Here at Bind Energy we try to make things as simple as we can. That means that our terms and conditions are as jargon free as we can make them, whilst still protecting both us, as the Company, and you, as the customer.
By using our website, placing an order and downloading or using any links that We send You,
You acknowledge and accept that you have read and agree to these terms and conditions. If
you do not accept the terms, then do not use this website, place an order or download and links
If you would prefer to read these terms and conditions on paper? Then feel free to print them out.
If you would like any further help or information, please get in touch with the customer service team who can be contacted at [email protected]
- In these terms and conditions:
“the Company” “We”means Bind Energy Limited (a company registered in England and Wales with company number 12086507) trading as “Bind”.
“the Customer” “You”means the person ordering the products and/or installation
“the Agreement” means collectively the Terms and Conditions, the Schedule of Works and the Quotation.
“the Engineer” means the qualified engineer who attends on behalf of the Company to install the boiler or carry out other ancillary work
- All of the terms of the contract between the Company and the Customer are contained in this document and any written specification provided to the Customer by the Company. No variation to these terms shall be binding upon either party unless they are:
(i) made in writing; and
(ii) either signed in person by the Company and the Customer, or if contained in an email are accepted and acknowledged by both the Customer and the Company as constituting a variation.
- We shall endeavour to keep the information on our website and in our marketing materials current and up-to-date; as a result these may change regularly. Such information should therefore be used only as a guide because products and services may change, and so no reliance should be placed on this.Any of the material on our site may be out of date at any given time, and the Company is under no obligation to update such material.
We reserve the right to remove or cease supplying any particular goods, products or services at any time. It is therefore the Customer’s responsibility to read the terms and conditions regularly to ensure that You are aware of any changes. If the Customer continues to use the website after We have changed something then We will take this to mean that You have read and accepted any change(s).
- Any reviews and/or comments made by members of the public on the Company’s website or other forums represent that person’s opinion only and, as such, does not bind the company as to the products or specifications and does not constitute any advice that is endorsed by the Company in respect of products or services that We supply.
- Subject to clause 5 above;
(i) You may print off the terms and conditions for your personal use;
(ii) If You print off, copy or download any part of our site You are not permitted to modify the paper or digital copies of any materials You have printed off or downloaded in any way(or allow or encourage anyone else to do the same) and You must use the section as a whole (i.e. you cannot separate out any videos or photos and must use the text that accompanies them);
(iii) You must not use any part of the materials on the Company’s site for commercial purposes.
- Trademarks and any other intellectual property of the Company remain protected and are not to be used, replicated or reproduced at all.
- The Company’s website is only intended for domestic boiler installation. If the Customer is looking to have a new boiler installed in commercial premises then the Company will be unable to do this work due to the products and/or installer not being suitable for this work as there are different rules applicable to commercial installations.
- If the Customer’s gas meter is capable of supplying more than 6 cubic meters of gas per hour then You could contact the Company prior to placing an order as, again, different qualifications and rules may apply compared to a standard domestic installation and the circumstances will need to be investigated prior to You placing an order.
These terms and conditions and any Agreement are governed by the law of England and Wales. If there is any dispute then the courts of England and Wales will have sole jurisdiction.
- We will need to collect information about the Customer to carry out our obligations and we will ensure that we only use the Customer’s personal data in line with the protections provided for under the Data Protection Act 1998 (as amended from time to time).
- All communication between the Company and the Customer will be in writing, usually by email. The Company will use the Customer’s email address that they supplied during the ordering process; this is why we need a valid email address from you. If you change your email address at any time pleas ensure that You update the details we hold for You.
- Oral representations and/or warranties are not binding and cannot be relied upon.
- When an order is placed by the Customer with the Company via the website, the Company will send the Customer an email acknowledging and accepting the order and the Company will also provide the following information:
- A summary of the goods and services that the Customer has agreed to purchase;
- The arrangements for delivery of any goods;
- The duration of the contract and Agreement;
- Arrangements for terminating the contract and Agreement;
- Conditions for terminating any contract and Agreement;
- Details of if, how and when an order may be cancelled by the Customer and who will pay for return of the goods in the circumstances;
- An address to which complaints can be sent;
- Any guarantees, warranties or after-sales services that the Company offer;
- If the Company is unable to accept the Customer’s order it will advise the Customer of this in writing. This might be because a product is out of stock, because of unexpected limits on resources which the Company could not reasonably plan for, because the Company has identified an error in the price or description of the product. Acceptance of any order placed by the Customer is at the Company’s sole discretion.
Delivery of goods
- The Company works hard to ensure that delivery of the goods happens on time and if there are to be any delays we will try to communicate with the Customer in advance. Notwithstanding this, the Customer expressly accepts that sometimes delivery issues or delays occur and this does not give the Customer an automatic cause for cancellation of the Agreement.
- It remains the Customer’s sole responsibility for notifying the Company of any local or physical restrictions that may impact upon the delivery of the goods, including but not limited to: local parking restrictions,local road closure, a low bridge, steeps stairs, stairs longer than 15 steps or the requirement to carry goods on foot for a distance greater than 20 meters. If the Customer fails to advise the Company of such matters in writing at least 48hrs in advance of the scheduled delivery, then delivery may need to be rescheduled if it is not possible on the planned day. Such re-scheduling will be at the cost of the Customer.
- The Customer agrees that someone will be present at the property on the date and time that delivery is scheduled and if that person is not the Customer that the person present has the full authority of the Customer to accept delivery of the goods on his/her/their behalf.
- Once the goods are delivered, they become the property and the responsibility of the Customer. It is therefore the responsibility of the Customer to keep the goods and any equipment secure, safe, dry and undamaged once delivered. If any equipment is damaged, removed from its packaging or the packaging is opened then the Customer will be liable for any costs, expenses and losses incurred by both themselves and the Company.
- The Company makes every effort to deliver and install the goods on time and to ensure that the timescales agreed during the ordering process are met. However, the Company reserved the right to delay the installation for reasons outside the Company’s control, including but not limited to: fires, severe weather conditions, terrorism, war, pandemics, lockdown, fuel shortage, strikes/industrial action, illness, road closure, vehicle breakdown or other cause beyond the control of the Company which interfere with the Company’s ability to perform and complete the contract. Time shall not be deemed to be of the essence in the contract and/or Agreement. This clause is incapable of variation to make time of the essence.
- The Customer is solely responsible for disposing of any packaging in which the goods arrive. General debris will be removed from the site and such removal included in the contract price but this does not include the removal of packaging, dangerous or hazardous waste (i.e such as asbestos or other waste whereby a licence or permit is required to dispose of it). It remains the Customer’s sole responsibility to arrange for the save removal and disposal of any asbestos at their own expense and to provide to the Company a Clean Air Certificate (compliant to UKAS to ISO/IEC 17025 or any regime that replaces this or is in force from time to time) to prove that this work has been completed prior to engineer attendance to complete the installation.
- Once an order has been placed by the Customer and accepted by the Company then the Customer will have the opportunity to send photos to the Company of the installation site/area using a specific web link provided. It is the Customer’s responsibility to send these photos to the Company. By viewing the photos in advance,the Company has a valuable opportunity to discuss any technical or bespoke aspects of the installation with the Customer prior to an engineer attending; this has the benefit of assisting the installation process to run as smoothly as possible and ensures that the correct boiler and ancillary materials are delivered to the Customer’s address to facilitate the installation without delay.
- The Customer warrants that any photos supplied as above are a true and accurate image and reflection of what the engineer will see/find/encounter when he/she attends the installation site.
- If, upon a physical inspection of the installation site, the Company determines that
the equipment ordered and/or installation and work required is either unsuitable or it is not technically possible to install the item(s) ordered then the Company will;
- Inform the Customer in writing of why the installation of the item(s) ordered cannot go ahead without amendment;
- Discuss any alternative option(s) for the Customer including any additional cost of such option(s);
- Discuss any delay(s) in installation caused by needing to order alternative items and potentially reschedule the installation work.
If the Customer declines the alternative product(s) offered, or in the event that no alternative is available, then the Company will refund the Customer and remove any item(s) that may have already been delivered to the site (subject to clause 17), with such removal being at the Customer’s cost and the refund given to the Customer will be net of these removal costs.
- If, upon a physical inspection of the site, the Company determines that more or
additional equipment is required or a significant amount of additional or unforeseen work is required then the Company will;
- Inform the Customer in writing of the additional equipment and/or works that are required; and
- Inform the Customer in writing of the additional costs that will be incurred; and
- Seek the Customer’s written acknowledgement and agreement to the full additional costs. Such written agreement will be required before any works are undertaken. In the event that the Customer delays in providing written agreement, or declines to agree, then the additional work will not be carried out by the Company. The Company will not be liable for any unfinished work as a result of this;
- Inform the Customer of any delay(s) to the installation as a result of needing to order in additional equipment and/or schedule in additional work.
If the Customer declines instructing the Company to order additional equipment and/or to meet the costs of extra work to facilitate the installation, then the Company will refund the Customer and remove any item(s) that may have already been delivered to the site (but not installed and subject to the provisions of clause 17), with such removal being at the Customer’s cost and the refund given to the Customer will be net of these removal costs. The Customer remains obliged to pay for any equipment installed that cannot be removed, and the installation costs of any such equipment.
- If it transpires that the flue length required to install a boiler is longer than 3meters then the Company reserves the right to pass to the Customer the additional costs associated with the extra flue parts that are required to complete the installation. This will be discussed with the Customer prior to installation work commencing. If the Customer declines to agree to any additional costs, then the Company reserves the right to decline the order and the Company will refund the Customer and remove any item(s) that may have already been delivered to the site (but not installed, and subject to clause 17), with such removal being at the Customer’s costs and the refund given will be net of these removal costs. The Customer remains obliged to pay for any equipment installed that cannot be removed, and the installation costs of any such equipment.
- If the Customer’s existing boiler has two flue pipes (i.e one flue for intake of air and a second flue for exhaust) then the Customer should call the Company to discuss prior to placing an order as none of the boilers supplied by the Company work with twin flue options.
- If the Customer’s boiler is located in the middle of the house/property and the flue from this goes out of the wall, then please call the Company to discuss prior to placing an order as this set-up is regarded as an abnormal flue.
- The Company is not liable for any losses or expenses or additional costs incurred by the Customer as a result of placing an order without getting in touch with the Company to discuss prior to placing an order electronically.
Declining an Order
- In the exceptional circumstances where the Company determines that an installation cannot take place at all at the site (for whatever reason) then the Company reserves the right to decline the Customer’s order at any time. In this event then the Customer is not entitled to any damages or expenses of any kind. The Customer will be entitled to a refund of any monies already paid in relation to the works, but the Company is entitled to deduct any costs and expenses it has incurred to the date of the works being declined before processing the refund to the Customer.
- The Company reserves the right at its sole discretion to decline or refuse any order
placed by the Customer:
- Until an Engineer has inspected the site and accepted the order; or
- At any time up to completion.
In the event that the Company declines an order then no damages or expenses of any kind whatsoever shall be due or paid by the Company to the Customer beyond any refund due.
- Any changes or variations to the equipment and/or materials and/or specification from those detailed in the contract will only be valid when supported by a written Amendment to Order document issued by the Company, which will need to be approved by the Customer. The Customer’s approval may be by wet signature on a document or electronically in any email. Verbal approval from the Customer will not be accepted.
Cancellation and Waiver
- The Customer has a right to cancel the contract and Agreement within 14 days of completing the order process online without giving a reason provided that the following conditions are satisfied;
Notice of cancellation is emailed to [email protected] either:
- Before any delivery of goods is made; or
- Within 14 days of the order being placed online; or
- Prior to the engineer attending the installation site on the agreed date
Any email sent as above should be a clear and unambiguous statement of the Customer’s intention to cancel. You may wish to use the following wording, although it is at the Customer’s discretion: “I/We hereby give notice of cancellation for the contract number [insert the contract number] for the supply of [description of item(s) that you wish to cancel] to [property address]. Please ensure you provide your full name (this must match the full name given on the order).
To meet the cancellation deadline, the Company must receive the communication concerning the Customer’s right to cancel before the cancellation deadline. The appropriate time is the time the notice is received by the Company, not when it was sent.
- If the Customer requests for the installation work to be carried out within the 14 day cooling-off period then this will be taken as a waiver of the Customer’s right to cancel. In this event The Customer will be required to send an email to [email protected] from the email address that accompanied the order, including the following:
“I/We hereby give notice that I/We request to waive My/Our statutory 14 day cooling off period in relation to My/Our Agreement for the delivery and installation services.
I/We understand that by doing so, the installation works will commence at My/Our property within the initial 14 days of the Agreement and in the event I/We subsequently wish to cancel, after works have commenced but within this initial 14 days in accordance with My/Our statutory rights, that I/We will be liable to pay the Company an amount proportionate to the work completed prior to cancellation and also for any goods that have been installed at My/Our property.”
“[your name and address, quote reference]”.
- The Company shall be entitled to cancel the contract and Agreement in any of the following circumstances by giving written notice:
- The Customer does not allow access to the property to undertake the installation or ancillary works;
- The Customer does not provide access to the required utilities during the installation;
- The Customer does not provide a safe and respectful environment for the engineer or any other Company representative or attendee;
- The Customer does not fulfil its obligations under the Agreement and these terms and conditions
In the event this Agreement is terminated under this clause, You shall allow the Company, or their agent(s), access to the property to collect any goods or other items provided by or on behalf of the Company under this Agreement which have not been paid for. If the Customer does not provide access, the Company shall be entitled to charge You for the cost of these goods.
- If any equipment has already been delivered to the property, then the Customer can cancel the contract and request a refund. Only the Company’s appointed agent(s) may transport any equipment to be refunded. The Customer is responsible for keeping any and all goods to be returned secure and free from damage and to provide access to the Company for collection when required. It is only when the goods are received back by the Company in perfect untouched condition that the refund will be processed.
Carrying out installation work
- Below are details of what’s We include in Your installation. We will:
- Any existing boiler will be decommissioned and replaced with a new compliant boiler/product with a standard flue (i.e. a flue that does not come within the clauses under the heading “Abnormal flues/situations”)
- Test the gas supply as required.
- Ensure that the existing boiler is safely drained down;
- isolate services (i.e water, electricity and gas) and disconnect and remove the existing boiler and flue;
- Alter any existing hot and cold water services pipework (if required) for the introduction of the new boiler;
- The new boiler and flue to be fitted as per the manufacturer’s instructions. This includes the installation of any support brackets;
- Use the existing fused spur outlet and provide a new 3-amp fuse if required. We will assume that there is an adequate electrical supply to property already;
- Connect the electrical supply to the boiler as per the manufacturers instructions; encasing the cable from the spur to the boiler in trunking;
- Terminate condensate pipework at the waste point as per the manufacturer’s instructions;
- Install pressure relief valve pipework as per manufacturer’s instructions (if required);
- Test EPB (equipotential earth bonding);
- All new pipework to be securely clipped;
- Undertake all commissioning checks in accordance with the specification and/or any manufacturer’s instructions;
- Provide a completion pack;Which will include the manufacturer’s instructions, electrical minor works certificate, gas certificate, building notification (if necessary) and guarantee. This may be provided in hard copy or electronically or a combination of both, depending upon the document;
- Guarantee our workmanship for 12 months from the date of installation;
- Fit a programmer and/or thermostat/programmable room stat in an appropriate/existing location as detailed in the quote;
- Fit a terminal guard to the boiler flue, as detailed in the manufacturer’s instructions;
- Below are details of what is not included in your installation (unless specified on your quotation). We will not:
- Move or remove any of your personal belongings; this includes furniture and soft furnishings;
- Move or remove any white goods within the property; this includes, but is not limited to, fridges/freezers, washing machines, tumble dryers, dishwashers, cookers and hobs;
- Undertake any work of any kind that relates to asbestos (i.e asbestos surveying, sampling, testing and removal) whether identified at point of survey/site inspection or during the installation. If asbestos is discovered at the installation site or at the Property then the Customer is to provide evidence that this has been professionally and lawfully removed prior to Us returning to undertake or complete the installation;
- Replace any type of domestic hot water cylinders;
- Remove a cold water or feed and expansion tank from the loft space. Any such existing tank will be drained down and made safe;
- Carry out work to any existing radiators and/or valves and/or associated pipework. This includes, but is not limited to, tap washers, toilet cisterns and any other bathroom sanitary ware;
- Make good existing decorations and wall finishes;
- Re-instate any appliances following the installation of new boiler;
- Be responsible or have any liability whatsoever for any loss and/or damage caused by anyone other than the installation team provided by Us;
- Carry out any remedial work to the building structure such as brick flues, chimneys or fireplace openings;
- Power flush the existing heating system unless this is specifically included in your quote;
- Undertake any building and/or structural and/or groundwork due to the installation;
- Apply for or endeavour to obtain any planning permission and/or consent(s) for flues on listed buildings or managed properties. Obtaining any required permission and/or consent is the sole responsibility of the property owner and/or customer;
- Undertake any work to upgrade the property’s electrical supply to meet current regulations if it is sub-standard or inadequate at the time of the installation;
- Fit an earth rod;
- Replace faulty cold water stop taps/cocks or faulty domestic fittings (i.e. taps) or lead piping, when pressurised;
- Provide gas pipework runs or cold-water pipework runs unless specified on your quote;
- Guarantee that an existing shower will be compatible with the new system;
- Fit a condense pump or soak away, unless this is specified on your quote. If such fitting is required then additional costs will apply;
- Provide a plume management kit, unless this is specified on your quote. If such fitting is required then additional costs will apply;
- Undertake any work to upgrade the existing system to Y-plan (wired or radio frequency) or S-plan (wired or radio frequency), unless specified on your quotation.
- Once the Customer has selected their preferred installation date via the online ordering process it is reserved for a period of one hour. To confirm the installation date the Customer will need to complete the payment process (including any finance) within one hour. If the Customer does not complete the payment process within the required hour then the Company will use its best endeavours to deliver and/or install on the preferred date, however the Company then reserves the right to only offer an alternative delivery and/or installation date if it can no longer accommodate the Customer’s preferred date for whatever reason.
- The Customer must provide free and uninterrupted access to and egress from the installation property and site; this includes both external access and internal access on the agreed delivery date(s) installation date(s) so that the Company can deliver and install the equipment.
- The Customer must provide free and uninterrupted access to all required utilities including gas, water and electricity (where applicable) during the installation of the equipment and the testing of the same.
- The Engineer will be delivering services in your home. They will always endeavour to treat you politely and courteously at all times and the Company would expect you to treat them in the same way. The Company will not tolerate any threatening, abusive or violent behaviour towards any of our Engineer(s), nor will the Company tolerate any sexual or racial discrimination or any kind of anti-social behaviour. If any such behaviour occurs then the Engineer will immediately leave the site (making safe any partial installation before they leave) and the incident may result in a report made to the Police. The Company is under no obligation to send an alternative Engineer to the Customer’s home until it has carried out its own investigation and risk assessment. If, following the Company’s investigation and/or risk assessment it is deemed unsafe to send another Engineer then the Company reserves the right to terminate the contract should the work environment be considered to be unsafe for our Engineer(s). For the avoidance of doubt, any delay(s) resulting in the equipment being installed and tested does not entitle the Customer to any damages or claims for losses of any kind, nor does it entitle the Customer to cancel the contract.
- During the existence of the contract the Customer agrees to provide a safe and respectful working environment for the Company’s Engineer(s). Any engineer attending the property will leave if any rude, abusive or unsafe conditions are encountered. In such circumstances it will be at the sole discretion of the Company whether reattendance by an Engineer is arranged and what the charge for such reattendance will be. In any event the Customer will not be entitled to any refund is the Engineer leaves the site due to safety, abuse or general rudeness. Further, in such circumstances the Customer will not be entitled to any damages or have any claim for losses as a result of the installation not being completed and/or installation being delayed.
- Under the Construction (Design and Management) Regulations 2015 (as amended from time to time) the Company must ensure that all Engineers and/or other attendees working on the site have access to:
- sanitary conveniences (i.e. a working toilet);
- washing facilities (i.e. a sink with hot and cold water);
- clean fresh drinking water;
- changing rooms (i.e. that offer privacy);
- facilities for rest in a warm indoor place
To reduce the overall cost to the Customer, the Customer agrees to provide access at all times to these facilities within the property for the Engineer to use; with such facilities being offered in a clean condition with respect given to the Engineers privacy. If the Customer is unwilling to make such facilities available and would like the Company to make alternative arrangements to comply with the CDM Regulations 2015 then the Customer must give the Company written notice at least 14 clear days before any onsite works are due to start and the Customer must pay the additional cost(s) incurred of hiring any required facilities.
- It is the sole responsibility of the Customer to ensure that there is adequate vehicular access to the property and parking for the Engineer’s van within 25 meters of the entrance for the property. Any parking charges applicable are to be paid by the Customer and will be included in the final invoice. If a permit is required for parking, then it is the sole responsibility of the Customer to organise the permit and to notify the Company of the restriction when ordering. If the make, model and registration of the vehicle is required to obtain a permit then it is the responsibility of the Customer to contact the Company in sufficient time to obtain these details to ensure the permit is available for the day of delivery and installation. For the avoidance of doubt, if adequate and compliant parking arrangements are not in place and delivery and/or installation cannot take then the delivery and/or installation may need to be delayed. Any delay(s) resulting in the equipment being delivered and/or installed does not entitle the Customer to any damages or claims for losses of any kind, nor does it entitle the Customer to cancel the contract.
- It is the Customer’s sole responsibility to secure any necessary permission(s) and/or consent(s) and/or licence(s) and/or permit(s) that may be required to authorise the work; (examples of which could be freeholder consent, landlord consent, listed building consent etc. This is not meant to be an exhaustive list, it is simply for illustration).
- It is the Customer’s sole responsibility to ensure that any Part Wall Act agreement (if applicable) is undertaken prior to the Company’s attendance at the property to carry out the installation work.
- Any existing pipework, radiators and valves in the property along with any other relevant equipment should all be in fully functional working order at the time of installation. If they have been poorly installed and/or maintained and have become faulty then any such failure and/or consequential damage is strictly not the responsibility of the Company irrespective of whether an Engineer working for the Company has touched them or not.
- If the Company needs to install new or upgraded pipework then the route of such pipes should be discussed with the Customer but ultimately the pipes will need to be installed in a way that makes the most functional sense, not the most aesthetically pleasing way. As a result, pipework may need to be mounted on a surface or clipped in place. The Company’s Engineers will not bury or conceal pipework in walls or under the ground, or build any structure to box it in.
- The Company will use its best endeavours to complete work before 6pm on the day of installation but it may, on occasion, need to work overtime to achieve completion. It is a condition of the contract that the Customer’s written approval to such overtime is granted (this can be in the form of an email from the email address used when the order was placed). The Company will endeavour to minimise any disruption and inconvenience. If the Customer declines to allow the Engineer to work past 6pm then a re-attendance rate will need to be agreed for the Engineer to return and the Company cannot guarantee than an Engineer will be able to return the next working day.
- Policies change periodically and so the Customer shall have the benefit of any modification the Company may make to its products and procedures, albeit that these changes may be implemented without notice to the Customer. As such, any illustrations contained within the Company’s website along with any advertising, marketing materials or other literature (including that of the Company’s suppliers) is purely intended to be a guide only.
- The Company will use all reasonable care when carrying out installation work, but the Company accepts no liability whatsoever for any damage to plaster work, wall coverings, floor coverings or any decoration which may result from carrying out the installation. Cuts or holes made to facilitate the installation will normally be made good but they will not be redecorated or finished to a professional decorating standard. Any floorboards or special laminate flooring cannot be permanently re-fixed. Any carpet that has need to be lifted will be relayed to the best of our Engineer’s ability (but we are not professional carpet fitters) and we cannot be responsible for carpets that have been either glued or nailed down. It should be anticipated by the Customer that some amount of cosmetic redecoration work may be required after the installation. This will remain the Customer’s responsibility as such work is specifically not included in the Company’s price.
- The Customer confirms that they understand that there could be changes in the water pressure in the existing plumbing at the property following any plumbing work carried out by the Company as part of the installation. Whilst the Company will exercise reasonable care in visually assessing the suitability of any existing pipework or system for any likely changes in pressure, the Company will not be liable for any damage caused to the existing plumbing system or installation or any consequential damage that is caused by the failure or incompatibility of any existing pipework, taps, valves, showers or any other fitting(s) or appliance.
- It is not possible for the Company to determine, pre-installation, if a certain shower and boiler combination will be compatible, due to the wide variety of showers that are available in the marketplace. The Company will not be liable if the Customer’s existing shower/boiler turns out not to be compatible with the new shower/boiler for any reason.
- The Company’s Engineers will take reasonable care not to damage any wiring, plumbing or other service media at the property but the Company cannot be held responsible for any consequential damage caused to such existing wiring, plumbing or service media which is not clearly visible.
- The Company will not be liable for any damage caused to the Customer’s property which is a direct result of structural defects and/or weaknesses at the property, whether or not they are visible. If the Customer has any concerns around the structural integrity of the property or building, then the Customer should engage an appropriately qualified professional structural surveyor to attend the property prior to attendance by the Company to complete the installation.
- The Customer accepts that products and building materials can vary in colour, texture and general overall appearance and the Company accepts no liability for any materials or equipment used during the installation process that have such variations. When endeavouring to match existing materials (such as bricks or tiles) which are already in situ at the property, it is often not possible to source the exact same product, or even a close match, due to older products becoming obsolete or no longer in production, along with the effects of general weathering and use. The Company therefore accepts no liability for any new materials introduced into the property not matching any existing materials and explicitly states in the contract that variations in colour, texture and overall appearance are likely and will be accepted by the Customer. If the customer required specific materials to be used which they either have in their possession already or are ordering in (for example such as the exact same tile or brick) then the Customer agrees that such materials will be made available, at their own cost, to the Company at the time the installation work is taking place.
- When the Company’s Engineer adds new equipment to the Customer’s property, the Engineer will need to inspect the existing relevant infrastructure to ensure that it meets the current regulatory standards and is of suitable performance. Should the Customer’s existing infrastructure be deemed to be unsuitable and/or fail to meet the relevant standards then the Customer will be given the option to bring the existing infrastructure up to a present standard that would support the installation of new equipment to be connected.
- If the Customer does not wish to authorise the required additional work(s) then the order may be cancelled for a full refund less any costs incurred by the Company up to the point of cancellation; or
- If the Customer will not authorise the additional work(s) but still requires the new equipment to be installed then the Engineer will leave the equipment for connection by another separate professional not connected with the Company, as the Company will not be able to commission the equipment. In these circumstances the Customer will still be liable to make full payment as if the installation had been completed.
- If the new boiler is to be fitted/installed in a loft space, then access to the loft must be via a fixed loft ladder only. From the top of the fixed loft ladder there must be a continuous suitably boarded walkway to the boiler. At the location of the boiler there must be at least 1 sq m of suitable fixed boarding under the boiler. Permeant lighting should also be present. If the boiler is located within 2 meters of the loft hatch, then the hatch will need to be able to be sealed off whilst the engineer works in the loft.
- The Engineer will take photographs of any before/after, any installed equipment, any relevant infrastructure or any other item/situation which is deemed relevant for either this Agreement, or the Company’s auditing purposes or own records. From time to time the Company may use any pictures taken of installed equipment for marketing purposes and the Customer gives the Company permission to use such pictures.
- The Engineer may attend with others such as managers or trainees. All of the conditions relating to behaviour apply to any attendee connected with the Company and not just the Engineer.
- During the installation process, the Company’s health and safety plan requires the Engineer to have access at all times to working communication devices. If for any reason the Engineer is unable to get a mobile phone signal/reception then the Customer agrees to make available to the Engineer their own personal telephone and internet connection free of charge.
- Once the installation work is completed at the property, the Customer (or their representative) may inspect the work before the Engineer departs. Once the Engineer is satisfied that the work is complete and the Customer (or their representative) has been given the opportunity to inspect, then all of the works required to fulfil the Company’s part of the contract and Agreement are deemed to have been completed. For the avoidance of doubt, if the Customer is not at home and has left family/friend to allow access and oversee the work then this is the person who will given the opportunity to inspect; the Engineer will not wait around whilst the Customer or another person travels from a separate location to the property.
- When new equipment is being installed it may be that other trades are required to complete the work, or part(s) of it. For example, an electrician may be required to wire controls to a new boiler. In these circumstances, the Company will endeavour to leave the equipment working until the appropriate professional trades person can attend and perfect/finalise the installation at a convenient time.
- Sometimes things simply do not go to plan when installing new equipment. The Customer agrees to give the Company and its Engineers every reasonable opportunity to put things right by allowing access to the property and time to remedy any fault or problem. The Customer also undertakes to minimise, mitigate or avoid any losses that they may suffer as a result of any action/inaction by the Company or Engineer.
- New equipment can sometimes not function correctly once first installed (for example, due to a fault in the equipment that couldn’t have been detected, or a component may have been dislodged in transit). The Company will work with the Customer and any manufacturer/supplier to remedy any fault or problem as quickly as possible. Sometimes it may not be possible to fix the equipment and it will need replacing in its entirety which can cause delay and inconvenience for all concerned; the Company will use all reasonable endeavours to minimise any disruption to the Customer but cannot be held responsible for faulty equipment.
- If something that is solely within the Customer’s responsibility/control (for example, but not limited to, remove any asbestos, to ensure parking and a clear access, to obtain necessary permissions and consents) prevents delivery and/or installation of any goods/services ordered for more than 4 months after the order was placed with the Company, then the Company will be deemed to have performed the contract and will be entitled to retain all monies paid to date without any deduction or refund whatsoever and will be relieved of its obligation to supply or provide any further goods and/or services.
- The Company are in no way liable for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity of the Customer in any way whatsoever.
- If the Customer works from home the Customer accepts that there may be some level of noise and/or disruption and should factor this in when nominating a delivery and/or installation date
- The Customer agrees to keep any pets or other animals out of the way of the Engineer during both delivery and installation. The Customer will be liable both to the Company and the Engineer for any separate losses, damages, medical bills or any other expense incurred as a result of any injury caused by any animal that is at the property at the time of delivery or installation (for example, if the Engineer trips over a cat or is bitten by a dog).
- The Customer warrants that both they (to include their representative) and anyone else living in the household are not suffering from covid (to include any and all strains and variants)at the time of both delivery and installation and will produce to the Company on request a negative lateral flow test before the Engineer attends. The Customer also warrants that they (to include their representative) and anyone else living at the household are also free form any other transferable illness or disease. The Customer will contact the Company in writing to inform the Company if the delivery and/or installation is no longer able to take place on the nominated day due to reason of covid or other illness. In such event, the Company then reserves the right to only offer an alternative delivery and/or installation date (which will only occur once it is safe to do so) if it can no longer accommodate the Customer’s preferred date. By the same token, the Engineer will not attend if he/she is suffering with covid and the Company will inform the Customer of this in writing and will re-schedule the delivery and/or installation. As time is not of the essence under these terms and conditions any re-schedule due to illness does not entitle the Customer to cancel.
- Included within the price given by the Company is a provision to access any external part(s) of the property where installation work is to be carried out; provided that the external area(s) can be reached using a set of extension ladders of 7m length. If it is not safe to access the exterior of the property using regular equipment, then scaffolding or other access platform may be required to enable the Engineer to have safe access. The Customer fully accepts that the Company cannot jeopardise the safety of its Engineers, or potentially breach health and safety provisions, and so suitable access equipment may be required the cost of which is to be met entirely by the Customer. The Company will discuss the additional cost(s) of access equipment with the Customer and will only proceed with the installation upon receiving written acknowledgment and acceptance of the additional cost(s) from the Customer (an email from the email address that was provided during the ordering process is sufficient). If the Customer does not wish to pay for any additional access equipment, they may cancel the contract and receive a refund less any deductions made by the Company for costs it has incurred to the point of cancellation.
- Once the installation is complete, the Company will provide You with a Building Regulations Certificate, as well as a completed Benchmark Certificate, to confirm that We have notified the local authorities of the installation of a new gas appliance and to prove compliance. It is the Customer’s responsibility to keep this paperwork or any electronic document/certificate safe. The Company will not provide replacement copies, it will be for the Customer to arrange replacements at their own cost.
- If the Customer is placing an order to convert from a standard boiler to a combination boiler then it is likely that on completion of the installation there will be a pressure increase in the pipework and this is likely to exacerbate any existing or past leaks. The Company are happy to agree to re-attend on one occasion for up to one hour in total free of charge to endeavour to identify and rectify any leaks. After two attendances/three hours work (whichever comes first) the Company will provide a quote to carry out further remedial works (which is likely to include renewing significant parts, if not all, of the infrastructure that is likely to need replacement).
Removal of old/existing equipment
- If the Customer would like to keep any old equipment or materials that have been removed as part of the installation work then this must be expressly made known to the Engineer as soon as he/she arrives at the property on the day of installation.
- If an existing water storage tank in the loft is to be decommissioned as part of installation a new combination boiler, then the tank will be left in place unless the Engineer is requested to remove this whilst at the property.Any such removal will incur an additional cost and is strictly subject to any existing loft hatch being large enough to remove the decommissioned storage tank through.
- The price given by the Company includes the removal and/or safe disposal of all old/existing equipment. It may be necessary for the Company to hire a skip and/or specialist disposal company which the Company will organise at cost price to the Customer.
Payment and Finance Arrangements
- All prices given or displayed by the Company include VAT, unless otherwise stated.
- The Customer will pay the price for the goods and the services as is set out in the order/quotation.
- Delivery and other charges (for services) will be confirmed on screen during the online specification and purchase process. In the even that the rate of VAT changes between Your order date and the date the Company supplies the goods/product and installs the same, the rate of VAT will be adjusted accordingly.
- If the Customer is paying by a credit or a debit card then such funds are required to be cleared funds in the Company’s bank account prior to the delivery and/or installation of the goods; it is only at this point that payment is deemed to have been received. If the Customer attempts to claw back payments (for example, by requesting a charge back on a credit card) then the Company will pass on and seek to recover any costs, losses and/or expenses associated with dealing with and/or defending such action.
- The Company will issue a final invoice to the Customer once full payment has been made and the equipment has been installed.
- Should any money remain outstanding from the Customer to the Company then the Company is entitled to delay or defer any or all of the work(s) without penalty or compensation due from the Company to the Customer whatsoever.
- If, during the order process, the Customer would prefer to pay for goods and services using a financing package then the Company may provide the name(s) of third party finance providers but this is purely an introduction and the Company in no way recommends or endorses the Customer taking out finance and the Company is in no way providing any services under the Financial Conduct Authority or holding itself out as doing so. The decision as to whether or not take enter into a finance arrangement, and, if so, with which provider, remains solely that of the Customer.
- If the Customer enters into an agreement with a finance provider the Customer will need to ensure that the finance provider will pay the Company directly when the balance under the contract becomes due.
- If the Customer enters into a finance agreement with a provider which is subsequently cancelled (by either party and for whatever reason) then the balance due under the contract and Agreement with the Company will become immediately payable by the Customer.
- All goods and equipment remain the property of the Company (even if it has been installed) by way of a lien until it/they have been paid for in full and the Company expressly reserves the right to re-enter the property/site to remove such goods (whether or not they have been fixed or installed) which remain unpaid for.
- In the event of:
- suspension or cancellation of the work at the Customer’s request; or
- a lack of meaningful instructions from the Customer (or their representative);
Any and all expenses incurred by the Company or losses suffered shall be chargeable to the Customer in full, along with any reasonable addition for administration and/or overhead costs. This condition does not affect any statutory or common law rights of the Customer.
- If the Customer has a bankruptcy petition filed against him/her/them or the Company reasonably believes that The Customer will not be able to pay for the goods and services supplied or to be supplied, the Company may elect to end or suspend this Agreement until payment in full for the ongoing and completed works has been made.
- Most of the items supplied by the Company of a significant value come with a manufacturers-backed parts and labour warranty provided that they have been properly inspected and maintained annually (i.e. serviced) by an appropriate qualified/registered engineer. The cost of any servicing and/or inspection post installation is not included in the contract price provided by the Company. It is the Customer’s responsibility to organise appropriate servicing/inspection and to retain any service records. Such records must be produced by the Customer to either the Company or the manufacturer at the time of making a claim under the warranty. After the installation has taken place the Company will ordinarily register the warranty with the manufacturer (unless expressly requested by the Customer not to do so) and will email the Customer the relevant details of the warranty registration. For the avoidance of any doubt, the warranty is provided by the manufacturer of the equipment and not the Company.
- Any ancillary equipment supplied (for example any radiators and thermostats) will typically benefit from a one year parts and labour warranty. Other equipment has different warranties and these will vary depending upon the item and the manufacturer. Upon the written request of the Customer, the Company will provide details of the applicable warranties.
- Any workmanship carried out by the Company’s Engineer will be done by a suitably qualified person and with reasonable skill and care.
- The Installation of any pipework, joints and hand applied seals benefit from a one year warranty to include both parts and labour.
- Any guarantee(s) shall be null and void if the Customer does not make payment(s) on the due date(s) and if the above conditions are not adhered to.
- Neither the Company, nor the manufacturer of any parts or equipment supplied will be liable to the Customer under this Agreement or otherwise to carry out any repairs under the warranty or otherwise where any fault, failure or problem arises as a result of:
- Any failure of the Customer or any third party in the inspection, care, servicing or maintenance of any equipment which is not carried out strictly in accordance with the manufacturers instructions. The Customer is responsible for maintaining full and accurate service records for each and every appliance or piece of equipment, as without such records any warranty will be void;
- Any deliberate act of damage or vandalism irrespective of who caused this;
- Any damage caused by circumstances that are/were outside of the control of either the Company of the manufacturer of the equipment;
- A variation in a flow rate of water to any installed equipment.
- The following are excluded from the warrant:
- Replacement of any lamps, bulbs or filaments;
- Replacement of timers, thermostats or lockout devices;
- Any other device(s) which may be connected to, or integrated with, the equipment installed by the Company after the expiry of the warranty period for the individual items.
- The Customer must notify the manufacturer of any warranty claim immediately on becoming aware of a fault or problem. The contract details for the manufacturer are supplied in the instruction manual for the product or component which was left with the Customer, or the Customer can email [email protected]
- The warranty set out in the clause(s) above specifically applies to the equipment that has been installed by the Company as part of the contract. Any existing equipment, such as but not limited to, controls, radiators, thermostats, drains or other devices are entirely excluded from any warranty hereby offered.
- In the event that the Company re-attends the installation site/property at the Customer’s request to deal with a suspected fault/problem and no fault/problem is found, or any fault/prob8lem relates to something that the Company is not responsible for then the Company reserves the right to make a reasonable charge to cover the cost(s) of the Engineer or Company representative’s attendance.
Limitation of Liability
- Nothing in these terms and conditions serves to limit the Company’s liability for:
(i) death or personal injury caused by the Company’s sole negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any matter that We are unable to exclude, reduce or limit as a matter of law.
- The Company’s total liability in relation to the works shall not exceed £25,000.00 (twenty five thousand pounds)
- Except for any legal responsibility that the Company cannot exclude in law (such as for death and personal injury), We shall not be responsible for any losses:
(i) that were not foreseeable to either You and/or the Company when the Agreement was formed;
(ii) losses that were not caused by any breach on our part;
(iii) business losses, and/or losses to non-consumers arising under or in connection with this Agreement.
- If We fail to deliver the standards of service that You reasonably expect, We want to be told about it so that We can put it right. In such an event, please Email Us at [email protected] with sufficient details of Your query/compliant. The Company will then independently assess Your complaint and do all We can to resolve matters to Your satisfaction. If We are unable to resolve Your complaint within 24hrs then We will carry out a full review and endeavour to provide you with a full written response within 8 weeks.
- If the situation that You are complaining about has the potential to cause harm to You, Your possessions or members of the public then the Company will escalate the Customer’s complaint and will visit site to resolve the issue within 24 hours of receiving your complaint.
- If the Customer’s complaint relates to Our credit broking services (where the Company has introduced You to a credit lender), then You may be able to refer Your complaint to the Financial Ombudsman Service.
The contact details for the Financial Ombudsman Service are:
Telephone: 0800 023 4567 from within the UK
- General provisions
(a) Intellectual Property Rights – Aside from intellectual property rights (trademarks, design rights, copyright, know how, business names etc.) that are already owned by third parties, any and all intellectual property rights associated with any schedule of works shall be owned by the Company.
(b) Survival – the clauses under the following headings shall all survive termination of this Agreement;
(i) Payment and finance arrangements;
(ii) Limitation of Liability;
(c) Entire agreement – This Agreement including any quotation, and any schedule of works constitutes the entire Agreement between the Company and the Customer.
(d) Force majeure – Neither the Company or the Customer shall be responsible to the other for any failure to perform, delay in performing or imperfect performance of any of their respective obligations under this Agreement to the extent that any such failure, delay or imperfect performance is due to a force majeure event (event or circumstance outside the Company or the Customer’s reasonable control which could not be prevented or avoided such as, for example but not limited to: acts of god, natural disasters and severe weather conditions).
(e) Severance – If any part of this Agreement is found by any English court to be invalid, illegal or unenforceable, that part(s) shall no longer form part of this Agreement. The remainder of the Agreement shall not be affected and shall remain in full force.
(f) Assignment – this Agreement is personal to the Customer and shall not be capable of assignment. The Company shall be entitled to assign any of rights and benefits under this Agreement to any connected company.
(g) Counterparts – This Agreement may be signed in any number of counterparts but each counterpart shall be an original of this Agreement and shall be taken/read together as being the same Agreement.
(h) Third party rights – The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement meaning that no person other than the Company and the Customer shall have any rights under it or be capable of enforcing it.
(i) Law – This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English Courts.
(j) Any lawful limitations contained in these terms and conditions do not affect the Customer’s statutory rights under the Consumer Rights Act 2015 (if applicable and as modified from time to time). If You want independent advice about rights, You can speak to Citizens Advice or Trading Standards.
(k) A working day is to be regarded as 8am to 4:30pm Monday to Friday excluding Bank Holidays.
(l) Words used here in regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.