Contract: the contract that is formed between you and Us in accordance with paragraph (c) in the “Our contract with you section” below;
Goods: the goods that We are selling to you as set out in the Quotation;
Quotation: the quotation for the Goods and/or Services attached to these Terms;
Services: the services that We are providing to you as set out in the Quotation;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Hassle Free Boilers Limited, of Ecovision House, Kemble Airfield Enterprise Park, Gloucestershire, GL7 6BQ
Our contract with you
(a) These are the terms and conditions on which We supply Goods and Services to you.
(b) Please ensure that you read these Terms carefully, and check that the details on the Quotation and these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact Us. We will confirm any changes in writing to avoid any confusion.
(c) These Terms will become binding on you and Us when we you sign and submit the Order Acceptance to us provided, we receive it from you within the period of
14 days from the date of the Quotation. We will be unable to guarantee to supply you with the Goods and Services after this time.
(d) Our website is solely for the promotion of Goods and Services in England and Wales.
(e) The images of the Goods on Our website and in Our catalogues or brochures are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods.
Changes to these terms
We may revise these Terms from time to time to reflect any changes in relevant laws or regulatory requirements. If We have to revise these Terms, We will give you at least one month’s written notice of any changes to these Terms before they take effect. If Our changes to these Terms are to your material disadvantage, you can choose to cancel the Contract with immediate effect by giving Us written notice.
Delivery of goods
(a) Please note that timescales for delivery will vary depending on the availability of the Goods and your address.
(b)We will contact you with an estimated delivery date, which will be within 21 days of the date we undertake the full survey. Occasionally our delivery to you may be affected by an Event Outside Our Control.
(c) You must be available at your property at the time we attempt to deliver the Goods in order to accept delivery. If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery.
(d) If we miss the 21-day delivery period for any Goods then you may cancel the Contract straight away by giving Us written notice if We have refused to deliver the Goods or if, prior to delivery, you and We had agreed that the delivery deadline was essential.
(e) If you do not wish to cancel the Contract straight away, or do not have the right to do so under paragraph (d) above, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel the Contract if We do not meet the new deadline.
(f) You own the Goods once We have received payment in full.
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this Contract. Advice about your legal rights is available from your local CAB or Trading Standards. Nothing in these Terms will affect these legal rights.
(a) Although every attempt will be made to identify any existing issues with your central heating system prior to installation, we cannot be held responsible for any issues which may arise on your existing pipework.
(b) This also includes pipework feeding from the central heating system including hot and cold water pipes to the bathroom and/or kitchen.
(c) If an issue does arise as a result of higher pressure running through your system, we will not be held responsible for any damage that may be caused.
(d) We will however be responsible in the event of any damage caused as a direct result of our workmanship, this would include anything that was directly altered or installed by one of our engineers.
(e) On rare occasions your existing shower(s) and toilet cistern(s) may not be compatible with your new combination boiler. This is due to the increase in water pressure, and some showers and toilets are designed for use with low water pressure systems.
(f) Where a shower(s) is not compatible on the day of your new boiler installation, our engineers will disconnect it from the water supply. It will then be your responsibility to replace the shower(s)
(g) With your current system, the hot water is stored in a cylinder however your new combination boiler is heated directly from the mains cold water. Depending on the mains water pressure you may be restricted to the number of appliances you can use simultaneously.
(h) If your existing boiler is fitted in a cupboard or small space we will do our upmost to identify any clearance issues upon survey. Please be advised that Hassle Free Boilers will not be liable for the cost of any damage caused to the cupboard or boxing at installation.
Third-party manufacturer’s guarantee of goods
The Goods come with a manufacturer’s guarantee. For details, please refer to the main body of this agreement. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
Our guarantee of goods and services
(a)We guarantee that on delivery and for the period stated in this agreement, the Goods and Services shall correspond in all material respects with any description or specification we have given you, and shall be free from material defects (excluding the circumstances described in paragraph (b)).
(b) This guarantee does not apply to any defect in the Goods arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Goods in accordance with the user instructions; any alteration or repair by you or by a third party who is not one of Our authorised repairers; and any specification or part of the specification provided by you.
(c) This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
(a)We will supply the Services to you from the date agreed between Us in writing.
(b)We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control.
(c)We may need certain information from you that is necessary for Us to provide the Services, for example electrical safety certificates for your property. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may postpone the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us.
(d) You must prepare your property in accordance with any instructions we may give you as a result of undertaking the full survey. You must allow us sufficient access to your property in order to allow us to carry out the Services.
(e)We may have to suspend the Services if We have to deal with technical problems. We will let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended.
(f) If you do not pay Us for the Services when you are supposed to, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice). We will contact you to tell you this. This does not affect Our right to charge you interest.
(g) In providing the Services, we will comply with our obligations under the Gas Safety (Installation and Use) Regulations 1998.
If there is a problem with the services
(a) In the unlikely event that there is any defect with the Services, please contact Us and tell Us as soon as reasonably possible. Please give Us a reasonable opportunity to repair or fix any defect; and We will use every effort to repair or fix the defect within 24 hours where the defect might affect vulnerable people living in your property (such as children or elderly or disabled persons) and as soon as reasonably practicable in all other circumstances.
(b) You have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Price and payment
(a) The price of the Goods and/or the Services will be set out in the Quotation (or any amended Quotation that you accept). Our prices may change at any time, but price changes will not affect Quotations that you have already accepted unless we submit an amended Quotation following our full survey.
(b) These prices include VAT. However, if the rate of VAT changes between the date of the Quotation and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
(c) The prices for the Goods include delivery costs.
(d) You must make payment for Goods and Services in cleared funds in accordance with the payment terms set out in the Quotation.
(e) If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
(f) However, if you dispute an invoice in good faith and contact Us to let Us know promptly, We will not apply any interest during the period of the dispute.
(g) Your rights to a refund or cancellation are set out below.
Our liability to you
(a) If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, But We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this Contract.
(b) If We are installing the Goods and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation. However, We are not responsible for the cost of reinstatement or redecoration required as a result of the Services, replacing any cupboards or enclosures or repairing any pre-existing faults or damage that We discover in the course of installation by Us. In the event we require access to pipework or cables which are not readily accessible, we will not be responsible for building works (for example, excavation and reinstatement of a concrete floor).
(c) We do not exclude or limit in any way Our liability for: death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer
Protection Act 1987.
(d) Where we are liable to you under these Terms for any reason, our liability will be limited to a maximum sum of £1 million.
Events Outside Our Control
(a)We will not be liable or responsible for failure, or delay in performance of Our obligations under these Terms that is caused by an Event Outside Our Control.
(b) An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
(c) If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms, We will contact you as soon as reasonably possible to notify you, and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
(d) You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods or Services. Please see your cancellation rights below. We will only cancel the Contract if the Event Outside Our Control continues for longer than 4 weeks.
Your rights to cancel
(a) Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel the Contract for Goods and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms to your material disadvantage: you may cancel the Contract for Goods and/or Services at any time within 14 days of us receiving your signed Order Confirmation by contacting Us. We will confirm your cancellation in writing to you; if you cancel a Quotation in this manner and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you; however, if you cancel the Contract for Services in this manner and We have already started work on your Goods and Services by that time, you will pay Us any costs We reasonably incurred in starting to fulfil our obligations, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled the Contract because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us; unfortunately, if you cancel the Contract and We have already despatched your Goods to you, We will not be able to cancel the
Contract until the Goods are delivered back to us. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but any charge for collection will be deducted from the refund that is due to you.
(b) Once We have begun to provide the Services to you, you may cancel the Contract for the Services at any time by providing Us with at least 14 days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
(c) Once We have begun to provide the Services to you, you may cancel the Contract for Services with immediate effect by giving Us written notice if: We break this Contract in any material way and We do not correct or fix the situation within 28 days of you asking Us to; We go into liquidation or an administrator is appointed over Our assets; We change these Terms to your material disadvantage; or We are affected by an Event Outside Our Control.
Our rights to cancel and applicable refund
(a)We may have to cancel the Contract before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens: We will promptly contact you to let you know; if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you; where We have already started work on your Contract for Services , We will not charge you anything and you will not have to make any payment to Us.
(b) Once We have begun to provide the Services to you, We may cancel the Contract for the Services at any time by providing you with at least one month’s notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c)We may cancel the Contract for Services at any time with immediate effect by giving you written notice if you do not pay Us when you are supposed (this does not affect Our right to charge you interest), or you break the Contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
Information about us and how to contact us
We are a company registered in England and Wales. Our company registration number is 08357963 and Our registered office is at Ecovision House, Kemble Airfield Enterprise Park, Gloucestershire, GL7 6BQ. Hassle Free Boilers Ltd is authorised and regulated by the Financial Conduct Authority for credit broking activities under Financial Services Register number 811281. If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 0800 111 4040 or by emailing Us at email@example.com. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the Contract for services which We have started to provide), you can send this to Us by email,
by hand, or by pre-paid post to Hassle Free Boilers at our office address or email address set out above. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by email, or by pre-paid post.
How we may use your personal information
We will use personal information you provide to Us to provide the Goods or Services, process your payment for such Goods or Services and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search. We will not give your personal data to any other third party.
Other important terms
(a)We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
(b) You may transfer the benefit of the third party manufacturer’s guarantee to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
(c) This Contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the third party manufacturer’s guarantee, but We and you will not need their consent to cancel or make any changes to these Terms.
(d) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(e) If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
(f) These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.