1-The following points should tell you everything you need to know about the agreement you will enter into should you accept our quotation. In all clauses, the company refers to UK Gas Services Ltd.
2-Whilst every effort will be made to keep to specified dates the company will not be liable for failure to do so or for any damage, consequential loss or expense incurred resulting from delay.
3-Without prejudice to its right to claim damages for breach of contract the Company may withdraw from the contract prior to commencement, in this case the Company agrees to refund your deposit in full.
4-Without prejudice to other rights the Company shall have the right to terminate this Agreement at any time and to claim for any resulting losses or expenses if the customer; 4.1 is in breach of an obligation under this Agreement and fails to remedy the breach within 21 days of notice; requiring him to do so, or 4.2 has a receiving order in bankruptcy made against him or otherwise agrees or applies for a scheme of arrangement with creditors.
5-In the event of the company becoming entitled to terminate this Agreement the Company will be entitled to the payment of any sums payable in respect of any breach by the customer of the terms of this Agreement and to all expenses and legal fees incurred in enforcing the Company’s rights under this Agreement.
6-The price quoted is open for acceptance within thirty days provided that the work can be commenced in ninety days, both periods being from the date of quotation. If you decide that you would like to use us after this time, we will let you know if there has been a change in the pricing requiring a revised quotation and the reasons why.
7-No order shall be deemed to be accepted unless and until confirmed in writing by the Company and the Agreement shall at all times prior to the commencement of the Works be subject to: 7.1 the inspection and survey of the Customer’s Premises in order to confirm the Price and the technical details; 7.2 the receipt of any agreed deposit; 7.3 the result of any credit enquiry concerning the Customer which the Company may choose to make.
8-Following the Company’s acceptance of the Customer’s Order, this agreement shall not be capable of termination by the Customer unless it is linked with a regulated agreement for credit under the Customer Credit Act 1974 and in which case the Customer shall have the right to terminate this Agreement in accordance with the provisions of the 1974 Act.
9-The Company has quoted the cost of installing Central Heating equipment that meets the requirements of your home. Once you have accepted this quotation, the Company undertakes to carry out all the work necessary to complete the work described in your specification and this quotation subject to the conditions contained in this quotation.
10-The Company will carry out the work specified in this quotation at the price quoted and during normal working hours, but any variations or additions requested by you may be subject to an additional charge. If the Company’s authorised installer is delayed or prevented from delivering or installing by the agreed date due to delay or default on the part of the Customer the Company may add to the charges at a reasonable sum in respect of any additional costs incurred.
11-The Customer is responsible for ensuring all necessary consents are in place for the installations of the Works, including (without installation) building regulations and planning consents, consents from neighbours and mortgages.
12-The customer shall provide reasonable access to enable installation and a responsible person must be present when the installation takes place. You will also provide the necessary service utilities for installation as required.
13-The prices specified in any quotation exclude the price of removing any dangerous waste material such as asbestos found when installing your heating. If during the execution of the works, asbestos is encountered, the Company reserves the right to withdraw until the site is made safe.
14-In the case of Customers purchasing their Central Heating via a finance, agreement, the Customer Satisfaction / Completion document must be signed upon completion of the installation by the person named on the original finance document. Failure to do so may result in the finance agreement becoming null and void, with the outstanding balance then becoming due immediately.
15-The Company cannot accept any responsibility for existing radiators and/or pipe work and/or boilers that are utilised in the new central heating system. In the event of problems arising after the initial installation our guarantees extend only to items installed by ourselves as per our technical survey.
16-Outstanding payments should not be withheld for any reason; should a dispute arise regarding work carried out by ourselves, or for any other matter, please write to The Managing Director, UK Gas Services Ltd., 13 Leicester Road, Groby, Leicester. LE6 0DQ.
17-Where payments are not made on the due date the Company reserves the right to charge daily interest on late payments at a rate of 2% per annum above the prevailing base lending rate.
18-Your order will be accepted subject to there being an adequate gas supply to the dwelling prior to commencement of the work. Without prejudice to the Company’s right where such supply is not laid to enable work to commence the Company may cancel the contract and shall not have any liability of any costs, loss of damage arising.
19-All carpets, linoleum, and special types of flooring, for example tongue and grooved, parquet, hardwood or tiled floors must be removed as necessary and, whilst we will endeavour to replace carpet as possible in an acceptable condition, the company shall not be responsible for any resultant damage. In some cases this removal and replacement is best left to a specialist contractor and you should seek advice accordingly.
20-The work will be carried out in a proper workmanlike manner but the Company cannot be held liable for any damage caused to decoration, fittings and the like as a result of installing new pipe work or removing, replacing or disturbing existing pipe work, tanks or cylinders.
21-The Company shall not be liable for any failure to perform its obligations under this quotation if by any cause reasonably beyond its control including without limitation lock outs, fire, accident or war, a failure or delay attributable to any electricity or gas network; the act or omission of any party for whom the Company is not responsible.
22-Neither the Company nor its sub-contractors, agents or employees shall in any circumstances have any liability for any indirect or consequential loss or damage loss, whether direct or indirect, of profit, business or anticipated savings.
23-The Company does not exclude liability for loss of or damage to property directly resulting from the Company’s breach of the Agreement, but the Company’s liability for such loss or damage shall be limited to £50,000.00 in respect of any one incident or series of incidents whether related or unrelated in any period of 12 months. Where the Customer does not buy the Works in the course of a business (or hold itself out as doing so) Clauses 18 to 21 inclusive do not exclude the undertakings implied by the Sales of Goods Act 1979 or the Supply of Goods and Services Act 1982 (or any re-enactment of any such provision, and do not affect the Customer’s statutory rights. Nothing in these Conditions shall be construed as limiting or excluding the Company’s liability under the Consumer Protection Act 1987.
24-The Company will use their authorised employees & contractors to complete these works. All are GasSafe registered, and chosen carefully to carry the same high standards of workmanship. For your security, all contractors will carry identity cards.
25-Any agreed deposit is to be paid on acceptance of our quotation. The full balance shall be due and payable on completion of the installation (except when via a credit agreement with our finance partner Hitachi Capital).
26-The Company will make good by rectification, repair or replacement, or at its option supply of replacement parts, faults or defects which under proper use, appear in the Work within the period of one year (unless otherwise specified in writing) after the work has been accepted or deemed to have been accepted and arise solely from faulty material or workmanship or faulty design (other than a design made, furnished and specified by the Customer) provided that; 26.1.1 the work has been properly kept, used and maintained in accordance with the manufacturer’s or the Company’s instructions, if any, and has not been modified except with the Company’s consent; 26.1.2 the fault is not due to accidental or wilful damage, fair wear and tear, interference with or maintenance work by a third party; 26.1.3 the Customer makes no further use of the Works after the defect has been or ought to have been discovered. 26.2 any Company guarantee shall be conditional upon: 26.2.2 The production by the Customer of the Company’s order form as record of the Customer’s order; 26.3 All guarantee work will be carried out during normal working hours. THIS GUARANTEE DOES NOT AFFECT YOUR STATUTORY RIGHTS.
27-Any part of the Works delivered to the Customer’s premises (or to other Premises at the Customer’s request) shall from the time of delivery be at the Customer’s risk whether or not installed, except as regards loss or damage caused by negligence of the Company.
28-If you enter into this contract, legal title to all goods remains with the Company and you will waive the rights of trespass for the Company to reclaim until all monies due to the Company have been paid.
29-This quotation cannot be varied except in writing by the Company and the customer acknowledges that this document contains the entire terms of Agreement and supersedes any prior oral or written communication(s).
These terms and conditions are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.