Legal

Terms & Conditions

📄 Service Agreement Terms 🏢 Lower Pumps Ltd ⚖️ England & Wales
These Terms and Conditions ("Agreement") apply to all service plans, maintenance contracts, call-outs, and works carried out by Lower Pumps Ltd in relation to sump pumps, basement pumps, and drainage pump systems.

By accepting a service plan, quotation, or instruction for works, the Client ("you") agrees to be bound by these Terms.

01Services Covered

The service plan includes routine inspection, maintenance, and agreed servicing of sump pump, basement pump, and drainage pump systems as specified in the service agreement.

Unless expressly included in writing, the service plan does not include emergency call-outs, major repairs, or full system replacements.

02Exclusions

The following are expressly excluded from any service plan:

2.1 Emergency Call-Outs

Emergency, same-day, or out-of-hours attendance is not included unless specifically stated in writing. These will be chargeable at the Company's emergency rates.

2.2 Tanker Services

Tanker services are not included under any of the plans.

2.3 Parts and Replacement Components

  • Replacement parts are not included unless explicitly stated.
  • Where parts are replaced, they must be covered under the manufacturer's warranty where applicable.
  • The Company is not liable for failure of parts outside manufacturer warranty terms.
  • Consumables and wear-and-tear components are chargeable unless agreed otherwise.

2.4 Installation Faults and Pre-Existing Issues

We are not responsible for faults arising from:

  • Incorrect or defective installation prior to or during the contract period by third parties
  • Pre-existing system faults or hidden defects
  • Non-compliant installations not carried out by the Company

The Company reserves the right to determine whether a fault is installation-related based on inspection and evidence.

2.5 Third-Party Interference

Any work, alteration, or interference by a third party will void coverage under the service plan for affected components. This includes electricians, builders, plumbers, or any unauthorised persons.

2.6 Access Requirements

  • All pumps, pipework, cables, and associated systems must be fully accessible and safe to work on.
  • Where access is restricted, obstructed, or requires removal of fixtures, flooring, coverings, or structural elements, additional charges will apply.
  • The Company accepts no liability for delays or inability to complete works due to lack of access.

2.7 Misuse, Negligence, and Blockages

We are not liable for damage or faults caused by misuse or improper operation, including but not limited to:

  • Blockages caused by wipes, cloth, grease, sanitary products, solids, or foreign materials
  • Overloading or misuse of pump systems
  • Failure to maintain system in accordance with manufacturer guidelines
  • Use of inappropriate materials or chemicals

03Payment Terms

3.1 Service Plans

  • Service plans are payable monthly or annually in advance unless otherwise agreed.
  • Payments must be made by the due date stated on invoices.

3.2 Call-Outs and Additional Works

  • All non-plan works, emergency call-outs, and additional repairs are chargeable.
  • Payment is due upon completion unless otherwise agreed in writing.

3.3 Late Payment

Late payments may incur interest at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The Company reserves the right to suspend services until outstanding balances are cleared.

04Cancellation & Termination

4.1 Client Cancellation

  • Service plans may be cancelled with 30 days written notice.
  • No refunds will be issued for periods already paid.

4.2 Early Termination

If you cancel before the end of a fixed-term agreement, you may be liable for:

  • The remaining balance of the contract period, or
  • An agreed early termination fee (if specified in your contract)

4.3 Company Termination

We reserve the right to terminate or suspend services immediately if:

  • Payments are not made on time
  • There is misuse of services or equipment
  • There is interference by third parties
  • Unsafe or abusive conditions are present on site

05Liability Limitation

  • The Company shall not be liable for any indirect, consequential, or financial loss arising from system failure.
  • Our liability is strictly limited to the value of the service contract fees paid in the preceding 12 months.
  • We are not responsible for property damage, flooding, or loss caused by pump failure unless directly due to proven negligence by the Company.
  • Customers are responsible for maintaining appropriate insurance coverage.

06Access & Safety

The Client must ensure safe, legal, and reasonable access to all equipment. The Company reserves the right to refuse or halt work where conditions are unsafe.

07Force Majeure

We are not liable for delays or failure to perform due to events beyond our reasonable control, including flooding, power failures, extreme weather, supply shortages, or regulatory changes.

08Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the courts of England and Wales.

09Entire Agreement

This document represents the full agreement between the parties and supersedes any prior verbal or written arrangements unless expressly stated otherwise.

For any questions relating to these Terms and Conditions, please contact us at info@lowerpumps.co.uk.