Premier Heating Solutions Terms and Conditions
1. For the purpose of these terms and conditions.
(a) “The Company” shall mean Premier Heating Solutions.
(b) “The Customer” shall mean the person or organization for whom we agree to carry out works and/or supply materials.
(c) “Representative” or “Engineer” shall be the person appointed by the company.
2. All the terms of the contract between the Customer and the Company are contained in the document and written specifications (if any) provided to the Customer. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.
3. Hourly rate works: 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. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
4. Fixed price works: Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:
(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.
5. Material Collection: Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes the customer must be informed of the circumstances.
(d) Only one engineer is allowed to leave the job to collect parts.
(e) The collection of materials which should be normally stocked items is non-chargeable.
6. Payment: Payment of the contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have been made to the Company’s engineers or representatives, the Customer must retain a copy of the Contract or Invoice with the payment indicated and receipted by the person to whom the payment is handed. Cheques must be made payable in favor of the Company only. If remedial work is necessary, the Customer may hold a maximum of 10% of the value of the invoice until such work is carried out. The Company reserves the right to charge a fixed admin fee of £10.00 for any surcharge invoices over 30 days and overdue balances will accrue interest at 4% over the bank base rate on a daily basis until payment is made. Romalpa Clause – All goods supplied remain property of the Company even though installed, by way of a lien until fully paid for and the Company reserves the right of re-entry to remove any such goods whether fixed or otherwise, which remain unpaid for. The guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.
7. Liability: The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
8. Cancellation of jobs: If the Customer cancels their instructions less than 48hrs prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions. If the Customer books an engineer for an out of hours emergency, the Company require a debit or credit card number to take a minimum one hour charge at the point of booking. If the Customer cancels this job in less than 10 minutes of booking any charges will be refunded. However if the Customer cancels after 10 minutes the Customer will be liable for the full cancellation charge.
9. Time Keeping: Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the engineer shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the representative/engineer or for the late or non-delivery of materials.
10. Guarantee: If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 100 days to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he/she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for 24 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative.
The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
The Company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The Company will not guarantee any work undertaken on instruction from the Customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made.
Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
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.
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.
The Customer shall be solely liable for any hazardous situation in respect of any Gas Safe warning notice issued.
In the event that Asbestos is uncovered, all works will stop and it will be the customers sole responsibly to have a registered organisation carry out controlled removal of the substance. Only when proof of a registered organisations removal is produced can works recommence.
The Company shall not be held liable for any damage relating to existing fabric defects, when highlighted by carrying out the necessary works proposed.
11. Manufacturer’s warranty: All Worcester Bosch gas boilers supplied and installed by Premier Heating Solutions carry up to a 10 year parts and labour warranty. The Worcester Bosch Greenstar oil-fired boiler carries a 7 Year parts and labour warranty. All warranties are subject to annual service history. Please note, the price of the service is not included in the cost of the new boiler. The annual service must be implemented by a Gas Safe Registered engineer and Premier Heating Solutions must be given a full and fair opportunity to carry out these services. Documentation must be made available to the Company if requested. Proof of annual service will validate the boiler warranty throughout the warranty period. It is the customer’s responsibility to arrange the annual service.
12. These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
13. These terms & conditions & all contracts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.