General Terms and Conditions
By using Boiler Engineer 4U LTD you agree to be bound by the following Terms and Conditions of business. We retain the right to revise these Terms and Conditions of business from time to time and you will be subject to the Terms and Conditions in force when you order any product, Services or labour time from us.
In these Conditions:
“You” means the customer for whom we have agreed to provide the Services in accordance with these Terms and Conditions, and “your” shall be interpreted accordingly;
“Materials” means any goods or materials purchased by us from a third party and provided by us
“Services” means the plumbing, electrical, tiling, boiler installation or other services to be provided by us for you set out in the Specification Sheet;
“We” means “Boiler Engineer 4U LTD”a company registered in England and Wales (Company registered number 11293741 ) of 63 Loveridge Road, London, England, NW6 2DR
“Our charges” means our charges for provision of the Services calculated by reference to our hourly rate or agreed fee
The headings in these terms are for convenience only and shall not affect their interpretation.
Please read these Terms and Conditions carefully before you submit your order to us. These tell you who we are, how we will provide Services and products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
1. Supply of Services
1.1 These Terms and Conditions apply to all Services including any Materials supplied by us.
1.2 We may, at any time, vary our charges or any of these Terms and Conditions in relation to future sales, but otherwise you and we must agree in writing any changes or additions to the Services or these terms affecting our contract.
1.3 We reserve the exclusive right to refuse or decline work at our discretion, or we can terminate work already started if a disagreement occurs between us and you.
1.4 You agree to supply us with all necessary access and information within sufficient time to enable us to provide the Services in accordance with our contract. It is your responsibility to ensure the accuracy of all such information and we cannot be held responsible for any omission or false information provided to us by you.
1.5 Upon receipt of the required information we will provide you with agreed Services and deliverables in accordance with and complying to what has been requested, ordered and paid for following a quote or invoice.
1.6 We will always endeavour to attend site visits on time but we are not responsible for any delays or missed appointments beyond our control due to unforeseen circumstances such as traffic, delays on other jobs or anything outside of our reasonable control.
1.7 We may, at any time, without notifying you, make any changes to the material which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
1.8 We shall not be liable for any delay in work or for the consequences of any delay in performing any of our obligations if the delay is caused by reasons, whatsoever, beyond our reasonable control and we shall be entitled to a fair extension of the time for performing and completion of such obligations.
1.9 If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
2. Charges and fees
2.1 Subject to any special terms agreed between you and us, you must pay our charges plus any VAT and any additional sums (such as the cost of Materials) including any additional sums which, in our reasonable opinion, are required as a result of your instructions or lack of instructions, the inaccuracy of any information, failure to provide access or any other cause attributable to you.
2.2 All charges quoted to you for the provision of the Services are exclusive of the cost of products and Materials and their delivery if applicable which you must pay in addition.
2.3 We may invoice you at any time after we have started to provide the Services to you.
2.4 Invoices for every project are due for payment immediately upon delivery to you.
2.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
2.6 If we have agreed, in writing, that we owe to you a specific monetary sum, then you may off set this sum against any monies due to us under the terms of the contract but otherwise you must pay the sums due to us under the contract without off set or deduction.
2.7 We shall not be under any obligation to provide an estimate to you and shall only be bound (subject as hereinafter) by estimates given in writing to you and signed by a duly authorised representative of us. We shall not be bound by any estimates given orally or in which manifest errors occur.
2.8 Fixed price work shall be given as a firm cost, (manifest errors exempted) including labour, and Materials. All the costs charged to you are inclusive of the VAT at the prevailing rate.
2.9 Where a written estimate has been supplied to you, the total charge to you referred to in the estimate can be revised in the following circumstances:
(i) if after submission of the estimate you instruct us (whether orally or in writing) to carry out additional works not referred to in the estimate;
(ii) if there is an increase in the price of the Materials; and
(iii) If after submission of the estimate it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
2.10 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
2.11 If the rate of VAT changes between your order date and the date we supply the Services and provide Materials, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
2.12 As far as reasonably possible you will also ensure that the site is free from any unforeseen health and safety concerns and that the appropriate action is taken to minimise the risk to our employees. This may include, for example, but is not limited to, broken glass, sharp objects (including needles or syringes), animals including any animal likely to bite or cause harm to our employees. If our employees are forced to abort the work due to intimidation of any kind including, but not limited to, verbal or physical threat by you or any other third party who may be present on site then abortive fees of 100% of the agreed Services shall become payable.
3. Warranties, Liability and Guarantee
3.1 We warrant to you that the Services shall be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification Sheet.
3.2 Our entire liability to you is limited to the extent that it is covered by any insurance policy taken out by us and operative at the time the liability accrues. Details of our present insurance cover are available upon request. If you ask us, at your expense, to purchase additional insurance cover, we will take reasonable steps to do this.
3.3 When, in connection with the provision of the Services, we supply any Materials, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise but we will, where possible, transfer to you the benefit of any warrant, guarantee or indemnity given by the person or company supplying those Materials to us. You own a product which is goods once we have received payment in full. The guarantee under this clause is not enforceable until we have received payment for the goods in full.
3.4 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any instructions or information supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or from your failure to provide us with access or any other fault of yours.
3.5 We shall not be responsible for any damage caused to fittings, pipes or components once these have been properly installed by us.
3.6 We shall not be responsible for any damaged or faulty parts on existing plumbing, heating or gas systems other than the one where the work has been carried out.
3.7 We shall not be responsible for any leaks on the existing heating or gas system after the installation of a combi boiler onto an existing gravity fed system has been carried out; nor will we be responsible for any leaks on a heating system where a power flush has been carried out.
3.8 We will not be responsible for any radiators that are not working on the existing system due to the poor design or incorrect installation of pipe work and fittings after the installation of a new boiler on the existing system.
3.9 We will always perform a tightness test on all gas systems prior to the installation or disconnection of gas appliances. If a gas leak or unsafe situation is present then you will be informed and any work that needs to be done to reach the correct and safe standards will be subject to an additional charge. Where necessary the system will also be disconnected.
3.10 We cannot be held responsible for issues that occur due to an existing system, or a system that is not designed and installed by us.
3.11We cannot be held liable for any damage caused by faulty fittings, pipes or components after installation and testing.
3.12 We cannot be held responsible for any faults that occur due to a change in the design of the system that was not created by us or if any advice provided by us was ignored.
3.13 All installations by us are tested with accordance to British Standards or the relevant manufacturers specifications, the results of which will be sent to the client or any responsible body upon completion as a photograph. Once tested, we cannot be held liable for any damage or fault caused by the system or any malfunctioning parts or fittings.
3.14 We shall not be liable to you for any loss of profit or any indirect, special or consequential loss which arises out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use to you.
3.15 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Services if the delay or failure was due to any cause beyond our reasonable control.
3.16 Any claim by you in respect of an alleged defect in the performance of the Services must be notified to us in writing within seven (7) days from the date the defect became apparent, otherwise we shall have no liability to you in respect of the matter complained of.
3.17 It is your responsibility to provide us with access to enable us to provide the Services. Accordingly, if you request us to take up fitted carpets or floorboards or to move furniture, ornaments or other items to gain access for provision of the Services, we shall only do so on your behalf and entirely at your own risk. We will use our reasonable endeavours to put back any items moved in the place and condition that we found them, but we shall have no liability to you for any losses, costs or expenses arising from any damage to such items or our inability to restore any items moved in the place and condition that we found them.
3.18 We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
3.19 We will not guarantee any extreme work in respect of blockages in waste & drainage systems of the site.
3.20 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.21 You will be responsible to us for any loss, damage or injury whether direct or indirect or consequential, resulting from failure or delay in the performance of your obligations under these terms.
3.22 You will be responsible for providing all necessary power and a clean water supply for our use in the execution of the Services.
3.23 You will be responsible for safety of both plant and machinery belonging to or hired in by us and to indemnify us against its loss, theft or damage.
3.24 We are under a legal duty to supply Services and products that are in conformity with these Terms and Conditions. See the box below for a summary of your key legal rights in relation to the product and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is Services, for example the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
3.25 You have 14 days after the day we contact you to confirm we accept your order to change your mind and to terminate the contract. However, once we have completed the Services you cannot change your mind, even if the 14 day period is still running.
3.26 Subject to the exceptions in this clause 3, we will guarantee labour only in respect of faulty workmanship for 12 months from the date of completion of the Services.
The guarantee will become null and void if the Services carried out are:
(a) Subject to misuse or negligence
(b) Repaired, modified or tampered with by anyone other than a Contractor employee.
We will accept no liability for, or guarantee, suitability of Materials supplied by you and will accept no liability for any consequential damage or fault.
3.27 We will not guarantee any work in respect of powerflushes, blockages in waste and drainage systems, replacement tap washers or any other small fix which could be considered to be of a temporary nature.
3.28 We will not guarantee any Services undertaken on instruction from you which were carried out against our written or verbal advice.
3.29 The Services are only guaranteed only in respect of work directly undertaken by us where payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed
3.30 Where we agree to carry out works on installations of an inferior quality or over 10 years old at that date, no guarantee is given in respect of such works and we accept no liability in respect of the effectiveness of such works or otherwise.
3.31 We will not guarantee any recall arising from circumstances or factors known to you but not notified or disclosed to us prior to the Services being undertaken.
3.32 When we carry out work to change a system from low pressure to high pressure, you accept that there is a remote chance that your original pipe work may suffer leaks as a result of the change in pressure. Also, there may be an effect on the ballvalve of the w.c, the cartridges of some showers and taps which you may need to be upgraded to cope with the pressure changes. We will repair any such leaks and/or install new ballvalves or cartridges at an extra charge to be agreed if and when necessary.
3.33 When a powerflush is carried out, you accept and agree that there is a remote chance that your original pipework and/or fittings may suffer leaks as a result of the cleansing process. We will repair any such leaks at an extra charge to you if and when they occur.
4.1 You may not cancel the contract without our consent which, if given, shall be deemed to be on the express condition that you shall indemnify us against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
4.2 We may end the contract if you break it. We may end the contract for a product or Services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products and Services;
(c) you do not, within a reasonable time, allow us access to the site to supply the Services; or
(d)any other circumstance we reasonably believe is acceptable.
5. Removal of Waste Materials
5.1 Unless agreed in writing between the parties, you will be responsible for the removal from site all waste materials resulting from the Services undertaken by us.
6. Data Protection
6.1 Each party will ensure that it will, at all times during the service, comply with all the provisions and obligations imposed upon it by data protection legislation in England and Wales.
6.2 We will ensure that all personal data is processed only in accordance with your instructions. Any personal data that we receive from you will only be used for the purposes detailed in the schedule of work and/or Government regulations and laws.
6.3 We will use the personal information you provide to us:
(a) to supply the Services and any products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
6.4 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
6.5 We will only give your personal information to third parties where the law either requires or allows us to do so.
7.1 Neither party, nor its personnel or advisers, will use nor disclose to any third party (other than for the purposes of performing their part of the contract) any confidential information including the content of any contract, schedule of works or personal data. The parties agree that any confidential information obtained from, or relating to, the disclosing party will remain the property of the disclosing party.
8.1 We aim to provide a high level of customer care at all times. In the unlikely event of any complaints, we and you agree that we will each work together in good faith to resolve any disputes.
8.2 We will seek to resolve any initial complaint by telephone, email or in person as quickly as possible.
9. Cancellation and/or Termination
9.1 You may terminate the contract at any time by giving not less than one weeks ‘written notice to us. If you cancel any Services which have already been started then 100% of the total charges for that work will become payable in accordance with our standard payment terms. In addition, any expenses and/or third-party costs that are payable will become due for payment immediately.
9.2 If you request that part of the Services be postponed to a date commencing more than one month after the initial start date for the provision of the Services, or on an indefinite basis, then this will be treated as a cancellation and the provisions of clause 10.1 shall apply.
9.3 For the avoidance of any doubt, the above cancellation fees are an agreed figure and a genuine pre-estimate of the losses that will arise out of any cancellation of the Services where we would have been working on another project.
9.4 We may (without limiting any other remedy) at any time terminate the project by giving a written notice of termination to you if you commit any breach of these Terms and Conditions and fail to remedy the breach after being required to do so, or if you go into liquidation, become bankrupt, make a voluntary arrangement with your creditors or have a receiver or administrator appointed.
10.1 Our Terms and Conditions of business will change from time to time but will always appear on our website.
10.2 In using our Services you agree to be bound by these Terms and Conditions.
10.3 In using us, you accept that communication with us will be mainly verbal (whether face to face or over the telephone) and/or electronic. Where possible we will communicate via email to save the environment and reduce our carbon footprint. You agree to this and acknowledge that all
communications comply with any legal requirement. This condition does not affect your statutory rights.
11. Force Majeure
11.1 We will use all reasonable endeavours to carry out the Services on the agreed dates but shall not be under any liability to you if it should be either impossible or impracticable to carry out the
Services on the agreed date or dates, or at all by reason of strike, lock out industrial dispute, act of god or any other event or occurrence beyond our reasonable control.