Terms & Conditions
1. Confirmation of Goods and Services/Price & Payment
1.1 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.
1.2 The Company, having discussed with the Customer the requirements for the installation of the heating products as listed on the order form or quotation, may need to carry out a survey to take detailed measurements and/or specifications and any Contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work detailed on the Contract should it’s surveyor(s) think fit to do so. Should this action become necessary, the liability of the Company in these circumstances is limited to the refund of any deposit paid by the Customer and these sums will be returned immediately.
1.3 Any changes in materials and/or specification from those detailed in the schedule on the sales order form or quotation will only apply when supported by written agreement which must be signed by both parties – i.e. “the Company” and “the Customer”.
1.4 A deposit payment is required of 25% of the total invoice value prior to works being started. A further payment of 25% will be due on the completion of the 1st fix of primary pipe-work when applicable where a job takes more than 5 working days to complete. Payment of the Contract balance is due immediately upon completion of the work to your reasonable satisfaction and a pre-authorisation of the final balance will be made to your card at the time of booking your installation. When payments have been made to the Company’s agents 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 favour 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 interest at 2% over Bank base rate on any overdue balances 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 warranty shall be null and void if payments are not made on the due dates and the above conditions not adhered.
1.5 If the Customer has entered into a Credit Agreement via the Company’s nominated finance providers, the terms of their agreement will apply as part of this Contract. If the Credit Agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the contact balance will become immediately payable. This does not affect your statutory rights.
1.6 The Company shall be entitled to adjust the price payable by the Customer to reflect any subsequent changes to the rate to VAT.
1.7 Due to the Company’s policy of continuous improvement, the Customer shall have the benefit of any modification the Company may make to its products and procedures albeit these changes may be made without prior notice to the Customer. All illustrations within the Company’s literature and that of its suppliers are subsequently intended as a guide only.
1.8 Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice to their strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.
2. Utility Provider and Gas Safety
2.1 It is responsibility of the Customer to ensure a suitable gas supply and meter is available to the relative property. Where this is not the case the Customer will need to organise a supply via the utility provider or any other suitable pipeline provider. A gas meter will also be required, which will need to be arranged separately with a gas supplier. In the event of the Customers property using LPG or oil, then a suitable compliant tank or other means of storage will be required. A safe and suitable electrical supply will be required at the property. Any costs incurred for the same are to be borne by the Customer and are in no way part of this Contract unless specifically included within the Contract.
2.2 As part of our responsibility as Gas Safe Registered Engineers, the Company is required to connect any new gas appliance to a gas supply that is safe and sound. Consequently the Company will need to carry out a gas soundness test on the first day of installation of any new boiler or heating system. Should there be any leak or defect within the existing gas pipe-work the Company would have no alternative but to condemn the supply, or take steps to make the supply safe as necessary or re-pipe the supply prior to the installation work being carried out. Although a fairly rare occurrence, any such work is totally unforeseen and will have to be charged as an extra amount to that stated on the Contract. The Company will make the Customer aware of these costs prior to commencing any of the works to rectify these defects. The Customer can use another suitably qualified Gas Safe Registered Engineer to complete these works however the Company will not be able to continue the works agreed on the Customers order form until that work is completed. If the Customer delay or decide not to proceed with the work required to make the gas supply safe then the Company may cancel this Contract without liability but if it does so, the Company will refund the Customer any deposit or other amount paid by the Customer in advance less the reasonable costs the Company has incurred whilst completing works prior to termination.
3. Delivery Timescales
3.1 Delivery/installation timescales are approximate and shall be deemed to commence with effect from settlement of all details of the order and receipt of payment of any deposit where applicable and are made subject to fires, strikes, lockouts, staff illness, or a market shortage of particular models and parts, particularly when pertaining to old or obsolete parts and any other cause beyond the reasonable control of the Company interfering with its execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract.
3.2 The Company will carry out the work during normal working hours Monday to Friday, but may on occasion need to use a reasonable amount of overtime to achieve completion. It is a condition of this Contract that the Customers approval to such overtime is granted although the Company will endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by the Customer, other than any special arrangement charged for and agreed on the sales order form, it may be necessary for the Company to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing. The Company will need access to the relative property at all reasonable times whilst the work is being executed and would expect free use of water, electricity and gas to enable us to complete the work in accordance with this Contract.
3.3 Termination due to Delay: The Customer has the right to terminate this Contract without reason and at no cost at any time before actual delivery of the goods to your home and during a limited period following delivery. The Notice of Cancellation Rights is included in clause 11 and this sets out full details of these rights and how the Customer can exercise them. In addition, if the Company fail to deliver the goods and complete the services by any dates agreed with the Customer then, provided that the delay is not as a direct result of any breach by the Customer of any of their obligations under this Contract (such as the Customer failing to allow the Company access to their home) and/or due to circumstances beyond the Company reasonable control, the Customer may request in writing that the Company complete all deliveries and services within a further reasonable time period. If the Company then fail to complete all deliveries and services within the reasonable time period specified by the Customer, the Customer will then have the option to terminate this Contract due to the Companies breach.
3.4 In the event of suspension or cancellation of the work at the request of the Customer, or lack of instructions or delay on site caused by matters beyond the control of the Company, any extra expenses thereby incurred losses suffered shall be chargeable to the Customer along with a reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.
4. Access to Your Home/Installation & Liability for Damage
4.1 Whilst every care will be taken by the Company it accepts no liability for any damage to plaster work, decorations, flooring, etc. which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) on the sales order form. Cuts or holes made to allow for equipment may be made good but not permanently finished or redecorated. If the Company agree to make good decorations or plastering then the Company will make the Customer aware of this in writing. Floor boards will be reinstated or replaced where necessary and may not sit true to their original profile, also, removing and relaying floors may cause noise and squeaks dependant on the original material. Special and/or laminated floors and woodchip floors cannot be permanently re-fixed. Any carpets which have to be lifted will be re-laid to the best of the engineer’s ability, however the Company cannot be held responsible for carpets which have been nailed or glued down. It should be anticipated that an amount of redecoration may be required and this will be the Customers responsibility and is not included in the price. Similarly the Company accepts no liability for structural defects. The Company will not be liable for any damage to the Customers home which is caused as a direct result of structural defects or weaknesses at the Customers home unless: (a) that damage is caused as a direct result of a breach by the Company of this Contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to the Company upon a reasonable visual inspection of the area in which the services are to be performed prior to the Company commencing work (although for the avoidance of doubt, the Company will not be obliged to carry out a detailed structural survey of the Customers entire home nor any inspection of any parts not immediately visible to the naked eye, for example, any pipes buried under floorboards).
4.2 Where brickwork, stonework or other masonry has to be made good. e.g. original flue position from old boiler, the Company is unable to provide a match for the existing materials due to restrictions on availability and effects of weathering over the years. Wherever possible the Company will endeavour to provide a similar finish. Should the Customer wish to provide his/her own materials for matching purposes, the Company will make an allowance in the calculations of the price agreed.
4.3 As it is necessary that all pipes are accessible the Company will not normally bury them in solid floors, underground or walls and pipes will be exposed in these situations. Boxing in of pipe-work is not included unless specifically detailed.
4.4 The cold water flow rate shown on the Contract is measured using a flow measuring device in litres per minute at the time of the initial visit by our Sales Surveyor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken.
4.5 It is the Customers responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained from the relevant party, including, but not limited to those pertaining to listed building and that existing property boundaries are correctly defined.
4.6 The Customer must provide the Company with free access to his/her home to enable it to deliver the goods and carry out the services. The Customer must also provide the Company with free access to water, electricity and gas for such purposes.
4.7 Once any goods have been delivered to the Customers home the Customer will become liable for any loss or damage to those goods unless such loss or damage was caused by the Company itself or as a result of the Customer carrying out a reasonable and careful inspection of those goods to confirm that they comply with the requirements of this Contract.
4.8 Where chemical cleaning or a Powerflush™ of the Customers system is required or when the Customer buys a chemical clean or a Powerflush™ from the Company then this means that the Company will clean the Customers system with either of these methods, including radiators and or system pipe-work. The Company will make the Customer aware of which of these methods have been purchased in writing. A chemical clean of the system and radiators and a Powerflush™ are methods used by the Company to remove contaminants from the Customers heating system, radiators or system pipe-work that may damage the boiler. The manufacturer may recommend either of these methods of cleaning prior to installation and the Company will follow these recommendations as a minimum requirement. Either of these methods are in no way a guarantee of removing any blockages in the system, system pipe-work or radiators that exist prior to the cleaning process and the Company accepts no responsibility for any blockages caused by contaminants in the heating system, system pipe-work and radiators. More information on Powerflushing™ and chemical cleaning and their limitations can be found by visiting: www.powerflushassociation.com
5. Dangerous Materials
5.1 The price the Company quote does not include the cost of removing any dangerous waste materials, such as asbestos, that the Company could not reasonably identify when the Company gave the Customer the quote. The Customer can call a specialist contractor to remove these dangerous materials or the Company may be able to arrange for them to be removed at an extra cost. When asbestos is removed the Customer will need to produce a ‘site clearance for reoccupation’ certificate, which can be obtained from the asbestos removal company, before the Company can continue to work at the property.
5.2 The price the Company quote includes removing all non-dangerous materials, including the Customers old boiler and central heating parts which will become the property of the Company upon removal.
5.3 If there is any significant delay in the Customer arranging for the removal of any such dangerous materials from the Customers home then the Company will be entitled to terminate this Contract and should it do so, the Customer must pay to the Company a reasonable proportion of the overall price to reflect the goods and services which the Company have already provided prior to termination.
6.1 All new central heating systems/upgrades carry a minimum 2 year parts and labour installation warranty from the date of installation. The warranty applies only to your new boiler, its timer and controls and/or radiators/towel rails (if applicable) and does not extend to cover the Customers existing wider central heating and plumbing system and pipe-work, drains, poor system design and blockages to pipe-work, including but not limited to central heating primary or secondary pipe-work which is blocked by debris and cannot be cleaned during the Companies chemical cleaning or powerflushing™ methods or any components not supplied by the Company such as existing radiators, pipe-work, showers, taps etc. or the drains at the Customers home. Whilst the Company will endeavour to advise the Customer of any potential problems or issues with the existing system which are obvious on a visual inspection of the easily accessible parts of that system prior to commencing work, the Company will not be obliged to carry out a detailed inspection of all parts of that system (for example, of any pipes buried under floorboards) and all installations are carried out by the Company on the assumption that the Customers existing system is and will be maintained by the Customer in a satisfactory condition. Unless directly caused by a breach by the Company of this Contract, the Company will not be responsible for repairing any faults or issues which may develop in future with the Customers existing system and/or drains and/or for any loss or damage which may be caused by the Customers existing system and/or drains.
6.2 Where products are connected to existing hot & cold water pipes, showers, tanks, or cisterns, the installation is based on the assumption that the existing plumbing system is in satisfactory condition. Unless otherwise stated in the Contract, the warranty does not cover drains or defects due to fair wear and tear, the replacement of lamps/ bulbs and fuses or any causes beyond the Company’s control. If any repairs, alterations or additions to the equipment, installation and/or apparatus are carried out by a person who has not been authorised by the Company, the warranty may be rendered null & void.
6.3 Unless stated otherwise in ‘Any Special Financial or Processing Arrangements’ all gas boilers supplied and installed by the Company carry a minimum 2 years, Manufacturer Backed, Parts and Labour Warranty. All warranties are subject to annual service history. Please see the manufacturer’s terms and conditions booklet for further information. 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 documentation must be made available to the Company or the supplying manufacturer or its agents and or Engineers. Proof of annual service will validate the boiler warranty throughout period. It is the customers responsibility to arrange the annual service.
6.4 New radiators or towel rails and radiator valves where supplied and installed by the Company as part of a new central heating system or system upgrade are covered by the Company's comprehensive 1 year parts and labour warranty from the date of installation. Where a customer's existing radiators and radiator valves are being utilised and connected to, they will not be covered under the standard warranty and the Terms and Conditions of Clause 6.1 will apply. Separate rules will be applicable if one of the Company’s extended warranty schemes is applied on the date this Contract is signed. Copies are available on request. Thermostatic Radiator Valves will be fitted where applicable and required in accordance with current Building Regulations and/or ‘CHeSS’ recommendations for Best Practice in Housing Energy Efficiency. (‘CHeSS’ = Central Heating System Specifications).
6.5 Certain showers are compatible with both mains pressure and gravity fed water systems and will operate with either Conventional or Combination Boilers. However, there are literally hundreds of brands and models of varying ages installed which are not always easily identifiable. Some of these are specifically designed to suit the existing system and are not interchangeable. Although our representatives will endeavour to advise accordingly, the Company cannot be held responsible should an existing shower be incompatible on connection due to age or type or in the way the original item has been installed.
6.6 All controls will be covered by the manufacturer’s warranty and will vary. Please check the manufacturer’s terms and conditions. The Customers warranty will not cover re-setting, changing time programming, re-synchronising the Customers device (where applicable) or making any adjustments to the Customers control(s). Any visits made to the Customers property which do not relate to a fault on the Customers control(s) will be chargeable at the Company’s current rates at that time. The Customer can enquire about any costs to re-program or re-synchronise your controls by calling the Company.
6.7 In order to benefit from the above warranty the Customer must also ensure that they operate the boiler at all times in accordance with the manufacturer’s instructions. Where the Customers boiler is a combination boiler the Customer should be aware that if more than one tap or outlet is used simultaneously water flow rates will be reduced , this is a characteristic of all combination boilers and is not a fault.
7. Exclusions to Warranty Claims
7.1 Neither the Company nor the manufacturer of the Customers boiler, its timer and control(s) and/or radiators/towel rails (if applicable) will be liable to the Customer, whether under this Contract or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault or problem arises as a result of: (a) any failure by the Customer to comply with their obligations set out above regarding the operation, inspection and servicing of their boiler (or should the Customer be unable to produce evidence that their boiler has undergone an annual service and inspection) and/or the Customer failing to notify the Company of any warranty claim as soon as reasonably possible; (b) any deliberate damage or vandalism; (c) damage caused by circumstances outside of the control of the Company including showers or radiators or any other item connected to the Customers heating or hot and cold water system or drains which has not been fitted by the Company or in accordance with the manufacturers conditions by a third party, prior or after works have been carried out by the Company or from structural problems at the Customers home; (d) any damage caused by any third party carrying out work on the Customers boiler and/or radiators/towel rails (if applicable) other than where such third party was acting at the request of or on the behalf of the Company and/or the manufacturer of the Customers boiler and/or radiators/towel rails (if applicable); and/or; (e) any variation in the water flow rate to the Customers home (as such rates can fluctuate dependent on the time of day and the age and condition of the water supply to the Customers home). Further, the replacement of any lamps or bulbs fitted to the Customers boiler are also excused from this warranty as is any replacement or repair of timers and control(s) after the expiry of the warranty period for those as detailed in clause 6.3.
7.2 The above warranty applies only to the Customers new boiler, its timer and control(s) and/or radiators/towel rails (if applicable) and does not extend to cover the Customers existing wider central heating and plumbing system and pipe-work, drains, poor system design and blockages to pipe-work, including but not limited to central heating primary or secondary pipe-work which is blocked by debris and cannot be cleaned during the Company’s chemical cleaning or power-flushing™ methods or any components not supplied by the Company such as existing radiators, pipe-work, showers, taps etc. or the drains at the Customers home. Whilst the Company will endeavour to advise the Customer of any potential problems or issues with his/her existing system which are obvious on a visual inspection of the easily accessible parts of that system prior to commencing work, the Company will not be obliged to carry out a detailed inspection of all parts of that system (for example, of any pipes buried under floorboards) and all installations are carried out by the Company on the assumption that the Customers existing system is and will be maintained by the Customer in a satisfactory condition. Unless directly caused by a breach by the Company of this Contract, the Company will not be responsible for repairing any faults or issues which may develop in future with the Customers existing system and/or drains and/or for any loss or damage which may be caused by the Customers existing system and/or drains.
8. Aqua Shield – Our Responsibilities
8.1 If the Company breaches any of its obligations owed to the Customer then the Company accepts responsibility for any loss or damage which the Customer may suffer as a direct result of its breach and which was reasonably foreseeable on the date on which the Customer signed the order form. The Company does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) or which was not reasonably foreseeable on the date on which the Customer signed the order form. Further, the Company does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of the Customer breaching any of their obligations under this Contract (for example, if the Customer fail to provide the Company with access to his/her home to enable it to perform the services) and/or due to circumstances beyond its reasonable control.
8.2 If the Customer suffer any loss or damage for which the Company is responsible then the Customer must afford the Company a reasonable opportunity to remedy the problem (for example, by allowing the Company access to the Customers home to repair any damage for which it is responsible) and the Customer must take reasonable steps to minimise or avoid any loss or damage which the Customer may suffer as a result of the Company’s breach of this Contract. The Company will not be responsible for any loss or damage which the Customer fails to afford it a reasonable opportunity to put right and/or which could have been avoided or minimised by the Customer taking reasonable steps which the Customer failed to take.
9. Variations to these Terms & Conditions
9.1 Other than in the limited circumstances detailed in these terms and conditions where the Company may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between the Customer and the Company in writing. The Company may assign or sub-contract some or all of its rights and obligations under this Contract from time to time but any such assignment will only be in circumstances which do not prejudice the Customers rights under this contract.
10. Our Rights to Cancel an Agreement
10.1 If the Company believes that any of its employees are at any risk whatsoever then the Company reserve the right to withdraw from the Contract immediately. This includes exposure to any threats of violence, racial harassment, bullying or any other unsocial behaviour. If the Company believes that our Company’s reputation may be harmed by engaging in any such works which the Company could not reasonably foresee at the time of entering in to a Contract, then the Company reserve the right to withdraw its services.
11. Effect of Cancellation
11.1 If the Customer cancels this Contract in accordance with their rights above then the Company will collect at its own expense any goods which have already been delivered to the Customers home by the Company and the Company will reimburse the Customer without delay for any payments which the Customer has already made to the Company under this Contract. However, the Company may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to the goods whilst at the Customers home provided that such loss or damage was not caused by the Company or as a result of the Customer carrying out a reasonable inspection of those goods to confirm they were as ordered; and/or (ii) any payment which the Company may be entitled to as referred to above for services performed at the Customers request during the 14 day cancellation period. If the Customer has not yet made any payment to the Company prior to the Customers cancellation then the Company will have a right to recover payment of either of these amounts from the Customer. If the Customer cancels this Contract outside of the 14 day cancellation period then the Customers deposit will not be refunded. Any goods that have already been delivered to the Customers home as part of the Contract with the Company, that need to be collected will be subject to a reasonable collection and re-stocking charge and will reflect the costs associated with the Company arranging a courier and the costs, by the Company’s suppliers to re-stock the parts where allowed.. The collection and re-stocking charges will be in addition to any deposit payments made and the Company has the right to recover these payments from the Customer. You can find the Company’s cancellation form at the back of this document (Appendix 1).
11.2 The Customer has the right to cancel this Contract within 14 days without giving any reason, this cancellation period will expire 14 days after the date on which the Company has delivered the goods which are the subject of this Contract to the Customers home. To exercise this right the Customer must make/send a clear statement to the Company within this 14 day period that the Customer wishes to cancel , to meet this deadline it is sufficient for the Customer to make/send their statement of cancellation within this 14 day period. The Customer may use the form below to exercise their right to cancel but use of that form is not obligatory.
12. Right to Waiver Cancellation Policy
12.1 Where the Customer instructs the Company to commence works before the 14 day cancellation period expires; .i.e., an urgent boiler repair or boiler installation then a right to waiver the Customers statutory cancellation period is applied to this Contract and the Customer agrees to waiver the 14 day cancellation period. After agreeing to the right to waiver, if the Customer later decides to cancel the works or services within this period then any deposit payment will not be refunded and the Company may charge the Customer a reasonable amount to cover the re-stocking of parts and where appropriate a lost booking fee to cover the hours booked to the Customers job where the Company cannot fill these time slots with replacement works. If the Company attend a pre-booked service or repair to the Customers property and cannot gain access within the time slots agreed with us then an abortive fee of £25 including VAT will be charged.
13.1 The Company will always aim to do its best, but unfortunately there may be times when things go wrong. If the Customer has a complaint about any part of the Company’s service or the products please telephone us on 01482 802748 or write to us at: Aqua Shield GB Limited, 371 Anlaby Road, Kingston Upon Hull, East Yorkshire, HU3 6AB. The Company will try to deal with the matter immediately but if the Company can't then it will keep the Customer regularly informed about the progress of the investigation. If the Customer is unhappy with the Company’s final response, or if the Company has not been able to complete the investigation within 8 weeks of the Company receiving the Customers complaint, the Customer can seek free advice from your local trading standards office or visit www.tradingstandards.gov.uk, or as a Which? Trusted trader the Company use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and the Customer wishes to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929
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371 Anlaby Road,
This document was last updated on July 30, 2015