FLETCHER HEATING & RENEWABLES LTD
TERMS & CONDITIONS
1. Definitions
In this Agreement the following words have the following meanings:
"Agreement" means the agreement between the Customer and the Contractor as described in these terms of business and the Quote.
"Contractor" means Fletcher Heating & Renewables Ltd who is to provide the Services to the Customer.
"Customer" means the person(s) who purchase the Services from the Contractor.
"Goods" means as described in the Quote and all incidental materials used for the carrying out of the Services.
"Normal Working Hours" means between the hours of 8.00 am and 5 pm, Monday to Friday and excluding Bank Holidays;
"Services" means any work carried out by the Contractor or if supplied works as described in the Quote
"Quote" means the verbal statement or documentation issued by the Contractor that sets out the Services.
2. Quote and Price
2.1 The price for the Services shall be quoted in the Quote and shall show both exclusive and inclusive of any value added tax.
2.2 The Quote may be accepted at any time within a period of 14 days from the date of Quote and, if not accepted within such a period, shall lapse. In the event of the Quote being accepted within such a period of 14 days, the Contractor may:
2.2.1 By giving notice to the Customer at any time up to 7 days before delivery, increase the price of Goods to reflect any increase in the cost to the Contractor which are due to factors that are beyond the reasonable control of the Contractor which occurred after completing the Quote, in such an event the Customer may cancel the Agreement provided that he notifies the Contractor in writing within 7 days of any such notice from the Contractor;
2.3 Unless otherwise stated, the Quote does not cover any work by other trades. If work by other trades is specified within the Quote, the Contractor reserves the right to nominate sub- contractors to effect the same at its discretion. Any disputes arising from such sub-contracted work will not be reason for withholding payment for other work included in the Quotation, including that affected by the Contractor and/or their other sub-contractors.
2.4 The Quote is given and the Services undertaken by the Contractor on the understanding that:
2.4.1 All necessary licences, authorities or planning permissions, including the consent of the landlord/homeowner are first obtained and any costs involved covered by the Customer;
2.4.2 Unrestricted access to the premises will be given by the Customer to the Contractor in order that the Services may be undertaken.
2.4.3 The Contractor has the use of all necessary facilities at the Customer's in order that the Contractor can undertake the Services.
2.4.4 Any additional costs incurred by the Contractor as a result of this clause not being strictly observed, may result in an additional charge.
2.5 Any defects of deficiencies found in an existing building or flues or in an existing system which requires to be attended to for satisfactory completion of the Services or to satisfy statutory requirements and not specifically referred to in the Quote shall be the responsibility of the Customer. If the Customer arranges for any part or the whole of such work to be carried out by the Contractor it shall be the subject of a separate Quote or be charged as an extra on a time and materials basis. The Contractor reserves the right to refuse to undertake the Services.
2.6 The Customer undertakes to clear all the necessary areas as agreed with the Contractor before the Contractor commences the Services which, for the avoidance of doubt, includes all furniture and all floor coverings. The Contractor shall take every care during the carrying out of the work however the Quote does not include any subsequent incidental re-decoration upon the execution of the Services. The contractor shall take every care if the installation and/or repair dictates the contractor must remove doors , cupboards, fixtures and fittings etc, however the quote does not include any subsequent need for repair or replacement of these items.
2.7 Any concessions or discounts offered can be withdrawn by the contractor to protect the interests of the business.
3. Payment Terms
3.1 Payment is due within 24 Hours of the invoice being sent unless agreed in writing. The Contractor will issue invoices in the stages set out in the Quote.
3.3 No payment shall be deemed to have been received until the Contractor has received clear funds.
3.3 If any sum from the Customer to the Contractor under the Agreement is not paid on or before the due date for payment then the Contractor shall be entitled to charge the Customer interest calculated on a daily basis on all overdue amounts until actual payment is received at the rate of eight per cent (8%) per annum above the Bank of England base rate prevailing from time to time until payments are made in full.
3.4 The Contractor reserves the right to request a deposit of up to 70% of the total amount on all quotes exceeding £250, this is at the contractor’s discretion.
3.5 The Contractor reserves the right to request a pro forma to be paid in full for services yet to be carried out as required, this is at the contractor’s discretion.
3.6 All payments are to be made by cash, BACS or a card machine (if available).
4. Services
4.1 The Contractor shall make every endeavour to carry out the Services within the period stipulated or if no period is stipulated within a reasonable time.
4.2 Due to changes in the design or modifications by the manufacturers of Goods or materials or through lack of availability, the Contractor may not be able to supply the equipment originally specified in the Quote. In such event the Contractor, with the agreement of the Customer, shall supply a satisfactory and reasonable alternative item and the price shall be adjusted accordingly.
4.3 Unless expressly otherwise stated, where drawings are submitted with the Quote they shall be for demonstration purposes only. They should not be relied upon by the Customer and they are not prepared to specifically show the type or precise position of construction or installation.
4.4 The Customer warrants that any specifications they give to the Contractor for the completion of the Services or in relation to any Goods or material will be accurate and complete.
4.5 Any drawings or designs prepared by persons other than the Contractor or any supplies and any extra work necessary caused by defects in such drawings or designs shall be charged as an extra on a time and materials basis or be the subject of a separate Quote.
5. Boiler installations & Repairs
5.1 The customer understands that we are unable to guarantee the integrity of your existing system (especially pipework situated within concrete floors). Our quotation is to replace the boiler, system controls (if quoted) and make good only. Any leaks or issues with existing pipework will not be covered and may be repaired but at an additional cost to the customer.
5.2 The customer understands that every effort will be made to restore facilities at the earliest opportunity. The heating and hot water system could remain out of action for much of the time the work is in progress. Cold water supply interruption is anticipated but will be kept to a minimum where possible.
5.3 Any and all installations and repairs are limited to what is stipulated in the quote and no further works will be undertaken.
5.4 The customer understands that the contractor is unable to guarantee the integrity of your existing system (especially pipework sited within concrete floors). Any leaks or issues with existing pipework will not be covered and may be repaired but at an additional cost to the customer.
5.5 All visible pipes will be fitted neatly and as inconspicuously as practicable. Provision will be made for the effects of expansion and contraction. All new pipe work containing water in unheated spaces i.e. garages or lofts will be lagged as necessary.
5.6 Where any supply pipework is to run beneath floors, we will require access to the respective rooms to raise carpets and flooring as appropriate as discussed during the survey. The contractor would appreciate the customer undertaking the moving of any furniture or items to facilitate access to these areas wherever possible prior to work commencing.
5.7 The Contractor will relay carpets and other floor coverings as best as practicable but will not accept responsibility for their integrity and/or any damage sustained. Any re-stretching required will need to be undertaken by your own contractor. The Contractor shall take every care during the carrying out of the work however the Quote does not include any subsequent incidental re-decoration upon the execution of the Services. The contractor shall take every care if the installation and/or repair dictates the contractor must remove doors, cupboards, fixtures and fittings etc however the quote does not include any subsequent need for repair or replacement of these items.
5.8 It will be necessary to provide pressure relief and condensate pipes from new condensing boilers to a suitable point as discussed during the survey. Every effort will be made to make these as inconspicuous as possible however we will ensure current Gas Safety and Building Regulations are met accordingly.
5.9 All reasonable steps will be taken to assess the suitability of your current gas supply pipework to the boiler. If no additional information of a gas pipe upgrade has been stipulated in your quote it is the contractors understanding it may be suitable for the new installation. If, however, the contractor installs your new boiler and the gas supply pipework is not adequate, a new quotation will be made to upgrade the pipework, and this will be of additional cost to the customer. It is the customers understanding that if this gas pipework is not upgraded it may invalidate their boiler warranty. This will also be no reason to withhold payment, and full payment is still due as stipulated in ‘payment terms’ regardless of outcome.
5.10 The contractor cannot be responsible for any sludge issues that may be present in heating systems.
Sludge in heating systems can sometimes shift when a system is drained to perform works causing blockages when refilling the system that were not there before the work commenced. Sludge is a direct result of old corroding radiators. Heavy or solidified sludge in heating systems can require the radiators and even the pipework to be replaced when flushing is deemed unsuitable due to the extent and/or characteristics of the sludge inside the system.
5.11 Air locks, the contractor cannot be responsible for issues relating to air locks inside wet central heating systems. Poor pipework layout and sludge trapping air are some of the causes.
5.12 The quotation includes providing all holes etc. required for pipe runs and making good all work disturbed afterwards but not painting and decorating, carpentry, brickwork, plastering or electrical work other than that specified. The quotation includes the removal of all scrap and waste materials from site.
5.13 While undertaking a repair/ installation, access will be required to your premises at all times. You must ensure the working area is clear and free from all obstacles and hazards. The contractor shall not be liable for any delay in performing the work where this is due to your failure to comply with this clause.
5.14 It is the customers responsibility to ensure before the contractor begins work that there is adequate water, gas and electricity supply to your home and drainage. If not, the contractor have the right to cancel the contract without liability on its part.
6. Sludge
The contractor cannot be responsible for any sludge issues that may be present in heating systems.
Sludge in heating systems can sometimes shift when a system is drained to perform works causing blockages when refilling the system that were not there before the work commenced. Sludge is a direct result of old corroding radiators. Heavy or solidified sludge in heating systems can require the radiators and even the pipework to be replaced when flushing is deemed unsuitable due to the extent and/or characteristics of the sludge inside the system.
7. Magna cleanse Flush / Power Flush
7.1 While undertaking a power flush, access will be required to your premises at all times. You must ensure the working area is clear and free from all obstacles and hazards. The contractor shall not be liable for any delay in performing the power flush where this is due to your failure to comply with this clause.
7.2 It is the customers responsibility to ensure before the contractor begins a power flush that there is adequate water, gas and electricity supply to your home and drainage. If not, the contractor have the right to cancel the contract without liability on its part.
7.3 The contractor will not be responsible for any leaks identified in the central heating system following a power flush unless this is due to our negligence. Should leaks occur the contractor will not be responsible for the taking up of carpets and floor coverings (including tongue and groove, parquet, hard wood, rubber, tiled floors or other). The customer may decide to call a specialist contractor to do this work for you. In such case, it is the customers responsibility to replace the flooring when the work has been completed. Following the work, the contractor will not be responsible for redecoration, cleaning or removing of odours that may be required.
7.4 Following a power flush the contractor will not be responsible for replacement appliance components, radiators, auto air-vents, pumps and system pipework identified as requiring replacement due to the age and condition of the system.
7.5 The aim of power flushing is to clean corrosion debris and limescale from heating systems as thoroughly as possible. Due to the materials system components are made from, specifically iron and steel, there will always be some corrosion debris on metal surfaces and subsequently in circulation. Similarly, fresh water added to systems will contain an amount of dissolved limescale, which can subsequently deposit onto systems components. Some corrosion debris may remain in the system after power flushing due to: i) System components (heat exchangers, diverter valves, thermistors, pumps, air vents / separators, pressure vessels, PRV’s, cold feed pipes, motorised valves, TRV’s, filling loops etc) may not allow all corrosion debris or limescale to be removed due to their design, position or condition. ii) Solid blockages in pipes or stuck valves can prevent circulation and therefore cleaning of a pipe circuit or radiator. iii) Ongoing corrosion due to design faults such as: systems pumping over into feed and expansion header tank, pumps drawing in air or the presence of different metals leading to electrolytic corrosion.
7.6 Where design faults and faulty components have been identified the contractor will offer to rectify / replace as appropriate, and there will be an additional charge for such work. If the customer does not wish to pay for rectifications or the contractor is not able to carry them out then contractor will endeavour to clean the system as thoroughly as possible accepting the limits of the system. The customer accepts the limitations of the services provided in these circumstances and that a completely thorough clean may not be possible. Where this situation arises, full payment will still be due and paid in full in line with the quotation.
7.7 Boiler and heating system noises (e.g. kettling heat exchangers, pipework noises) are often symptoms associated with debris and corrosion. Some noises can persist following a power flush, this is not an indication of the work not having been carried out thoroughly
7.8 Air locks, the contractor cannot be responsible for issues relating to air locks inside wet central heating systems. Poor pipework layout and sludge trapping air are some of the causes.
8. Asbestos
8.1 Any asbestos contained materials encountered on site which have not been specifically itemised will not be removed unless requested, for which an additional charge may be made.
9. Electrical Work
9.1 Only the electrical work detailed in the quote is included, any other work is the responsibility of the customer
9.2 Upgrading the Main Equipotential Earth Bonding is NOT included in your quotation. The contractor will check this during the installation, and you will be advised if this does not meet current regulations and if any additional work is recommended.
9.3 New independent immersion heater or shower supplies are not included in your quotation unless specifically specified.
10. Guarantees and Exclusions
10.1 All boilers supplied by the contractor will be supported by a manufacturer backed warranty for the length of time detailed in your quotation. This warranty is with the manufacturer and not with the installation company. To claim under this warranty, you must ensure the boiler has been serviced on an annual basis. The cost of annual servicing after installation is not included in the quotation unless otherwise specified.
10.2 It is the customers responsibility to organise and keep records of service for the products. These records must be produced to the manufacturer on request if you are making a claim under the warranty. Any warranty will be void without these records.
10.3 Any auxiliary products which are supplied (e.g. radiators and thermostats) will usually be supported by a 12-month parts and labour warranty. Other components and equipment such as filters will have individual warranties. These will differ depending on their specific manufacturers. Please contact the contractor to obtain details of these warranties.
10.4 The installation and repair service carried out by the contractor is supported by a 12-month parts and labour warranty.
10.5 Any damage caused by a faulty part will not be the responsibility of the contractor unless clear negligence is obvious.
10.6 The customer will not be able to claim under a warranty where failure, fault or problem occurs due to:
10.6.1 Failure by the customer or any third party in the operation, inspection, servicing, or care of the products which is not done in accordance with the manufacturer instructions.
10.6.2 Deliberate vandalism or damage.
10.6.3 Any damage which occurs as a result of circumstances which are out of the manufacturers or our control; or
10.6.4 Variations in the flow rate of water going to any of the installed products.
10.6.5 Replacement of bulbs, filaments, batteries, or lamps are excluded from the warranty. Timers, lockout devices, thermostats and other devices connected to the equipment are also excluded from the warranty after the expiry of the individual items warranty period which has been provided by the product manufacturer.
10.7 The Contractor guarantees that all Goods and materials supplied by him, if ordered by description and/or specification, shall correspond to that description.
10.8 The Contractor warrants that (and subject to the other provisions of these conditions) the Goods shall:
10.8.1 Be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
10.8.2 Be reasonably fit for purpose.
10.9 The Contractor shall not be held in breach of this Agreement, and shall not be liable to the Customer for any loss or damage suffered or incurred by the Customer or any other third person as a result of:
10.9.1 Any failure to provide the Services in accordance with this Agreement unless the Customer notifies the Contractor in writing of such a claim (with detailed particulars of the circumstance giving rise thereto) within 12 months of such failure coming to the Customer's notice; or
10.9.2 Any failure to provide the Services in accordance with this Agreement as a result of any act or omission of the Customer, which for the avoidance of doubt, includes any inaccurate or incomplete specifications; or
10.9.3 Any failure to provide the Services in accordance with this Agreement as a result of the Contractor's compliance with any instruction or direction given by the Customer if the Contractor has informed the Customer before it complies therewith that, in its opinion, that instruction or direction will inhibit performance of the Services; or
10.9.4 The absence of any consent required to be obtained by the Customer; or
10.9.5 The incompetence of any consultant, professional adviser, contractors or person other than the Contractor and its sub- contractors employed by the Customer to provide the Services at the Customer's specific request; or
10.9.6 Any defects arising because the Customer failed to follow the Contractor's and / or manufacturer's oral or written instructions; or
10.9.7 The Contractor has informed the Customer of any defects in the Goods or materials required to carry out the Services prior to them being used in the Services.
10.10 The Contractor will use its reasonable endeavours to assign the benefit of any warranty it receives from its supplier to the Customer but subject to clauses 10.1 and 10.2, shall not be liable for any claim or claims for any damages whether direct, indirect, special or consequential or economic damage of loss arising from any breach of this Agreement or any defect in the Goods.
10.11 If the Customer establishes to the Contractor's reasonable satisfaction that, due to the Contractor's own act or omission, the Contractor has failed to perform the Services in accordance with this Agreement, then the Contractor shall at its option remedy such breach:
11. General
11.1 The Contractor reserves the right to defer the commencement date of the Services or to cancel the Agreement or reduce the volume of the Goods or Services ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business and its obligation under the Agreement due to circumstances beyond the reasonable control of the Contractor including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event of force majure continues for a continuous period in excess of 3 months, the Customer shall be entitled to give notice in writing to the Contractor to terminate the agreement.
11.2 The Agreement sets out the entire agreement and understanding between the Customer and the Contractor in connection with the provision of the Services and Goods and shall supersede and replace all documentation previously issued by the Contractor purporting to set out its terms and conditions.
11.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. No other person who is not a party to this Agreement (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties which Agreement must refer to this clause.
11.4 If at any time one or more of the terms of the Agreement (or any sub-clause or paragraph or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the Agreement and the validity/or enforceability of the remaining provision of the Agreement shall not in any way be affected or impaired as a result of that omission.
11.5 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England.
11.6 All disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.
12. Contractor Cancellation Rights
12.1 The contractor may have to cancel a contract due to events outside of our control or the unavailability of stock. If this happens, we will promptly contact you to let you know.
13. Customer Cancellation Rights
13.1 The customer has the right to cancel this contract under the terms of the Consumer Contracts Regulations (2013), from where your rights as a customer, as laid out, are derived. Subject to the remaining paragraphs of this section (SECTIONS 13.4 & 13.5) The customer can cancel the contract with the contractor up to 14 days after goods are delivered to you without giving any reason. This is called your ‘cooling off period’.
13.2 The customer is not entitled to cancel or obtain a refund (i) in respect of goods that have been made to your specification or are clearly personalised or (ii) where urgent repair or maintenance is carried out.
13.3 If the customer cancels the agreement within the cooling off period then, subject to clauses stated in these terms and conditions, we will refund to the customer all payments that we have received from you, other than non- standard delivery charges, within 14 days of receiving the cancellation notice. If the customer has expressly opted to start the work within the cooling off period and then choose to cancel after the installation has started and before the cooling off period ends:
13.3.1 The customer will be under an obligation to pay for the reasonable costs incurred by the contractor in performing those services and we may deduct this from any refund that the customer is owed or, if a refund has already been processed, charge you for such costs; and
13.3.2 The contractor will also be entitled to deduct from the customer refund or charge the customer (if the refund has already been processed) the amount by which the value of any installed goods has been diminished as a result of customer handling beyond what is necessary to establish the goods’ nature, characteristics and functioning, up to 100% of the contract price. Please note that a boiler’s value is likely to be significantly diminished if it has been used.
13.4 If the customer has expressly opted to start the work within the cooling off period the customer will lose the right to cancel within the cooling off period if the service is performed in its entirety.
13.5If the customer cancels this agreement within the cooling off period, the contractor will collect the goods from the customer within 14 days of receiving the cancellation notice (on a date agreed between the contractor and the customer) and the customer agrees to pay the contractor reasonable and direct costs and expenses incurred in their collection (including the cost of uninstalling goods if the customer has asked the contractor to do this).
14. Termination
14.1 Either party may immediately terminate this Agreement without payment of compensation or other damages caused to the other party solely by such termination by giving notice in writing to the other if any one or more of the following events happens:
14.1.2 The other party commits a material breach of any of its obligations under this Agreement which is incapable of remedy;
14.1.3 The other party fails to remedy, where it is capable of remedy, or persists in any breach of any of its obligations under this Agreement after having been required in writing to remedy to desist from such breach within a period of [30] days or;
14.1.4 Any sum payable under this Agreement is not paid within 24 hours of the invoice being sent in accordance with the terms and conditions.
15. Recall process
15.1 In the unlikely event of you requiring a further visit due to prolonged issues, we have a recall process in place. Following notification from yourself we can book the issue in for a recall, meaning that we can come back out to assess. If the fault is ours due to negligence, of course, there would be no charge for the visit. If the fault is not due to negligence, the time and materials would be charged at either the original quoted hourly rate or our standard hourly rate dependent upon the services provided.
15.2 If parts are replaced, we cannot accept liability for further faults except the parts we have replaced, except in the case of negligence. Or damage sustained from faulty parts to the customers property.
Published by Gary Fletcher, 24th May 2024