9. Liability, Indemnity and Insurance
9.1 The Plumber shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance.
9.2 The Plumber’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to £<<insert sum>>.
9.3 The Plumber is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Plumber.
9.4 Nothing in these Terms and Conditions shall limit or exclude the Plumber’s liability for death or personal injury.
9.5 The Plumber shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the Plumber’s rendering of the Services or any breach of these Terms and Conditions.
9.6 The Customer shall indemnify the Plumber against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.
10. Guarantee
10.1 The Plumber guarantees that the product of all Services provided shall be free from any and all defects for a period of <<insert period e.g. 12 months>> following completion of the Job.
10.2 If any defects in the product of the Services appears during the guarantee period set out in sub-Clause 10.1 the Plumber shall rectify any and all such defects at no cost to the Customer.
11. Data Protection
The Plumber will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Plumber’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
12. Notices
12.1 Unless otherwise specifically stated, all notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of the Party giving the notice.
12.2 Notices shall be deemed to have been duly given:
12.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
12.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
12.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
12.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
12.2.5 in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
13. Termination
13.1 Either Party has the right to terminate the Agreement immediately if the other:
13.1.1 has committed a material breach of these Terms and Conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within <<insert period e.g. 14 days>> after a written notice to do so; or
13.1.2 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
13.2 In the event of termination for default committed by the Customer, all payments required under these Terms and Conditions shall become due and immediately payable.
13.3 Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Agreement shall survive termination under this Clause 13.
14. No Waiver
No failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
15. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
16. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
17. Law and Jurisdiction
17.1 These Terms and Conditions shall be governed by the laws of England and Wales.
17.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.