BEAR Plumbing, Heating & Tiling offers services, including all aspects of general plumbing and gas heating appliances.
Please check our website or contact our customer services team before booking for all information.
All the Operatives at BEAR Plumbing, Heating & Tiling are gas safety accredited, authorised and regulated to carry out all our services relating to general plumbing, boiler repair, installation and related services, gas repair, installation, and other related services.
This version of our terms & conditions was updated as of October 2023 and may have been amended since last viewed. If you require details of any amendments, including the date of those amendments, please get in touch with our customer services team on info@bearphat.co.uk.
For the purpose of these terms and conditions, the following words shall have the following meaning:
a. ‘The Company’ shall mean BEAR Plumbing, Heating & Tiling.
b. ‘The Customer’ shall mean the person or organisation for whom the company agrees to carry out works.
c. ‘The Operative’ shall mean the representative appointed by the company to carry out such works.
When the Customer obtains services from the Company, the Customer will undertake that:
1. Upon booking a service, the Company will place a pre-authorised charge on the Customer’s card amounting to one hour’s minimum labour charge or a Booking Fee.
The Company will always inform the Customer via email or our customer service team that the Booking Fee is a pre-authorised charge held on a chosen debit card for payment when booking. At this point, a contract is formed between the Customer and the Company for the selected service, subject to the terms contained in the agreement. Considering this charge, the balance on completing the service or works shall be subtracted. If the Customer refuses to take on any further services beyond the first hour, or if the Operative attempts to enter and is not given access to the premises for any reason, the Company reserves the right to charge the Booking Fee as a minimum charge.
2. The Company will charge a Booking Fee, and further charges are always possible.
All booked and accepted jobs (via email confirmation or as confirmed by our customer service team) are subject to a Booking Fee.
If an Operative enters the premises and carries out services that exceed the first hour, the subsequent labour-related charges will be calculated per half an hour spent. The Company ensure any charges are communicated as clearly as possible (via email confirmation or verbally by our customer services team and by way of estimation quote where possible). If applicable, the price of the Operative’s parking fees (congestion fees or parking tickets) shall also be payable within the final invoice; upon request, the Company can provide reasonable evidence of such. When the requested services are completed, the Operative will collect the Customer’s signature on their Personal Digital Assistant Device (PDA) to confirm the hours taken regarding the labour performed by them on the premises. All additional or ancillary services, parts or equipment shall be calculated separately and payable by the Customer within the service invoice. Should the Customer fail to provide a signature on the Operative’s PDA upon the completion of services, the Operative will sign on their behalf. The Customer will remain liable to pay for all fees accumulated until the completion of services or the applicable fees for the work completed if the services are not fully satisfied at the Customer’s request (including any ancillary costs such as parts).
3. The Company requires more than 24 hours notice to cancel or reschedule any booking. A charge will be incurred if a booking is cancelled or rescheduled with less than 24 hours notice.
The Booking Fee is fully refundable provided the Customer cancels or reschedules the booking more than 24 hours before the time that the booking is scheduled, as it can be reasonably assumed that the Operative is either en route to the premises or would be otherwise unable to book this slot with another customer. For emergency or same-day bookings, this fee cannot be refunded for these reasons.
4. The Company reserves the right to charge a one-hour Booking Fee if unable to enter the premises.
If the Operative is unable to enter the premises for any reason whatsoever, including, without limitation, the Customer forgetting about the appointment or not providing the Operative access to the property, the one-hour Booking Fee will be charged for the Operative’s time spent, irrespective of whether any work was carried out on that day. If the Customer chooses to rebook the appointment, they must pay a further Booking Fee to reserve the time slot again.
5. All additional parts, materials or equipment hires will be subject to separate charges.
All specialist parts or materials are subject to the charge as quoted to the Customer at the time, and the Company do not price match on this basis.
6. The Company will only charge travel costs incurred by their Operatives if the Customer requests them to visit a supplier on their behalf on the same day.
The Company will only charge for the travel costs of the Operatives if the cost is incurred by a request for a specialist part to be collected by them. If this situation occurs, the time spent by the Operative will be subject to an hourly charge. The Company reserves the right (subject to term 3 of this agreement) to charge any fees incurred in relation to any parking or congestion charges when applicable.
7. The Company will request a minimum upfront deposit for any parts, products, or materials subject to a specialist order.
The Company will charge 50% of the value for parts, products, or materials subject to a specialist order. This is an up-front charge that must be paid before ordering. Once the Customer has made full payment, any specialist parts or materials are deemed to belong to the Customer. The Customer will remain liable for the remaining 50% of the value. Should the Company be unable to return any parts ordered for the Customer, then the Customer will remain responsible for the fees associated with these parts.
8. Charges become payable as soon as the service is deemed to be completed by the Company at the Customer’s premises.
The Company accepts payment via bank transfer or from all major debit cards. Any delays in this payment resulting in the Operative having to remain at the premises shall be subject to an hourly charging structure (in half an hour increments). The Company reserves the right to deduct the Booking Fee from any further charges incurred. Please note Operatives cannot and will not accept cash.
9. If an urgent or breakdown service is required, it will be calculated hourly and subject to a premium rate.
Breakdown or urgent services are calculated hourly, considering the Company’s quoted hourly rate, which depends on the service's urgency and are subject to availability. Upon the completion of the Operative’s services, they will collect the Customer’s signature on their Personal Digital Assistant Device to confirm the hours spent at the Customer’s premises. All additional or ancillary services, parts or equipment will be calculated separately via a further estimation when possible.
10. New installations carried out by our Operatives may come with a 12-month parts and labour warranty.
This 12-month warranty does not apply to any parts not supplied by the Company, as the reliability of third-party products cannot be endorsed. Any warranty is discretionary and may be revoked at any time if the Company can reasonably satisfy that you have not followed the advice of the Operatives, who may have recommended different parts to your chosen parts, an additional service type or a replacement of existing parts or equipment. If any third parties work on top of the Company’s existing work, then any warranty issued by the Company will automatically cease. If called out on a warranty-based repair or service, and there is reasonable evidence to suggest that the Customer is in breach of warranty terms, the service, including the call-out fee (Booking Fee), shall be charged to the Customer. Any additional or extra warranties on parts, materials and products are entirely at the Company’s discretion and can only be fulfilled the day the Company completes the implicated service. The warranty does not cover any factors that can be regarded as beyond the Company’s control, such as acts of god, fires, third-party-caused damage and weather-related damage. To avoid doubt, this refers to the Company’s warranty only, and the Customer may also be entitled to a parts warranty from the applicable manufacturer. The Company cannot be held responsible for any warranties given by the manufacturer of a particular part or product, and the Customer must instead contact them directly.
11. The Company will usually provide an estimation or a fixed-fee quotation in writing. This can be changed or withdrawn by the Company at any time before the services are completed.
An estimation provided for non-breakdown services (or before Operatives assess the job) is on an ad-hoc basis. This estimation will be based on the details provided by the Customer as a correct, comprehensive, and complete picture of the services required. The Company cannot be held liable for the cost of any unanticipated services identified by Operatives on site, which could include additional parts to be obtained from third parties on the Customer’s behalf. This can also include issues of which the Customer was not aware. For the benefit of a fixed fee service, the Company cannot itemise or provide the Customer with an extensive breakdown of what is included. This is considered a complete service rather than a series of services together.
12. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
The Company shall not be obligated to provide an estimate to the Customer. It shall only be bound (subject to hereinafter) by estimates given in writing and signed by a duly authorised company representative.
13. All estimations and fixed-fee quotations provided by the Company expire after 28 days.
All quotations provided by the Company will automatically expire 28 days after issue. If the Customer does not accept a quotation within 28 days and would like to engage the Company’s services, a new quotation will need to be obtained, and the Company cannot guarantee that this will be the same or a similar price.
14. The Company reserves the right to increase the estimation before its Operatives carry out any services.
Unanticipated costs for labour and any additional materials or equipment hire beyond the Company's reasonable control may increase the estimation. If dissatisfied with any cost increase, the Customer is entitled to cancel the contract before services are due to commence.
15. The Company requests the equivalent of a 50% payment in advance upon the booking of any additional works.
The Customer’s bank or building society will hold this payment as a pre-authorised charge. If the anticipated works are scheduled to commence seven days or less after the initial booking, the Company may hold up to 100% of the funds as a pre-authorised charge. This amount will be taken from the Customer’s bank account upon completing the works. If the Customer cancels the booking before the commencement of the work or during the service, they may be entitled to a full or partial refund subject to the terms of this agreement.
16. The Customer has the right to enter into this agreement as the owner or lawful occupier of the premises for which the request for services is made to the Company.
By entering into this agreement, the Customer confirms that the Company has the right to enter and alter the premises where the services are requested to be carried out. Should it be found that the Customer does not have the right to do so, they hereby indemnify the Company against all expenses and costs arising from carrying out any services at their request. If the Customer is making contact on behalf of another person or will not be present when the services are carried out, they confirm that they recognise the agreement is with the Company and, as such, will remain liable for any services carried out at their request. The card used to carry out the initial booking shall be charged accordingly upon the completion of the services should the Company be unable to recuperate the remaining cost on the site of the premises. Any person on the premises who allows access to our Operatives shall be reasonably considered to have the authority to sign any applicable invoices for the Company’s services.
17. The Company cannot always accept requests for services.
It is not always possible for the Company to accept a request for their services and request the right to decline requests for services due to supply shortages within the Customer’s area, lack of availability of Operatives or other reasons beyond reasonable control. The Company will endeavour to inform the Customer as soon as possible if unable to carry out any requested services, and the Customer will not be charged.
18. The Customer must ensure adequate steps are taken to protect personal possessions and furnishings before the Company carries out any services.
The Customer will take full responsibility for ensuring all reasonable steps are taken to protect soft furnishings, furniture, fixtures, and fittings before engaging the Company’s services. The Company will make reasonable efforts not to cause any damage; however, possessions are left at the Customer’s own risk and discretion, and it is recommended that all items capable of incurring incidental damage in the space in which the Operatives have been enlisted are removed or otherwise covered before the commencement of our services as we are unable to accept any liability for any damage caused to these.
19. The Company will not clean or dispose of any waste after providing any service.
The Company will make every effort to ensure that Operatives respect the premises; however, they are unfortunately unable to dispose of any waste products accumulated in the provision of services on the Customer’s behalf. This includes old parts, packaging or waste generated in completing the service.
20. If the Customer requests to unclog a blockage, the Company cannot guarantee any results. Instead, the service (for which the Customer pays) is the Company’s attempt at unclogging the concerned pipe(s).
The Company will make reasonable efforts to unclog or unblock any clogged pipes in waste and drainage systems when enlisted to carry out blockage services. However, due to the unpredictable nature of blockages in waste and drainage systems, the Company cannot guarantee any results whatsoever in carrying out this service. The Company also cannot guarantee that beyond the completion of the service, the waste and drainage systems will not incur any blockages in the future.
21. The Company cannot guarantee any effects in cleaning frozen pipes or drainage system blockages.
When instructed to carry out a blockage service in cold climates, the Customer does so at their own risk, as the Company cannot guarantee the effectiveness of their services when subject to lower climates. Therefore, All Your Property Services Ltd cannot offer any warranty or guarantee on these services. Likewise, the Company cannot be held liable for any fractures found in frozen pipes, or drainage systems provided that the Customer is made reasonably aware of the risks involved and chooses to pursue this service. It is understood that the Customer does so at their own risk.
22. If the Customer requests our Operatives to stop working part-way through a service, they shall be liable for the service carried out until that point.
Should the Customer wish to stop the services before they are completed, they must inform the Operative on site as soon as possible. In the case of an hourly fee service, the Customer will be charged depending on the time spent until that point (subject to the terms of this agreement). If the service is a fixed fee, the Company will charge based on the work carried out thus far.
23. If the Customer believes that the service has not been carried out with reasonable care and skill, they will agree to allow the Company the opportunity to investigate.
Where the Company offers a 12-month warranty on selected parts and services, they can only fulfil this warranty if the Customer alerts them of any issues in the first instance and permits the Company to access the premises to investigate. This warranty will not apply (subject to term 10 of this agreement) if it is found that there has been a third party at the premises following the installation, as the Company cannot reasonably deduce whether this is the fault of the third party or the Company’s Operatives. Any bookings made considering the warranty that violate the above terms or where an Operative attends the premises to find no fault shall be chargeable at the usual hourly rates. Please request an up-to-date list of our rates. To avoid doubt, the Company cannot be held responsible for any warranties given by the manufacturer of a particular part or product; the Customer must instead contact them directly.
24. The Company cannot be held liable for any damage to property during investigative work.
The Customer may request the Company to perform an investigative and diagnostic service for any defective part; however, they understand that damage may be incurred to the premises during this investigation to repair the fault. This is inclusive of, without limitation, the removal of bathroom suites, panels, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles), internal and external walls where pipework has or must be routed, and this can be for any plumbing, gas or drain related work. The Company may also cause damage to wallpaper, paint, and furniture during the investigation and restoration or repair services. The Company will always make this risk clear to the Customer, and should the Customer still choose to proceed with the investigation services, the Company cannot be liable for damage (that was foreseeable by the Customer) caused in delivering this service upon request. Subsequently, the Company will not remedy, repair or otherwise make good on any damage caused as this service is carried out at the Customer’s risk.
25. The Customer may be charged if they do not give the Company all the information required to complete the service.
If the Customer fails to provide the information requested by the Company on how to access the property correctly or if they do not do the requested preparatory work ahead of the service, as agreed, the Company reserves the right to charge the Booking Fee.
26. If the Customer does not pay for the service and it is carried out with reasonable care and skill, the Company has the right to take legal action.
Under consumer regulations, a contract for a service is not subject to a cooling-off period once the service is delivered. This means that providing the services have been carried out with reasonable care and skill; the Company reserves the the right to take legal action to ensure that a timely payment is made for any services delivered.
27. The Company reserves the right to uninstall parts or goods the Customer has not paid for.
Goods such as parts only belong to the Customer once they paid for them in full. Therefore, any parts for which the Customer does not fully pay will remain the property of the Company. If the Customer refuses to make a full payment, the Company has the right to uninstall these goods and will charge the applicable hourly rate for any extra time spent by the Operatives in uninstalling.
28. Services are subject to VAT at the prevailing rate, and the Company will pass on any increases in VAT.
If the rate of VAT changes between the order date and the date the Company supply the service, the rate of VAT that the Customer pays will be adjusted accordingly unless they have already paid in full before the change in the rate of VAT takes effect.
29. Interest will be charged on late payments.
If the Company cannot collect any payment owed by the Customer, interest will be charged on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues daily from the due date until the actual payment of the overdue amount, whether before or after judgment. The Customer must pay the interest together with any outstanding amount.
30. The Company cannot be held responsible for delays outside of its control.
Should the service be delayed by an event outside the Company’s control, such as traffic delays or failures of third parties, the Customer will be advised as soon as possible on how the Company will attempt to reduce any delay. This means the Company will not compensate the Customer for the delay. However, if the delay is likely substantial, the Customer may contact the Customer Service Team to end the contract and receive a refund for any services paid for in advance but not received, less reasonable costs already incurred.
31. The Customer has the legal right to change their mind.
For the majority of services purchased via the telephone or on the doorstep, the Customer has 14 days after the date the order is confirmed in which to change their mind however:
—The Customer will lose the right to cancel any service when it is completed (and must pay for any services provided until the time of cancellation; this includes our Booking Fee).
—If cancelling a same-day service, the Customer is not entitled to a refund as the Operatives would have made arrangements to travel to the premises. All cancellations made on this basis shall be subject to our Booking Fee.
32. Notifying the Company of a cancellation.
Should the Customer change their mind (providing they have given at least 24 hours of prior notice for any booked service), they must contact our Customer Service Team as soon as possible. The Company will make any applicable refund within 14 days of being informed. The Company will refund by the same method used for payment and will not charge a fee for the refund.
33. The Customer has rights if there is something wrong with the service provided.
Should the Customer think there is something wrong with the service, they must contact our Customer Service Team. Our Operatives will take photographic evidence of the services carried out when possible. Should the Customer believe that they did not receive a service that was carried out with reasonable care and skill, please get in touch with the Customer Service Team with photographic evidence and the nature of the complaint in good detail. The Company will then investigate the complaint (subject to term 20 of these terms) and attempt to rectify the situation. If, upon our investigation, it is found that services were carried out with due care and skill, the Customer will be liable for charges by the hourly rate. Please see the list of rates for the possible charges.
Summary of the Customer’s fundamental legal rights:
If the product is a service, for example, the installation of a gas appliance, the Consumer Rights Act 2015 says:
• The Customer can ask to repeat or fix a service if it is not carried out with reasonable care and skill or
get some money back if it cannot be fixed.
• If a price has not been agreed upfront, what the Customer is asked to pay must be reasonable.
• If a time has not been agreed upfront, it must be carried out within a reasonable time.
34. The Company reserves the right to change a service provided.
This may reflect changes in relevant laws and regulatory requirements and make minor technical adjustments and improvements, for example, to address a security threat. These changes do not affect the Customer’s use of the service.
35. The Company reserves the right to suspend a supply of services (and the Customer has rights if this happens).
The Company may do this to deal with technical problems or make minor technical changes, update the service to reflect changes in relevant laws and regulatory requirements or make changes to the service.
36. The Company has the right to withdraw services.
All Your Property Services Ltd can stop providing a service and will advise as soon as possible if they choose to do so. They will refund any sums paid in advance for services not provided.
37. The Company has the right to end the contract.
The Company reserves the right to end a contract and claim any compensation owed if the Customer does not make any payment owed and still does not make any payment within seven days of the reminder. If the Customer does not, within a reasonable timeframe, provide the information, cooperation, or access required to provide the service (e.g., a correct contact number, email address or site address).
38. The Company will not compensate for all losses caused by them or their services.
The Company will be responsible for losses caused by the Company breaking this contract unless the loss:
—was not apparent that it would happen, and nothing said to the Company before accepting the order meant it should have been expected (so, in the law, the loss was unforeseeable).
—is caused by a delaying event outside the Company’s control.
—is something the Customer could have avoided by taking reasonable action, including following
the Company’s reasonable instructions for use.
—is a business loss. It relates to the Customer’s use of a product for their trade, business, craft, or profession.
39. The Company are not liable for business losses.
The Company will only supply the service to the Customer for domestic or private use. If the Customer uses the services for any commercial, business or re-sale purpose, the Company’s liability will be limited as stipulated below.
40. The Company’s responsibility for loss or damage suffered by the Customer if they are a business:
Nothing in these terms shall limit or exclude liability for:
—death or personal injury caused by the Company’s negligence or the negligence of the Company’s
employees, agents, or subcontractors (as applicable).
—fraud or fraudulent misrepresentation.
—breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the
Supply of Goods and Services Act 1982; and
—any matter in which it would be unlawful for the Company to exclude or restrict liability.
Except to the extent expressly stated in these terms and conditions, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
The Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between the two parties; and
The Company’s total liability to the Customer for all other losses arising under or in connection with any contract between the two parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by the Customer for services under such contract.
41. The Company will use the Customer’s personal data set out in the Privacy Notice.
42. The Customer will have several options for resolving disputes with the Company as
per the Complaints Policy:
—the Customer Service Team will do their best to resolve any complaint as per our Complaints Policy.
—When complaining to the Company, the Customer must get in contact with photographic evidence
and the nature of the complaint in reasonable detail. The Company will then investigate the
complaint and try to rectify the situation. Complaints may be sent via email to info@bearphat.co.uk,
and the Company will endeavour to reply to all complaints within ten working days.
—the Customer may also send the complaint by post to (insert postal address here)
—the Customer can go to court. These terms are governed by English law, and wherever the Customer lives, they can bring claims against the Company in the English courts. If the Customer resides in Wales, Scotland, or Northern Ireland, they can also bring claims against the Company in the courts of the country in which they reside. Likewise, the Company can claim against the Customer in the courts of the country they live in.
43. Should the Customer have a complaint relating to damage caused by the Company’s Operatives,
they must alert the Company in the first instance:
The Customer must contact the Company as soon as possible should they believe that any damage has been caused to their premises by our Operatives. The complaint must have a written description with supporting photographic evidence, and the Customer must allow an investigation in person so that the Company can assess any damage. The Company can only be held liable when allowed to investigate the nature of the complaint in person. Likewise, the Company cannot be held liable where the Customer had enlisted third parties as it becomes impossible to determine any liability. If the investigation proves the Company is at fault, they will seek to rectify the damage within a reasonable timeframe. This will not apply if it is found that there has been a third party at the premises following the Company’s installation, as it cannot be reasonably deduced whether this is the fault of the third party or the Company’s Operatives. Any callouts attributed to a claim for damage caused by the Company that are found to be no fault of their Operatives shall be chargeable at the usual hourly rates (with a minimum of one-hour Booking Fee should it be found that the Company is not at fault). Please ask for an up-to-date list of rates.
44. The Company will not hold any responsibility for any damage suffered to a part of any premises where the damage is, in whole or in part, a consequence of a defect or weakness in that part of the property (subject to terms 10, 18, 24, 27, 39 and 43 above.)
This includes (without limitation) damage that may have existed before the Company’s Operatives entered the premises, damage that occurred on a part of the premises in which the Operatives did not work, or any damage whatsoever beyond the control of the Operatives.
45. Other essential terms apply to the Company’s contract:
—The Company can transfer the contract so that a different organisation can supply the Customer’s service. The Company will advise the Customer if they propose to do this. If the Customer is unhappy with the transfer, they can contact the Customer Service Team to end the contract within seven days of the Company’s notification and will be refunded any payments made in advance for services not provided.
—Nobody else has any rights under this contract. This contract is between the Customer and the Company. Nobody else can enforce it, and neither party will need to ask anybody else to sign off on ending or changing it.
—If a court invalidates some of this contract and decides some of these terms are unlawful, the rest will still apply.
—if the Company delays enforcing this contract, they can still enforce it later. They might not immediately chase the Customer for not doing something (e.g., making a payment) or for doing something they are not allowed to do, but that does not mean the Company cannot do it later.
46. The terms the Customer will accept in using the Company’s website:
—Products may vary slightly from their pictures. The images of the products on the Company’s website are for illustrative purposes only. Although the Company has made every effort to display the colours accurately, they cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
—The Company remains the owner or the licensee of all intellectual property rights on this site and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
—The Customer should refrain from relying on information on this site. The content on the Company’s site is provided for general information only. It is not intended to amount to advice on which the Customer should rely. The Company recommends obtaining professional or specialist advice before taking or refraining from any action based on the content on this site. The Company make no representations, warranties, or guarantees, whether express or implied, that the content on this site is accurate, complete, or up to date.
—The Company are not responsible for any websites linked to. Where the site contains links to other sites and resources provided by third parties, these links are provided for information purposes only. Such links should not be interpreted as approval by the Company of those linked websites or information obtained
from them. The Company has no control over the contents of those sites or resources.
© 2023 Bear Plumbing, Heating and Tiling. All rights reserved.