Terms and Conditions for Drainage and Plumbing Services

These Terms and Conditions ("Terms") form a legally binding agreement between you (the "Customer") and Total Drains Limited, a company registered in England and Wales with company number 14723187, whose registered office is at 15 Filwood Drive, Bristol, BS15 4HT (the "Company", "we", "us", or "our"). These Terms apply to all on-demand (non-insurance) drainage and plumbing services ("Services") and any associated goods or materials ("Goods") provided by the Company.

By accepting a quotation, instructing us to proceed with the Services, or making any payment, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not proceed with the Services. These Terms supersede any prior agreements, representations, or understandings, whether written or oral. You acknowledge that you are entering into this Agreement in your personal capacity or with authority to bind any entity you represent.

All material information, including potential fees, charges, and risks, is provided in the Quotation and these Terms to ensure transparency in accordance with applicable laws.

1. Definitions

- "Quotation": A written or verbal estimate provided by us for the Services and any Goods.

- "Services": The drainage and plumbing services described in the Quotation, including any repairs, installations, or maintenance.

- "Goods": Any materials, parts, or equipment supplied by us as part of the Services.

- "Completion Date": The date on which we notify you in writing that the Services have been completed, subject to your sign-off as per Section 3.

- "Due Date": For domestic Customers, the date falling 7 calendar days after the Completion Date or invoice date (whichever is earlier); for commercial Customers, the date falling 7 calendar days after the invoice date.

- "Scheduled Start Date": The date specified in the accepted Quotation or confirmed in writing by us, which is secured by payment of the required deposit.

- "Sign-Off": The customer's written signature (physical or electronic) confirming completion of the Services, satisfaction with the work (or noting any disputes), and acknowledgment of before-and-after photographs taken by us.

2. Agreement Formation

These Terms, together with the accepted Quotation, constitute the entire agreement between the parties (the "Agreement"). No variation to the Agreement shall be effective unless agreed in writing and signed by an authorised representative of the Company. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Agreement is governed by the laws of England and Wales, and any disputes arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of England and Wales.

3. Service Provision

We will provide the Services using our employees or qualified independent contractors. Independent contractors are authorised to perform the Services on our behalf but do not have authority to bind us contractually or incur liability on our behalf. We will perform the Services with reasonable skill and care in accordance with industry standards. Services will not commence until all pre-conditions (e.g., director's guarantee for commercial Customers as per Section 6.2, written confirmations, and deposit payment) are satisfied.

Upon completion of the Services, we will take before-and-after photographs of the work for our records, which may be used as evidence in any disputes, guarantee claims, or legal proceedings. You will be required to provide a Sign-Off at the job site (or remotely via electronic means if agreed). The Sign-Off confirms: (a) the Services are complete; (b) the work meets your expectations (or details any immediate disputes); and (c) acknowledgment of the photographs. Any disputes noted in the Sign-Off must be specific and detailed (e.g., describing the exact issue, location, and evidence); vague notations (e.g., "potential issues") will not be accepted and may deem the Services fully satisfactory. If you are not present at the job site or refuse to provide the Sign-Off without a valid reason (e.g., unresolved issues notified in writing at the time), the before-and-after photographs taken by us will serve as evidence of completion and satisfaction, and the Services will be deemed accepted with the Completion Date set accordingly. Any disputes noted in the Sign-Off must be resolved through Section 18; however, this does not entitle you to withhold payment for undisputed amounts.

In emergencies (e.g., to prevent immediate damage such as flooding), we may obtain verbal approval (recorded) for unforeseen work or costs, followed by mandatory written confirmation from you within 24 hours. Verbal approval will be binding unless contradicted in writing within 24 hours, with recordings and photographs serving as proof. Failure to provide written confirmation will result in suspension of further work and liability for costs incurred.

4. Quotations

Quotations are valid for 28 days from the date of issue and may be withdrawn or varied by us at any time prior to your acceptance. Quotations may be provided verbally (e.g., over the phone) for standardised work or due to geographical constraints, and such verbal Quotations will be recorded for our records. Acceptance of any Quotation (verbal or written) must be confirmed by you in writing (e.g., via email, our online portal, or signed document) within the validity period. Verbal acceptances will be followed by a written summary sent to you via email or post, which you must confirm in writing within 48 hours; failure to do so will result in the Quotation lapsing. We may revise the Quotation by mutual written agreement before commencing the Services if additional information becomes available. No Services will proceed without your written acceptance.

For commercial Customers, acceptance of the Quotation automatically enforces the director's personal guarantee (as per Section 6.2), which is deemed given upon online acceptance and does not require a separate written form.

5. Pricing and Additional Costs

The price for the Services and Goods shall be as set out in the accepted Quotation. We will use reasonable efforts to complete the Services within the quoted price. However, if unforeseen circumstances arise (e.g., hidden defects, additional work required, or increased material costs), we may incur additional costs. In such cases, we will notify you promptly in writing, provide a detailed explanation (including a breakdown of costs), and obtain your written approval for a revised Quotation before proceeding. If you do not approve the revision in writing within 48 hours, we may suspend or terminate the Services, and you will be liable for all costs incurred up to that point, including any restocking fees for Goods. You may not withhold payment for approved work due to disputes over unforeseen costs.

For all jobs with a Quotation value over £100, a non-refundable deposit of 25% of the Quotation value is required upon acceptance to secure the Scheduled Start Date. The deposit will be deducted from the final invoice but forfeited in the event of your cancellation outside permitted periods or breach of these Terms.

6. Payment Terms

Payment must be made in full without any deduction, set-off, counterclaim, or withholding whatsoever, unless expressly agreed in writing by us. Partial payments will not discharge your obligations and may be applied at our discretion to any outstanding amounts. If you dispute any part of an invoice, you must pay the undisputed amount by the Due Date and notify us in writing of the dispute within 7 days of the invoice date, providing detailed reasons and evidence. Disputed amounts must be resolved through the dispute resolution process in Section 18; pending resolution, you may be required to pay disputed sums into an escrow account held by a neutral third party. If the dispute is resolved in our favour or found to be invalid, interest will accrue on the escrowed amount at the applicable rate from the Due Date, and you will be liable for any escrow fees. You are limited to one dispute per invoice unless new evidence (defined as material facts not reasonably discoverable earlier) emerges justifying an additional claim.

6.1 Domestic Customers

Payment is due in full by 5:00 PM on the Due Date. If payment is not received by this time, an administration fee of £25 will be applied immediately on the day following the Due Date. Overdue amounts shall accrue interest at a rate of 3% per annum above the Bank of England base rate from time to time, calculated daily from the day after the Due Date until payment is received in full.

6.2 Commercial Customers

Payment is due in full by 5:00 PM on the Due Date. If payment is not received by this time, an administration fee of £25 will be applied immediately on the day following the Due Date. Overdue amounts shall accrue interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% per annum above the Bank of England base rate), calculated daily from the day after the Due Date until payment is received in full. All commercial Customers must provide a personal guarantee from their directors (in the form provided by us as an appendix to these Terms or otherwise acceptable to us) upon acceptance of the Quotation. This requirement is mandatory and enforced at the time of Quotation approval; Services will not commence until the signed guarantee is received. This guarantee personally and irrevocably binds the directors to satisfy any outstanding obligations (including interest, fees, and costs) in the event of default by the Customer. Failure to pay may result in us suspending Services, pursuing debt recovery through third-party agencies or legal proceedings, and recovering all associated costs (including legal fees on an indemnity basis, court expenses, and collection fees) from you and/or the guarantors.

6.3 Payment Methods and Defaults

We accept payment by bank transfer or card payment (via Square or similar). Payment details will be provided on the invoice or via our online portal, and invoices will be deemed delivered upon sending (with proof of transmission available upon request). If any payment method fails or is dishonoured (e.g., failed card transaction, or reversed transfer), a £10 administration fee will apply per incident, in addition to any bank charges incurred by us. We will notify you in writing of any overdue payment and provide 7 days to remedy before escalation. If any payment remains overdue for 30 days after the Due Date, we may, without further notice, refer the debt to a third-party collection agency, pursue a County Court Judgment, or exercise any other remedies available at law. You will be liable for all additional costs incurred in recovery. Repeated defaults or vexatious disputes may result in termination of the Agreement and refusal of future services.

For high-value Goods (over £500), we may require full payment for the Goods upfront before installation.

7. Working Hours

Our standard working hours are 8:00 AM to 6:00 PM, Monday to Friday (excluding public holidays). Services outside these hours may be available upon request and will incur additional charges as specified in the Quotation or revised Quotation.

8. Liability for Damage

We shall not be liable for any loss, damage, or consequential loss (including but not limited to loss of profits, business interruption, or cleaning costs) to your property unless directly caused by our proven negligence or wilful misconduct. Where access requires us to create openings (e.g., holes), we will fill and level them but will not restore original surfaces, decorations, or constructions. Any redecoration, repairs, or consequential works following our Services are your sole responsibility. Our total liability under this Agreement (except for death or personal injury caused by negligence, fraud, or other liability that cannot be limited by law) shall be limited to the total value of the Quotation. You agree that this limitation is fair and reasonable given the nature of the Services.

9. Customer Obligations

Prior to the Scheduled Start Date, you must provide written confirmation (via email or our portal) that: (a) you have informed us of any hazards, risks, or dangers on your property (e.g., asbestos, structural issues, underground utilities); (b) you will provide clear, safe, and unobstructed access to relevant areas, drains, and covers; (c) you will supply mains electricity and water as required for the Services; and (d) you have obtained all necessary permissions, consents, and rights to authorise the Services (e.g., landlord approval if you are a tenant, planning permission for listed properties, or any other regulatory approvals). Failure to comply may result in additional charges for extra work, delays, or damages incurred by us, or suspension/termination of Services with you liable for costs to date. You warrant the accuracy of all information provided and indemnify us against any losses arising from breaches of this section.

10. Guarantee

We guarantee our workmanship and Goods as follows, from the Completion Date:

- Repairs (parts and labour): 5 years for both domestic and commercial Customers.

- Blockages: 28 days for domestic Customers; 14 days for commercial Customers.

For the purposes of this guarantee, "misuse" means improper or unauthorised use of the system; "neglect" means failure to maintain or follow our aftercare instructions; and "normal wear and tear" means deterioration expected from standard usage over time. This guarantee excludes faults due to misuse, neglect, normal wear and tear, third-party interference, or pre-existing defects. To claim under the guarantee, you must notify us in writing within the guarantee period, providing detailed evidence (e.g., photos, videos, and descriptions) of the issue. Claims are limited to a maximum of 3 per job; additional claims will incur an escalating inspection fee starting at £100 + VAT. We will inspect within a reasonable timeframe; if the claim is invalid (e.g., due to exclusions), you will be charged a reasonable inspection fee (minimum £50 + VAT) plus any travel costs. Valid defects will be remedied at our cost. This guarantee does not affect your statutory rights under the Consumer Rights Act 2015 (for consumers) or other applicable laws. We may decline to provide a guarantee if system design or installation faults prevent access, as notified in the Quotation.

11. Force Majeure

Neither party shall be liable for any delay or failure to perform obligations (other than payment obligations) due to events beyond their reasonable control (e.g., acts of God, strikes, pandemics, supply shortages, or government restrictions). The affected party will notify the other promptly in writing and resume performance as soon as reasonably possible. If the event persists for more than 30 days, either party may terminate the Agreement by written notice, with you liable for costs incurred up to termination.

12. Cancellation Rights

12.1 Your Right to Cancel

If you are a consumer (not acting in the course of business), you have a statutory right to cancel within 14 days from the later of: (a) your written acceptance of the Quotation; or (b) receipt of any ordered Goods (the "Cooling-Off Period"). To cancel, notify us in writing (email or post) to Info@totaldrains.co.uk or 15 Filwood Drive, Bristol, BS15 4HT. If you request in writing that we start Services during the Cooling-Off Period and later cancel, you must pay the full, reasonable costs of Services performed and Goods supplied/ordered up to cancellation (capped at the Quotation value, with a detailed breakdown provided). Such requests waive the Cooling-Off Period proportionally.

For all Customers, cancellations outside the Cooling-Off Period but at least 14 days before the Scheduled Start Date are fee-free (less the deposit, which is non-refundable). Cancellations less than 14 days but more than 7 days before the Scheduled Start Date incur a 25% fee of the Quotation value. Cancellations 7 days or less before (or on) the Scheduled Start Date incur a 50% fee. The Scheduled Start Date is fixed upon payment of the required deposit (as specified in the Quotation). Fees cover administrative, preparatory, and opportunity costs.

12.2 Our Right to Cancel

We may cancel the Agreement at any time by written notice, including for your breach (e.g., non-payment, failure to provide access). If we cancel without cause (e.g., not due to your breach or force majeure), we will reimburse your proven, direct out-of-pocket costs (excluding consequential losses) up to a maximum of 10% of the Quotation value, upon receipt of evidence.

13. Data Protection

We process your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. We may conduct credit reference checks and share data with agencies for credit decisions, fraud prevention, debt recovery, and identity verification. This processing is carried out on the basis of our legitimate interests in managing our business operations, providing the Services, and protecting against risks such as non-payment or fraud. These interests are balanced against your rights and do not override them. You have the right to object to this processing under UK GDPR Article 21; however, if you object, we may be unable to provide or continue the Services. For full details on how we process your data, including your rights (e.g., access, rectification, erasure), see our Privacy Policy at www.totaldrains.co.uk or contact us at Info@totaldrains.co.uk or 0117 251 0555.

14. Promotions and Offers

Any promotions are subject to these Terms and any specific terms stated in writing at the time of the offer.

15. Travel Charges

For Services outside the BS and BA postcode areas, a travel charge of £1.30 + VAT per mile applies from our base location. This charge will be included in the Quotation and is non-negotiable unless expressly varied in writing in the Quotation based on the scope of work.

16. Retention of Title

Title to all Goods supplied remains with us until full payment (including any interest and fees) is received. If payment is not made by the Due Date, we may enter your property (with reasonable notice) to recover the Goods, and you grant us irrevocable access for this purpose. Installed Goods may be removed if necessary, with you liable for any reinstatement costs. If access is refused or obstructed, you will be charged reasonable storage and removal fees (e.g., £50 per day + VAT) until recovery is completed.

17. Anti-Abuse

You agree not to engage in vexatious, repetitive, or abusive conduct (e.g., serial unfounded disputes, repeated cancellations, or intentional defaults). Such conduct may result in immediate termination of the Agreement, forfeiture of any deposits or payments, and refusal of future services, without prejudice to our other rights.

18. Dispute Resolution

Any disputes must first be attempted to be resolved in good faith through written negotiation within 14 days of notification. If unresolved, the parties will engage in mediation via a mutually agreed mediator (or appointed by CEDR if no agreement) within 21 days, with costs shared equally unless otherwise determined by the mediator. If mediation fails, disputes may proceed to court. This does not affect your statutory rights. You agree to act reasonably and not use disputes to delay undisputed payments. We reserve the right to seek interim court relief (e.g., injunctions or payment orders) for overdue amounts during the process.

19. General

We may assign, subcontract, or transfer our rights and obligations under this Agreement without your consent. You may not assign or transfer without our prior written consent. Notices must be in writing and sent by email (with read receipt) or recorded post to the addresses provided; deemed received 48 hours after sending. These Terms may be updated from time to time to reflect changes in law or our practices; the version in force at Quotation acceptance applies, but we will notify you of material changes. No waiver of any breach shall constitute a waiver of subsequent breaches. If you have any questions, contact Jack Skuse at Info@totaldrains.co.uk or 0117 251 0555. By proceeding, you acknowledge these Terms form a binding contract.