UPDATED JAN 2024
The following Terms of Business apply to all contracts between RPH Heating Limited t/a Florida Pools and Spas and its client(s).
Acceptance of this proposal (verbal/ written/ email engagement via Quickbooks or otherwise, and/or where consideration has passed, and on commencement of the project – will be taken as acceptance of the following terms of business, unless otherwise agreed in writing before commencement of the project.
This does not include any wording or terms set out in any subcontract or purchase orders from the client and these terms will supersede all other terms and prevail in the event of any dispute
1. Fees & Invoicing
a. All fees payable to RPH Heating Limited t/a Florida Pools and Spas will be invoiced depending on the mutually agreed payment terms, which must be agreed by all parties and in writing prior to the commencement of any works and/or the procurement of any associated materials, otherwise, the following terms will apply:
i. All dayworks projects will be invoiced on hourly labour rates, weekly with seven-day payment terms (£38.00 General Labour)/ £58.00 Semi Skilled/ £67.00 Skilled Labour, and £77.00 Director and Engineer Rate).
ii. All projects in excess of £5,000.00 will be invoiced as follows:
1 – Pro-forma invoice will be raised on the commencement of works to cover part or the full costs of materials and access equipment, a percentage of the pro-forma invoice is dependent on the size of project and the frequency of material orders delivered to site.
2 – Interim invoices will be raised every 7 days and to the value of works completed to date, this may also include any further material orders over and above the initial cost and not covered by the proforma invoice. These invoices will be due 7 days from the date of invoice only.
3 – Final invoices will only be raised on the successful completion of works (subject to a time delay when there is a delay in supplier invoicing) and will be due 7 days from invoice date only.
b. RPH Heating Limited t/a Florida Pools and Spas reserves the right to refuse to execute any order or contract if the arrangement for payment of the client’s account is not satisfactory or in circumstances where the client has an insufficient credit limit, listed as high risk and is not willing to pay on a pro-forma basis.
c. The client will have five working days in which to state in writing any reasons why they do not agree to accept any portion of the weekly works. If no representation is available to sign off the works at the time of completion, then the client and RPH Heating Limited t/a Florida Pools and Spas will agree by default that all works have been accepted in favour of RPH Heating Limited t/a Florida Pools and Spas and the account is deemed ready for the final invoices to be submitted.
d. The payments of each invoice must be promptly paid within the agreed payment terms as set out above.
e. All payments must be in sterling unless otherwise agreed in writing by RPH Heating Limited t/a Florida Pools and Spas, for all non-sterling payments an administration charge will be applicable.
f. RPH Heating Limited t/a Florida Pools and Spas reserves the right to adjust the fees and the date of completion of the project in the event that the scope of works or any associated proposals are altered after the works are commissioned.
g. All costs submitted within any documents set out by RPH Heating Limited t/a Florida Pools and Spas shall clearly display all additions of GST, in circumstances whereby the costs have been submitted without the relevant tax breakdowns, it will be agreed that the costs are exclusive of GST which will then be added at the prevailing rate.
h. All retentions and contractor discounts must be declared at tender stage for consideration, should any required deductions not be clearly displayed on documentation and presented prior to costs being submitted, then they will not be honoured by RPH Heating Limited t/a Florida Pools and Spas.
i. If additional work, not covered by our estimate or quotation, is requested by the client – a further estimate or quotation will be submitted and the additional work will not be started until the client has placed an order and RPH Heating Limited t/a Florida Pools and Spas has accepted it – unless the work is being conducted on our day rates (following direction from the client either verbally or in writing). RPH Heating Limited t/a Florida Pools and Spas shall not be liable for the costs and time incurred if delayed acceptance delays or interrupts the regular progress of the original works.
j. Minor defects or matters requiring rectification which are covered by any guarantees shall not be considered as reasons for none payment of any balances due, nor do RPH Heating Limited t/a Florida Pools and Spas accept any deferred withdrawals, or payment retainers such as retentions on works covered under warranty.
k. RPH Heating Limited t/a Florida Pools and Spas reserves the right to charge interest and compensation on any balance outstanding after the invoice due date and until the debt is settled in full. Any invoices outstanding for payment will be subject to a 2% interest rate charge per month from 7 days of the due date.
l. All materials and goods ordered or delivered to site/ stores/ installed will remain the property of RPH Heating Limited t/a Florida Pools and Spas with title fully vested until the client has paid for the works in full and if the client defaults in respect of any obligations to make payments under the contract RPH Heating Limited t/a Florida Pools and Spas has the right to enter the site and repossess and remove the materials until such time as all sums due have been paid in full, even if the materials have been installed, connected or incorporated in the works, in which case RPH Heating Limited t/a Florida Pools and Spas may dis-install, disconnect and remove the same.
If the account is subsequently paid, the disinstallation and reinstallation will be charged at our normal rates, and required to be paid in advance before installation.
2. Confirmation, Cancellation & Termination
a. RPH Heating Limited t/a Florida Pools and Spas requires confirmation in the form of a works order, purchase order, written or verbal instruction to commence a project or the acceptance of a quickbooks quotation. Orders must clearly state the scope of works and the associated costs to be accepted unless a day rate charge applies, the client must not attempt to instruct any other member of RPH Heating Limited t/a Florida Pools and Spas workforce or subcontractors and any such attempt shall be of no effect. Once the project has been confirmed, the cancellation charges set out below will apply.
i. If the project is cancelled by the client at any time during the project, the client will be liable to RPH Heating Limited t/a Florida Pools and Spas for any, and all direct and indirect expenses and costs incurred by RPH Heating Limited t/a Florida Pools and Spas, its officers, agents, employees or contractors and any loss or earnings or other any loss whatsoever. RPH Heating Limited reserves the right to allocate any payments to the labour element of any outstanding invoices first.
ii. Once the client and RPH Heating Limited t/a Florida Pools and Spas have entered into a contract, a written request to cancel any works must be made by the client and accepted by RPH Heating Limited t/a Florida Pools and Spas no later than 5 working days before the project is due to commence, the client will be liable for any, and all direct and indirect costs incurred by RPH Heating Limited t/a Florida Pools and Spas. Any goods or materials ordered, subcontractors engaged or hire equipment booked will immediately become payable by the client.
iii. Either party may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
iv. Any fees quoted are estimated according to specific project requirements, the agreed timescales (which cannot be guaranteed or relied upon) and any assumptions detailed in the proposal. If the timescales, project objectives or requirements or the assumptions on which the quote is based change in anyway, RPH Heating Limited t/a Florida Pools and Spas reserves the right to review the agreed fee and charge for:
1. any additional work that has resulted from the said changes, RPH Heating Limited t/a Florida Pools and Spas shall not be liable for the costs and time incurred if delayed acceptance delays or interrupts the regular progress of the original works,
2. any variance in cost that has resulted in items being omitted from the scope of works that may have subsidised other items within the works package,
3. damage caused by other trades outside of our control, we shall hold the client liable for the cost of any repair or replacement.
v. any dates of commencement and completion of works are offered in good faith and are based on the position at the date of order. These are not guaranteed and could be subject to delays because of strikes, weather, accidents, government direction, force majeure, mechanical breakdowns, unavailability of materials and parts or other causes beyond the Company’s control. RPH Heating Limited t/a Florida Pools and Spas will make all reasonable endeavors to start and complete work by the dates given but will not accept any liability for any delay or accept any form of liquid damages for any external works that are governed by atmospheric conditions and that are beyond reasonable control.
vi. our working hours (fully operational) are typically between 08:00 and 16:00 Monday to Friday depending on travel arrangements (Excluding bank holidays).
vii. all changes or additions to the project must be agreed in writing by RPH Heating Limited t/a Florida Pools and Spas unless charged at our day works rates.
3. Site Information & Preparations
a. Before any works commence the client must declare all of the relevant information in regard to asbestos on site.
b. The client will be responsible for ensuring that the site is safe for RPH Heating Limited t/a Florida Pools and Spas and its sub-contractors to carry out the works and that it contains no hazards or dangerous features which were not disclosed by the client or reasonably apparent to RPH Heating Limited t/a Florida Pools and Spas on inspection of the site prior to the issue of any proposals.
c. RPH Heating Limited t/a Florida Pools and Spas assume that the client has made all the relevant preparations and sequence programming in regard to ensuring that all areas are ready for our works to commence on the date agreed, this should include:
i. a nominated individual with authority to deal with RPH Heating Limited t/a Florida Pools and Spas and to give binding authorisations on behalf of the client,
ii. unrestricted access to the site up to 8pm and wherever practical (if requested by RPH Heating Limited t/a Florida Pools and Spas) overnight and at weekends and will not without good cause interfere or hinder the progress of the works,
iii. the means of entry and exit to the working area, must be, as far as reasonably practicable, safe and without risks to health,
iv. access to welfare facilities, on-site parking and available on-site services, such as mains electricity and a water supply to be used without charge,
v. all and any materials being supplied by the client are readily available on site and without delay, on the exact date and time requested to ensure the commencement or continuation of works to programme,
vi. Health and Safety Equipment All health and safety equipment and hire, including the following, will be chargeable to the customer unless otherwise stated: Fencing and Barriers, Hard Hats and Head Protection, Safety Glasses and Eye Protection, Ear Protection and Noise Reduction, Hand Protection and Gloves, Respiratory Protection and Masks, High-Visibility Clothing and Reflective Gear, First Aid Kits, Eye Wash Stations and Supplies, (Safety Shoes and Foot Protection excluded from charges),
vii. unrestricted access to the work areas and removal of all fixtures, fittings and general obstacles that could prevent or delay our works,
viii. sequence programming diligently implemented on site, ensuring that no other trades bring disruption to our sequence of works,
ix. the client’s responsibility for obtaining (if applicable) at its own cost and in a timely fashion so as not to delay or interrupt the regular progress of the works any consent, permission or approval from any landlord or required under planning law, or any by-law, statutory instrument or regulation. Similarly, the client will be responsible for the professional charges of any necessary specialist service that may be required, e.g. structural calculations or architect’s drawings.
Should teams face any delays due to lack of preparations or access to any of the work areas, then costs for any downtime or delays will be charged at an hourly rate of £58.00 + GST per operative.
d. In the case of inclement or restrictive weather conditions, RPH Heating Limited t/a Florida Pools and Spas may take the decision to remove labour from site if we feel productivity may be reduced. If the client requests to keep labour on site and against any advice given, the rate will be charged at an hourly rate of £99.00 + GST including downtime per operative and added as a variation over and above the fixed costs agreed.
e. When applicable/ upon request all standard typical project documentation such site-specific risk assessments, method statements and any others requested will be produced and submitted to the client in good time by RPH Heating Limited t/a Florida Pools and Spas.
Once works have commenced and then put on hold or delayed to make further unforeseen amendments to the project or documents submitted, and without the scope of works changing or for reasons whereby the client or end-client have not shown due-diligence around the approval of works, then our standard down time charges will be applicable for such periods.
f. The client will be responsible for receiving, unloading and safe-keeping of materials and equipment delivered prior and will (unless specifically agreed otherwise by RPH Heating Limited t/a Florida Pools and Spas) provide suitable protective storage for valuable and perishable items. RPH Heating Limited t/a Florida Pools and Spas will take all reasonable precautions to prevent theft of, or damage to, materials and equipment when not on site.
4. Working Practices & Quality Control
a. Site, Small Works and Pool Service In General:
i. Surveys & Due Diligence
1. RPH Heating Limited t/a Florida Pools and Spas recommend that a full survey and a detailed schedule of condition be carried out prior to the works commencing, this is to ensure that any potential issues are recorded, and a full relevant scope of works are produced in advance. If requested by the client, this will be charged in addition to the main contract.
2. Unless specifically agreed in writing RPH Heating Limited t/a Florida Pools and Spas will not carry out any form of design for any works. Insofar as RPH Heating Limited t/a Florida Pools and Spas will use best endeavours to comply with current legislation, Building Regulations and best practice, no warranty or other liability on the part of RPH Heating Limited t/a Florida Pools and Spas shall be created or implied in regard to the suitability or fitness for purpose of components or systems recommended.
3. Where possible any surveyors should make specification of materials as comprehensive as possible on the basis of any/ all information received from the client and/or by the available access (but assuming no core samples taken/ stripped materials). RPH Heating Limited t/a Florida Pools and Spas will not be liable if the condition of the substructure dictates increased costs of labour and/or materials, and/or additional work.
4. In circumstances whereby tenders have been submitted and RPH Heating Limited t/a Florida Pools and Spas have not attended site to survey the works, or whereby RPH Heating Limited t/a Florida Pools and Spas have attended site but not been able to physically access areas for example due to lack of access or safety reasons, then the following will apply:
a. Standard works will be costed without the requirements for additional parts or any additional unforeseen works,
b. measurements and other details may be taken from previous documents, aerial images via applications such as Google Earth, if remotely priced in this fashion, then all costs are supplied in good faith as estimates pending final confirmation or confirmation post site survey.
ii. Samples & Benchmarking
1- Any products will be applied or installed in the way that RPH Heating Limited t/a Florida Pools and Spas considers most suitable, or with manufacture guidance. Under our policy of continuous improvements, we reserve the right to make any necessary modifications without notice.
iii. Preparations
1. Pressure cleaning works are undertaken and may vary depending on the condition of the site – , whether chemical or bio degradable cleaners are required and what level of regulated pressure is needed to remove lichen, mould, atmospheric staining and general films. Pressures are regulated to prevent the removal of any existing protective properties of coatings/ surfaces but may also remove the surface oils within the composition of the coatings. All cleaning works are carried out to improve the aesthetics to a limited new-like condition only; this type of cleaning is unlikely to bring the area back to a pristine finish.
2. Some specifications required by the client or manufacturer may stipulate a particular level of preparations that involve techniques such as abrasive blast cleaning, these methods are extremely time consuming and will require extensive clean-up operations, RPH Heating Limited t/a Florida Pools and Spas cannot guarantee that all spent materials will be collected if spilt in areas impractical to do so or if distributed by winds.
iv. Neighbouring Land or Property to Site
1. RPH Heating Limited t/a Florida Pools and Spas ask that the client make good preparations and show due diligence around preparing the surrounding areas in regards to informing any neighboring businesses and or private dwellings to move any vehicles or other high value property within the immediate vicinity of the working area for the complete duration of works, this is to prevent any damage to surrounding properties, public property in general or vehicles. RPH Heating Limited t/a Florida Pools and Spas will do all they can to ensure they keep any affects to a minimum, but will not accept any liability for any damages caused if:
a. there is no evidence that the relevant preparations have been made by the client or end client,
b. if any party has neglected their duties, in not removing property from in or around the working area,
c. if any party has placed their property in or around the working area once works are underway.
2. We reserve the right to either change the method of works or temporarily suspend works pending a more suitable weather window, this is if we feel that the site conditions will compromise the quality of works or present a risk of causing damage to surrounding properties or vehicles. If the client wishes for us to continue such works after consultation and against our advice, then works will only re-commence upon the client signing a disclaimer accepting full liability for any potential damages and accepting that the quality of works may be compromised.
v. Repairs
1. All repairs and the making good of redundant fixing holes by filler are completed on the understanding that RPH Heating Limited t/a Florida Pools and Spas are unable to perfectly replicate any finishes such as tiling, slabbing, embossing and the like.
Such repairs may still be visible from a distance of three meters or more, and along with any damages which are bigger than 9” in diameter, these are deemed as severe. Depending on the type of repair present, RPH Heating Limited t/a Florida Pools and Spas may suggest replacement.
vi. Equipment Hire
We reserve the right to hire equipment and charge the client, including a standard markup, where it is deemed necessary to expedite the project and reduce overall labour costs.
vii. Colour & Finishes
1. We cannot guarantee colour match to tiles, paint, or tile bands, but will endeavour to find a best match.
2. The client is responsible for providing the exact colour information, should our operatives attend site with the wrong shade of tile/paint or other due to lack of information or incorrect information, then the client will be liable for the cost of any return visits. We can only act on the information provided and we will require full details such as tile/ paint type and manufacturer, the shade of the tile/ paint and any gloss levels, in the event that this is not available then the client must provide the exact samples to be colour matched in advance.
3. The client is to be aware that there may be potential underlying issues with any existing site, these may have been made dormant. Due to foot traffic and thorough cleaning/ works, these issues may present themselves or may not initially be seen by our operatives at the time. We recommend that a full in-depth survey and a detailed schedule of condition be carried out to the area prior to the works commencing, this is to ensure that any potential issues are raised, recorded and a full relevant scope of works are produced in advance. If requested, this will be at an additional cost. Although estimates will be provided for liner replacement, the scope of works cannot be guaranteed until the liner is removed and a review undertaken – additional costs ar highly likely. .
RPH Heating Limited t/a Florida Pools and Spas will generally look to provide site attendances specific to our works; this will include safe systems such as fixed scaffolding, edge protection, safety netting and the appropriate plant.
viii. Materials
The customer grants RPH Heating, trading as Florida Pools, permission to purchase materials required to carry out the work, up to a maximum sum of £1,000 unless otherwise stated.
5. Guarantees & Aftercare
a. Product specific guarantees will be offered with any proposals at tender stage, these will be issued to RPH Heating Limited t/a Florida Pools and Spas on successful installation, and will be provided on request – admin fee will be applied where necessary. RPH Heating Limited t/a Florida Pools and Spas are able to provide evidence that works have been covered by the guarantee but will only issue complete final documentation on full settlement of the projects account. If the account is not settled within 31 days then the client will lose any/ all or warranties offered.
b. Guarantees can be either product or project specific and durations of cover may vary depending on manufacturer, although RPH Heating Limited t/a Florida Pools and Spas will generally endeavour to provide literature where possible, we assume that at the time of placing a works order or instruction that the client has accepted the full terms covered by each warranty covering the said works.
c. The client is to be aware that with any guarantee / warranty provided by RPH Heating Limited t/a Florida Pools and Spas or the manufacturer there will be a level of competent recorded maintenance that must be maintained throughout the covered duration, such as Pool Service Contract, yearly cover services etc. NOTE: If you do not have a RPH Heating Limited t/a Florida Pools and Spas maintenance contract and don’t accept recommended advisory work ALL warranties will be void.
d. After any successful installation of works and guarantees have been provided, RPH Heating Limited t/a Florida Pools and Spas will not accept liability for any issues that are raised outside of our control this may include but is not limited to animal attack, structural movement and foot traffic from maintenance.
e. After any successful installation of works and guarantees have been provided, RPH Heating Limited t/a Florida Pools and Spas will not accept liability for any issues if a third party has completed any work including but not limited to servicing, repair and work on site where other contractors have interfered with the services or equipment provided by RPH Heating Limited t/a Florida Pools and Spas.
6. Defects & Damages
a. RPH Heating Limited t/a Florida Pools and Spas will rectify at its own cost any defects or faults which appear and are notified by the client in writing within 3 (three) months of completion of the works and are due to defective workmanship by RPH Heating Limited t/a Florida Pools and Spas or defective materials supplied.
All reported defects will be investigated in detail and all flawed workmanship or materials will be processed as part of our non-conformity process, ensuring all internal quality control measures are in place for continued improvement.
b. RPH Heating Limited t/a Florida Pools and Spas will not be liable for defects in any materials or due to the unsuitability of any materials where the materials were chosen by the client.
c. If RPH Heating Limited t/a Florida Pools and Spas or its subcontractors are responsible for designing the works or any part of them, they will not be liable for defects, faults or inadequacy of the design caused by the client’s failure to give timely adequate or accurate information about the site and/or the clients requirements.
d. RPH Heating Limited t/a Florida Pools and Spas will take reasonable care to specify and supply materials of adequate quality and to complete the works in a good and workmanlike manner but will not be liable for any consequential loss or damage suffered by the client however arising. In particular, due to the nature of some works, it is impossible to guarantee that the site or the property will at all times during the works be wind and water tight and or protected from the elements.
e. RPH Heating Limited t/a Florida Pools and Spas will not be liable for damage caused to roads, driveways or landscaping at the site or any third party’s premises caused by the use of the clients or suppliers’ vehicles or caused to any part of the site by vibration, dust or other incidental effects of carrying out the works.
7. Insurance
a. Both RPH Heating Limited t/a Florida Pools and Spas and the client will arrange and keep in force insurance sufficient to cover their respective risks and liabilities in respect of all damage and injuries to property and persons on site from the commencement of the works.
b. The existing structures, buildings and their contents, the works and all materials on the site will be at the risk of the client as regards theft and malicious damage as well as loss or damage by reason of fire, lightning, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and other aerial devices or articles dropped there from, riot, civil commotion and other risks normally insured against by owners or occupiers of property.
c. Without limiting the above, although RPH Heating Limited t/a Florida Pools and Spas will take reasonable care to prevent damage by weather such as rain, wind, etc, RPH Heating Limited t/a Florida Pools and Spas will not be liable for any loss or damage caused by any such risk.
d. RPH Heating Limited t/a Florida Pools and Spas liability for death or personal injury to any individual caused by negligence or its contractors or agents is limited to 10 million pounds sterling.
e. Without prejudice to the above, the maximum liability of RPH Heating Limited t/a Florida Pools and Spas for all other events shall not exceed the contract price.
8. International Work
a. Fees that include foreign fieldwork costs are based on the exchange rates prevailing between sterling and the currencies of the applicable countries on the specified date.
b. RPH Heating Limited t/a Florida Pools and Spas reserves the right to adjust the final fee in line with any rate fluctuations during the course of the project.
c. The client must advise in good time of any additional training or certification that may be required in order to perform our services in any particular country overseas, any costs occurred in order to obtain accreditations over and above our UK standards will be charged to the client in advance.
d. For all international works RPH Heating Limited t/a Florida Pools and Spas will require full payment in advance.
9. General
a. Except in respect of death or personal injury, RPH Heating Limited t/a Florida Pools and Spas shall not be liable to the client by reason of any representation (unless fraudulent), or any term (express or implied) of our agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses, third party warranty work or claims or other claims which arise out of, or in connection with the project.
b. These terms, together with any estimate or quotation, emails, and invoices constitute the entire agreement between RPH Heating Limited t/a Florida Pools and Spas and the client, supersede any previous agreements or understandings and all other terms, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
c. Jersey law governs the agreement between RPH Heating Limited t/a Florida Pools and Spas and the client agrees to submit to the non-exclusive jurisdiction of the Jersey courts.
d. A notice required to be served on either of us under these terms shall be in writing addressed to the other at its registered office or principal place of business or such other address as may have been notified to the party giving notice pursuant to this term.
e. No failure or delay by us to exercise any of our rights under the agreement shall be deemed to be a waiver of that right, and no waiver of any breach of the agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
f. If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of these terms and the remainder of the provision in question shall not be affected.