1. For the purpose of these terms and conditions the following words shall have the following meanings:
(a) “The company” shall mean GAS Safe Heating and Plumbing.
(b) “The Customer” shall mean the person or organisation for which the company agrees to carry out works and/or supply materials.
(c) “The operative” shall mean the representative appointed by the company.
2. The company reserves the right to delay works prior to full payment being made in advance of the works being carried out.
3. The company reserves the right to refuse to undertake or decline work at its own discretion.
4. Where the company agrees to carry out works for the customer then such works shall be carried out by the operative who shall be selected by the company in its absolute discretion.
5. (a) Jobs on hourly rate. There will be a minimum charge of 1 hour for jobs on hourly rate. Total charge to the customer shall consist of the cost of materials supplied by the company to the customer and the amount of time spent by the operative in carrying out the works for the customer.
(b) Any materials purchased for the customer by the company shall include a fee of £30 plus VAT for the time spent in ordering and collecting those materials.
(c) There is a charge of £35 plus VAT for any work that is cancelled within 24 hours prior to the appointment time. A charge of £35 plus VAT will be invoiced for any appointment broken by the customer or the customer’s tenants.
6. The company shall not be under any obligation to provide an estimate to the customer and shall only be bound (subject as hereinafter) by estimates given in writing to the customer and signed by a duly authorised representative of the company. The company shall not be bound by any estimates given orally.
7. (a) Invoices are due for payment immediately on delivery to the customer.
Invoices which remain unpaid (whether wholly or in part) shall carry interest at the rate of 10% above the base rate from time to time of the company’s bankers until payment in full is received by the company. Further administrative charges for time taken to recover a debt shall also be added.
(b) For business customers statutory interest will be charged on late payments, this is 8% above the base rate. Late payment is 30 days from receiving the invoice. Debt recovery will also be claimed at the following rates: Up to £999.99 - £40. £1,000 to £9,999.99 - £70.
£10,000 or more - £100.
8. Where the date and/or time for works to be carried out is agreed by the company with the customer, then the company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the company accepts no liability in respect of the non attendance or late attendance on site of the operative or for the late delivery or non delivery of materials.
9. Where a written estimate has been supplied to the customer the total charge to the customer referred to in the estimate may be revised in the following circumstances:
(a) If after submission of the estimate the customer instructs the company (orally or in writing) to carry out additional works not referred to in the estimate.
(b) If after submission of the estimate there is an increase in the cost of materials.
(c) If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
10. The customer shall incur personal liability to discharge the company’s account unless he discloses to the company at the time he instructs the company to carry out the work and/or supply materials that he is acting on behalf of a third party (including but not limited to a limited company or partnership) and (when the customer has received a written estimate) the name of the third party appears on the written estimate.
11. If the customer shall cancel his instructions prior to any work being carried out or materials supplied then the customer shall be liable to pay the company for any time spent or materials purchased by the company together with the profit that would have been made by the company had the work been carried out and/or materials supplied in accordance with such instructions.
12. Should the customer cancel less than 24 hours before the appointment, there shall be a £35 plus vat cancellation fee.
13. If, after the company shall have carried out the works the customer is not satisfied with the works then the customer shall give notice in writing to the company within 12 months and shall afford the company the opportunity of inspecting such works and where appropriate shall afford the company the opportunity of carrying out any necessary remedial works. The customer accepts that if he fails to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out. The customer agrees to allow the company’s insurers to inspect any work carried out by the company to the customer.
14. The guarantee shall be for labour only in respect of faulty workmanship and for 12 months from the date of completion with the manufacturers warranty in force. The guarantee will become null and void if the work/materials completed/supplied by the company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a company operative.
Where the company carries out works for the customer using materials supplied by the customer no warranty is given as to the merchantability, fitness for purpose or otherwise of such materials and the company accepts no liability in respect thereof.
(c) Warranties and guarantees are not insurance backed. Warranties for individual appliances and parts will be covered by the manufacturer’s warranty. Any labour required to remove and replace the faulty component/s by the company will be chargeable at the company’s hourly rate unless as a result of faulty workmanship by the company.
15. The company will not guarantee any work in respect of blockages in heating pipes, water pipes or waste and drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative.
Work will only carry a guarantee where all work has been completed and payment in full has been made.
The company shall not be held responsible for any damage or defect resulting from work not fully guaranteed or where further work has been advised of but not yet carried out.
The customer shall be solely liable for any situation in respect of Building regulations or gas warning notices.
16. Where the company agrees to carry out work on installations of inferior quality or over ten years old at that date no warranty is given in respect of such work and the company accepts no liability in respect of the effectiveness of such work or otherwise.
17. The company shall be entitled to fully recover costs or damages from any operative/contractor whose negligence or faulty workmanship results in the company being made liable for those damages or rectification of the work.
18. These terms and conditions may not be released, discharges supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the company and by the customer. Further these terms and conditions shall prevail over any terms and conditions used by the customer or contained or set out or referred to in any documentation sent by the customer to the company: by entering into a contract with the company the customer agrees irrevocably to waive the application of any such terms and conditions.
19. Title to any goods supplied by the company to the customer shall not pass to the customer but shall be retained by the company until payment in full for such goods has been made by the customer to the company:
Until such time as title in the goods has passed to the customer:
(a) The company shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of such goods in which title remains vested in the company.
(b) For the purpose specified in (a) above the company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter upon any premises in which goods or any part thereof is installed, stored or kept or is reasonably believed so to be.
(d) The company shall be entitled to seek a court injunction to prevent the customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the customer and until such time as title in such goods has passed to the customer, the customer shall insure such goods to their replacement value and the customer shall forthwith, upon request provide the company with a certificate or other evidence of such insurance.
20. The company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the company shall be entitled to a reasonable extension of the time for performing such obligations.
21. The company shall only be liable for rectifying works completed by the company and shall not be held responsible for ensuing damage or claims resulting from this or any other work overlooked or subsequently requested and not undertaken at that time.
These terms and conditions and all contracts awarded between the company and the customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.
Terms & Conditions for all Service Plans
PERIOD OF AGREEMENT
Payments will be taken each month by direct debit. These payments are inclusive of VAT.
The minimum subscription period is 12 months from the
date of the first payment. Thereafter, your agreement is on-going until you tell us you would like to cancel or if we cancel the agreement. You may cancel the agreement at any time after the initial 12-month period subject to pro-rata repayments for any works already carried out (see Cancellation Policy).
If you have more than one boiler, you will be required to sign up to a separate Service Plan for each boiler.
We will notify you in writing of any changes to pricing or terms and conditions.
Your cover will begin on the date we process your first payment. Please note that for any applications after the 15th day of the month, cover will not begin until the 1st day of the following month. Please note; no claim can be made within the first 30 days of joining.
INITIAL SAFETY INSPECTION
If you wish to join Gas Safe’s Service Plan, a Gas Safe Service Engineer will attend your property to carry out an annual boiler service and system health & safety inspection. We will charge you the standard one-off fee for a boiler service. Gas Safe will inform you after this visit of the suitability of your system for one of our Service Plans. If your heating system is suitable, we will then sign you up to the relevant plan and your direct debits will be processed for your cover to begin. Should any part of your heating system be deemed unsafe or not to the required standards for one of our Service Plans, there will be no further charges made. We will not be able to accept your heating system on to a Service Plan unless the system can be brought up to the required standards. Please note bringing your system up to the required standards could incur further charges which are not covered in the initial boiler service or under any Service Plan you later request.
For larger properties (5 or more bedrooms), or properties with significant numbers of sanitary-ware and/or heating controls, Gas Safe may offer a custom pricing structure to suit.
A Gas Safe Engineer will carry out a full boiler service and system inspection
once a year, usually between April and September 8am – 4pm Monday – Friday excluding Public holidays.
We will inform you via e-mail, telephone or by post when your service is due.
We may cancel your agreement and/or demand repayments if:
You have given false or misleading before we accept you onto a Service Plan.
It is not possible to source the parts to keep your system working safely.
You do not make an agreed payment.
You cancel our direct debit instruction to your bank.
You put our employees’ health and/or safety at risk in any way.
Your home is unfit to carry out work , or the location of any part of your heating system is unsafe to work in.
We make recommendations to carry out works and you refuse to do so.
If we deem the heating system beyond economic repair (see below)
Circumstances arise where we feel that it is no longer appropriate for the contract to .
We retain the right to cancel your agreement at any time should we deem it appropriate.
If you decide to cancel the agreement with us before the end of any 12-month period, we will charge you for the full cost of labour and materials for any works that have been carried out in that period (including any repairs or boiler servicing charges), less the monthly payments you have made up to the date the Service Plan ends.
We require notification in writing from any Service Plan member wishing to cancel giving a minimum of three months’ notice.
SPARE PARTS & REPAIRS
If we do not carry the spare parts your repair requires, we will endeavour to find parts from our suppliers. We offer no guarantees in relation to the time it takes for our suppliers to obtain parts that are not stocked by us and will not be held liable for any delays in obtaining spare parts. We will keep you informed of any delays and problems with the availability of parts.
We may not always be able to replace parts like-for-like and therefore may use an approved alternative or standard range of replacement products. For example, parts may not always be the same design or colour as the original.
Should we find any boiler parts to be obsolete we will not be able to carry out the associated works and we will instead provide a quotation for a replacement boiler.
If there are 3 or more repairs required on a boiler within any 1-year period, it will be deemed beyond economic repair, or if a boiler will cost in excess of £400 to repair, it will also be deemed beyond economic repair. In such circumstances, Gas Safe will provide a quotation to replace the boiler with a discount applied.
Any plumbing & heating work will always be carried out by one of our fully qualified engineers.
USING PERSONAL INFORMATION
We will always endeavour to handle your data in compliance with the General Data Protection Regulations (GDPR) and will store any data in a secure server.
Information you provide may be used by us to identify you when you contact us but only when information is volunteered to us, to assist us with accounts, services and products we have provided before, now & in the future
We will retain your information for accounting purposes and as long as legally required and will send you reminders when you have services due. We may also send you information when your engineer is en-route.
If at any time in the future you wish for your information to be removed from our systems, please speak to our office.
We may also monitor and record communications with you (including telephone conversations and e-mails) for quality assurance, legal, regulatory and training purposes.
Callouts under these Service Plans DO NOT include Public Holidays.
An engineer will normally be with you within 48 hours of your request for a call-out if attendance will fall outside of our normal working hours. This may not apply in extreme weather conditions.
Please note the 1.00pm deadline under the Bronze Service Plan for same day call out in normal working hours is Mon-Fri only.
The same day call-out is only offered on bronze and excludes weekends and public holidays
We will meet our responsibilities under any Service Plan within a reasonable time, unless we are unable to do so because of circumstances beyond our control, we will not be responsible for delays caused by our suppliers and/or their agent.
Attendance does not guarantee a same day repair, we may only be able to make safe or diagnose faults for a return visit not necessarily on the same .
Should the company go into liquidation, all payments will cease to be taken and all contracts will immediately be cancelled.
Inherent defects or inadequacy to the original design of the system /appliance(s) and consequential damage or loss arising from these inherent defects.
Any unidentifiable sounds or noises from the plumbing heating or drainage systems.
Any damage that does not affect the working or operation of the system, including dented pipes or radiators, missing radiator caps, covers or cosmetic damage to any part of the system.
Items installed outside or in a corrosive area i.e. above a kettle, oven or in a bathroom.
Any defect such as broken or damaged boiler casings, decorative surrounds and/or retaining clips.
Any radiator covers or grilles and side panels.
Any defects or damage caused through malicious or wilful action, negligence, or third-party interference or accidental damage of any nature.
Any defect or damage caused by fire, lightning, explosion, flood, storm, acts of God, tempest, frost impact, acts of terrorism, earthquakes or volcanic eruptions. This includes pipes that require defrosting in extreme cold weather.
Removal or dismantling of kitchen or other types of cupboards and furniture to gain access to part or all of a system including boilers, cylinders, controls and pipework.
Inaccessible pipework, wiring or flues buried in the fabric of the building including underfloor heating and its components.
Boilers and pipework in lofts or unheated areas without suitable protection and insulation.
Any defects to the appliance or heating system that would not meet current legislation, including building regulations or Gas Safe Regulations.
Any defect or damage occurring from a failure of the public electricity, gas or water supplies
Any increased cost of utilities, loss of water services, loss of earnings, or any retrospective cost for items.
Any works to spas or swimming pools, including heating systems supplying a swimming pool.
Topping up the pressure on your boiler, adjustments to time and temperature controls, including resetting the controls or replacing failed batteries.
Replacement or repair of unvented hot water cylinders, thermal stores, air or ground source heat pumps, solar panels and solar heated water cylinders and their controls, fan convectors.
Repairing or replacing the flue including the flue terminal.
Damage caused by aggressive water, system contamination, lime-scale, sludge or other debris in the .
Any damage caused by or to radiators that leak due to corrosive water or a corrosive atmosphere such as a W/C or bathroom.
Power-flushing, removal of sludge, lime-scale and other debris in the system.
Replacement of decorative parts, towel rails, and low surface temperature, electric and designer/decorative radiators, including any associated valves.
Decorative radiators include vertical, column, cast iron and curved radiators or any similar non-standard designs, these will be quoted for separately and may incur further charges.
Concealed plumbing/cisterns, plumbing pipework exceeding 28mm in bore, mains water pipes, lead pipe, main sewer pipes and any shared drainage.
Blockages to waste pipes caused by irresponsible use including but not limited to: Sanitary towels, kitchen roll, blue roll, nappies, cooking oil/ fat.
Showers, shower pumps, sanitary-ware units, this includes electric shower units, water softeners, system filters, water meters, macerators, waste disposal units and scale reducers.
Leaks caused by failed grouting or sealants.
Removal and replacement of tiling and other decorative materials.
Rainwater pipes and guttering.
Replacement of cast iron soil stacks and waste pipes.
Condense pipes incorrectly terminated.
Discharge pipes incorrectly terminated.
Any issues not covered under a Service Plan and that require attention. These will be quoted for separately and may incur further charges.
These Terms and Conditions are for the Service Plans only and do not supersede our main Terms and Conditions that can be found above.
Terms & Conditions for Boiler Bundle Deals
These terms and conditions do not supersede any of Gas Safe Heating and Plumbing Ltd.’s terms and conditions and relate solely to the boiler bundle deals as illustrated on our website and other literature.
These Terms and Conditions are for the boiler bundle deals only and do not supersede our main Terms and Conditions that can be found above.