Premier Heating Solutions Limited Terms and Conditions
1. For the purpose of these terms and conditions.
(a) “The Company” shall mean Premier Heating Solutions Limited whose company number is 05591229 and registered office is The Counting House, St Mary’s Street, Wallingford, Oxfordshire OX10 0EL.
(b) “The Customer” shall mean the person or organization for whom the Company agrees to carry out works and/or supply materials.
(c) “Representative” or “Engineer” shall be the person appointed by the Company.
(d) “Works” shall mean the specification set out in the schedule.
(e) “Small Works” shall mean all hourly rate or fixed price works where the payment has been taken in full.
(f) “Large Works” shall mean all fixed price works where a contract of Works is signed and a 25% deposit taken.
2. The Works
2.1 The Company shall supply the Works to the Customer in accordance with the Schedule attached to these Terms and Conditions.
2.2 The Works must be accepted by the Customer in its entirety and without modification by placing an Order at which time the Customer will be bound by these Terms and Conditions. (“The Order”)
2.3 The Order shall only be deemed to be accepted when the Company issues written acceptance of the Order at which point and on which date the Contract shall come into existence.
2.5 The Company reserves the right to refuse any Order.
2.6 The Company shall have the right to make any changes to the Works which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Works, and the Company shall notify the Customer in any such event.
2.7 The Company warrants to the Customer that the Works will be provided using reasonable care and skill.
3. Charges, Estimates and Fixed Price Work
3.1 All charges are subject to VAT at the prevailing rate except in cases where the Works carried out are zero rated.
3.2 Deposit: At the time of the Order if the Works are for a fixed fee rather than an hourly rate the Customer shall be required to pay a Deposit to the Company of 25% of the fixed fee. Subject to paragraph 10 below the Deposit shall be non-refundable.
3.3 Hourly rate works: If the Company have not offered a fixed fee for the Works, then the Company’s charges will be calculated mainly by reference to the time actually spent. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 20%) & the amount of time spent by the Engineer in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, lunch breaks etc. are non-chargeable.
3.4 Estimated works: Unless otherwise specified, all estimates are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the Company and/or details supplied by the customer. The final price will be calculated based on the original estimate and in accordance with the company’s hourly rate. The estimate may change for the following reasons:
(a) If after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(b) If after submission of the estimate there is an increase in the price of materials.
(c) If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(d) If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
3.5 Material Collection: Collection of non-stock items is chargeable but time will be kept to a minimum & reasonable.
3.7 Payment of the Works is due immediately upon completion of the Works and/or delivery of invoice.
3.8 Where the Works are subject to snagging, the Customer agrees to make payment of 95% of the total invoice amount immediately following completion of the Works. The Customer must then provide the Company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due on completion of the snagging by the Company, or within 14 days of the invoice date should access not be made available – whichever is sooner.
3.9 Where the Customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for full payment unless the Company has agreed otherwise in writing prior to any works commencing.
3.10 Any late payments whether in part or in full of an invoice to the Company, will be subject to the interest rate of 3% over the Bank of England base rate calculated daily, until payment in full is received by the Company. In addition, the Company will charge an administrative fee for all late payments as follows: – Up to £999.99- £40, £1,000 to £9,999.99- £70, £10,000 or more – £100.
3.11 The Company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the Customer for the Works until payment has been made and received in full.
4. Illustration and Description of Works
4.1 Any illustrations, descriptions, imagery either displayed on the Company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and Works provided by the Company. No part of these shall form part of any contract.
5. Inspection, Delivery and Completion of Works
5.1 The Company will advise the Customer of the date and time for the Works to be carried out but these times are estimates only. The Company will use its reasonable endeavours to ensure it maintains this schedule and that it’s Engineers attend at the agreed time but time shall not be of the essence for performance of the Works.
5.2 The Company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials.
6.1 The Customer shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the Customer’s obligations, undertakings and representations and warranties in connection with this Contract.
7. Limitation of Liability
7.1 The Company’s liability shall be limited to:
a) The repair or making good of any defect subject to the guarantee at paragraph 12 below.
b) Nothing in these terms and condition will limit or exclude the Company’s liability for personal injury.
c) The reasonable costs of repair or reinstatement of damage or any loss to the Customer’s property, should this result from the negligence of the Company or its employees, agents, franchisees or sub-contractors, and the Customer incurs such costs limited to £50,000.
d) The Company will not be responsible for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
e) The Company will not be responsible or liable for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc.), internal and external walls where pipework is/has to be routed and other damages as a result.
8. Customer Obligations
8.1 It is the Customer’s duty to ensure suitable permission, permits, licenses, and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation of the Works. The Company will not be held responsible for any damage to the property (such as fixings, holes etc.) if these have not been obtained and in the event of equipment that has been supplied or installed is required to be removed or re-positioned as a result of failure to obtain appropriate consents permits licenses and permission, extra charges will be incurred.
8.2 The Customer shall provide clear access to enable the Company to undertake the Works at the agreed time, and will make all the necessary arrangements with the proper persons or authorities for any gas/electricity connections/meters required in connection with carrying out the works.
8.3 The Customer shall obtain permission for the Company and its Engineers to proceed over property belonging to neighbours or third parties if this is necessary. The Customer shall indemnify the Company in all aspects of claim from neighbouring/third party properties arising out of the presence of the Company or its employee’s/representatives.
8.4 The Customer will at all times ensure the environment is safe for the Company and its employee’s/representatives for the purpose of carrying out the works.
8.5 By instructing the Company to proceed with the Works, the Customer warrants that he has sought the necessary permission as set out above. The Customer will be liable to the Company for all loss and damage whether indirect, direct or consequential which has been suffered by the Company as a result of the failure or delay by the Customer in performing the obligations as detailed above.
9. Force Majeure
9.1 The Company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the Customer or any third party if the Works prove impossible due to events or circumstances beyond the Company’s reasonable control.
10. Your right to Cancel – Cooling Off Period
10.1 The Customer has the right to cancel the Contract where it is made off premises within fourteen calendar days (Cooling Off Period).
10.2The Customer should send notice in writing of cancellation by post or email to the address specified in Clause 21 below. It is recommended the Customer retains proof of postage by a certificate of posting, or recorded delivery slip and all notice of cancellation are also sent via email.
10.3 If the Customer requires work to be carried out prior to the expiry of the cancellation period the Customer should sign the written estimate stating that you agree to the work to commence before the fourteen day cancellation period expires, and should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.
10.4 In addition to the Cooling Off Period the Customer may terminate the Contract as follows:
(a) Small Works appointments can be cancelled up to 48 hours before the Works are due to commence with no charge. If a Small Works booking is cancelled less than 48 hours before a booking or our team have not been provided access to a property, then the deposit paid to secure the booking will be lost.
(b) Large Works appointments can be cancelled up to 7 days before the works are due to commence with no charge. If a Large Works booking is cancelled less than 7 days before a booking or our team have not been provided access to a property, then the deposit paid to secure the booking will be forfeited.
12.1 Any guarantee provided by the Company shall be for labour only, in respect of faulty workmanship from 24 months of the date of completion. Any parts, equipment or components supplied by the Company will be covered by their respective manufacturer’s warranty.
12.2 The Company’s guarantee will become null and void if the work/appliance completed/supplied by the Company is:
a) Subject to misuse or negligence.
b) Repaired, tampered with or modified by anyone other than a Company operative/representative. The Company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result.
12.3 The Company is unable to guarantee any work in respect of blockages in waste and drainage systems.
12.4 The Company is unable to guarantee any work which has been undertaken on instruction by the customer, against the Company’s/Engineer’s advice/recommendations.
12.5 The Company will only guarantee work directly undertaken by the Company and its employees. Any work carried out on behalf of the Company by agents or sub-contractors will be guaranteed under their own respective policies.
12.6 The Company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.
12.7 The Company will not guarantee work where the customer has been notified either verbally or in writing by the Company of any related work which requires attention.
12.8The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
12.9 The Company will not guarantee any work undertaken on instruction from the Customer & against the written or verbal advice of the operative/engineer.
12.10 Work is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made.
12.11 Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
12.12 The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
12.13 Work will not carry a guarantee where the Customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
12.14 The Company shall not be held liable for any damage relating to existing fabric defects when highlighted by carrying out the necessary works proposed.
12.15 The Customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe operative.
13.1 In the event that Asbestos is uncovered, all works will stop and it will be the Customer’s sole responsibly to have a registered organisation carry out a controlled removal of the substance. Only when proof of a registered organisations removal/clean air certificate is produced can works recommence.
14. Boiler Guarantee
14.1 All Worcester Bosch, Vaillant and Grant gas and oil boilers supplied and installed by Premier Heating Solutions carry a 10 years Parts and Labour Guarantee. All guarantees are subject to annual service history and Premier Heating Solutions must be given a full and fair opportunity to carry out these Works to benefit from the full 10 year guarantee. Proof of annual service will validate the boiler guarantee throughout the guarantee period. Documentation must be made available to the Company if required. It is the customer’s responsibility to arrange the annual service. Please note, the price of the service is not included in the cost of the new boiler. Full details are laid out in the Boiler Guarantee Terms and Conditions.
15. Complaints Procedure
15.1 In the unlikely event the Customer experiences a problem with the service provided by the Company, the customer must put their complaint in writing to the Head Office at 19 Horseshoe Park, Pangbourne, Reading RG8 7JW.
15.2 Upon receipt of this complaint, the Company will use its reasonable endeavours to resolve the matter within fourteen days.
16. Data Protection
16.1 All personal information which the Customer provides to the Company including that not limited to your name and address we will use for administration and marketing purposes. If you provide us with the information you agree that we may contact you by post, telephone, facsimile and/or email. If you do not want us to do this, the Customer can opt out at any time by letting the Company know in writing. We will not pass your personal information onto any other third parties without first obtaining your consent.
16.2 If the Customer gives the Company information about another person, the Company are entitled to assume that the other person has appointed the Customer to act on his/her behalf and has agreed that you can give consent on his/her behalf to the processing of his/her personal data and receive on his/her behalf any data protection notices.
16.3 If the Customer is an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the personal data that we hold on you. Should you have any queries concerning this right, please contact the office manager at our registered office. The Company may charge you £10.00 for providing the Customer with any such information. VAT will not be added to the charge.
17. Entire agreement
17.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
18.1 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.
21.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
21.1 Any notice or other communication given to the Company under the Contract shall be in writing, addressed to the Company at its Head Office at 19 Horseshoe Park, Pangbourne, Reading RG8 7JW in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax [or email].
21.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 10.8(a); if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax [or email], one Business Day after transmission.
22. Third parties.
22.1 No one other than a party to the Contract shall have any right to enforce any of its terms.
23. Governing law.
23.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
24.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation