TERMS AND CONDITIONS OF SALE By signing or accepting the Customer Order Form you will be entering into a legally binding contract with Smart Heating Hub Ltd (SHH) for the supply of the goods and services detailed on that Order Form (the Goods and Services). In all the clause SHH refers to Smart Heating Hub Ltd. Goods and Services are supplied by SHH 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.
1.0 CONFIRMATION OF GOODS AND SERVICES/PRICE AND PAYMENT
1.1 Confirmation of Goods, Services and Price: Occasionally it may be necessary for SHH to carry out a survey of your home after you have signed or accepted the Order Form in order to confirm that it is possible to supply the Goods and Services at your home. If as a result of that survey: (a) it manifest that it would be unsafe or otherwise unadvisable to supply the Goods and Services at your home then SHH may cancel this contract without liability but if it does so, SHH will refund to you any deposit or other amount paid by you in advance; or (b) SHH needs 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 SHH then you may cancel this contract and if you do so, SHH Heating Services will refund to you any deposit or other amount paid by you in advance.
1.2 Specification of Goods and Services: All Goods supplied will correspond with any specification provided by SHH and be of satisfactory quality and fit for purpose. All Services will be performed by SHH using all reasonable skill, care and dedication. SHH may after the date of this contract make reasonable changes to the specification of any Goods or Services where that is required to ensure compliance with any applicable law or code of practice and/or 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.
1.3 Deposit: SHH will not be constrained to deliver any Goods or perform any Services until you have paid any deposit detailed on the Order Form. You must pay any such deposit to SHH at the time of signing the Order Form and if you fail to pay any deposit within 21 days of the date you sign the Order Form then SHH may cancel this contract without liability to you.
1.4 Payment: The amount due will become payable by you immediately upon SHH having delivered the Goods and completed the Services in conformity 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.
1.5 Ownership of Goods: All Goods supplied remain the property of SHH until paid for by you in full although this confinement of ownership will not affect any claim which SHH may have against you for the payment of any overdue amount.
1.6 Late Payments: If you fail to pay any amount owed to SHH under this contract within 24 hours or your cheque is bounced then SHH 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, SHH may charge £125 as late fee and other administration charges.
1.7 VAT: SHH shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT.
2.0 UTILITY SUPPLIES AND GAS SAFETY
2.1 Utility Supplies: You are responsible for ensuring at your own cost that your home has a safe electricity and natural gas supply connection and associated meters prior to SHH commencing work Unless specifically provided for on the Order Form, arranging such supply connections and meters do not form part of the Services which SHH are to perform.
2.2 Gas Safety: As part of its legal duty as a Gas Safe registered engineer SHH is only able to connect appliances such as your new boiler to gas supplies which are safe. On the first day of installing your new boiler SHH 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 as a result of that test then SHH will be required to condemn your gas supply and will not be able to commence work until your gas supply is made safe. Any such work required to make your gas supply safe is not included in the price of this contract although can be undertaken by SHH subject to the payment of an additional amount by you which will be agreed with you in advance. Alternatively, you can arrange for another Gas Safe registered engineer to carry out such works at your cost if you do not want SHH to carry out that work but SHH will not be able to continue with the installation of your new boiler until that work is completed. If you delay or decide not to proceed with the work required to make your gas supply safe then SHH may cancel this contract without liability but if it does so, SHH will refund to you any deposit or other amount paid by you in advance.
3.0 DELIVERY DATES / INSTALLATION DATES
3.1 Delivery Dates: Any dates for delivery/performance of the Goods and Services are estimates and whilst SHH will always try to meet those dates it will not be liable for any minor delays or failures. In particular, SHH will not be liable for any delays caused by circumstances beyond its reasonable control (such as severe weather conditions, staff illness, Van break down or a general market shortage of particular goods or parts, particularly in the case of spare parts for older/obsolete boilers).
3.2 Termination due to Delay: You have the right to terminate this contract without reason and at no cost at any-time before actual delivery of the Goods to your home and during a limited period following delivery – the Notice of Cancellation Rights attached to these terms and conditions sets out full details of these rights and how you can exercise them. In addition, if SHH fail to deliver the Goods and complete the Services by any dates agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under this contract (such as you failing to allow SHH access to your home) and/or due to circumstances beyond SHH’s reasonable control, you may request in writing that SHH complete all deliveries and Services within a further reasonable time-period. If SHH 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 SHH’s breach.
4.0 ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE
4.1 Access to your Home: You must provide SHH with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide SHH with free access to water, electricity and gas for such purposes. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable SHH to deliver the Goods and carry out the Services at your home (such as any listing building consents, if applicable).
4.2 Damage to Goods: Once any Goods have been delivered to your home you will become liable for any loss or damage to those Goods unless such loss or damage was caused by SHH itself or as a result of you carrying out a reasonable and careful inspection of those Goods to confirm that they comply with the requirements of this contract.
4.3 Working Hours: SHH will usually carry out work at your home during its usual working hours on Mondays to Fridays however, occasionally SHH may decide at its own expense to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay and you agree to grant access to your home outside of these days/hours if requested by SHH. If you request that SHH carry out work outside of these days/hours other than in order to allow SHH to remedy any breach of this contract (for example, if you ask SHH to fit your new boiler on a Saturday as that is the most convenient day for you) then there will be no additional charges for working outside of these days/hour subject to access to your property.
4.4 Suspension of Work: If SHH suspend or delay the delivery of any Goods and/or the performance of any Services at your request or as a direct result of any breach by you of your obligations under this contract (for example, if you have failed to arrange a gas and electricity supply to your home before SHH commence work) then in addition to the original price payable by you, SHH reserves the right to charge you a reasonable additional amount to cover any unavoidable costs, expenses and/or losses incurred by SHH as a direct result of its suspension or delay in those circumstances.
4.5 Damage to your Home: Whilst SHH accepts liability for any reasonably foreseeable damage caused to your home as a direct result of its breach of this contract, you accept that some level of minor/cosmetic damage may be caused in order to perform the Services (such as damage to plasterwork, paintwork, decorations, flooring, wall coverings etc.) and that SHH will not be responsible to you for making good such damage. In particular, in no circumstances will SHH be liable to bury any pipework into floors or walls and cuts or holes made by SHH will be made good but not permanently finished or redecorated; floorboards will be reinstated where necessary but special or laminated floors cannot be matched or finished; and any carpets which have been lifted will be re-laid by SHH to the best of its ability but SHH will not be responsible for damage caused to carpets which are glued or nailed down. Unless specifically set out on the Order Form, SHH will not be responsible for boxing in any new or existing pipework. Where SHH is responsible for making good any such loss or damage, SHH cannot guarantee to match any bricks, stonework etc. on a like for like basis.
4.6 Liability for Structural Defects: SHH 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 SHH of this contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to SHH upon a reasonable visual inspection of the area in which the Services are to be performed prior to SHH commencing work (although for the avoidance of doubt, SHH 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, wires or metal frames buried behind the wall.
5.0 DANGEROUS MATERIALS
5.1 Removal of Non-Dangerous Materials: As part of the Services SHH will remove any non-dangerous waste items from your home (such as your old boiler) which will become the property of SHH upon removal. However, the Service does not include the removal by SHH of any dangerous materials from your home (such as asbestos) that it would not be reasonably possible for SHH to have identified when carrying out a reasonable visual inspection of the area of your home where the Services are to be performed prior to you signing the Order Form.
5.2 Removal of Dangerous Materials: If any such dangerous materials are subsequently found at your home then SHH may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and SHH will be entitled to suspend further works until you have done so and provided it with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor.
5.3 Delay in Removing Dangerous Materials: If there is any significant delay in you arranging for the removal of any such dangerous materials from your home or should you refuse to arrange for removal of those dangerous materials then SHH will be entitled to terminate this contract and should it do so, you must pay to SHH a reasonable proportion of the overall price to reflect the Goods and Services which SHH have already provided prior to termination.
6.0 SHH’S RESPONSIBILITIES TO YOU
6.1 SHH’s Responsibility for Death or Personal Injury: SHH accepts full responsibility for any death or personal injury which may be caused: as a result of its negligence; by any breach of its commitment under this contract; and/or as a result of any other act or deletion on the part of SHH and none of the limitations on the liability of SHH set out in this contract will apply to claims for death or personal injury for which SHH is responsible.
6.2 SHH’s other Responsibilities to You: If SHH does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach or the causes which were not reasonably predictable on the date on which you signed the Order Form. Further, SHH does 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 commitment under this contract (for example, if you fail to provide SHH with access to your home to enable it to perform the Services) and/or due to circumstances beyond its reasonable control. In these circumstances you will not be compensated for any time off work, loss of earnings, childcare costs or any other costs.
6.3 Allowing SHH the Opportunity to Put Things Right: If you suffer any loss or damage for which SHH is responsible then you must afford SHH a reasonable opportunity to remedy the problem (for example, by allowing SHH access to your home to repair any damage for which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of SHH’s breach of this contract. SHH will not be responsible for any loss or damage which you fail to afford it 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. You need to provide SHH minimum of 48 hrs to arrange engineer’s visit.
7.0 VARIATIONS TO THESE TERMS AND CONDITIONS AND ASSIGNMENT
7.1 Variations to these Terms and Conditions: Other than in the limited circumstances detailed in these terms and conditions where SHH may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and SHH in writing.
7.2 Assignment: SHH may assign or sub-contract some or all of its rights and obligations under this contract from time to time but any such assignment will only be in circumstances which do not detriment your rights under this contract.
8 WARRANTIES
8.1 Gas Boiler Warranty: All gas boilers supplied by SHH are provided with the benefit of a manufacturer backed parts and labour warranty (excluding timers and controls – see 8.3 below). This means that subject to the following terms and conditions, should a fault develop with your boiler during the warranty period following its installation, the manufacturer of your boiler will repair that fault free of charge.
8.2 Installation Warranty: All parts installed by SHH are covered by a 12month SHH backed installation warranty.
8.3 Timers and Controls: The manufacturer’s warranty period relevant to your timers and controls will be provided post installation.
8.4 Radiators and Towel Rails: Where any radiators or towel rails are supplied the relevant manufacturer’s warranty will be provided post installation.
8.5 Notification of Warranty Claims: You must notify SHH of any warranty claim as soon as reasonably possible after becoming aware of the fault or issue in question, using the contact details set out in the warranty pack provided to you by SHH.
8.6 Warranty Conditional upon Annual Service at Your Cost: In order to benefit from the above boiler warranty, you must arrange for your boiler to undergo an annual safety inspection and service for each year of the applicable warranty period. The cost of this annual inspection and service is not included in the price of this contract and must be paid for by you in addition. SHH can carry out annual inspections and services for you for an additional charge or you can arrange for another supplier (who must be Gas Safe registered) to carry these out for you instead.
8.7 Your Obligation to retain Gas Inspection Records: If you do arrange for another supplier to carry out these inspections and services then you must ensure that your supplier is Gas Safe registered and obtain from that supplier and keep in a safe place documentation to evidence that each annual inspection and service has been carried out. You must produce this documentation if requested to do so by SHH or the manufacturer of your boiler.
8.8 Operation of your Boiler: In order to benefit from the above warranty you must also ensure that you operate your boiler at all times in accordance with the manufacturer’s instructions. Where your boiler is a combination boiler you should be aware that if more than one tap or outlet is used simultaneously water flow rates will be reduced – this is a characteristic of all combination boilers and is not a fault.
8.9 Exclusions from Warranty Claims: Neither SHH nor the manufacturer of your boiler, its timer and controls and/or radiators/towel rails (if applicable) will be liable to you, whether under this contract or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault of problem arises as a result of: (a) any failure by you to comply with your obligations set out above regarding the operation, inspection and servicing of your boiler (or should you be unable to produce evidence that your boiler has undergone an annual service and inspection) and/or you failing to notify SHH of any warranty claim as soon as reasonably possible; (b) any deliberate damage or vandalism; (c) damage caused by circumstances outside of the control of SHH (for example, due to structural problems at your home); (d) any damage caused by any third party carrying out work on your boiler and/or radiators/towel rails (if applicable) other than where such third party was acting at the request of or on the behalf of SHH and/or the manufacturer of your boiler and/or radiators/towel rails (if applicable); and/or (e) any variation in the water flow rate to your home (as such rates can fluctuate dependent on the time of day and the age and condition of the water supply to your home). Further, the replacement of any lamps or bulbs fitted to your boiler are also excused from this warranty as is any replacement or repair of timers and controls after the expiry of the warranty period for those as detailed in paragraph 8.3.
8.10 Exclusion of Your Existing System: The above warranty applies only to your new boiler, its timer and controls and/or radiators/towel rails (if applicable) and does not extend to cover your existing wider central heating and plumbing system (any components not supplied by SHH such as existing radiators, pipe-work, showers, taps etc.) or the drains at your home. Whilst SHH will endeavour to advise you of any potential problems or issues with your existing system which are obvious on a visual inspection of the easily accessible parts of that system prior to commencing work, SHH will not be obliged to carry out a detailed inspection of all parts of that system (for example, of any pipes buried under floorboards, your existing radiators etc.) and all installations are carried out by SHH on the assumption that your existing system is and will be maintained by you in a satisfactory condition. Unless directly caused by a breach by SHH of this contract, SHH will not be responsible for repairing any faults or issues which may develop in future with your existing system and/or drains and/or for any loss or damage which may be caused by your existing system and/or drains.
8.11 Shower Connections: In particular, you should be aware that due to the wide variety of showers installed in UK homes, it is not possible to guarantee that your new boiler will be compatible with your existing shower and whilst SHH will endeavour to assess whether this is a risk prior to installing your new boiler, SHH will not be liable to you if your existing shower is not compatible with your new boiler.
9 TERMINATION OF THIS CONTRACT
9.1 SHH will permit you to cancel the contract by written notice no later than 14 days after the date on which this contract has been signed.
9.2 If you request cancellation at later date, then unless we are in breach of contract, we have the right to refuse…[or] retrain all or part of your deposit as a contribution towards any losses or cost we suffer as result of cancellation.
If you wish to cancel the contract you MUST DO SO IN WRITING or send (proof of post will be required in case of cancelation letter not received by post), you can send electronic mail this to person named below.
Amit Chhabra at sales@smartheatinghub.com