TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of
heating and plumbing services by Anderson Heating Services (“the Trader”) to
customers who require heating and plumbing services to be provided at their home or
otherwise.
These Terms and Conditions apply where the customer is a “Consumer” as defined by
the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Agreed Times”
means the times which You and We agree for the Plumber and Heating engineer to have
access to the Property to complete the Job;
“Agreement”
means the contract into which You and We will enter if You accept the Quotation. The
Agreement will incorporate, and be subject to, these Terms and Conditions;
“Business”
means any business, trade, craft or profession carried on by You or any other
person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to
these Terms and Conditions means an individual customer of the Trader who receives
Heating and Plumbing Services for their personal use and for purposes wholly or mainly
outside the purposes of any Business;
“Deposit”
means the deposit You will be required to pay in accordance with Clause 5;
“Final Fee”
means the total of all sums You must pay which will be shown on the invoice issued in
accordance with Clause 6 of these Terms and Conditions.
“Job”
means the complete performance of the Heating and Plumbing Services;
“Model Cancellation Form”
means the model cancellation form attached as Schedule 2;
“Order”
means Your initial request for Us to provide the Heating and Plumbing Services as set
out in Clause 4;
“Plumber”
means Us or Our employee who will be responsible for providing the Heating and
Plumbing Services;
“Heating and Plumbing Services”
means the heating and plumbing services We will provide as specified in the
Agreement;
“Products”
means the products required for the provision of the Heating and Plumbing Services
which We will supply (if any) as specified in the Agreement;
“Property”
means Your home, as detailed in the Order and the Agreement, at which the Job is to
take place;
“Quotation”
means the quotation We give to You in accordance with Clause 4 detailing the services
We will provide to You and the fees We will charge;
“Quoted Fee”
means the fee set out in the Quotation which may change according to the actual work
undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date”
means the date You and We agree on for Us to start providing the Heating and Plumbing
Services as specified in the Agreement;
“Visit”
means any occasion, scheduled or otherwise, on which the Heating and Plumbing
Engineer visits the Property to provide the Heating and Plumbing Services;
“We/Us/Our”
means the Trader and includes all employees, agents and sub-contractors of the Trader;
“You/Your”
means a Consumer who is a customer of the Trader.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar
expression, includes electronic communications whether sent by e-mail,
text message, fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that
statute or provision as amended or re-enacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms
and Conditions.
1.5 Each reference to a Schedule is a reference to a schedule these Terms and
Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only
and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include the other gender.
1.9 References to persons, unless the context otherwise requires, include
corporations.
Information about Us
2.1 We are a Sole Trader.
2.2 We trade under the name Anderson Heating Services.
2.3 We are registered in the United Kingdom under number Anderson Heating
Services.
2.4 We are not currently VAT registered.
We are registered with Gas Safe registration number 629179.
Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by
telephone at 07878249260 or by email at [email protected].
3.2 In certain circumstances You must contact Us in writing (as stated in various
Clauses throughout these Terms and Conditions). When contacting Us in writing You
may use the following methods:
3.2.1 contact Us by email at [email protected]; or
3.2.2 contact Us by pre-paid post at Anderson Heating Services, 54 Streamside,
Mangotsfield, Bristol, BS16 9EA.
Orders
4.1 We accept orders for Heating and Plumbing Services through telephone, e-mail
and in writing.
4.2 When placing an Order, where relevant, You will allow a survey to place giving
full access to the areas required for completing an accurate quote. You should be
specific with regards to the Heating and Plumbing Services required. You will inform
the surveyor with regards to any issues you currently have which may affect the quote.
All such details are set out in the Agreement.
4.3 Once a survey is completed, We will prepare a Quotation and send it to You
either by email or first class post. The Quotation will set out the required Deposit and
fee (see Clauses 5 and 6).
4.4 You may make changes to the Order and Quotation before accepting it. You
may accept the Quotation by telephone, email or first class post.
4.5 In the case of a breakdown call out, You will be responsible for settling the cost
for the call out, prior to any further work taking place. You will be then receive a written
quote as per points 4.3 and 4.4.
Deposit
5.1 At the time of accepting the Quotation We will send you an invoice for the
agreed deposit amount. The Deposit will be 50% of the Quoted Fee unless clearly stated
otherwise.
5.2 The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.
5.3 Deposit invoice is not subject to clause 6.7 however We will not accept an
order/booking until deposit is paid in full.
Fees and Payment
6.1 The Quoted Fee will include the price payable for the Heating and Plumbing
Services and for the estimated Products required.
6.2 We will where reasonably possible use only the Products (and quantities of
Products) set out in the Quotation and the Agreement; however if additional Products
are required, with prior agreement with You, We may adjust the Final Fee to reflect
this. We will keep any increases to a necessary minimum.
6.3 If the price of Products or services increases during the period between Your
acceptance of the Quotation and the Start Date, We will inform You of the increase and
of any difference in the Final Fee.
6.4 We will invoice You when the Job has been completed.
6.5 You must pay any invoice on the day of receiving it unless agreed otherwise.
6.6 We accept the following methods of payment:
6.6.1 Bank Transfer;
6.6.2 Cash;
6.6.3 Card payment in person;
6.7 If You do not pay an invoice within stated payment period, We may charge You
interest on the overdue sum at the rate of 2% above the base rate of Bank of England,
from time to time until payment in full is made. Interest will accrue on a daily basis from
the due date until the actual date of payment, whether before or after judgment.
6.8 If You have promptly contacted Us to dispute an invoice in good faith, We will
not charge interest while such a dispute is ongoing.
Heating and Plumbing Services
7.1 We will provide the Heating and Plumbing Services in accordance with the
specification set out in the accepted Quotation and in the Agreement (as may be
amended by agreement between You and Us from time to time).
7.2 We may provide sketches, plans, diagrams or similar documents in advance of
the Job. Any such material is intended for illustrative purposes only and is not intended
to provide an exact specification of the Job nor to guarantee specific results.
7.3 We will use reasonable endeavours to ensure that the Products We use match
those chosen by You and are consistent throughout the Property (or relevant parts of
the Property). However, We cannot guarantee the quality or consistency of the
Products.
7.4 We will ensure that the Heating and Plumbing Services are performed with
reasonable care and skill and to a reasonable standard which is consistent with best
trade practice.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 You will be required to organise the disposal of any waste that is accumulated
as a result from completing the work at your property. If you require us to organise the
disposal of waste then this will form part of the quotation.
7.7 Where a Job is to last for more than one working day, the Heating and
Plumbing engineer will, where reasonably possible leave the Property in a clean and
tidy state and minimise any disruption to Your use and enjoyment of the Property while
work is being carried out. We will wherever possible store all tools and materials only
in areas where work is being carried out or remove them from the Property at the end
of each working day.
Guarantee
8.1 Any products supplied as part of our service will be subject to the
manufacturers warranty period in relation to the part only.
8.2 If the product is not supplied by Us it will not be covered under any guarantee
in relation to workmanship and We will not replace the part. All fees will be
chargeable.
8.3 If any defect in the product of the Plumbing Services appears during the
guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge
within a 6 month period.
Your Obligations
9.1 If any consents, licences or other permissions are needed from any third
parties such as landlords, planning authorities, local authorities or similar, You must
obtain them before we begin to provide the Heating and Plumbing Services.
9.2 You will ensure that the Heating and Plumbing Engineer can access the
Property at the Agreed Times to provide the Heating and Plumbing Services. Any delay
in doing so will be chargeable.
9.3 You may either give the Heating and Plumbing Engineer a set of keys to the
Property or be present at the Agreed Times to give the Engineer access. We promise
that all keys will be kept safely and securely by the Engineer.
9.4 You must ensure that the Heating and Plumbing Engineer has access to
electrical outlets and if necessary cold water and welfare services.
9.5 You must give Us at least 24 hrs notice, if You do not require the Plumber to
provide the Heating and Plumbing Services on a particular day or at a particular
time. We will not invoice for cancelled Visits provided such notice is given. If less than
24 hrs notice is given We will invoice You at the normal rate.
Complaints and Feedback
10.1 We always welcome feedback from Our customers and, while We always use all
reasonable endeavours to ensure that Your experience as a customer of Ours is a
positive one, We nevertheless want to hear from You if You have any cause for
complaint.
10.2 If You wish to complain about any aspect of Your dealings with Us, please
contact Us in one of the following ways:
10.2.1 By email, [email protected]
10.2.2 By contacting Us by telephone on 07878249260
Changing the Start Date
11.1 If You ask Us to change the Start Date:
11.1.1 We will where reasonably possible agree a revised Start Date with You;
11.1.2 If it is not possible to agree a revised Start Date either You or We may terminate
the Agreement (see Clause 14).
11.2 If We ask You to change the Start Date, You may either:
11.2.1 agree a revised Start Date with Us; or
11.2.2 terminate the Agreement (see Clause 14).
Cancellation of Contract During the Cooling Off Period
12.1 Where the Agreement is not made “on Our premises”, You have a statutory
right to a “cooling off” period. This period begins once the contract between You and Us
is formed and ends at the end of 14 calendar days after that date.
12.2 If You wish to cancel the Agreement within the cooling off period You should
inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the
postal address, fax number or email address specified in these Terms and Conditions).
You may use the Model Cancellation Form, but You do not have to.
12.3 To meet the cancellation deadline, it is sufficient for You to send Your
communication concerning the exercise of the right to cancel before the cancellation
period has expired.
12.4 If You exercise the right to cancel You will receive a full refund of any amount
paid to the Us in respect of the contract.
12.5 We will refund money using the same method used to make the payment,
unless You have expressly agreed otherwise. In any case, You will not incur any fees as a
result of the refund.
12.6 We will process the refund due to You as a result of a cancellation without
undue delay and, in any case, within the period of 14 days after the day on which We are
informed of the cancellation.
12.7 If the Start Date falls within the cooling off period You must make an express
request for provision of the Heating and Plumbing Services to begin within the 14
calendar day cooling off period. By making such a request You acknowledge and agree
to the following:
12.7.1 If the Job is completed within the 14 calendar day cooling off period, You will
lose the right to cancel once the Job is completed;
12.7.2 If You cancel the Agreement after provision of the Heating and Plumbing
Services has begun You will be required to pay for the Heating and Plumbing Services
supplied up until the point at which You inform Us of Your wish to cancel;
12.7.3 The amount due will be calculated in proportion to the full price of the Heating
and Plumbing Services and the actual Heating and Plumbing Services already
provided. Any sums that have already been paid for the Heating and Plumbing Services
will be refunded subject to deductions calculated on this basis;
12.7.4 We will process any refund within 14 days and in any event no later than 14
calendar days after You inform Us of Your wish to cancel.
12.8 Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar
day cooling off period has elapsed.
Cancellation Before the Start Date
13.1 In addition to Your rights in Clause 12 relating to the cooling off period, You
may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as
follows:
13.1.1 If You cancel the Job more than 28 days before the Start Date We will refund the
Deposit and any other sums paid as soon as is reasonably possible, and in any event
within 14 calendar days of cancellation.
13.1.2 If You cancel the Job less than 28 days before the Start Date We will retain from
the Deposit a sum to cover any net financial loss that We suffer due to the cancellation.
We will refund the balance of the Deposit to You as soon as is reasonably possible, and
in any event within 14 calendar days of cancellation. If Our net financial loss is more
than the amount of the Deposit, We will invoice You for the shortfall and You will be
required to make payment in accordance with Clause 6.
13.2 We may need to terminate the Agreement before the Start Date due to the
unavailability of required personnel or materials, or due to the occurrence of an event
outside of Our reasonable control. If such cancellation is necessary, We will inform You
as soon as is reasonably possible. We will refund the Deposit and any other sums paid
as soon as is reasonably possible, and in any event within 14 calendar days of
termination.
Termination
14.1 You may terminate the Agreement with immediate effect by giving Us written
notice if:
14.1.1 We have breached the Agreement in any material way and have failed to remedy
that breach within 14 days of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over
Our assets;
14.1.3 You and We have been unable to agree a revised Start Date under Clause 11.1 or
You elect to terminate the Agreement under Clause 11.2;
14.1.4 We are unable to provide the Heating and Plumbing Services due to an event
outside of Our control (see Clause 16).
14.2 We may terminate the Agreement with immediate effect by giving You written
notice if:
14.2.1 You fail to make a payment on time as required under Clause 6 (this does not
affect Our right to charge interest on overdue sums under sub-Clause 6.8);
14.2.2 You have breached the Agreement in any material way and have failed to
remedy that breach within 14 days of Us asking You in writing to do so; or
14.2.3 You and We have been unable to agree a revised Start Date under Clause 11.1;
14.2.4 We have been unable to provide the Heating and Plumbing Services for more
than 4 weeks due to an event outside of Our control (see Clause 16).
14.3 For the purposes of this Clause 14 a breach of the Agreement will be considered
‘material’ if it is not minimal or trivial in its consequences to the terminating party. In
deciding whether or not a breach is material no regard will be had to whether it was
caused by any accident, mishap, mistake or misunderstanding.
14.4 If at the termination date:
14.4.1 You have made any payment to Us for any Heating and Plumbing Services We
have not yet provided, these sums will be refunded to You as soon as is reasonably
possible, and in any event within 14 calendar days of the termination notice;
14.4.2 We have provided Heating and Plumbing Services that You have not yet paid for,
the sums due will be deducted from any refund due to You or, if no refund is due, We
will invoice You for those sums and You will be required to make payment in
accordance with Clause 6.
Effects of Termination
15.1 If the Agreement is terminated for any reason:
15.1.1 Any Clauses which, either expressly or by their nature, relate to the period after
the expiry or termination of the Agreement will remain in full force and effect.
15.1.2 Termination will not remove or reduce any right to damages or other remedy
which either You or We may have in respect of any breach of the Agreement which exist
at or before the date of termination.
Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations
under these Terms and Conditions where the failure or delay results from any cause
that is beyond Our reasonable control. Such causes include, but are not limited to:
power failure, internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood, storms,
earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared,
undeclared, threatened, actual or preparations for war), epidemic or other natural
disaster, or any other event that is beyond Our reasonable control .
16.2 If any event described under this Clause 16 occurs that is likely to adversely
affect Our performance of any of Our obligations under these Terms and Conditions:
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Agreement will be suspended and any time limits that
We are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide
details of any new dates, times or availability of Heating and Plumbing Services as
necessary;
16.2.4 You or We may terminate the Agreement (see Clause 14).
Liability
17.1 We will be responsible for any foreseeable loss or damage that You may suffer
as a result of Our breach of these Terms and Conditions or as a result of Our negligence.
Loss or damage is foreseeable if it is an obvious consequence of the breach or
negligence or if it is contemplated by You and Us when the Agreement is entered
into. We will not be responsible for any loss or damage that is not foreseeable.
17.2 We will maintain suitable and valid insurance including public liability
insurance.
17.3 We will not be liable to You for any loss of profit, loss of business, interruption
to business or for any loss of business opportunity.
17.4 If We cause any damage to the Property, We will make good that damage at no
additional cost to You.
17.5 We are not responsible for any pre-existing faults or damage in or to Your
property that We may discover while providing the Heating and Plumbing Services. This
is particularly important with system upgrades from low to high pressures where
existing workmanship and components are in question.
17.6 Our total liability for any loss or damage caused as a result of our negligence or
breach of these Terms and Conditions or the Agreement (or that of the Engineer) is
limited to £5 million.
17.7 We are not liable for any loss or damage You suffer which results from Your
failure to follow any reasonable instructions given by Us or the Engineer.
17.8 Nothing in these Terms and Conditions is intended to or will limit or exclude
Our liability for death or personal injury caused by Our negligence or for fraud or
fraudulent misrepresentation.
17.9 Nothing in these Terms and Conditions is intended to or will limit Your legal
rights as a Consumer under any consumer protection legislation. For more details of
Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards
Office.
How We Use Your Personal Data (Data Protection)
18.1 All personal information that We may use will be collected, processed, and held
in accordance with the provisions of EU Regulation 2016/679 General Data Protection
Regulation (“GDPR”) and Your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of
personal data including, but not limited to, the purpose(s) for which personal data is
used, the legal basis or bases for using it, details of Your rights and how to exercise
them, and personal data sharing (where applicable), please refer to Our Privacy Notice
available from www.andersonheatingservices.co.uk.
Other Important Terms
19.1 We may from time to time change these Terms and Conditions without giving
You notice, but We will use Our reasonable endeavours to inform You as soon as is
reasonably possible of any such changes.
19.2 We may transfer (assign) Our obligations and rights under the Agreement to a
third party (this may happen, for example, if We sell Our business). If this occurs We
will inform You in writing. Your rights under the Agreement will not be affected and
Our obligations under the Agreement will be transferred to the third party who will
remain bound by them.
19.3 You may not transfer (assign) Your obligations and rights under the Agreement
without Our express written permission (such permission not to be unreasonably
withheld).
19.4 The Agreement is between You and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled to enforce
any provision of the Agreement.
19.5 If any provision of the Agreement or these Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in part the validity of
the other provisions of the Agreement or these Terms and Conditions and the
remainder of the provision in question will not be affected.
19.6 No failure or delay by Us or You in exercising any rights under the Agreement
means that We or You have waived that right, and no waiver by Us or You of a breach of
any provision of the Agreement means that We or You will waive any subsequent
breach of the same or any other provision.
Law and Jurisdiction
1. These Terms and Conditions, the Contract, and the relationship between you and
Us (whether contractual or otherwise) shall be governed by, and construed in
accordance with the law of England & Wales.
2. As a consumer, you will benefit from any mandatory provisions of the law in
your country of residence. Nothing in Sub-Clause 20.1 above takes away or
reduces your rights as a consumer to rely on those provisions.
3. Any dispute, controversy, proceedings or claim between you and Us relating to
these Terms and Conditions, the Contract, or the relationship between you and
Us (whether contractual or otherwise) shall be subject to the jurisdiction of the
courts of England, Wales, Scotland, or Northern Ireland, as determined by your
residency.
BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of
heating and plumbing services by Anderson Heating Services (“the Trader”) to
customers who require heating and plumbing services to be provided at their home or
otherwise.
These Terms and Conditions apply where the customer is a “Consumer” as defined by
the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Agreed Times”
means the times which You and We agree for the Plumber and Heating engineer to have
access to the Property to complete the Job;
“Agreement”
means the contract into which You and We will enter if You accept the Quotation. The
Agreement will incorporate, and be subject to, these Terms and Conditions;
“Business”
means any business, trade, craft or profession carried on by You or any other
person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to
these Terms and Conditions means an individual customer of the Trader who receives
Heating and Plumbing Services for their personal use and for purposes wholly or mainly
outside the purposes of any Business;
“Deposit”
means the deposit You will be required to pay in accordance with Clause 5;
“Final Fee”
means the total of all sums You must pay which will be shown on the invoice issued in
accordance with Clause 6 of these Terms and Conditions.
“Job”
means the complete performance of the Heating and Plumbing Services;
“Model Cancellation Form”
means the model cancellation form attached as Schedule 2;
“Order”
means Your initial request for Us to provide the Heating and Plumbing Services as set
out in Clause 4;
“Plumber”
means Us or Our employee who will be responsible for providing the Heating and
Plumbing Services;
“Heating and Plumbing Services”
means the heating and plumbing services We will provide as specified in the
Agreement;
“Products”
means the products required for the provision of the Heating and Plumbing Services
which We will supply (if any) as specified in the Agreement;
“Property”
means Your home, as detailed in the Order and the Agreement, at which the Job is to
take place;
“Quotation”
means the quotation We give to You in accordance with Clause 4 detailing the services
We will provide to You and the fees We will charge;
“Quoted Fee”
means the fee set out in the Quotation which may change according to the actual work
undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date”
means the date You and We agree on for Us to start providing the Heating and Plumbing
Services as specified in the Agreement;
“Visit”
means any occasion, scheduled or otherwise, on which the Heating and Plumbing
Engineer visits the Property to provide the Heating and Plumbing Services;
“We/Us/Our”
means the Trader and includes all employees, agents and sub-contractors of the Trader;
“You/Your”
means a Consumer who is a customer of the Trader.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar
expression, includes electronic communications whether sent by e-mail,
text message, fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that
statute or provision as amended or re-enacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms
and Conditions.
1.5 Each reference to a Schedule is a reference to a schedule these Terms and
Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only
and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include the other gender.
1.9 References to persons, unless the context otherwise requires, include
corporations.
Information about Us
2.1 We are a Sole Trader.
2.2 We trade under the name Anderson Heating Services.
2.3 We are registered in the United Kingdom under number Anderson Heating
Services.
2.4 We are not currently VAT registered.
We are registered with Gas Safe registration number 629179.
Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by
telephone at 07878249260 or by email at [email protected].
3.2 In certain circumstances You must contact Us in writing (as stated in various
Clauses throughout these Terms and Conditions). When contacting Us in writing You
may use the following methods:
3.2.1 contact Us by email at [email protected]; or
3.2.2 contact Us by pre-paid post at Anderson Heating Services, 54 Streamside,
Mangotsfield, Bristol, BS16 9EA.
Orders
4.1 We accept orders for Heating and Plumbing Services through telephone, e-mail
and in writing.
4.2 When placing an Order, where relevant, You will allow a survey to place giving
full access to the areas required for completing an accurate quote. You should be
specific with regards to the Heating and Plumbing Services required. You will inform
the surveyor with regards to any issues you currently have which may affect the quote.
All such details are set out in the Agreement.
4.3 Once a survey is completed, We will prepare a Quotation and send it to You
either by email or first class post. The Quotation will set out the required Deposit and
fee (see Clauses 5 and 6).
4.4 You may make changes to the Order and Quotation before accepting it. You
may accept the Quotation by telephone, email or first class post.
4.5 In the case of a breakdown call out, You will be responsible for settling the cost
for the call out, prior to any further work taking place. You will be then receive a written
quote as per points 4.3 and 4.4.
Deposit
5.1 At the time of accepting the Quotation We will send you an invoice for the
agreed deposit amount. The Deposit will be 50% of the Quoted Fee unless clearly stated
otherwise.
5.2 The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.
5.3 Deposit invoice is not subject to clause 6.7 however We will not accept an
order/booking until deposit is paid in full.
Fees and Payment
6.1 The Quoted Fee will include the price payable for the Heating and Plumbing
Services and for the estimated Products required.
6.2 We will where reasonably possible use only the Products (and quantities of
Products) set out in the Quotation and the Agreement; however if additional Products
are required, with prior agreement with You, We may adjust the Final Fee to reflect
this. We will keep any increases to a necessary minimum.
6.3 If the price of Products or services increases during the period between Your
acceptance of the Quotation and the Start Date, We will inform You of the increase and
of any difference in the Final Fee.
6.4 We will invoice You when the Job has been completed.
6.5 You must pay any invoice on the day of receiving it unless agreed otherwise.
6.6 We accept the following methods of payment:
6.6.1 Bank Transfer;
6.6.2 Cash;
6.6.3 Card payment in person;
6.7 If You do not pay an invoice within stated payment period, We may charge You
interest on the overdue sum at the rate of 2% above the base rate of Bank of England,
from time to time until payment in full is made. Interest will accrue on a daily basis from
the due date until the actual date of payment, whether before or after judgment.
6.8 If You have promptly contacted Us to dispute an invoice in good faith, We will
not charge interest while such a dispute is ongoing.
Heating and Plumbing Services
7.1 We will provide the Heating and Plumbing Services in accordance with the
specification set out in the accepted Quotation and in the Agreement (as may be
amended by agreement between You and Us from time to time).
7.2 We may provide sketches, plans, diagrams or similar documents in advance of
the Job. Any such material is intended for illustrative purposes only and is not intended
to provide an exact specification of the Job nor to guarantee specific results.
7.3 We will use reasonable endeavours to ensure that the Products We use match
those chosen by You and are consistent throughout the Property (or relevant parts of
the Property). However, We cannot guarantee the quality or consistency of the
Products.
7.4 We will ensure that the Heating and Plumbing Services are performed with
reasonable care and skill and to a reasonable standard which is consistent with best
trade practice.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 You will be required to organise the disposal of any waste that is accumulated
as a result from completing the work at your property. If you require us to organise the
disposal of waste then this will form part of the quotation.
7.7 Where a Job is to last for more than one working day, the Heating and
Plumbing engineer will, where reasonably possible leave the Property in a clean and
tidy state and minimise any disruption to Your use and enjoyment of the Property while
work is being carried out. We will wherever possible store all tools and materials only
in areas where work is being carried out or remove them from the Property at the end
of each working day.
Guarantee
8.1 Any products supplied as part of our service will be subject to the
manufacturers warranty period in relation to the part only.
8.2 If the product is not supplied by Us it will not be covered under any guarantee
in relation to workmanship and We will not replace the part. All fees will be
chargeable.
8.3 If any defect in the product of the Plumbing Services appears during the
guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge
within a 6 month period.
Your Obligations
9.1 If any consents, licences or other permissions are needed from any third
parties such as landlords, planning authorities, local authorities or similar, You must
obtain them before we begin to provide the Heating and Plumbing Services.
9.2 You will ensure that the Heating and Plumbing Engineer can access the
Property at the Agreed Times to provide the Heating and Plumbing Services. Any delay
in doing so will be chargeable.
9.3 You may either give the Heating and Plumbing Engineer a set of keys to the
Property or be present at the Agreed Times to give the Engineer access. We promise
that all keys will be kept safely and securely by the Engineer.
9.4 You must ensure that the Heating and Plumbing Engineer has access to
electrical outlets and if necessary cold water and welfare services.
9.5 You must give Us at least 24 hrs notice, if You do not require the Plumber to
provide the Heating and Plumbing Services on a particular day or at a particular
time. We will not invoice for cancelled Visits provided such notice is given. If less than
24 hrs notice is given We will invoice You at the normal rate.
Complaints and Feedback
10.1 We always welcome feedback from Our customers and, while We always use all
reasonable endeavours to ensure that Your experience as a customer of Ours is a
positive one, We nevertheless want to hear from You if You have any cause for
complaint.
10.2 If You wish to complain about any aspect of Your dealings with Us, please
contact Us in one of the following ways:
10.2.1 By email, [email protected]
10.2.2 By contacting Us by telephone on 07878249260
Changing the Start Date
11.1 If You ask Us to change the Start Date:
11.1.1 We will where reasonably possible agree a revised Start Date with You;
11.1.2 If it is not possible to agree a revised Start Date either You or We may terminate
the Agreement (see Clause 14).
11.2 If We ask You to change the Start Date, You may either:
11.2.1 agree a revised Start Date with Us; or
11.2.2 terminate the Agreement (see Clause 14).
Cancellation of Contract During the Cooling Off Period
12.1 Where the Agreement is not made “on Our premises”, You have a statutory
right to a “cooling off” period. This period begins once the contract between You and Us
is formed and ends at the end of 14 calendar days after that date.
12.2 If You wish to cancel the Agreement within the cooling off period You should
inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the
postal address, fax number or email address specified in these Terms and Conditions).
You may use the Model Cancellation Form, but You do not have to.
12.3 To meet the cancellation deadline, it is sufficient for You to send Your
communication concerning the exercise of the right to cancel before the cancellation
period has expired.
12.4 If You exercise the right to cancel You will receive a full refund of any amount
paid to the Us in respect of the contract.
12.5 We will refund money using the same method used to make the payment,
unless You have expressly agreed otherwise. In any case, You will not incur any fees as a
result of the refund.
12.6 We will process the refund due to You as a result of a cancellation without
undue delay and, in any case, within the period of 14 days after the day on which We are
informed of the cancellation.
12.7 If the Start Date falls within the cooling off period You must make an express
request for provision of the Heating and Plumbing Services to begin within the 14
calendar day cooling off period. By making such a request You acknowledge and agree
to the following:
12.7.1 If the Job is completed within the 14 calendar day cooling off period, You will
lose the right to cancel once the Job is completed;
12.7.2 If You cancel the Agreement after provision of the Heating and Plumbing
Services has begun You will be required to pay for the Heating and Plumbing Services
supplied up until the point at which You inform Us of Your wish to cancel;
12.7.3 The amount due will be calculated in proportion to the full price of the Heating
and Plumbing Services and the actual Heating and Plumbing Services already
provided. Any sums that have already been paid for the Heating and Plumbing Services
will be refunded subject to deductions calculated on this basis;
12.7.4 We will process any refund within 14 days and in any event no later than 14
calendar days after You inform Us of Your wish to cancel.
12.8 Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar
day cooling off period has elapsed.
Cancellation Before the Start Date
13.1 In addition to Your rights in Clause 12 relating to the cooling off period, You
may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as
follows:
13.1.1 If You cancel the Job more than 28 days before the Start Date We will refund the
Deposit and any other sums paid as soon as is reasonably possible, and in any event
within 14 calendar days of cancellation.
13.1.2 If You cancel the Job less than 28 days before the Start Date We will retain from
the Deposit a sum to cover any net financial loss that We suffer due to the cancellation.
We will refund the balance of the Deposit to You as soon as is reasonably possible, and
in any event within 14 calendar days of cancellation. If Our net financial loss is more
than the amount of the Deposit, We will invoice You for the shortfall and You will be
required to make payment in accordance with Clause 6.
13.2 We may need to terminate the Agreement before the Start Date due to the
unavailability of required personnel or materials, or due to the occurrence of an event
outside of Our reasonable control. If such cancellation is necessary, We will inform You
as soon as is reasonably possible. We will refund the Deposit and any other sums paid
as soon as is reasonably possible, and in any event within 14 calendar days of
termination.
Termination
14.1 You may terminate the Agreement with immediate effect by giving Us written
notice if:
14.1.1 We have breached the Agreement in any material way and have failed to remedy
that breach within 14 days of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over
Our assets;
14.1.3 You and We have been unable to agree a revised Start Date under Clause 11.1 or
You elect to terminate the Agreement under Clause 11.2;
14.1.4 We are unable to provide the Heating and Plumbing Services due to an event
outside of Our control (see Clause 16).
14.2 We may terminate the Agreement with immediate effect by giving You written
notice if:
14.2.1 You fail to make a payment on time as required under Clause 6 (this does not
affect Our right to charge interest on overdue sums under sub-Clause 6.8);
14.2.2 You have breached the Agreement in any material way and have failed to
remedy that breach within 14 days of Us asking You in writing to do so; or
14.2.3 You and We have been unable to agree a revised Start Date under Clause 11.1;
14.2.4 We have been unable to provide the Heating and Plumbing Services for more
than 4 weeks due to an event outside of Our control (see Clause 16).
14.3 For the purposes of this Clause 14 a breach of the Agreement will be considered
‘material’ if it is not minimal or trivial in its consequences to the terminating party. In
deciding whether or not a breach is material no regard will be had to whether it was
caused by any accident, mishap, mistake or misunderstanding.
14.4 If at the termination date:
14.4.1 You have made any payment to Us for any Heating and Plumbing Services We
have not yet provided, these sums will be refunded to You as soon as is reasonably
possible, and in any event within 14 calendar days of the termination notice;
14.4.2 We have provided Heating and Plumbing Services that You have not yet paid for,
the sums due will be deducted from any refund due to You or, if no refund is due, We
will invoice You for those sums and You will be required to make payment in
accordance with Clause 6.
Effects of Termination
15.1 If the Agreement is terminated for any reason:
15.1.1 Any Clauses which, either expressly or by their nature, relate to the period after
the expiry or termination of the Agreement will remain in full force and effect.
15.1.2 Termination will not remove or reduce any right to damages or other remedy
which either You or We may have in respect of any breach of the Agreement which exist
at or before the date of termination.
Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations
under these Terms and Conditions where the failure or delay results from any cause
that is beyond Our reasonable control. Such causes include, but are not limited to:
power failure, internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood, storms,
earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared,
undeclared, threatened, actual or preparations for war), epidemic or other natural
disaster, or any other event that is beyond Our reasonable control .
16.2 If any event described under this Clause 16 occurs that is likely to adversely
affect Our performance of any of Our obligations under these Terms and Conditions:
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Agreement will be suspended and any time limits that
We are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide
details of any new dates, times or availability of Heating and Plumbing Services as
necessary;
16.2.4 You or We may terminate the Agreement (see Clause 14).
Liability
17.1 We will be responsible for any foreseeable loss or damage that You may suffer
as a result of Our breach of these Terms and Conditions or as a result of Our negligence.
Loss or damage is foreseeable if it is an obvious consequence of the breach or
negligence or if it is contemplated by You and Us when the Agreement is entered
into. We will not be responsible for any loss or damage that is not foreseeable.
17.2 We will maintain suitable and valid insurance including public liability
insurance.
17.3 We will not be liable to You for any loss of profit, loss of business, interruption
to business or for any loss of business opportunity.
17.4 If We cause any damage to the Property, We will make good that damage at no
additional cost to You.
17.5 We are not responsible for any pre-existing faults or damage in or to Your
property that We may discover while providing the Heating and Plumbing Services. This
is particularly important with system upgrades from low to high pressures where
existing workmanship and components are in question.
17.6 Our total liability for any loss or damage caused as a result of our negligence or
breach of these Terms and Conditions or the Agreement (or that of the Engineer) is
limited to £5 million.
17.7 We are not liable for any loss or damage You suffer which results from Your
failure to follow any reasonable instructions given by Us or the Engineer.
17.8 Nothing in these Terms and Conditions is intended to or will limit or exclude
Our liability for death or personal injury caused by Our negligence or for fraud or
fraudulent misrepresentation.
17.9 Nothing in these Terms and Conditions is intended to or will limit Your legal
rights as a Consumer under any consumer protection legislation. For more details of
Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards
Office.
How We Use Your Personal Data (Data Protection)
18.1 All personal information that We may use will be collected, processed, and held
in accordance with the provisions of EU Regulation 2016/679 General Data Protection
Regulation (“GDPR”) and Your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of
personal data including, but not limited to, the purpose(s) for which personal data is
used, the legal basis or bases for using it, details of Your rights and how to exercise
them, and personal data sharing (where applicable), please refer to Our Privacy Notice
available from www.andersonheatingservices.co.uk.
Other Important Terms
19.1 We may from time to time change these Terms and Conditions without giving
You notice, but We will use Our reasonable endeavours to inform You as soon as is
reasonably possible of any such changes.
19.2 We may transfer (assign) Our obligations and rights under the Agreement to a
third party (this may happen, for example, if We sell Our business). If this occurs We
will inform You in writing. Your rights under the Agreement will not be affected and
Our obligations under the Agreement will be transferred to the third party who will
remain bound by them.
19.3 You may not transfer (assign) Your obligations and rights under the Agreement
without Our express written permission (such permission not to be unreasonably
withheld).
19.4 The Agreement is between You and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled to enforce
any provision of the Agreement.
19.5 If any provision of the Agreement or these Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in part the validity of
the other provisions of the Agreement or these Terms and Conditions and the
remainder of the provision in question will not be affected.
19.6 No failure or delay by Us or You in exercising any rights under the Agreement
means that We or You have waived that right, and no waiver by Us or You of a breach of
any provision of the Agreement means that We or You will waive any subsequent
breach of the same or any other provision.
Law and Jurisdiction
1. These Terms and Conditions, the Contract, and the relationship between you and
Us (whether contractual or otherwise) shall be governed by, and construed in
accordance with the law of England & Wales.
2. As a consumer, you will benefit from any mandatory provisions of the law in
your country of residence. Nothing in Sub-Clause 20.1 above takes away or
reduces your rights as a consumer to rely on those provisions.
3. Any dispute, controversy, proceedings or claim between you and Us relating to
these Terms and Conditions, the Contract, or the relationship between you and
Us (whether contractual or otherwise) shall be subject to the jurisdiction of the
courts of England, Wales, Scotland, or Northern Ireland, as determined by your
residency.
