a) The term “Company” shall mean Home Team and its trading divisions.
b) The term “Customer” shall mean any person, firm or company who purchases goods or services from the Company.
These conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company.
These conditions supersede any terms and conditions contained in any Customer’s order
unless otherwise agreed in writing by the Company. The company, having discussed with the
Customer the requirements for the installation of the heating products as listed on the sales order
form, may need to carry out survey to take detailed measurements/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 its surveyor think it fit to do so. Should this action be taken, 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.
Quotations are made upon the basis of materials and labour prevailing at the date thereof and are open for acceptance for a period of thirty days from the date of quotation. Should a quotation not be accepted within thirty days the quotation may be subject to alteration to take account of increases in costs. In addition the quotation may be withdrawn at any time prior to acceptance in writing. Stenographical errors or clerical errors, if any, are subject to subsequent correction. Any changes in materials and/or specification from those detailed in the schedule on the sale order form will only apply when supported by the Company’s amedment forms which must be signed by both parties i.e “The Company” and
4. PUBLISHED PRICE
Orders placed will be charged at prices current at the time of delivery
All prices quoted are inclusive of Value Added Tax
Credit accounts can only be opened at the Company’s discretion and subject to satisfactory references being given otherwise remittances must be sent with orders.
We will make a search with a Credit Reference Agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the Principal Directors and Proprietors with a Credit Reference Agency.
Where a credit account has been opened goods shall be paid for by the last day of the month following the month in which the goods were invoiced to the Customer or he is notified that they are available for delivery.
The Company reserve the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation. In the event of non payment in accordance with the credit terms the whole of the price for all goods sold by the Company to the Customer whether under this or any other contract, shall immediately become due and payable and the Company reserves the right at its option, to cancel or postpone the further performance of its obligations whether under this or any other contract, without prejudice to any other right or remedy available to the Customer. The Company reserves the right to charge the Customer interest at the rate of 2% per annum above UK clearing bank base lending rate from time to time until payment is made in full. In addition, we reserve the right to add reasonable funds complicit to collection of late payment.
7. DESCRIPTION AND QUALITY
Illustrations, descriptions, weights and technical data in any of the Company’s catalogues,
price lists and statements (written or oral) made by any representative of the Company are provided to give customers an approximate picture and description only and do not form the basis of any contractual liability.
No warranty or condition that the article shall accord with such illustration, description or
statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
Designs of goods are subject to alteration without notice.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing or prior to the time of sale.
The Company undertakes at its option to replace or refund the purchase price of any goods sold or supplied in the following circumstances only:
a) Where the goods do not correspond to any written identifying description applied to them.
b) Where the goods prove to be unfit for a particular purpose which has been expressed in writing by the Company.
c) Where the goods prove to be defective and not fit for their ordinary purposes within 12 months of delivery.
The Company’s liability under this clause shall be accepted by the Customer in lieu of any
warranty or condition whether expressed or implied by law. Warranties and Guarantees provided by manufactures are separate to the Company’s Guarantee.
9. SUPPLY OF SERVICES
The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skill and care occur within 12 months of the completion of the supply, the Company undertakes to remedy the defects.
10. WORKING HOURS
We 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 your approval to such overtime is granted although we will
endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working null
hours be specifically requested by YOU, other than any special arrangement charge for and
agreed on the sales order form, it may be necessary for us to add extra costs and these will be
explained at the time and prior to the overtime and unsocial working hours starting. We 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.
11. LIMITATION OF LIABILITY
a) Subject to clauses 10 b) c) d) and e) the Company’s liability is limited to that provided in clauses 8 and 9 above. The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind, whether direct, indirect or consequential.
b) The undertaking as to title in Section 12 of the Sale of Goods Act 1979 is not excluded.
c) Where the Customer deals as Consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977) the undertakings implied by sections 13, 14, 15 of the Sale of Goods Act 1979 are not excluded and the customer’s statutory rights are not affected.
d) The Company does not exclude any or restrict liability for death or personal injury resulting from its own negligence.
e) The Company does not exclude any liability which it may incur under the Consumer
Protection Act 1987 for damage as defined in section 5 of the Act.
f) 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 will be made good but not permanently finished
or re-decorated. Floor boards will be re-instated or replaced where necessary but special
and/or laminated floors cannot be permanently re-fixed. Any carpets which have to be lifted
will be re-laid to the best our engineer’s ability, however we cannot be held responsible for
carpets which have been nailed or glued down. It should be anticipated that an amount
of re-decoration may be required and this will be be the Customers responsbility and is not
included in the price. The Company accepts no responsbility for damage which is attributable
to structural defect weakness unless such damage results from negligence on the part
of the company, its servants, workman or assigns.
12. PASSING OF PROPERTY AND RISK
a) The risk in the goods shall pass to the Customer on delivery.
b) Title to the goods shall remain vested in the Company after delivery until payment of all sums (whether arising out of this or any other contract) has been made in full to the Company.
c) As long as title in the goods remains vested in the Company and goods are in possession or under the control of the Customer, the following provisions will apply:
i) The Customer may (unless otherwise notified in writing by the Company) use, sell or otherwise deal with the goods in the ordinary course of business.ii) The Customer shall separately store and keep clearly identified the goods from other goods.
iii) The Company may at any time on giving prior notice enter the premises of the Customer for the purpose of inspecting and identifying the goods and the that purpose
iv) The Company may at any times revoke the Customer’s powers in i) above by notice to the Customer if the Customer is in default for longer than seven days in the payment of any sum whatsoever due to the Company under this or any other contract or if the Company has bonafide doubts as to the solvency of the Customer.
v) The Customer’s powers in i) above shall automatically cease if a receiver is appointed over any assets of the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary liquidation (Otherwise than for the purpose of reconstruction or
amalgamation) or calls a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.
vi) Upon determination of the Customer’s powers in i) above the Customer shall place the goods at the disposal of the Company who shall be entitled to enter upon any premises of the Customer for the purpose of removing such goods from the premises (including severance from realty where necessary).
vii) If goods are returned or repossessed in accordance with foregoing provisions the Company shall repay to the Customer any sums received from the Customer in part payment of the price of the goods up to a maximum amount equal to the current market value of the goods based on their condition at the time of return or repossession and after deducting all costs and expenses of
the Company in having the goods returned or repossessed and subject also to any right of set off the Company may have in respect of any other sums owing by the Customer to the Company.
Dates quoted for delivery are approximate only and in this respect times shall not be of the essence of the contract. It shall suffice for the Company to deliver within a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances.
Where the Company offers delivery to a site nominated by the Customer, then its obligation shall be to deliver as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.
In the event of any goods or any packing or container being delivered and deposited, whether on the public highway or elsewhere the Customer shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such goods, packing or container, and shall indemnify the Company in respect of all or any costs, claims, losses or expenses which the Company may incur as a result of such delivery.
The Company cannot accept liability of any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike, lockout or from any other cause beyond the Company’s reasonable control.
14. CANCELLATION OF ORDERS
The Company reserves the right to charge to Customer for all costs incurred on cancelled orders. This shall not be construed as a to affect any statutory or common law rights of the customer.
15. EXAMINATION OF GOODS
Goods must be examined forthwith on delivery.
The Company shall replace any goods damaged or lost in transit to the place of delivery provided such damage or loss is reported to the Company within three working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss. Any rejection of the goods on any other grounds must be communicated to the Company within 10 working days.
(a) All new central heating systems/upgrades carry a manufacturers warranty which is valid from
date of installation. No guarantee can be given on the integrity or suitability of any components
being connected to and the Company cannot be held responsible for the failure of any such components or defects existing within any part of the original system i.e radiators, pipe-works, showers, taps etc. Where products are connected to existing hot & cold water pipes, tanks or cisterns, the installation is based on the assumption that the exisiting plumbing systems is in satisfactory condition. Unless otherwise stated in the Contract, the guarantee 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 no tbeen authorised by Home Team, the guarantee may be rendered null & void.
(b) As it is necessary that all pipes are accessible we will not normally bury them in solid floors or
walls and pipes will be exposed in these situations. Boxing of pipe work is not included unless
this has been specified. Boxing in of pipe-work is not included unless specifically detailed.
(c) Where combination boilers are supplied, hot water flow rates will be reduced if more than
one tap or outlet is used simultaneously. This is not a fault and is a characteristic of most
(d) It is the responsibilitly of the Customer to ensure a suitable gas supply and meter is available
to the relevant property. Where this is not the case the Customer will need to organise a supply via
Transco or any other suitable provider. A gas meter will also be required. This needs to be arranged via a gas supplier. Any costs for same are to be met by the Customer. This is not part of this Contract unless specifically detailed.
(e) The price does not include the cost of removing any dangerous waste materials, such as asbestos that we could not reasonably identify when we provided you with the quote. We may be able to provide you with a quote for this. When asbestos is moved from any site you will be asked to produce a “site clearance for reoccupation” certificate which the asbestos company will provide you with. We will need sight of this before we can proceed with any works.
(f) The price we quote includes removing all non dangerous materials, including your old boiler and
central heating parts we replace.
(g) The price quote is subject to any changes in VAT
Radiators and Towel Rails
New radiators or towel rails where supplied and installed by Home Team as part of a new central heating systems or system upgrade are covered by the companies 12 month labour warranty from the date of installation. Where a Customers existing radiators are being utilised and connected to, they will not be covered under the standard warranty and the relevant clause will apply.
Thermostatic valves will be fitted where applicable in accordance with the current building regulations and/or CHe”” recommendations for Best Practice in Housing Energy Efficiency
Mixer Showers and Electric Showers
Certain showers are compatible with both mains pressure and gravity fed water systems and will operate under conventional or combination boilers. There are hundreds of models and brands of varying ages which are not always easy to identity. Some of these are designed to suit the existing system and are NOT interchangeable. Our representatives will endeavor to advise you accordingly but we cannot be held responsible should an existing
shower be incompatible on connections due to age or type.
As part of our responsibility as Gas Safe Registered engineers, we are required to connect any new gas appliances to a gas supply that is safe and sound.
Consequently we 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 with existing gas pipework we would have no alternative but to condemn the supply or to take steps to ensure that the supply is safe. This may involve re-piping the supply prior to the installation work being carried out. Although this happens rarely and is unforeseen, and these works would be additional to those shown overleaf.
When brickwork, stonework or other masonry has to be made good i.e original flue position from the old boiler, we are unable to provide an exact match for the existing materials dur to restrictions on availability and weathering. Wherever possible we will endeavour to provide a match for the existing materials to provide a similar finish. Should a customer wish to source and provide their own materials for matching purposes, we will make an allowance in the calculations of the price agreed.
Unless stated otherwise within the quote/estimate, all gas boilers supplied and installed by Home Team will carry a minimum of a 2 year warranty and a 12 month warranty on labour. All warranties are subject to an annual service history. The cost of the annual service is not included within this price. The service MUST be completed by a Gas Safe Registered Engineer. Home Team Will register the boiler with the Manufacturer on final payment from the client after which time the client will receive the full warranty from the manufacturer.
17. NOTICE OF RIGHT TO CANCEL
You (the Customer) have the right to cancel this contract as you wish. This right can be exercised by delivering or sending notice to firstname.lastname@example.org within 14 days of the date of receipt of this notice. This notice of cancellation is deemed to be served as soon as it is posted.
In the case of electronic communication, it is deemed served on the day it is sent. If work on the contract has begun, with your written agreement before the 14 day cancellation period has lapsed, you may be required to pay for any goods or services supplied. Any related credit agreement will automatically be cancelled if the contract for goods and services has been cancelled.
If you wish to cancel you MUST DO THIS IN WRITING and deliver this in PERSON or send by
electronic mail, to email@example.com or Home Team, 214 Crookes, Sheffield S10 1TG
The Customer agrees to pay the Company 50% of the total cost prior to the delivery and installation of any and all parts including (but not limited to) new boilers, radiators, pipe work timers and pumps. The Customer agrees to pay the Company the remaining balance on completion of works carried out at the Customers address. Balance payment can be made by Credit or Debit card. The Company does not accept cheque’s. If remedial works are needed, the Customer may may hold a maximum of 10% of the value of the invoice until such work is carried out.
All goods remain property of the Company even any such goods whether fixed or otherwise, which remain unpaid for. The guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.
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.
The contract between the Company and the Customer for the supply of goods or services
which includes these conditions shall be governed and construed and shall take effect in
accordance with the laws of England. OCT 2007
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