CM Trade Solutions Ltd — Terms and Conditions for Drainage Services. Effective date: 31 May 2024. Company number: 15753209. Registered office: 89 Commercial Road, Bournemouth, England, BH2 5RR. Contact us on 0330 024 3770, by email, or at cmdrainage.co.uk.
1. Who these terms apply to
1.1 These terms apply to services supplied by CM Trade Solutions Ltd (“we”, “us” or “the Company”) to the person or business that books or authorises the work (“you” or “the Customer”).
1.2 Different legal rights may apply depending on whether you are an individual acting mainly outside your business (“consumer”) or are booking for a business. Nothing in these terms removes rights that cannot legally be excluded.
1.3 The contract is made when you accept our written quotation or estimate, confirm the booking by email, text or telephone, sign a job sheet, or otherwise authorise us to start work. We will identify the agreed work and price, or how the price will be calculated, before work starts where reasonably practicable.
1.4 These terms should be read with the job-specific quotation, work order or written confirmation. If they conflict, the job-specific document takes precedence for the particular item it addresses.
2. Quotations, estimates and prices
2.1 A fixed-price quotation covers only the work and assumptions expressly listed in it. It is valid for 30 days unless the quotation says otherwise.
2.2 An estimate is an approximate price, not a fixed price. The final charge may change if the work required, access, materials or site conditions differ from the information available when the estimate was prepared. We will explain the reason and obtain your agreement to any material additional work or cost before proceeding, except where urgent action is reasonably necessary to protect people or property.
2.3 Prices are inclusive of VAT where applicable. We will identify VAT and any known call-out, attendance, parking, materials, disposal or other charges before you agree to the work.
2.4 There is no separate call-out charge unless we tell you otherwise before the booking. A charge may still apply for attendance and work carried out, at the rate or price agreed with you.
2.5 If a quoted price depends on stated assumptions—such as clear access, a specified water supply, no excavation, or a particular pipe condition—and an assumption proves incorrect, we will explain the effect and seek your agreement to any revised price or scope before continuing.
2.6 We may withdraw or revise a quotation before a contract is formed if there is a genuine error or a material change in the availability or cost of materials, plant hire or other necessary inputs. Once a contract is formed, we will not change a fixed price unless you agree to a variation or the contract clearly provides for the change.
3. Scope, site conditions and additional work
3.1 The work we will carry out is the work described in the accepted quotation or booking confirmation. Advice given over the telephone is based on the information available at the time and may need to be revised after inspection.
3.2 Drainage systems can contain hidden defects, obstructions, collapses, displaced joints, roots, corrosion, previous repairs or other conditions that cannot reasonably be confirmed until access is obtained or work begins. If we find a condition that materially changes the work or price, we will explain it and ask for your agreement before carrying out additional chargeable work.
3.3 We will not treat silence as agreement to additional work. If you decline it, we may stop or limit the work where continuing would be unsafe, ineffective or likely to cause damage. You remain responsible for the agreed price for work already carried out and any reasonable, disclosed attendance or materials charges that apply.
3.4 We may recommend further investigation, repair or replacement if unblocking or inspection reveals a defect. A recommendation is not included in the price unless the accepted quotation says it is.
4. Access and customer responsibilities
4.1 You must provide safe and reasonable access to the property, drainage points, manholes, water supply and relevant work areas at the agreed time. You must tell us about known hazards, fragile surfaces, concealed services, previous incidents and any relevant restrictions.
4.2 Unless agreed otherwise, you are responsible for moving personal belongings, furniture, vehicles and other items that obstruct access or are at risk from the work. We may charge for additional time or equipment where an obstruction or access issue was not disclosed and materially affects the job, after explaining the charge.
4.3 You are responsible for arranging any parking permission or permit required for the work. We will tell you before booking if a known parking charge is likely. A parking penalty caused by our own failure to comply with applicable parking restrictions will not be charged to you.
4.4 Where the work requires water, you must provide access to a suitable water supply within 30 metres, unless the quotation says otherwise. We will tell you if a different supply or additional equipment is required and obtain your agreement to any additional charge.
4.5 Manholes and drainage access points must be accessible on arrival if the quotation assumes they are. If a point is buried, obstructed or unsafe to access, we may be unable to complete the quoted work. We will discuss available options and any additional cost with you.
4.6 We ask that reasonable welfare facilities be made available for our staff on longer jobs where appropriate. This does not affect your statutory rights or make the service conditional on an unreasonable requirement.
5. How we carry out the work
5.1 We will carry out the agreed services with reasonable care and skill and in accordance with applicable legal requirements.
5.2 We will take reasonable precautions to protect the work area and reduce mess, including using protective coverings where suitable. Drainage work can involve contaminated water, sewage, sludge, debris, pressure equipment and confined or restricted areas. Some mess, odour, splashing or disturbance may be unavoidable despite reasonable precautions.
5.3 You should keep people and pets away from the work area and follow reasonable safety instructions from our staff. We may pause or stop work if the area is unsafe or if someone interferes with the work.
5.4 We may use suitably qualified subcontractors to carry out some or all of the services. We remain responsible for the services supplied under our contract with you.
5.5 We may use a second engineer or other assistance where reasonably required for safety or to carry out the agreed work. Any additional labour charge must be disclosed and agreed with you before it is incurred, unless the price already allows for it.
6. Drain unblocking, leaks and existing defects
6.1 Unblocking and high-pressure jetting can expose or aggravate a weakness in a drainage system that already exists, including a crack, failed joint, corrosion, poor installation, previous damage or deterioration. A blockage may also be masking a leak or defect.
6.2 We are not responsible for a leak, escape of water, sewage release, damage or other loss to the extent it is caused by a pre-existing defect, concealed weakness, ordinary deterioration, or a condition outside our control, and not by our failure to use reasonable care and skill. We will not exclude responsibility where our work caused or contributed to the loss through a failure to use reasonable care and skill.
6.3 If we discover a leak, defect or risk during the work, we will take reasonable steps to make the area safe and tell you as soon as practicable. We may stop work if continuing could worsen the condition or create a safety risk. Further repairs, drying, cleaning or reinstatement are not included unless agreed.
6.4 You should tell us promptly if you notice a leak or damage during or after the work, so that we can inspect and take reasonable steps to limit further damage. This does not take away any legal rights you may have.
7. Excavation, access creation and reinstatement
7.1 Excavation, lifting floors, removing fixtures, cutting vegetation, moving stored items, cleaning access points or creating a new access point are excluded unless expressly included in the quotation.
7.2 If additional access is needed, we will explain the proposed work, likely disruption and cost and obtain your agreement before proceeding.
7.3 We will take reasonable care when carrying out agreed access or excavation work. Unless expressly included, reinstatement of paving, flooring, landscaping, decorations or other surfaces is not included. Any exclusion of reinstatement does not exclude our responsibility for damage caused by our failure to use reasonable care and skill.
8. CCTV surveys and reports
8.1 A CCTV survey is limited to the accessible parts of the drainage system that can be inspected using the equipment and access available at the time. It is not a general structural survey of the property and may not identify every defect or condition.
8.2 Findings depend on access, water levels, debris, pipe condition, bends, diameter, visibility and other site conditions. We will describe material limitations known to us in the report where reasonably practicable.
8.3 Unless agreed otherwise, reports, footage and findings will be provided within 5–7 business days after completion and after payment of the agreed charges. You may request an update if there is a delay.
8.4 Any report or footage is prepared for the Customer and the purpose agreed. You should not treat it as a substitute for specialist structural, building or legal advice. This does not limit responsibility for a report prepared negligently.
9. High-pressure jetting
9.1 Unless the quotation says otherwise, a quotation for high-pressure jetting covers use of our standard mobile unit operating at approximately 8 gallons per minute and 3,000 psi, subject to equipment availability and site suitability.
9.2 Tanker units, additional hose, specialist equipment, confined-space work or other services are not included unless stated. We will tell you about any additional charge and obtain your agreement before using them.
9.3 We may decline or stop jetting if, in our reasonable professional judgement, the pipe condition, access or other circumstances make it unsafe or likely to cause avoidable damage. We will explain the reason and discuss alternatives.
10. Deposits, invoices and payment
10.1 Any deposit or advance payment must be stated in the quotation or booking confirmation. Unless agreed otherwise, a 50% deposit may be required for estimated or pre-booked work. Any request for full payment in advance will be explained before you agree to the booking.
10.2 The balance is due on completion of the agreed work, or on the final day on site for multi-day work, unless the invoice states a different agreed payment date.
10.3 We will provide an invoice showing the work and charges. If you dispute part of an invoice, contact us promptly with details. You must pay any undisputed amount by the due date.
10.4 We may withhold non-essential reports or copies of footage until the invoice is paid, where this was clearly stated before you booked and the withholding is lawful. This does not affect your legal rights or prevent you from receiving information that we are required by law to provide.
10.5 For overdue business debts, statutory interest and recovery costs may be available under the Late Payment of Commercial Debts (Interest) Act 1998 where it applies. For consumer customers, we may charge only interest or recovery costs that are lawful, fair, properly disclosed and proportionate. We do not apply a 5% weekly interest rate.
10.6 If an invoice remains unpaid, we may take proportionate steps to recover the debt, including using a debt recovery provider or court proceedings. A court decides whether a County Court Judgment is made; we cannot guarantee that outcome or automatically add all recovery or legal costs to your bill.
10.7 If you are arranging the work for another person or organisation, tell us before the work starts and provide the correct billing details. Unless we agree in writing that another party is responsible for payment, the person who instructs or authorises the work remains responsible for the charges.
11. Delays, abortive visits and cancellation
11.1 If we cannot start or continue because access has not been provided, the site is unsafe, essential information was withheld, or another contractor or event prevents the work, we will explain the issue and discuss rearranging or limiting the work.
11.2 We will not automatically charge 80% of the job price for an aborted visit. Any attendance, cancellation or abortive-work charge must be disclosed before booking and must reflect a fair and reasonable amount for work already done, costs incurred or a loss that the law permits us to recover.
11.3 If you are a consumer and you book online, by telephone, by email or at your home outside our business premises, you may have a statutory right to cancel within 14 days. We will provide the required cancellation information and form where the law requires it.
11.4 If you ask us to begin during a statutory cancellation period, we will obtain your express request before starting. If you later cancel, you may have to pay a proportionate amount for services supplied up to cancellation where the legal conditions are met. If the service is fully performed during that period, any loss of the cancellation right must meet the legal requirements, including your express agreement where required.
11.5 If you wish to cancel or rearrange, contact us using the details above. This does not affect any cancellation right you have by law.
12. Waste and disposal
12.1 We will handle and dispose of waste generated by the agreed work in accordance with applicable requirements and the quotation.
12.2 Where reasonably practicable, waste that can be safely and lawfully transported in our vehicle will be removed at the end of the visit. Larger or specialist waste may require a separate licensed collection. We will explain any additional charge and expected arrangements.
12.3 If collection is delayed, we will keep you informed and arrange collection within a reasonable time. You may not withhold payment for completed work solely because a separately arranged waste collection is pending, except where the delay or condition gives you a legal right to do so.
13. Guarantee
13.1 We provide a 10-year guarantee for foul drainage remedial works only where the quotation or completion document expressly confirms that the particular work is covered. The guarantee begins on the completion date and applies to the area of work identified in that document.
13.2 The guarantee covers failure of the remedial work carried out by us. It does not cover unrelated parts of the drainage system, new damage, misuse, third-party work, movement or settlement, root ingress from outside the repaired area, blockages caused by later use or foreign objects, or defects outside the agreed area of work.
13.3 To make a guarantee claim, contact us promptly with the address, completion date and details of the issue, and allow us a reasonable opportunity to inspect. We will assess the claim and explain whether it falls within the guarantee.
13.4 The guarantee is additional to, and does not replace, your statutory rights.
14. Liability
14.1 Nothing in these terms excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, fraud, or your statutory consumer rights.
14.2 Subject to clause 14.1, we are responsible for loss or damage that is reasonably foreseeable and caused by our breach of contract or negligence.
14.3 We are not responsible for loss to the extent it results from a pre-existing defect, inaccurate information you supplied, lack of access, your failure to follow reasonable instructions, or an act or omission by a third party, provided our own breach or negligence did not cause or contribute to that loss.
14.4 If you are a consumer, we do not exclude liability for foreseeable loss that the law says we must cover. If you are a business customer, and only to the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, revenue, business or opportunity.
14.5 You should take reasonable steps to reduce further damage once you become aware of a problem. This does not remove any right you have to claim for loss caused by us.
15. Events outside our reasonable control
15.1 We are not responsible for delay caused by events outside our reasonable control, such as severe weather, flooding, utility failure, road closures, industrial action, civil emergency or government restrictions.
15.2 We will contact you as soon as reasonably practicable, explain the effect on the work and take reasonable steps to reduce the delay. If the delay is substantial, either party may discuss rearranging or ending the affected part of the contract. You will only be charged for work already carried out and any other amount lawfully due.
16. Complaints and applicable law
16.1 If you are unhappy with our service, contact us by email or telephone on 0330 024 3770. Please include your address, job date and a description of the issue. We will acknowledge the complaint and investigate it fairly.
16.2 These terms are governed by the law of England and Wales, and disputes will be dealt with by the courts of England and Wales, subject to any mandatory consumer rights allowing a claim elsewhere.