Based in Leeds, we cover Yorkshire, Lancashire and Humberside. As GAS SAFE REGISTERED (304486) gas engineers we understand and take customer care very seriously. To ensure your safety at all times our engineers will always provide identification on first meeting to prove our identity and most importantly our competence.

Terms of Business

 

Terms of Business – Please Sign and Date :                                     ContractREF: (internet terms

                                                                                                                                                                            

Total Contract Value: (please complete when order has been confirmed)...................£TBC........

 

                                                               

AGHP, We, Us: Adams Gas Heating Plumbing; Adams Heating and Plumbing; 6 Stubley Farm Mews, Morley, LS27 9ND

The Client, The Buyer, You: You – Persons named on invoice or persons receiving benefits from goods supplied.

The Goods: All items supplied in the attached quote to the client or beneficiary of supplied goods.


1.       Domestic Customers:  Full payment to be made Net 10 (Ten days after invoice date) or on completion of all work totalling under £1500. For work quoted over £1500 the following applies:

a.       Full payment of agreed material costs on delivery of goods.  

b.       Final payment Net 10 (10 days after invoice) or by the due date on the invoice.

 

2.       Commercial customers (all circumstances, Businesses, Landlords): 

a.       Full payment of agreed material costs prior to work commencement

b.       Final payment Net 10 (10 days after final invoice) or the due date on the invoice. Failure to settle outstanding accounts could lead to the account being placed on hold and new job start dates being deferred/cancelled.

c.        We will not accept a third party failing to pay as a reason for non-payment of outstanding accounts. Unless the work in dispute has been carried out by us, all contractors are responsible for dealing with any issues their clients might have and they will remain liable for the amount owed to us, regardless of whether their client pays them.

 

3.       Any deviation or variation on these terms will only be accepted in writing after agreement from us and will be on the contract.

 

4.       We reserve the right to enforce administration costs or fees incurred due to late payments (A late payment is classed as any payment not received by the date stipulated on the invoice (term 1.b & 2.b)). At the discretion of AGHP:

a.       Each additional reminder letter issued to the client after the original invoice will be charged at £10. 

b.       Payments outstanding after the date agreed (term 1.b & 2.b) on the invoice will incur statutory interest of 8% above the current base rate, per month, chargeable the first day the balance is overdue and subsequently each calendar month from that date thereafter.

c.        Any charges or fees charged to AGHP due to late payment will be paid in full by you.

d.       If necessary, collection will be passed to an external agency.

e.       Failure to pay an outstanding account can result in legal action and the removal of installed items.

 

5.       The price agreed on the quote applies only to the services to be provided to the client as per that quote. Any additional work or services to be completed by Us will be agreed at the time or prior to commencement of work and subsequent new costs will be agreed verbally or in writing and charged on the relevant invoice. Once an estimate has been accepted, any changes or additions will be subject to a price review.

 

6.       Dates given for commencement of work are approximate only. Whilst every effort will be made to keep to a given date, work can sometimes be delayed. The client will be notified near the expected date.

 

7.       All work carried out by AGHP is under a limited guaranteed for 12 months from date of completion (see exclusions below,7, 9,10,11,12). We will visit you no later than 5 working days, excluding bank holidays and weekends, after you have reported the fault to us. Any use of a third party engineer to complete the work in our absence will void the 12-month guarantee. There is no monetary value or alternative for the guarantee offered and we will not accept third party invoices for work carried out on our behalf. The 12-month limited guarantee does NOT include a free first service. The 12 month guarantee will be void if your work/repair has been carried out due to: the effects of system corrosion or poor system maintenance; poor system installation or design; if your product is not registered with Gas Safe (boilers and fires only). All parts come with specific manufacturer backed warranties that will be noted on the invoice. If the warranty is not listed on the invoice, then it is assumed that the warranty on the part/material is 1 year from installation.

 

8.       All materials used are guaranteed as per manufacturer’s warranty. We will not accept responsibility for the client not validating this warranty with the relevant company within the required time frame.

 

9.       AGHP will carry out a basic chemical cleanse and protection on new boiler installations to satisfy the manufacturers MINIMUM requirements. This does not constitute a Powerflush, it will not remove all of the system debris and it does not guarantee against the manufacturer voiding the warranty due to system corrosion. AGHP advise that replacing the entire system should be considered before Powerflushing. AGHP will not be responsible for any cancellation of a manufacturer warranty for a boiler that has been connected to any existing heating system that was not fitted exclusively by AGHP. All existing heating fixtures fall outside of the 12 month limited guarantee. Powerflushing is not 100% and although every endeavour will be made to remove all the existing debris, it will not return a system to brand new. For this reason, an inline magnetic filter is advised to keep the system protected, along with an annual dosage of inhibitor. Powerflushing carries a risk of system leaks due to corroded metal being cleaned. This can lead to pinhole leaks of the radiators. You agree that you understand this risk and take full responsibility if this occurs. Powerflushing will not always be successful and because of this we can only offer a 12-month guarantee on Powerflushing. No guarantee is offered for Powerflushing of microbore (<15mm pipe size) heating systems. Inhibitor is essential to system maintenance and you as the customer should monitor and make sure that the levels are correct. Annual servicing is the perfect way to have these levels checked and maintained, with the inhibitor being an additional cost to the standard servicing cost. Powerflushing a system does not guarantee that a manufacturer warranty/guarantee will be honoured in its entirety. Only regular servicing at the appropriate intervals along with annual dosing of inhibitor and appropriate cleaning schedules will help maintain your extended guarantee/warranty. Powerflushing comes with an additional disclaimer separate but related to these terms.

 

10.      When upgrading an open vented copper pipework system to a pressurised system or any system upgrade with old pipework and radiators, there is a significant risk that the change in pressure will cause leaks on weak joints. This is a recognised issue and AGHP will not take responsibility for any issues relating to old/existing system leaks or inappropriate fittings and you, the customer, agree to pay the cost of any repairs needed, in full and in addition to any quotes for the work carried out. In the event of any heating system upgrade, we will only take responsibility for the pipework and fittings we supply. Existing pipework, radiators and fittings will not come under our limited guarantee. We will not cover any subsequent leaks on the existing pipework if it is used as part of the system upgrade. Our limited guarantee is void if the system fails due to any inappropriate fitting.

 

11.      Unfortunately, no guarantee will be given on materials if they are not supplied by Us. We only supply quality materials from well-known brands that we are used to dealing with. The customer accepts sole responsible for checking the supplied condition before fitting of the items commences. Any return visit to repair any item not supplied by us will be chargeable at our standard rates.

 

12.      Should your supplied materials not meet the minimum legal requirement or minimum sensible engineering specification for fitting, or not meet any specification exactly that we supply for your installation we will withdraw from site and your contract with us will be deemed as void (we will supply a detailed specification of all parts needed). Example: we will not fit a radiator that is unable to heat a room to 100% of the heat required for that room based on the Quinn heat loss calculator. We will not fit any product that contravenes any current gas/water regulation or is not approved by WRAS or equivalent industry body. We will not fit any appliance that does not have a CE mark or a GC number visible on the appliance. By supplying ANY product that contravenes any current gas/water regulation, we conclude that you are knowingly cancelling the contract in full including all associated work outlined on the same agreement and we will leave site until an amended contract is signed by you. By cancelling our agreement this way and/or on the day of the agreed start date, you agree to pay ¼ of any labour charge quoted to cover time and earning lost due to negligence. We will not accept liability for any third party bill due to customer negligence of the current regulations.

 

13.      We reserve the right to withdraw from site if the contract payment schedule (Term 1 & 2) is not adhered to. Title and ownership of the materials and equipment will not pass to the client until final payment has been made (Term 18). Any materials can be recoverable by AGHP in the event of non-payment. The client agrees to allow access to site for this purpose.

 

14.      Please note that a service does not include any repair work. Any remedial work will be charged extra. If we are called to a service that is technically a repair, the agreed fixed price service costs will be void and you will be charge the full hourly rate plus materials for the repair visit. We will test the heating system prior to starting the service to check for issues. If issues are present, the service will be aborted and a repair will become chargeable. The system will be checked before we leave to ensure it is working. As with any service, it is possible that a breakdown will occur immediately afterwards. We will not accept responsibility for the breakdown after a service, if the part responsible is proven to be a non serviceable item (e.g. Gas Vale, Fan, PCB, APS, pump, external controls, thermistor, water pressure switch: for full list consult manufacturer). The exclusions are when servicing any boiler/unvented cylinder where the safety devices (TRPV/PRV) must be checked to prove they are working. In cases where the annual service routine has been adhered to this should not cause a problem although issues cannot be ruled out but in the case of a faulty part these will usually but not exclusively be maintained under a manufacturer backed warranty. If the boiler has not been regularly serviced (every year) then the likelihood of failure of relevant safety devices when checked is high. The responsibility to maintain a regular service routine lies solely with the owner of the property. If we discover that a boiler has not been maintained correctly up until our visit (no service records for the entire life of the boiler) we will service the boiler as per the manufacturer’s instruction and report any failings.

 

15.      During a service we will only accept responsibility for the actions we carry out. We will not and do not offer any cover for any fitting/pipework/compression joint that we have not fitted. We will not inspect or test every joint of a heating system on a service or repair.

 

16.      In the event of a warranty being void by the manufacturer based on water quality, it is your responsibility to make sure you have kept the system water adequately clean and adequately maintained and as such we will take no responsibility for in warranty void claims that fall outside our 1 year limited guarantee.

 

17.      ErP, the new system introduced to recognise the efficiency rating of your heating system is strictly related to your boiler and system controls upgrade only for comparison purposes. It does not include or account for how energy efficient your home is in the calculation. The rating given applies to test completed in the laboratory and those efficiencies are unlikely to be obtained in real world application. Significant energy efficiency and saving can only be obtained through combined use of many forms of energy efficient products. You accept this and will not approach AGHP with any claims of being unable to obtain the stated efficiency based solely on the installation of your new boiler and controls.

 

18.      Retention of Title (the Sale of Goods Act 1979: amended March 2009): Title to the Goods shall remain vested in AGHP and shall not pass to the Client until the purchase price for the Goods has been paid in full and received by AGHP. Until title to the Goods passes:

 

a.       AGHP shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;

b.       AGHP and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which AGHP reasonably believes them to be kept;

c.        the Client shall store or mark the Goods in a manner reasonably satisfactory to AGHP indicating that title to the Goods remains vested in AGHP and

d.       the Client shall insure the Goods to their full replacement value, and arrange for AGHP to be noted on the policy of insurance as the loss payee.

 

19.      Irrespective of whether title to the Goods remains vested in AGHP, risk in the Goods shall pass to the Client upon delivery.

 

20.      Upon completion of work, all works will be registered with the relevant certifying body within 30days. Any extended warranties form an agreement between you and the product manufacturer, AGHP is not included in this agreement.

 

21.      All work will be carried out to industry standards regardless of cost and time implications. All cost to adhere to these standards will be incorporated into the quote.

 

22.      All offers, guarantees and FOC (free of charge) services are offered as a good will gesture and can be removed or cancelled at any time, without notice. The manufacturer’s warranty is separate to this.

 

23.      Notice of right to cancel. You have the right to cancel this agreement within 14 days of the date of signed acceptance. The cancellation MUST BE RECEIVED IN WRITING (see appendix a) and before work begins. If the work is to be carried out within the specified cooling off period, please sign appendix b (waiver to the rights) before work commences. As A landlord you waive this right and any other cooling off period when authorising work through your representing agent. You agree to waive this right in any emergency situation.

 

24.      These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

 

25.      By inviting AGHP to your property, verbally accepting, authorising work via a third part  or managing agent and/or signing this quote/contract or invoice from AGHP the client is also accepting these Terms and Conditions in their entirety.

 

26.      Name...................................................................  Signature........................................................... Date......................................

 

 

APPENDIX A

 

 

Notice of the Right to Cancel

 

Trader details: 

 

Stuart Adams t/a Adams Gas Heating and Plumbing, AGHP, Adams Heating and Plumbing

 

 

Contract reference:              (internet terms)                                                                                    Date:                    

                 

You (the customer) have the right to cancel this contract if you wish. This right can be exercised by delivering, or sending notice to Adams Gas Heating and Plumbing at any time within the period of 14 days starting with the date of receipt of this notice. The notice of cancellation is deemed to be served as soon as it is posted or sent or in the case of electronic communication from the day it is sent. If work on the above contract has begun, with your written agreement, before the end of the cancellation period, you may be required to pay for any goods or services supplied.

 

You may use the cancellation form provided below only if you wish to do so.

 

………………………………………………………………………………………………...................................

‘If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to. (Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)

 

To: Stuart Adams t/a Adams Gas Heating and Plumbing

I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) wish to cancel my/our (delete as appropriate) contract

Contract ref:  (internet terms)                                                           

Customer Name:

Customer Address:

Signed:

Name:

Date:

 

APPENDIX B

 

 

Trader Name:

 

Stuart Adams t/a Adams Gas Heating and Plumbing, AGHP, Adams Heating and Plumbing

 

I...................................................................................understand that by accepting commencement of the contract for:……… (internet terms)………… (details of contract & start date) prior to the end of the 14 day cooling-off period beginning on ..30/1/17.....date of consumer receiving the ‘Notice of  the Right to Cancel’)  that I may be required to pay for goods and services provided up to the point of cancellation and/or may be under a duty to restore any goods acquired before cancellation and meanwhile to retain possession of the goods and to take reasonable care of them. I hereby give notice that I wish to waiver my right to a 14 day cooling off period and request that you commence the contract between us right away.

 

Signed …………………………………. (Customer signature)