By signing the sales order form (the Order Form) you will be entering into a legally binding contract with the organisation named on the Order Form (“we”, “us”, “our”) for the supply of the goods and services detailed on that Order Form (the Goods and Services). Goods and Services are supplied by us subject to the following terms and conditions and it is important that you read these before signing so that you understand your rights and obligations.
1. Confirmation of Goods, Services and Price: It will be necessary for us to carry out a survey of your home after you have signed the Order Form to confirm that it is possible to supply the Goods and Services at your home. If as a result of that survey: (a) it becomes apparent that it would be unsafe or otherwise unadvisable to supply the Goods and Services at your home then we may cancel this contract without liability but if we do so, we will refund to you any deposit or other amount paid by you in advance; or (b) we need to make any variation to the Goods and Services or the price payable by you then those changes will be subject to your written agreement and if you do not wish to accept the changes proposed by us then you may cancel this contract and if you do so, we will refund to you any deposit or other amount paid by you in advance.
2. Specification of Goods and Services: All Goods supplied will correspond with any specification provided by us and be of satisfactory quality and fit for purpose. All Services will be performed by our suitably trained staff and our supply chain using all reasonable skill, care and diligence. We may make reasonable changes to the specification of any Goods or Services due to our policy of continuous improvement and where those changes do not result in any reduction to the standard, quality or performance of the Goods or Services in question or otherwise place you at any disadvantage. It is your responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined to assure the correct delivery of the Goods and Services.
3. Deposit: We will not be obliged to deliver any Goods or perform any Services until you have paid any deposit detailed on the Order Form. You must pay such deposit to us at the time of signing the Order Form and if you fail to pay any deposit within 30 days of the date you sign the Order Form, we may cancel this contract without liability to you.
4. Payment: The balance of the price will become payable by you immediately upon us having delivered the Goods and completed the Services in accordance with this contract and you must not unreasonably withhold or delay providing confirmation that the Goods and Services have been delivered and performed to your reasonable satisfaction.
5. Credit Agreements: If you have entered into a credit agreement with a finance provider, we have introduced you to as an Introducer Appointed Representative, you will need to enter into a separate agreement with that provider. If you later decide to withdraw from that credit agreement, you will still be responsible for paying (and must pay in accordance with the terms of this contract) the outstanding balance of the price payable by you to us. This does not affect your statutory rights.
6. Ownership of Goods: All Goods supplied remain our property even though installed, by way of a lien until fully paid for and we reserve the right of re-entry to remove any
Company Registration Number: 12363027 – Assessors Number: X001-3699 – Data Protection Entry Number: 68794221 – Green Deal Provider Number: GDPA347
such goods whether fixed or otherwise which remain unpaid for. Any guarantee shall be null and void if payments are not made on the due dates and these terms and conditions not adhered to.
7. Late Payments: If you fail to pay any amount owed to us under this contract on time then we may suspend without liability further deliveries of any Goods and/or performance of any Services (including warranty repairs) until you have paid all overdue amounts. In addition, we may claim interest on any late payment calculated daily at 4% above the base lending rate of the Bank of England from time to time in force.
8. VAT: We shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT.
9. Utility Supplies: You are responsible for ensuring at your own cost that your home has a safe electricity, natural gas supply connection or oil tank (as applicable) and associated meters prior to us commencing work. Arranging supply connections and meters do not form part of the Services which we are to perform.
10. Gas Safety: We and our approved Partners are only able to connect appliances such as gas boiler to gas supplies which are safe. We or our approved Partner will carry out a gas soundness test to confirm whether your gas supply is safe. Should any leak or other defect with your gas supply be identified then we or our approved Partner will be required to condemn your gas supply and be unable to commence work until your gas supply is made safe. Such work is not included in the price. If you delay or decide not to proceed with the work required to make your gas supply safe then we may cancel this contract without liability but if we do so, we will refund to you any deposit or other amount paid by you in advance.
11. Delivery Dates: Any dates for delivery/performance of the Goods and Services are estimates and whilst we will try to meet those dates, we are not liable for delays or failures. We will not be liable for any delays caused by circumstances beyond our reasonable control (such as adverse weather conditions, staff illness, strike or a general market shortage of goods / parts, particularly in the case of spare parts for older/obsolete boilers).
12. Termination due to Delay: You have the right to cancel this contract in line with the cancellation terms outlined under clause 10. Furthermore should we fail to deliver the Goods and complete the Services by dates agreed with you then, provided the delay is not a direct result of any breach by you of any of your obligations under this contract (e.g. failing to allow us access) and/or due to circumstances beyond our reasonable control, you may request in writing that we complete all deliveries and Services within a further reasonable time-period. If we then fail to complete all deliveries and Services within the reasonable time-period specified by you, you will then have the option to terminate this contract due to our breach.
13. Access: You must provide us with free access to your home to enable us to deliver the Goods and carry out the Services. You must also provide us with free access to water, electricity and gas for such purposes.
14. Damage to Goods: Once any Goods have been delivered to you, you become liable for any loss or damage to those Goods unless such loss or damage was caused by us or as a result of you carrying out a reasonable and careful inspection to confirm the Goods comply with the requirements of this contract.
Company Registration Number: 12363027 – Assessors Number: X001-3699 – Data Protection Entry Number: 68794221 – Green Deal Provider Number: GDPA347
15. Working Hours: We will carry out work during our usual working hours Mondays to Fridays (8am – 6pm) however, occasionally we may decide at our own expense to work outside of these days/hours enabling us to complete work and/or to minimise any delay. You agree to grant access outside of these days/hours if requested by us. If you request that we carry out work outside of these days/hours other than in order to allow us to remedy any breach of this contract (for example, if you ask us to fit your new boiler on a Saturday as that is the most convenient day for you) then our agreement to do so will be subject to you first agreeing to pay us additional charges (if any) for working outside of our standard days/hours. Charges will be advised to you in advance.
16. Suspension of Work: In the event of suspension or cancellation of works at your request, as a direct result of any breach by you of your obligations under this contract (e.g. if you have not arranged a necessary electricity supply to the property) or lack of instructions or delay on site caused by matters beyond our control, any extra expenses thereby incurred losses suffered shall be chargeable to you along with a reasonable addition for administration and overhead costs. This does not affect your statutory or common law rights.
17. Damage: Whilst we accept liability for any reasonably foreseeable damage as a direct result of our breach of this contract, you accept that minor/cosmetic damage may be caused in order to perform the Services (e.g. damage to plasterwork, paintwork, decorations, flooring, wall coverings etc.) and that we will not be responsible for making good such damage. We will not liable to bury pipework into floors or walls, and cuts or holes made by us will be made good but not permanently finished or redecorated; floorboards will be reinstated or replaced where necessary but special or laminated floors cannot be matched or finished; and any carpets which have been lifted will be relaid by us to the best of our ability but we will not be responsible for damage caused to carpets which are glued or nailed down. We will not box in any new or existing pipework. Where we are responsible for making good any such loss or damage, we cannot guarantee to match any bricks, stonework etc. on a like for like basis.
18. Structural Defects: We will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your home unless: (a) that damage is caused as a direct result of a breach by us of this contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to us upon a reasonable visual inspection of the area in which the Services are to be performed prior to us commencing work (although for the avoidance of doubt, we will not be obliged to carry out a detailed structural survey of the entire of your home nor any inspection of any parts not immediately visible to the naked eye, for example any pipes buried under floorboards).
19. Removal of Non-Dangerous Materials: We will remove any non-dangerous waste items from your home (such as your old boiler) which will become our property upon removal. However, the Service does not include our removal of any dangerous materials from your home (such as asbestos) that we could not reasonably have identified when carrying out a reasonable visual inspection of the property.
20. Removal of Dangerous Materials: If any such dangerous materials are subsequently found then we may agree (at our discretion) to remove those for an additional charge. If not, you must arrange at your own expense for a specialist contractor to remove those dangerous materials while we suspend further works until you have done so
Company Registration Number: 12363027 – Assessors Number: X001-3699 – Data Protection Entry Number: 68794221 – Green Deal Provider Number: GDPA347
and provided us with a “site clearance for reoccupation” certificate provided by your specialist contractor.
21. Significant delays in you arranging for the removal of any such dangerous materials or should you refuse to arrange for removal of those materials then we will be entitled to terminate this contract and should we do so, you must pay to us a reasonable proportion of the overall price to reflect the Goods and Services which we have already provided prior to termination.
22. We do not accept any responsibility for loss or damage which is not caused as a direct result of our breach (including liability for any loss of earnings) or which was not reasonably foreseeable on the date on which you signed the Order Form. Further, we do not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract (for example, if you fail to provide us with access to your home to enable us to perform the Services) and/or due to circumstances beyond our reasonable control.
23. Complaints: You can raise concerns to any member of our team by any communication method. We will acknowledge and inform you who is dealing with the complaint within one working day. Our full complaints handling procedure is available upon request. Complaints will be investigated and addressed within three business days whenever possible and in any case no longer than eight weeks. Complaints are recorded and investigated to identify the root cause, put things right and prevent recurrence.
24. Allowing us to Put Things Right: If you suffer any loss or damage for which we are responsible then you must afford us a reasonable opportunity to remedy the problem and take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of our breach of this contract. We will not be responsible for any loss or damage which you fail to afford us a reasonable opportunity to put right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
25. Variations: Variations to these terms and conditions will only be valid if agreed between you and us in writing.
26. Assignment: We may assign or sub-contract some or all our rights and obligations under this contract from time to time.
27. Heating Warranties: Unless stated otherwise on the Order Form, all our boilers (gas, oil, LPG) carry at least a one-year manufacturer backed, parts and labour warranty. All warranties are subject to annual service history and your operation of your heating system in accordance with manufacturer’s instructions. Gas servicing must be carried out by Gas Safe registered engineers. Proof of annual servicing is a validation of the boiler warranty through the warranty period. It is your responsibility to arrange and pay for the annual service. Servicing is not included within these terms and conditions. No guarantee can be given on the integrity or suitability of any existing components being connected to the installation and we cannot be held responsible for the failure of any such components or defects existing within any part of the originally system i.e. radiators, pipework, showers, taps etc. Where products are connected to existing hot and cold-water pipes, tanks or cisterns, the installation assumes that the existing plumbing system is in satisfactory condition.
28. Insulation Warranties: We usually provide a 12-month parts and labour installation warranty from the date of installation. Solid Wall Insulation and Cavity Wall Insulation further receive a 25-year insurance backed guarantee. No guarantee can be given
Company Registration Number: 12363027 – Assessors Number: X001-3699 – Data Protection Entry Number: 68794221 – Green Deal Provider Number: GDPA347
however on the integrity or suitability of existing building fabric and components. We do not accept liability for the failure of any such parts or defects existing within any part of the building. Where Goods are fixed to the existing building fabric, the installation assumes that the existing building is in satisfactory and sound condition.
29. Warranty Claims: You must notify us of any claim as soon as possible after becoming aware of the issue, using the contact details set out in the warranty pack provided to you by us.
30. Exclusions: The guarantee does not cover any fault as a result of: (a) any failure by you to comply with your obligations regarding the operation, inspection and servicing of your Goods and/or you failing to notify us of any warranty claim as soon as reasonably possible; (b) any deliberate damage or vandalism; (c) damage caused by circumstances outside of our control (i.e. structural problems at your property); (d) any damage caused by any third party carrying out work on your Goods and/or owned items including radiators other than where such third party was acting at the request of or on our behalf and/or the manufacturer; and/or (e) any variation in the water flow rate to your home; and/or (f) drains or defects due to wear and tear; and/or (g) any lamps or bulbs fitted to your Goods.
31. Unless terminated earlier in accordance with its provisions, this contract will automatically terminate on the last day of the applicable warranty period. Any termination of this contract will not affect any claim, cause of action or liability which may have arisen before the date of termination.
32. Your Right to Cancel: You have the right to cancel this contract within 14 days without giving any reason; this cancellation period will expire 14 days after the date on which we have delivered the Goods to your home. To exercise this right, you must make/send a clear statement to us within this 14-day period that you wish to cancel – to meet this deadline it is sufficient for you to make/send your statement of cancellation within this 14 day period. You may use the form below to exercise your right to cancel but use of that form is not obligatory.Even if you do not wish to use this cancellation form please ensure that any statements of cancellation are made/sent by you to us using the contact details set out on that form.
33. Provision of Goods and Services During the Cancellation Period: If you have requested in writing (or by any other durable medium) that we commence the provision of Services at your home before the expiry of this 14 day cancellation period then you will still have the option to cancel however, in those circumstances you will be required to pay a proportionate amount of the price payable to us under this contract for the work which we have already undertaken before your cancellation and for any Goods which we have already installed.
34. You will lose this right to cancel should we complete the provision of all Services within this 14 day period or if and to the extent that you have requested that we perform services within this 14 day period in order to carry out urgent maintenance or repairs at your home.
35. Effect of Cancellation: If you cancel this contract in accordance with your rights above then we will collect at our own expense any Goods which have already been delivered to your home and reimburse you without delay for any payments which you have already made to us under this contract. However, we may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to the Goods whilst at your home provided that such loss or damage was not caused by us or as a
Company Registration Number: 12363027 – Assessors Number: X001-3699 – Data Protection Entry Number: 68794221 – Green Deal Provider Number: GDPA347
result of you carrying out a reasonable inspection of those Goods to confirm they were as ordered; and/or (ii) any payment which we may be entitled to as referred to above for services performed at your request during the 14 day cancellation period. If you have not yet made any payment to us prior to your cancellation, then we will have the right to recover payment of either of these amounts from you.