1. Parties, Definitions and Interpretation

In these terms and conditions (referred to in this document as “these Terms”):

“Customer” means the person or entity for whom the Works are to be carried out by HUBB Group LTD (“HUBB”).

“HUBB” means HUBB Group LTD (Company Number [insert if desired]).

“Contract” means the agreement between the Customer and HUBB to carry out the Works, of which these Terms form a part (including where these Terms are a schedule to a signed agreement between the Customer and HUBB).

“Works” means the works described in HUBB’s estimate and/or as referred to in HUBB’s work detail sheet, job sheet, email or other written communication, as may be varied by written agreement between the parties.

For these purposes, “in writing” and “written” include email and any document set out on a handheld device; any signature on a handheld screen shall be treated as “in writing.”

Words importing the masculine include the feminine and neuter. Words in the singular include the plural, and vice versa, where the context so requires.

2. General

2.1 The Customer will be treated as an Account Customer or a Non-Account Customer at HUBB’s reasonable discretion.

2.2 All estimates given by HUBB, all orders and instructions from the Customer, and all work authorisations are governed by these Terms. They supersede any other terms and override any other terms stipulated or incorporated by the Customer unless these Terms form a schedule to a signed agreement between the Customer and HUBB, in which case they apply only to the extent not inconsistent with that agreement.

2.3 The Customer acknowledges that HUBB has not made any representations (other than those expressly set out in the Contract or HUBB’s estimate) that have induced it to enter the Contract. The Contract constitutes the entire understanding between HUBB and the Customer for the Works.

2.4 No modification to the Contract shall be effective unless expressly agreed in writing or by email exchange between the parties. Signing by HUBB of any Customer documentation shall not imply any modification of the Contract.

2.5 Nothing in these Terms is intended to confer rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

3. Price, Estimates and Variations

3.1 Unless HUBB provides the Customer with a written estimate accepted by the Customer in accordance with its terms, all Works will be charged at HUBB’s standard rate card applicable at the time the Works are carried out.

3.2 Any estimate is subject to withdrawal by HUBB at any time before unqualified acceptance, and is deemed withdrawn if not accepted within 28 days of its date.

3.3 If a written estimate is accepted, it is a firm, fixed-price quotation unless stated otherwise by HUBB in the estimate or except in these cases:

3.3.1 If the estimate was based on incorrect or insufficient information, HUBB reserves the right to revise it.

3.3.2 If, before the Works commence, the cost of parts, materials, equipment hire or transport increases by more than 10% since the estimate date, HUBB may issue a revised estimate. The Customer may cancel if the Works have not begun or within 48 hours of the revised estimate being provided.

3.4 For materials not carried in HUBB’s standard stock, unless the estimate includes all collection fees, HUBB charges a fixed collection fee of £50 plus VAT. If significant time is needed to source rare items, HUBB will notify the Customer in advance; such time will be charged per the standard rate card if the Customer does not source the item themselves.

3.5 HUBB’s standard rate card is available on request, on its website, or at its premises during business hours. Charges are calculated by the half hour, with a minimum charge of one hour.

3.6 Unless otherwise stated, all prices and estimates exclude VAT.

3.7 If the Works involve diagnostics, and an item is replaced during that process because it is found faulty, the Customer will pay for the replacement even if another fault caused the overall breakdown.

3.8 HUBB may apply a mark-up of up to 65% on the actual cost paid by HUBB for parts or materials, at its discretion, to reflect trade discounts and procurement costs.

4. Payment and Title

4.1 Non-Account Customers: Payment is due immediately on completion of the Works.

4.2 Account Customers: HUBB will normally issue invoices within 14 days of completion. Payment is due within 30 days of invoice date, subject to paragraph 11.

4.3 Snagging: Where Works are completed subject to snagging, 95% of amounts due must be paid on completion. The remaining 5% is due upon finalisation of snagging, or within 14 days if access is not provided to complete the snagging.

4.4 If the Customer is represented by a third party (such as an agent, tenant, contractor, etc.) and payment is not made, the third party shall be liable unless HUBB has agreed otherwise in writing.

4.5 In the case of consumer Customers, HUBB may charge interest at 4% above the Bank of England base rate on overdue sums, plus collection charges (minimum £40+VAT for debts <£1,000; £75+VAT for debts ≥£1,000). For commercial Customers, HUBB will apply interest and charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

4.6 HUBB is not required to issue certificates, guarantees or other documentation until payment is made in full.

4.7 Title in all parts and materials supplied remains with HUBB until payment in full.

5. The Works

All descriptions, illustrations or marketing materials are intended only to give a general idea of the Works. They do not form part of the Contract.

6. Commencement and Completion Dates

Dates for starting or completing the Works are estimates only. HUBB will use reasonable endeavours to attend at the agreed date/time but is not liable for non-attendance, delays, or non-delivery of materials. Time is not of the essence unless expressly stated otherwise.

7. Permits, Licences, Consents and Access

7.1 The Customer is responsible for obtaining all permits, licences or consents, unless HUBB agrees otherwise in writing.

7.2 The Customer must provide clear, safe access for HUBB to undertake the Works and arrange any required traffic controls. HUBB will not enter premises where the only occupant is a minor.

7.3 The Customer must provide power and clean water for HUBB’s use.

7.4 For drainage works, the Customer should provide a drainage plan. If unavailable, HUBB may charge extra if blockages occur outside the scope of specifications or if tracing unidentified drains is required.

7.5 The Customer must obtain permission for HUBB to access third-party property if required. The Customer indemnifies HUBB against claims from third parties arising from such access except where due to HUBB’s negligence.

7.6 The Customer must remove all fixtures and fittings from the work area before work begins, at their own expense. HUBB may remove them if not done, at the Customer’s expense, and will not be responsible for damage unless due to its negligence.

8. Frozen Pipes

HUBB is not liable for fractures found in frozen pipes, nor does it guarantee clearing blockages in frozen pipes or drains.

9. Removal of Waste

Unless agreed otherwise in writing, the Customer is responsible for removing waste from site.

10. Force Majeure

HUBB will use reasonable endeavours to perform the Works on agreed dates but is not liable if it is impossible or impracticable to do so due to strikes, industrial disputes, acts of God, or other events beyond its control.

11. Inspection of Works and Complaints

11.1 The Customer must inspect the Works immediately upon completion and notify HUBB in detail in writing within 7 days if they consider any part does not comply with the Contract. Otherwise, the Works will be presumed complete and free of defects apparent on reasonable examination.

11.2 If HUBB agrees with the Customer’s complaint, it will make good the defect at its own cost. If HUBB disagrees, the Customer may refer the matter to a relevant trade accreditation body for mediation. If the Customer involves another contractor before giving HUBB a chance to correct any agreed defect or to exhaust mediation, that will be at the Customer’s cost, and HUBB remains entitled to payment in full.

12. Defects

12.1 Subject to paragraph 11 and the exclusions in 12.4, HUBB will repair or make good defects arising from a breach of its obligations that appear within 12 months of completion, provided the defect is notified in writing and payment has been made in full.

12.2 If HUBB inspects a defect claim that is not due to its breach, it may charge for the visit at standard rates.

12.3 HUBB may decline to carry out work under this warranty where the Customer cannot evidence that HUBB performed the original work or where payment was not made in full.

12.4 Exclusions include:

Parts/materials guaranteed only to the extent of the manufacturer’s warranty.

Systems or structures not installed by HUBB.

Issues arising from matters known to the Customer but not disclosed before work began.

Defects caused by misuse or faulty workmanship by the Customer or others.

Structural defects, including subsidence.

Damage to drains from root penetration or other external forces.

Roofing repairs involving less than 20% of the roof where HUBB has advised more extensive work is needed.

Repairs or fitting of locks not supplied by HUBB.

13. HUBB’s Liability

13.1 These Terms set out HUBB’s entire liability, excluding all other warranties or conditions, express or implied.

13.2 HUBB’s liability is limited to:

Making good defects under paragraph 12.

Liability for death or personal injury from negligence.

The reasonable cost of repairing or reinstating Customer property where damage results from HUBB’s negligence.

13.3 HUBB is not liable for damage to parts of the Customer’s property caused by pre-existing defects or weaknesses.

14. Customer’s Liability

14.1 The Customer is liable for:

Loss, damage or injury arising from delay or failure to perform obligations under the Contract.

The safety of HUBB’s plant, tools and machinery on site and indemnifying HUBB against their loss, theft or damage.

14.2 The Customer shall indemnify HUBB against all claims, demands, losses, costs and expenses arising from the Customer’s failure or delay in performing its obligations.

15. Cancellation

15.1 If the Customer cancels the Contract without HUBB’s agreement (other than under 3.3), the Customer will indemnify HUBB against all loss, damage or claims arising from such cancellation, and remains liable to pay per paragraph 4.

15.2 Cancelling a booked visit less than 2 hours before the scheduled time will incur a £50+VAT fee unless HUBB’s operative has already arrived, in which case one hour’s charge applies.

15.3 For planned, non-emergency Works over £1,000 with an accepted written estimate, the Customer has a 14-day cooling-off period to cancel without charge, unless the Works have started with their agreement.

15.4 When cancelling Works (except under 3.3), the Customer will be liable for:

5% of any amount already paid (bank/credit card costs).

An admin/demobilisation fee of £50+VAT or, if greater:

5% of the estimate price if cancelled less than 14 days before start,

10% if cancelled less than 7 days before start,

20% if cancelled less than 2 days before start.