Terms and Conditions
In these terms and conditions “the customer” means the customer for whom the works are to be carried out by Thermowarm Heating Ltd, and “The Company” means Thermowarm Heating Ltd or, wherever the case may be, a franchisee, sub contractor or representative of the company carrying out business pursuant to a franchise/subcontract agreement entered in to with the company.
“Contract” means the agreement between the Customer and the Company to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the company (“the Agreement”) the Agreement, “Works” means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.
For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand-held device and any signature on a handheld screen shall be treated as in writing.
Call out fee and charges
The company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.
All charges are subject to VAT at the prevailing rate.
Quotes and Fixed Price Work
The price quoted is open for acceptance within 30 days providing that the work can be commenced within 90 days (excluded quotes for repairs to gas appliances or central heating), both periods being from the date of the quotation. If you decide that you would like us to commence work after this time, The Company will let you know if there has been a change in the price requiring a revised quotation and the reasons why.
The Company shall quote the cost of installing/repairing central heating equipment or gas appliances as discussed with you and/or specified in the quotation form. Once you have accepted this quotation The Company undertakes to carry out all the work necessary to complete the work described in our specification and this quotation subject to the conditions below.
The Company will carry out the whole of the work specified in this quotation at the price quoted but any variation or additional requested by you and carried out by The Company including variations the necessity of which becomes apparent after work commences, will be subject to an additional charge. We will need to access your home at all times during the works.
A quotation/invoice cannot be varied except in writing by The Company.
The time estimate provided for completion of works is our best estimate of the likely time scale prior to commencement of the works, and we cannot accept liability for any cost, losses or expense of whatever nature incurred by you as a result of any delays beyond our reasonable control.
The price specified in the quotation does not include the price of removing any dangerous or hazardous waste material as required under section 19 of the landfill regulations or Waste electrical equipment regulations found when installing/repairing/maintaining your central heating/ gas appliance. This will be subject to an additional charge if deemed hazardous.
If you are a tenant, you will need your landlord’s permission to carry out the work covered by this quotation/invoice. The Company will not carry out any works prior to receiving written permission from the landlord.
Your order is accepted subject to the condition that you are responsible for ensuring that there is an adequate fuel supply to the dwelling prior to the commencement of the work. The Company can put you in touch with the relevant parties to arrange this if necessary.
The quotation price includes where appropriate, an electrician to wire, test and certify the appliance for connection to your property’s electrical supply. This assumes that your current wiring is sound and requires no alteration in order to meet the required standard under the current regulations. Should any alteration be required then the electrician will discuss any extra costs with you before work is carried out. You will be required to settle this extra cost directly with the electrician. The Company can supply electricians if the customer wishes.
The Company reserves the right to decline any work undertaking.
All quotes are subject to VAT at the prevailing rate.
It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/ landlord/ agent/ organisation, and/ or planning permission if necessary is obtained prior to the works being carried out by The Company. The Company will not be held responsible for any damage (not caused by our negligence) to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re positioning, extra charges will be incurred.
The Customer will clear any cupboards/ lofts or any other spaces to enable The Company to carry out the works. Should the customer not do this prior to the works commencing or if The Company or it’s employees/ representatives have to do this then we reserve the right to charge additional labour to cover any delays caused by this. The Company accepts no liability for any unavoidable damage incurred as a result of The Company having to clear spaces. The customer will be notified of any spaces that should be cleared verbally and in writing upon acceptance of any quote.
The customer shall provide clear access to enable The Company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with carrying out the works.
The customer shall obtain permission for The Company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/ third party properties arising out of the presence of the company or it’s employees/ representatives.
The Customer will at all times ensure the environment is safe for The Company and it’s employees/ representatives for the purpose of carrying out the works.
Limitation Of Liability
The Company can remove carpets, linoleum and laminate flooring, but are not responsible for any unavoidable damage incurred during removal, carpets can be reinstated by The Company to the best of our ability but The Company does not guarantee carpets will be reinstated to their former state. Reinstatement of linoleum and laminate is the responsibility of the customer.
Hardwood, rubber, tiled or any other specialist floor coverings must be removed by the customer as required and the customer shall be responsible for their replacement when the work is completed. The Company will inform you prior to the works, where and how much needs to be removed. These are a best estimate and should any additional require removal during the works then this is also the responsibility of the customer. In many cases, this removal and replacement is best left to a specialist contractor and you should seek advice accordingly. We can supply joiners if necessary, this will incur extra charges.
Should any washing machines, dishwashers or any other appliances need to be removed then The company will do so and reinstate to the best of our ability, but are not responsible for any damages to the appliances and/or any floor coverings/decorations during removal/reinstatement. The customer should let The Company know prior to commencement of works if they wish to remove these items themselves
The Company will remove and reinstate (if possible) any wall hung kitchen cupboards/ doors but are not responsible for any damages to these items. It is the responsibility of the customer to remove and reinstate any kitchen base units and/ or worktops. Any permanent purpose built fixed cupboards ie with partition walls, are the responsibility of the customer to remove and reinstate. The Company can provide joiners/ builders for this if required, this will incur extra charges.
The work will be carried out in a professional manner but The Company cannot be held liable for any damage unavoidably caused to decorations, fittings and the like as a result of installing/maintaining any new or existing equipment as specified in the quotation or removing, replacing or disturbing existing pipe work, appliances, tanks, cylinders or other fixtures and fittings.
Where The Company needs to connect new equipment to your existing central heating system it shall not be liable for any breakdown or poor performance of or damage caused to your existing system as a result of faulty pipe work or some other defect or malfunction of your central heating system. eg leaks on existing pipework, fittings, radiators. Should you wish for The Company to repair such faults, labour will be charged at The Company’s hourly rate at the time along with the costs of any additional materials which may be required. The Company will not be liable for any unavoidable damage caused whilst investigating any such issues.
The Company cannot accept liability for any deterioration in the performance of the existing pipework and fittings system in any scenario and most notably fluctuations in the water pressure when converting from gravity/low pressure system to mains/high pressure system i.e Boiler conversions.
The Company shall not have any liability for any failure to perform its obligations under this quotation/invoice if it is prevented from doing so by causes reasonably beyond its control, including being denied entry to carry out contracted work, unforeseen circumstances, such as industrial disputes, strikes, lock-outs,fire, accidents, war or problems with the fabric of the building including the roof, or problems with goods being delivered on time by a third party.
The Company shall not have any liability for any indirect, special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. Should any additional work be required as a result of such unforeseen circumstances, costs will be reasonable and agreed beforehand.
The Company will not be responsible for the loss of cavity wall insulation materials resulting from openings that need to be made as part of the installation works.
Unsafe or incorrectly fitted gas appliances covered by GAS SAFE will be disconnected at the main supply and the regulatory authorities and informed accordingly.
External drains, gutters and plumbing works exposed to the weather elements are not covered by any of The Company warranties, all liability rests with the material supply warranty and the property owner.
All work carried out by The Company carries a full 12 months guarantee (only where materials and appliances are supplied by The Company), Any materials supplied by The Company will be fitted as per the manufacturer’s instructions and therefore fall under the manufacturers guarantee. Servicing/maintenance /repair work which is guaranteed for 28 days. This does not affect your rights under the Consumer Rights Act 2015 or any other consumer legislation.
The Company guarantee will become null and void if the work/ appliance completed/ supplied by the company is:
In the absence of any prior written agreement to the contrary, payment of any invoice is due on satisfactory completion of works before the engineer leaves your property or within 7 days of the invoice date, unless paying through finance. All goods and materials supplied remain property of The Company until full payment has been made.
Where the customer is represented by a third-party person(s) or agent (s) (such as a managing agent, landlord, tenant, or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless The Company has agreed otherwise in writing prior to any works commencing.
The Company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless any undisputed payment has been made and received in full.
If the customer cancels any contract with The Company, without the companies consent, the customer agrees to indemnify the company against any or all loss, damage, claims or actions arising as a result of cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment.
Notice of Your Right to Cancel
The customer has the right to cancel this contract within fourteen calendar days starting on the day the notice of right to cancel is issued.
Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email.
Cancellation of any material purchased for use on the works and subsequently not required are chargeable at the suppliers “handling/ restocking charge”.
The business always endeavours to provide the best service for every customer. However, on rare occasions, there may be times where a customer may not be completely satisfied. To ensure the business is able to put things right as soon as possible, please read our complaints procedure below. The business will then be able to respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out based on the contract terms and the high standards the business aims to achieve.
In the unlikely event there is anything you are not completely satisfied with, please contact the business as soon as possible so the problems can be rectified as soon as possible.
Either call, email or write* to us. The business aims to respond within 5 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where the business is unable to resolve your complaint using the business complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that the business cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0117 456 6031.
*please request proof of receipt if posting
While every effort is made to make the allotted scheduled appointment, The Company cannot guarantee appointment times due to unforeseen circumstances
Nothing in these terms and conditions is intended to remove your rights regarding the quality of our work, or relating to faulty or mis-escribed goods that are supplied as part of our service.