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 whose registered office is 19 Horseshoe Park, Pangbourne, Reading, RG8 7JW.
(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 service and maintenance works.
(f) “Large Works” shall mean all installation works.
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 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.
2.4 The Company warrants to the Customer that the Works will be provided using reasonable care and skill.
2.5 The Company reserves the right to refuse any Order.
3 Charges 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: When placing a Large Works Order, the Customer shall be required to pay a 50% Deposit to the company. Subject to paragraph 10 below the Deposit shall be non-refundable.
3.2 Fixed Price Works: The Company will provide a fixed price for all Works supplied. The total charge to the Customer shall include the cost of materials supplied by the Company and the labour provided by the Engineer in carrying out Works.
3.3 Payment of the Works is due immediately upon completion of the Works and/or delivery of invoice.
3.4 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.
3.5 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.
3.6 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.
3.7 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, and 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 its 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 that 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:
• The repair or making good of any defect, subject to the guarantee in paragraph 11.
• 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 £2,000,000.
• 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.
• 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 is 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.
• Nothing in these terms and conditions will limit or exclude the Company’s
liability for personal injury.
8 Customer Obligations
8.1 The Customer must 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 the commencement 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 a claim from neighbouring/third-party properties arising out of the presence of the Company or its employees/representatives.
8.4 The Customer will at all times ensure the environment is safe for the Company
and its employees/representatives for the purpose of carrying out the Works.
8.5 By instructing the Company to proceed with the Works, the Customer warrants that they have 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 Events
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.
9.2 Neither the Seller nor the Buyer shall be held liable for failure or delay in the performance of its obligations under this Contract if such performance is delayed or hindered by the occurrence of an unforeseeable act or event which is beyond the reasonable control of either party (“Force Majeure Events”).
9.3 Acts or events constituting Force Majeure Events shall include, but not limited to Act of God, government intervention, directives or policies.
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).
10.2 The 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 Works to be carried out prior to the expiry of the cancellation period, the Customer should sign the quotation stating that
“If work is to be carried out prior to the expiry of your 14-day cancellation period you agree to forfeit your right to cancel the contract”. Should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out.
10.4 In addition to the Cooling Off Period the Customer may terminate the Contract as follows:
• Small Works appointments can be cancelled up to 48 hours before the Works are due to commence with no charge. If a Small Works appointment is cancelled less than 48 hours before we are due to arrive, or our team have not been provided access to a property, a £50.00 cancellation charge may be levied.
• Large Works appointments can be cancelled up to 7 days before the works are due to commence with no charge. If a Large Works appointment is cancelled less than 7 days before we are due to arrive, or our team have not been provided access to a property, then the deposit paid to secure the booking will be forfeited.
11.1 The Company shall provide a 24-month guarantee from the date Works are completed. This is to cover workmanship along with any parts, equipment or components supplied by the Company. Any guarantees supplied by the Company will not supersede the respective manufacturer’s warranty/guarantee.
11.2 The Company’s guarantee will become null and void if the component/appliance supplied by the Company is:
• Subject to misuse or negligence.
• Repaired, tampered with or modified by anyone other than a Company Representative.
11.3 Works are guaranteed only in respect of Works directly undertaken by the Company & payment in full has been made.
11.4 The Company is unable to guarantee any Works which have been undertaken by instruction of the customer and against the Company’s/Engineer’s advice/recommendations.
11.5 The Company will only guarantee Works 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 respective policies.
11.6 The Company will not be liable or responsible for any damage or defect arising from Works not fully guaranteed or where recommended Works have not been carried out.
11.7 The Company accepts no liability for, or guarantees suitability for materials supplied by the Customer or other third parties, and will not accept liability for any damage or faults as a result.
11.8 The Company is unable to guarantee any Works in respect of blockages to waste and drainage systems.
11.9 Any non-related faults arising from recommended Works which have not been undertaken by the Company will not be guaranteed.
11.10 Works will not carry a guarantee where the Customer has been notified either verbally or indicated in ticked boxes or in comments/recommendations of any other related Works which require attention.
11.11 The Company shall not be held liable for any damage relating to existing fabric defects when highlighted by carrying out the necessary Works proposed.
11.12 The Customer shall be solely liable for any hazardous situations relating to Gas Safe or OFTEC regulations unless otherwise caused by our Representative.
11.13 If work is deemed to be outside of the guarantee, the standard prevailing inspection rate will apply to the appointment. The Company will provide full details of these charges when booking the appointment.
12 Boiler Guarantee
12.1 All boilers supplied and installed by the Company benefit from an extended part and labour guarantee. All guarantees are subject to annual service history and the Company must be given a full and fair opportunity to carry out these Works. Proof of annual service will validate the boiler guarantee throughout the guarantee period.
12.2 Documentation must be made available to the Company if required. It is the Customer’s responsibility to arrange the annual service. Unless a promotional offer is made, the price of the service is not included in the cost of the new boiler. Full details can be found in the Boiler Guarantee Terms and Conditions.
13.1 In the event that Asbestos is uncovered, it will be the Customer’s sole responsibility to have a registered organisation carry out controlled removal of the substance. Proof of removal by a licenced third party will be required before Works can recommence.
14 Complaints Procedure
14.1 In the 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 firstname.lastname@example.org or 19 Horseshoe Park, Pangbourne, Reading, RG8 7JW.
14.2 Upon receipt of this complaint, the Company will use its reasonable endeavours to resolve the matter within seven days.
15 Data Protection
15.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation concerning your personal information.
15.3 For the purposes of these Terms and Conditions:
• ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
• ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
• ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
15.4 We are a Data Controller of the Personal Data we Process in providing the Goods to you.
15.5 Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
• Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
• We will only Process Personal Data for the purposes identified.
• We will respect your rights concerning your Personal Data.
• We will implement technical and organisational measures to ensure your Personal Data is secure.
15.6 For any enquiries or complaints regarding data privacy, you can email email@example.com.
16 Entire Agreement
16.1 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.
16.2 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.
17.1 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
18.1 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.
19.1 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.
20.1 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 accordance with this clause, and shall be delivered personally, or sent by pre-paid first-class post or other next working day delivery service or commercial courier.
20.2 A notice or other communication shall be deemed to have been received: if delivered personally when left at the address referred to above; if sent by pre-paid first-class post or other next working day delivery service, at 11:00 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.
21 Third Parties
21.1 No one other than a party to the Contract shall have any right to enforce any of its terms.
22 Governing Law
22.1 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.
23.1 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.
For our Boiler Guarantee Terms and Conditions, Click here.
If you have any questions, please contact us at firstname.lastname@example.org.