1-Please read the following carefully as these terms & conditions will tell you everything you need to know about the agreement you will enter into in respect of the Domestic & General Heating equipment in your home. In all clauses, the company refers to Domestic & General Heating.
2-Every effort will be made to keep to the schedule, the company will not be liable for failure to do so or for any damage, consequential loss or expense incurred resulting from delay howsoever caused.
3-Without prejudice to its right to claim damages for breach of contract the Company, at its sole discretion, 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; is in breach of any obligation under this Agreement and fails to remedy the breach within 21 days of notice; requiring him to do so, or 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 (in addition to the payment of charges otherwise outstanding under the terms of this Agreement) to the payment of all 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 to you 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.
8-Following the Company's acceptance of the Customer's Order in accordance with Condition 7 above, 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 e right to terminate this Agreement but then only in strict accordance with the provisions of the 1974 Act.
9-The Company's authorised contractor/employee has quoted the cost of installing Central Heating equipment that meets the requirements of your home. Once you have accepted this quotation, the Company's authorised contractor/employee 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's authorised contractor will carry out the whole work specified in this quotation at the price quoted and during normal working hours, but any variations or additions requested by you and carried out by the authorised contractor will be subject to an additional charge and if the Company's authorised contractor 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 on written notice to the Customer add to the charges at a reasonable sum in respect of any additional costs incurred.
11-The Customer shall at their own expense obtain all necessary consents for the installations of the Works, including (without installation) building regulations and planning consents, consents from neighbours and mortgages.
12-You shall provide reasonable access to enable installation to be complete and a responsible person must be present when the installation takes place. You will also be required to provide the necessary service utilities for installation at no charge.
13-The prices specified in any quotation does not include 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 the installation stall immediately until the site is made safe. The Customer shall be made liable for any additional costs incurred.
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 will result in the finance agreement becoming null and void, with the outstanding balance to be paid immediately.
15-The Company does not accept any responsibility whatsoever 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 Domestic and General Heating at Unit 1, Bilston Industrial Estate, Bilston WV14 7EG.
17-Where payments are not made on the due date the Company may charge daily interest on late payments at a rate to 2% per annum above the base lending rate of Royal Bank of Scotland PLC.
18-Your order is accepted subject to the condition that there must be 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 from such cancellation.
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 you shall be responsible for their replacement when the work is completed. In many 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 workman 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 have any liable for any failure to perform its obligations under any quotation if it is prevented from doing so 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 whatsoever for any indirect, special 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 Â£150,000.00 in respect of any one incident or series of incidents whether related or unrelated in any period of 12 months. Where the Customers 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 Sections 13, 14 and 15 of the Sales of Goods Act 1979 or Sections 2 to 5 of 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-Nothing in this quotation shall limit the liability of the Company, its sub-contractors, or agents for death or personal injury resulting from negligence.
25-To complete your installation the Company will use their authorised contractors/ employees. All are GASE SAFE registered, and chosen carefully to carry the same high standards of workmanship. For your security, all contractors will carry identity cards.
26-The deposit shown overleaf must be paid on acceptance of any quotations and the balance of the price shall be due and payable in full on completion of the installation except when you have entered into a credit agreement.
27-The Company will make good by rectification, repair or replacement or at its option by the 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;
28-Any part of the Works delivered to the Customer's premises (or to Premises to which the Works are delivered 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.
29-If you enter into this contract, legal title to items remain in the Company's and you will waive the rights of trespass for the Company to reclaim its goods until all monies due to the Company under any quotation or associated credit sale agreement has been paid by the due date.
30-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 a prior oral or written communication(s).
31-This Agreement is personal to the Customer and the Customer shall not at any time assign, pledge, mortgage, transfer, or otherwise dispose in whole or in part of any or all rights under this Agreement except as expressly allowed by the terms of this Agreement. The Company may at any time assign, pledge, mortgage, transfer, or otherwise dispose in whole or in part of its rights under this Agreement and shall have the right to sub-contract or delegate the performance of its obligations arising under this Agreement without the prior consent of the Customer.