Terms and conditions
ScotWater
Last Updated: 10 February 2024.
READ THIS ENTIRE AGREEMENT CAREFULLY
Terms and Conditions
1. Introduction
Welcome to ScotWater. These Terms and Conditions govern your use of our services, including water supply pipe replacement, maintenance, and any other services we provide. By engaging our services, you agree to comply with and be bound by these terms.
2. Company Details
ScotWater
Registered Office: Orchard Brae House, 30 Queensferry Road, Edinburgh, EH4 2HS
Email: hello@scotwater.co.uk
3. Services
3.1 Scope of Work
ScotWater provides water mains contracting services, including but not limited to water supply pipe replacement, maintenance, and repair.
3.2 Estimates and Quotes
All quotes provided by ScotWater are estimates based on initial assessments. Final costs may vary due to unforeseen circumstances or additional work required. Prices are valid for one month from the date of the quotation.
3.3 Unforeseen Conditions
In the event that our engineers encounter unusually hard or difficult ground conditions, buried obstacles such as hardcore, metal, cisterns, tanks, foundations, roads, or any other circumstances beyond our control, ScotWater reserves the right to adjust the contract terms and associated costs. If ground conditions are deemed unforeseen and affect the planned work, ScotWater will adjust the scope of work and associated costs accordingly, even if the project is already underway.
Adjustments to the contract terms may include extensions of time or additional compensation if unexpected conditions are encountered, thereby covering any additional costs incurred due to extended project duration or increased complexity.
4. Customer Responsibilities
4.1 Access
Customers must ensure that ScotWater has adequate access to the work site. Any delays caused by lack of access will be the customer's responsibility.
4.2 Permits and Easements
Customers are responsible for obtaining any necessary permits or easements required for the work to be carried out. ScotWater can assist in this process but is not liable for any delays or issues related to permit acquisition.
4.3 Parking Arrangements
We require parking for one van, towing a portable compressor, with a minimum of 10m in length. It is the customer’s responsibility to arrange any parking suspensions, obtain visitors parking permits, or reserve parking. Failure to do so may result in aborted visit costs and parking fines being added to the final invoice.
5. Payment Terms
5.1 Payment
Payment is due immediately upon completion of the work.
5.2 Deposit
All works will require a £400 or 10% deposit, whichever is higher, depending on plant, material, and other costs involved. Payment of the deposit constitutes agreement to these terms and conditions and forms a binding contract between the customer and ScotWater.
5.3 Late Payments
Late payments will incur interest at a rate of 8% per annum above the base rate of the Bank of England, calculated daily from the due date until payment is made. In addition, a fixed debt recovery cost will be applied as follows:
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Debts up to £999.99: £40
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Debts between £1,000 and £9,999.99: £70
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Debts of £10,000 or more: £100
6. Warranty and Liability
6.1 Warranty
The guaranteed term is 25 years and covers defective pipe material, poor workmanship, and failure of direct connections. Excluded from the guarantee is accidental damage by individuals or physical forces such as ground slip, heave, subsidence, or the effects of tree roots. The guarantee is nullified by excavations on to, or further connections to the supply pipe or any modifications made by parties other than ScotWater.
6.2 Liability
ScotWater's liability for any claim arising out of the performance of its services shall be limited to the amount paid by the customer for those services. ScotWater shall not be liable for any indirect, incidental, or consequential damages.
7. Termination
7.1 Termination by Customer
The customer may terminate the contract by providing 14 days written notice. The customer will be liable for all work completed up to the termination date.
7.2 Termination by ScotWater
ScotWater reserves the right to terminate the contract if the customer breaches any of these terms and conditions. ScotWater will provide written notice of termination.
8. Dispute Resolution
Any disputes arising from or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Privacy and Data Protection
ScotWater is committed to protecting your privacy. Any personal information collected will be used solely for the purposes of providing our services and will be handled in accordance with our Privacy Policy.
10. Property and Risk
Property and goods supplied by ScotWater, including underground water supply pipes and associated materials, shall remain the Company's property until all sums due from the customer (whether a contractor or property owner) are paid in full. The customer is responsible for covering all risks of loss, damage, or destruction of such goods from the time of installation until full payment is made.
If the customer defaults on payment, ScotWater reserves the right to take the following actions:
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Demand Payment: Formally demand the outstanding payment from the customer, including any applicable interest and debt recovery costs.
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Legal Action: Initiate legal proceedings to recover the outstanding amount, including the unpaid sum, interest, and legal costs.
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Charging Order: Apply for a charging order against the property where the work was performed to secure payment of the outstanding amounts. A charging order places a legal charge on the debtor’s property, ensuring the debt is secured against the property and must be paid out of the proceeds if the property is sold.
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Use of Debt Collection Agencies: Engage the services of a professional debt collection agency to recover the outstanding amount on behalf of ScotWater.
10.1 Property Owner's Liability in Contractor Default
In cases where ScotWater is employed by a contractor, and the contractor defaults on payment, ScotWater reserves the right to hold the property owner liable for unpaid amounts through the following mechanisms:
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Charging Order: ScotWater reserves the right to apply for a charging order against the property where the work was performed to secure payment of the outstanding amounts.
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Notification of Potential Liability: Property owners are hereby notified that they may be held responsible for unpaid amounts if the contractor fails to pay ScotWater. This includes the right to seek payment directly from the property owner under applicable laws.
10.2 Acceptance of Terms by Property Owner
By allowing work to commence on their property by a contractor employing ScotWater, the property owner is deemed to have accepted these terms and conditions.
10.3 Advisement to Property Owners
Property owners are strongly advised to:
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Ensure that any contractors employing ScotWater have made full payment for services rendered by ScotWater.
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Be aware of the potential for a charging order on their property if payment is not made by the contractor.
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Request proof of payment from the contractor to ScotWater before making final payments to the contractor.
11. Special Conditions
If the customer's order contains special conditions, the order will only be accepted on the understanding that those conditions are not at variance with ScotWater's terms and conditions. In case of variance, ScotWater's terms and conditions shall prevail.
12. Delays and Non-performance
ScotWater shall not be liable for delays or non-performance due to strikes, lock-outs, acts of third parties, or other events or conditions beyond its control.
13. Cancellation and Charges
13.1 Customer Cancellation
Cancellation of orders by the customer cannot be accepted without written agreement from ScotWater. A minimum of 1 week's notice is required.
14. Liability for Existing Pipework
ScotWater accepts no responsibility for any rust or limescale deposits that may occasionally be loosened in the customer’s existing pipework when restoring full water pressure. This is beyond our control and is sometimes a natural consequence of high-pressure water flowing through older pipework.
15. Flooring and Surface Reinstatement
ScotWater will take up and put back flooring, including carpets, lino, tiles, and laminate, as best as possible upon completion of the works. The customer may need to organize a relevant tradesperson to put back the flooring to a higher specification. All tarmac areas will be reinstated, but ScotWater does not guarantee a match in colour and texture with existing tarmac surfaces.
16. Legal Responsibilities
The customer is responsible for obtaining all required permissions, such as Opening Notices, Rights of Access, Easements, and tree preservation orders. ScotWater takes no responsibility for works not carried out in accordance with these requirements.
17. Entire Agreement
These conditions constitute the entire agreement between the customer and ScotWater. If the customer provides incorrect or misleading information to ScotWater, and this results in fines or costs for damages, these fines or costs will be the responsibility of the customer.
18. Post Works Investigations & Remedials
Should the client feel that there are any remedials after we have carried out works, or subsequent issues that result that the client feels are due to our works, these should be brought to our attention immediately. No external contractor or third party should be involved and no costs accrued by the client without ScotWater's explicit prior written permission. ScotWater will not be responsible or liable to reimburse the client for any costs incurred in the client choosing to rectify issues themselves without our prior permission. ScotWater will always have the first opportunity to rectify any issues at their own cost where it is accepted by ScotWater that it is their responsibility to do so in line with our terms as outlined in the quotation.