Terms and Conditions
1.1 For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Warm Property Services Ltd.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
(c) The “Engineer” shall mean the representative appointed by the Company.
(d) ‘Order’ means the contract between you and us for the works specified.
(e) ‘Installation’ means the supply of the equipment and the work required to install the equipment into the property as described on the order or the
services as described on the order.
(f) ‘Property’ means the property specified in the Order.
(g) ‘Price’ means the price for the works as set out in the Order.
2..1 The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the engineer of the Company at its absolute discretion.
Hourly Rate Work
3.1 The total charge to the Customer shall consist of; the cost of materials supplied by the Company & the amount of time spent by the engineer in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates.
3.2 A minimum of one hour will be charged on all jobs, thereafter work is charged in 30minute increments. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls, breaks etc. is non-chargeable. VAT will be charged at the relevant rate if applicable.
4.1. Estimates are valid for fourteen days from the date of the estimate.
4.2 The estimate is for carrying out the scope of works described in the estimate. Unsighted exceptions excluded.
4.3 A quotation for the Price of the Installation shall be provided following a survey of the Property. The quotation will become an Order when you have agreed to the written quotation, either verbally or in writing (including email and text message), and we have confirmed acceptance of your order and your deposit (if applicable) has been received.
4.4 If you wish to vary the Contract please contact us immediately. It may not be possible to accept all variations if we have already incurred costs in relation to the Contract. We shall notify you of any change in the Price as a result of the variation.
4.5 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 (whether verbally 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 price of materials or VAT.
(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.
(d) if after submission delays are caused by the Customer, or third parties or other contractors and further visits are consequentially required.
(e) if after submission, problems arise or additional works are required from unsighted exceptions.
(f) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
4.6 The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
5.1 Where possible the Company will try to carry out emergency works in one visit however the Customer should not expect that the job will be completed in one visit, or on the same day because not all parts/materials may be available and return visits may be required.
5.2 Where the date &/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 Engineer shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Engineer or for the late or non-delivery of materials or the delivery of defective materials.
5.3. 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 & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
6.1 The Price of the works includes; -
(a) The cost of the equipment, parts, labour, delivery and any other additional costs specified on the quotation including value added tax at the current ra
at the date of the Installation; and
(b) The cost of removing and disposing of any redundant equipment removed from the Property during the Installation.
(c) The Price does not include the cost of making good any disturbances, alterations or damage or any redecoration required to the Property following completion of the Installation.
(d) If additional work is necessary during the installation which could not have been reasonably identified at the time the survey was carried out, we will provide you with a quotation for this additional work. If you request us to proceed with the additional quotation the cost of the additional equipment
and/or work shall be due from you under the Order, if you do not request us to proceed with the additional quotation, we will use reasonable
endeavours to conclude the original quotation, but we will not be liable for any diminished performance or functionality of the installation.
(e) Any equipment installed or to be installed in the installation will remain our property until we have received the Price.
7.1 The Customer shall be liable for the condition/status of the property including existing pipework, services, appliances, sanitaryware, brassware; as well as heating, hot water, electrical and air-conditioning, waste and drainage systems and is responsible for disclosing any existing issues, faults or defects which may affect any surveys, estimates, or works.
7.2 The Customer is also liable for the status of any health and safety obstructions, obstacles, hazard or similar including asbestos, lead paint, and glazing.
7.3 The Customer must ensure the description of the scope of works is satisfactory before placing the order.
7.4 The Customer must clearly identify positions/sites for equipment/appliances for example boilers, flues, pipework, radiators, sanitaryware etc. If the customer does not identify positions/siting then Warm Property Services Ltd will install and position items based on their judgement, and if the customer is not satisfied with the position/siting the Customer is liable to pay for the initial works and subsequent changes.
8.1 We shall carry out the Installation in accordance with the Contract and any specifications which have been agreed in writing between you and us and shall exercise reasonable care and skill in carrying out the Installation and make every effort to ensure that the Installation and the equipment used in the Installation will be of satisfactory Quality.
8.2 We will: -
(a) Leave any plasterwork and/or brickwork disturbed during the installation in a safe, weather-tight and secure condition.
(b) Take reasonable care to avoid dirtying or causing unnecessary disturbance to the Property and shall leave the area in which the engineer has been working in a clean, tidy and safe condition; and
(c) Remove and dispose of any equipment or materials belonging to you which are to be replaced by equipment supplied in connection with the Installation (except any equipment or materials containing asbestos). If we do dispose of any of your equipment or materials, we will not be liable to pay you for them.
8.3 When installation has been completed we shall: -
(a) Check to ensure that it is operating correctly and set any relevant controls to their optimum settings;
(b) Provide you with the manufacturer’s instructions for the equipment and instructions on how to operate the controls;
(c) Register the warranty with the manufacturer (if applicable) confirming that the installation has been carried out in accordance with all relevant laws
(d) Provide any certificates relating to the installation including electrical certificates, which must be provided to you by law.
9.1 We shall contact you to agree a date to carry out the Installation. If we are unable to carry out the Installation on this date, we will contact you to agree an alternative date. We will not be liable for any costs or loss of income that you may incur as a result of any changes of date.
9.2 Our engineers will require access to the property to carry out the Installation. If we cannot gain access to your property on the agreed date, an additional charge may be levied, and we will contact you to arrange another appointment. In the event of continued failed attempts to gain access to your property, we may cancel your order.
Invoicing and Payment
10.1 The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate, the name of the third party appears on the written estimate.
10.2 Invoices are due for payment immediately upon delivery to the Customer.
10.3 Any part of that invoice which remains unpaid shall carry interest at the rate of 3% over the base rate until payment is received in full by the Company. Non-payment of the invoice or any part of the invoice may result in mediation and/or legal action.
10.4 For works over £300.00, 20% will deposit will be required with the order, and the balance on completion of works. The Company will not disclose material or base costs unless by prior agreement.
10.5 We reserve the right to request payment of the price in full at any time prior to completion of the installation.
10.6 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.
11.1 You may cancel your Contract (unless the installation has already commenced) within 14 days from commencement of the Order by writing to us by post at Warm Property Services Ltd, 7 Russell Crescent, Maulden, MK45 2AY or email and quoting your customer reference number. If sending the notice by post the Customer is advised to send it by recorded delivery and have proof of posting. The cancellation period begins when the contract is entered into and ends at the end of the 14 days after the day on which the contract is entered into.
11.2 If you cancel the Contract once the date of the installation has been agreed (except where we are in breach of our obligations) we will be entitled to fair and reasonable cost including materials equipment purchased or order fee re stock charge purchase price for non-returnable items including but not exclusive contribution towards any losses or costs that we suffer as a result of your cancellation.
11.3 If the works commence during this cancellation period, then the Customer shall be liable for any related expenditure up to the date of cancellation, together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
11.4 If the service has been fully completed during the cancellation period you will have lost your right to cancel.
11.5 Emergency or Same-Day Attendance Cancellations—Failure of the Customer to notify the Company that they wish to cancel the attendance/works/ will result in a charge equal to the Company’s day rate plus VAT, if applicable, together with the cost of materials supplied in accordance with such instructions. Cancellations must be made in writing and the Company will accept cancellations by letter, text, personal visit (to deliver a notice or letter) or email. Notice of cancellation is required within 2 hours from the attendance request. On arrival, the first hour charge fee will apply regardless of whether the Company is still required.
Warranty & Guarantee
12.1 The Customer shall inspect the work as far as is reasonably possible immediately after completion and shall within seven days give written notice to the Company in detail of any grounds on which he/she alleges that the work is not in accordance with the estimate. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. 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
12.2 The Company guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion. Materials supplied by Warm Property Services Ltd will be covered by manufacturers' warranties. The Company guarantee will become null & void if the work/appliance 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.
(c) The Company will accept no liability for, or guarantee suitability; materials supplied by the Customer & will accept no liability for any consequential
damage or fault.
12.3 The Company will not guarantee any work in respect of blockages in waste & drainage systems etc.
12.4. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise. Connections to existing pipework, services, fittings, water tank systems, sanitaryware, brassware, sinks, and existing flue or condense installations are made at the customer’s risk. The Company will accept no liability for, or guarantee suitability; existing services, appliances or equipment supplied by the Customer & will accept no liability for any consequential damage or fault.
12.5. Materials Supplied by the Customer. The Company will accept no liability for, or guarantee suitability of, materials supplied by the Customer & will accept no liability for any consequential damage or fault. All materials and fittings supplied by the Customer must have been checked by the Customer in advance of the commencement of works and must be on site at the commencement of works.
13.1 The Installation of a new boiler includes up to a 12-year manufacturer’s boiler warranty (for any gas/oil boiler dependent on your individual order ‘boiler warranty’) from the date of the installation.
13.2 Should you require an engineer’s visit as part of any warranty claim (against the manufacturer ) call 07716 478794 or 01525 839342.
Exclusions and Liability
14.1. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
14.2 The Company will not guarantee any work undertaken on instruction from the Customer & against the written or verbal advice of the Engineer. Work is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made.
14.3 Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed. The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
14.4 Work will not carry a guarantee where the Customer has been notified by the Engineer either verbally or indicated in ticked boxes or in comments/ recommendations of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued.
14.5 Exclusions of all works other than specified in our quotation will be at additional cost for which a quote will provided.
14.6 If we are found liable to pay you compensation or damages due our breach of contract and or negligence or other tort then you agree that our liability to you will not exceed the price paid under this contract.
14.7 Nothing in the conditions affects any statutory rights that you may have or excludes or limits any liability for death or personal injury resulting from our negligence or for fraud or any other liability which cannot be excluded or limited by law.
15.1 We will process your information to enable us to carry out your order and for administration of the contract (including debt collection), risk assessment, marketing, and the offering of any of our group company’s products or services (unless you have opted out), market research, after sales service, system testing, analysing your account history and to detect and prevent fraud. Your information may be disclosed to our employees, agents, service providers, group companies and assignees for these purposes.
15.2 We may share your information with relevant trade bodies (including Gas Safe Register) and all other associated bodies who may need to pass this information on to the relevant body to comply with Building Regulations or other regulatory requirements and/or to carry out the installation and any after sales services.
16.1 Any Customer complaints will need to be made in writing and the Company will aim to acknowledge the complaint within 5 working days and actively seek to resolve complaints within 28 days although some complaints because of their complexity may take longer. All complaint outcomes will be recorded and monitored. These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17.1 These terms & conditions may not be released, discharged, supplemented, interpreted, varied, or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & 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 a contract with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
17.2 If on any occasion either you or we agree to take no action against the other even after the other has failed to comply with these conditions, that party should not assume that the other will do the same on another occasion.
17.3 We may vary these conditions at any time and shall notify you of such change as soon as is reasonably possible. Where the variation is of significant disadvantage to you, you may cancel the Order by notifying us in writing within 14 working days after we have sent you the notification of the variation. The variation shall not apply to an Order which has been cancelled. All deposits and pre-payments paid to us by you shall be refunded as a result of such cancellation unless the date for installation has been agreed by you. If you cancel the order after the date for installation has been agreed by you, the provisions of condition 11.2 shall apply.
17.4 Other than you, we do not intend that any other person can benefit from the order.
17.5 The Conditions and the Order between you and us are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
17.6 If any of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other terms and conditions shall not be affected.