systems, your specification, or third-party design information, survey data or duty requirements that we rely on.
15. Parts, special orders and warranty
15.1 Parts and equipment are subject to availability, supplier lead times and supplier price changes.
15.2 Special-order, non-stock, bespoke or electrical items may require payment in advance and are non-returnable once ordered unless the supplier accepts a return.
15.3 Parts carry the manufacturer’s or supplier’s warranty where available. Our workmanship is guaranteed for 12 months from completion. Warranty does not cover misuse, blockages, ragging, contamination, incorrect operation, power supply issues, lack of maintenance, third-party interference, site conditions, labour for removal or refitting, or consequential loss unless agreed in writing.
15.4 A warranty claim does not allow you to withhold payment of undisputed invoices.
16. Prices, payment and ownership of goods
16.1 Unless agreed otherwise in writing, payment is due within 30 days of the invoice date for business customers. Domestic customers: see section 26.
16.2 New customers, high-value works, specialist works and special-order parts may require a deposit or pro-forma payment before parts are ordered or work starts.
16.3 We may charge statutory interest and compensation on overdue invoices under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate), plus reasonable recovery costs.
16.4 If supplier, fuel, disposal, transport, material, plant, labour or third-party costs change outside our control, we may review prices before work proceeds. Rates for ongoing service agreements may be reviewed annually.
16.5 Goods remain our property until paid for in full. Risk passes to you on delivery or installation.
17. Cancellation and suspension
17.1 If you cancel or postpone a booked visit with less than 2 working days’ notice, a cancellation charge may apply to cover labour, travel, materials ordered, plant, third-party charges and scheduling costs.
17.2 We may suspend work, withhold further attendance or place your account on stop where invoices are overdue or payment terms are not met.
18. Complaints, defects and invoice queries
18.1 Please report any concern about our work, or any defect you believe we have caused, within 7 days of our attendance so we can investigate and, where appropriate, put it right. You must give us a reasonable opportunity to inspect and rectify before any other contractor is instructed.
18.2 Invoice queries must be raised in writing within 14 days of the invoice date. Any undisputed part of an invoice must be paid on time.
19. Liability
19.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded.
19.2 Subject to 19.1, we are not liable for indirect or consequential loss, loss of profit, business, contract, rent, production or use, business interruption, loss caused by flooding or contamination, or third-party claims arising from system failure.
19.3 Subject to 19.1, our total liability for any claim arising from a quotation, attendance, service, goods or works is limited to the price paid or payable for the specific works giving rise to the claim, unless a different limit is agreed in writing.
19.4 You are responsible for maintaining suitable insurance for your premises, plant, business interruption, escape of water, flooding, contamination and third-party losses.
20. Subcontracting
20.1 We may use carefully selected subcontractors, including tanker, waste and specialist contractors, to carry out all or part of the works. We remain responsible to you for the works under these terms.
21. Our staff
21.1 While we are working for you and for 12 months afterwards, you agree not to directly employ or engage any of our engineers who have worked on your sites without our written agreement. If you do, a fee of 20% of that person’s annual salary will be payable to reflect recruitment and training costs.
22. Data and photographs
22.1 We handle personal data in line with UK data protection law and use it only to deliver our services, manage your account and meet legal requirements.
22.2 We may take photographs and records on site for service reports, health and safety and quality purposes. We will not publish identifiable images of your site without your consent.
23. Events outside our control
23.1 We are not liable for delay or failure caused by events outside our reasonable control, including severe weather, traffic disruption, fuel or parts shortages, supplier or third-party delays, site restrictions, strikes, power failures, unsafe conditions, flooding, contamination, government action or emergencies.
23.2 Where these events affect price, timing, access or our ability to complete the works, we may revise the programme, attendance or quotation where reasonable.
24. General
24.1 Any change to these terms must be agreed in writing by a director of GW Pumps.
24.2 If any part of these terms is found to be unenforceable, the rest remains in force.
24.3 If we do not enforce a right immediately, that does not mean we have given it up.
24.4 You may not transfer your rights or obligations under any contract with us without our written consent.
25. Law and disputes
25.1 These terms and any contract with GW Pumps are governed by the laws of England and Wales.
25.2 Both parties will first try to resolve any dispute through direct discussion. If that fails, either party may refer it to the courts of England and Wales, or to another dispute process agreed in writing.
26. Domestic customers
26.1 This section applies only if you are a domestic customer. Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015. We will carry out our services with reasonable care and skill, in a reasonable time, and any goods we supply will be as described, of satisfactory quality and fit for purpose.
26.2 Right to cancel: where the contract is agreed away from our premises (for example at your home, by phone or online), you may cancel within 14 days of agreeing it without giving a reason, by telling us in writing (email is fine). A cancellation form is available on request.
26.3 If you ask us to start work within the 14-day cancellation period, you must ask us to do so expressly. If you then cancel, you must pay for the work done up to the point you cancel. If the work is fully completed within the 14 days at your request, you lose the right to cancel.
26.4 Emergency and urgent repairs: where you ask us to attend urgently to carry out a repair or make safe, there is no right to cancel that urgent work. Any additional work or goods beyond what was urgently needed keep the normal right to cancel.
26.5 Special-order or made-to-measure goods ordered at your request cannot be returned once ordered, except where they are faulty.
26.6 Payment: unless agreed otherwise, payment is due on completion of the work or within 7 days of the invoice. We may ask for a deposit for parts or larger jobs, which will be stated on the quotation. Section 16.3 (statutory late payment interest) does not apply to you; instead we may charge interest on overdue sums at 4% above the Bank of England base rate.
26.7 Liability: sections 5.6, 13.3, 14, 15.3 and 19.2 to 19.4 do not limit our liability to you for loss that was a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, or for business losses.
26.8 Section 21 (our staff) does not apply to you. If you cancel a booked visit at short notice after the 14-day cancellation period, we will charge only the reasonable costs we have actually incurred.
26.9 If you are unhappy with our work, please contact us first at info@gwpumps.co.uk or 0113 257 9222 and we will try to resolve it. The time limits in section 18 are requests to help us put things right quickly; they do not reduce your statutory rights.
