Terms and Conditions
STANDARD TERMS & CONDITIONS OF BUSINESS TO CONSUMER BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision and installation of Boilers and their associated controls and parts by MS Building and Maintenance Service (WY) Limited (“the Trader”) to customers who require building services to be provided at their home.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015. 1. Definitions and Interpretation 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which You and We agree for the Builder to have access to the Property to complete the Job as specified in the Statement of Work;
“Builder” means Us, Our employee, agent and/or sub-contractor who will be responsible for providing the Building Services;
“Building Services” means the building services We will provide as specified in the Statement of Work;
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Building Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Contract”: means the agreement made between the parties which shall comprise these Standard Terms & Conditions of Business, and a Statement of Work(s).
“Deposit” means the deposit You may be required to pay in accordance with Clause 5;
“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
“Job” means the complete performance of the Building Services;
“Materials” means the building and other materials required for the provision of the Building Services which We will supply (if any) as specified in the Statement of Work;
“Order” means Your initial request for Us to provide the Building Services as set out in Clause 4;
“Property” means Your home, as detailed in the Order and the Statement of Work, at which the Job is to take place;
“Quoted Fee” means the fee set out in the Statement of Work which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the Building Services as specified in the Statement of Work;
“Statement of Work” means a detailed plan, describing the Building Services to be provided by Us, the timetable for their performance and any related matters. The Statement of Work will incorporate, and be subject to, these Standard Terms and Conditions of Business;
“Visit” means any occasion, scheduled or otherwise, on which the Builder visits the Property to provide the Building Services;
“We/Us/Our” means the Trader and includes all employees, agents and subcontractors of the Trader;
“Work Area” means the part of the Property where the Building Services are to be provided;
“You/Your” means a Consumer who is a customer of the Trader.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or reenacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions. 1.5 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.6 Words signifying the singular number will include the plural and vice versa.
1.7 References to any gender will include all other genders. 1.8 References to persons, unless the context otherwise requires, include corporations.
2. Information about Us 2.1 We are a private limited company.
2.2 We trade under the name Online Boilers
2.3 We are registered in England and Wales under Company Number 09281547.
2.4 Our registered office is at 3 Lydgate House, Lydgate Park, Lightcliffe, West Yorkshire, HX3 8TD. 2.5 Our VAT number is 249678644.
2.6 We are registered with IGEM Institute of Gas and Electrical Managers. We will ensure that any sub-contractors or agents We use, are also registered in this way.
2.7 We are regulated by Gas Safe.
2.8 We are regulated by Trustmark
- Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us telephone on 01422 207986 or 0775435755 or by email at firstname.lastname@example.org
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Standard Terms and Conditions of Business). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email at email@example.com ;or 3.2.2 contact Us by pre-paid post to Online Boilers at 3 Lydgate House, Lydgate Park, Lightcliffe, West Yorkshire, HX3 8TD.
4.1 We accept orders for boiler installations via our website www.online-boilers.com
4.2 When placing an Order You should carefully check your online responses as discrepancies such as omissions or inaccurate responses may result in extra costs.
4.3 When Placing Your order a Deposit will be taken, and your requested date for completion will be approved by an engineer, the balance is due upon completion of works Services to be provided by Us, the timetable for their performance, the Deposit and the fee required (see Clauses 5 and 6), and any related matters.
4.4 You may make changes to the Order and/or the Statement of Work before your installation.
5.1 You will be required to pay your deposit upon placing Your order.
5.2 The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.
6. Fees and Payment
6.1 The Quoted Fee will include the price payable for the supply and installation of Your boiler and related products, and for the estimated Materials required.
6.2 We will, where reasonably possible, use only the Materials (and quantities of Materials) set out in the quotation. However if additional Materials are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
6.3 If the price of Materials or services increases during the period between Your acceptance of the Statement of Work, and the Start Date, We will inform You of the increase and of any difference in the Final Fee.
6.4 The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
6.5 You will receive and invoice via our website upon purchase of services.
6.6 You must pay the deposit upon booking and the balance within 7 days of completion of works.
6.7 We accept the following methods of payment: 6.7.1 cash; 6.7.2 cheques; or 6.7.3 bacs transfer. 6.8 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 4% above the base rate of Santander plc from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. 6.9 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
7. Building Services 7.1 Before We start the Job We will review your responses to thye questions on our site and query them with you should we consider it necessary.
7.2 We will provide the Building Services in accordance with the specification set out in the accepted Statement of Work (as may be amended by agreement between You and Us from time-to-time).
7.3 We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
7.4 We will use reasonable endeavours to ensure that the Materials We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). However, We cannot guarantee the quality or consistency of the Materials.
7.5 We will ensure that all Materials comply with any relevant standards and are in a satisfactory condition at the time of use.
7.6 We will ensure that the Building Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
7.7 We will notify You in advance if the work We are doing is likely to affect the Property outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense. 7.8 We will ensure that We comply with all relevant codes of practice.
7.9 We will ensure that furniture, flooring and walls in the Work Area that are not being worked on as part of the Job are suitably covered and protected for the duration of the Job.
7.10 We will properly dispose of all waste that results from Our provision of the Building Services. 7.11 If We cause any damage to the Property during the course of the Job We will repair the damage before completing the Job.
7.12 If any inspections are required following completion of the Job We will arrange for the inspections to be carried out.
7.13 Where a Job is to last for more than one working day, the Builder will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or remove them from the Property at the end of each working day.
7.14 Before the Job is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Job. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
8.1 Subject to Clause 8.3, We guarantee that the product of the Building Services provided, will be free from material defects for a period of 12 months following completion of the Job.
8.2 If any defect in the product of the Building Services appears during the guarantee period set out in sub-Clause
8.1 We will rectify the defects free of charge.
8.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to abnormal conditions, failure to follow Our instructions (whether given orally or in writing), misuse or alteration of any product of the Building Services without Our prior approval, or any other act or omission by you or any third party.
9. Your Obligations
9.1 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Building Services.
9.2 If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Building Services.
9.3 You will ensure that the Builder can access the Property at the Agreed Times to provide the Building Services.
9.4 You may either give the Builder a set of keys to the Property or be present at the Agreed Times to give the Builder access. We promise that all keys will be kept safely and securely by the Builder. 9.5 You must ensure that the Builder has access to electrical outlets and a supply of hot and cold running water.
9.6 You must ensure that the Work Area is kept clear of furniture and other items and out of use for the duration of the Job unless We direct otherwise.
9.7 If You do access the Work Area at any time during the course of the Job You must observe all relevant health and safety rules and must comply with any additional instructions the Builder gives You.
9.8 Unless redecoration following completion of building work forms an agreed part of the Building Services, You will be responsible for any redecoration required.
9.9 You must give Us at least 48 hours’ notice if You do not require the Builder to provide the Building Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 48 hours’ notice is given We will invoice You at the normal rate.
10. Complaints and Feedback
10.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
10.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
10.2.1 In writing, addressed to The Managing Director, 3 Lydgate House, Lydgate Park, Lightcliffe, West Yorkshire, HX3 8TD; or 10.2.2 By email, addressed to The Managing Director, at firstname.lastname@example.org.
11. Changing the Start Date 11.1 If You ask Us to change the Start Date: 11.1.1 We will where reasonably possible agree a revised Start Date with You;
11.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the Contract (see Clause 14).
11.2 If We ask You to change the Start Date, You may either:
11.2.1 agree a revised Start Date with Us; or
11.2.2 terminate the Contract (see Clause 14).
12. Cancellation of Contract During the Cooling Off Period
12.1 Where the Contract is not agreed “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date, unless your start date falls within the 14 day period.
12.2 If You wish to cancel the Contract within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address or email address specified in these Standard Terms and Conditions of Business).
12.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
12.4 If You exercise the right to cancel You will receive a full refund of any amount paid to Us in respect of the contract.
12.5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
12.6 We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation. 12.7 If the Start Date falls within the cooling off period You must make an express request within 48hours of your installation date if you wish the works to be cancelled. This request forms a normal part of the ordering process. You acknowledge and agree to the following:
12.7.1 If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
12.7.2 If You cancel the Contract after provision of the Building Services has begun You will be required to pay for the Building Services supplied up until the point at which You inform Us of Your wish to cancel;
12.7.3 The amount due will be calculated in proportion to the full price of the Building Services and the actual Building Services already provided. Any sums that have already been paid for the Building Services will be refunded subject to deductions calculated on this basis;
12.7.4 We will process any refund within 7 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
12.8 Clauses 13 and 14 apply to termination of the Contract after the 14 calendar day cooling off period has elapsed. 13.
Cancellation Before the Start Date 13.1 In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Contract (i.e. cancel the Job) at any time before the Start Date as follows: 13.1.1 If You cancel the Job more than 28 days before the Start Date We will refund the Deposit (if any) and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
13.1.2 If You cancel the Job less than 48hours before the Start Date We will retain from any Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
13.2 We may need to terminate the Contract before the Start Date due to the unavailability of required personnel or Materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit (if any) and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
14. Termination 14.1 You may terminate the Contract with immediate effect by giving Us written notice if: 14.1.1 We have breached the Contract in any material way and have failed to remedy that breach within 21 of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; 14.1.3 You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Contract under Clause 11.2;
14.1.4 We are unable to provide the Building Services due to an event outside of Our control (see Clause 16).
14.2 We may terminate the Contract with immediate effect by giving You written notice if:
14.2.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
14.2.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 calendar days of Us asking You in writing to do so; or
14.2.3 You and We have been unable to agree a revised Start Date under Clause 11.1;
14.2.4 We have been unable to provide the Building Services for more than 3 weeks due to an event outside of Our control (see Clause 16).
14.3 For the purposes of this Clause 14 a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material, no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
14.4 If at the termination date:
14.4.1 You have made any payment to Us for any Building Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
14.4.2 We have provided Building Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
15. Effects of Termination 15.1 If the Contract is terminated for any reason:
15.1.1 You shall, within a reasonable time, return all of the unused Materials to Us. If You fail to do so, then We may enter the Property and take possession of the unused Materials. Until the unused Materials have been returned or repossessed, you shall be solely responsible for their safe keeping. 15.1.2 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract will remain in full force and effect.
15.1.3 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Contract which exist at or before the date of termination.
16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
16.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Contract will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Building Services as necessary;
16.2.4 You or We may terminate the Contract (see Clause 14).
17.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Contract or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable. 17.2 We will maintain suitable and valid insurance including public liability insurance.
17.3 We provide Building Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
17.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Building Services.
17.5 Our total liability for any loss or damage caused as a result of our negligence or breach of the Contract (or that of the Builder) is limited to £1,000,000.00 (one million pounds sterling), where the claim brought is covered by any of the policies of insurance we may have at the relevant time. If not covered, Our total liability for any loss or damage caused as a result of our negligence or breach of the Contract (or that of the Builder), will be equal to the total sum paid for the Building Services as set out in the relevant Statement of Work.
17.6 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Builder.
17.7 Nothing in the Contract is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
17.8 Nothing in the Contract is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
18. How We Use Your Personal Information (Data Protection)
18.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
18.2 We may use Your personal information to:
18.2.1 provide the Building Services to You;
18.2.2 process Your payment for the Building Services;
18.2.3 inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
18.3 In certain circumstances (if, for example, You wish to pay for the Building Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
18.4 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
19. Other Important Terms19.1 We may from time-to-time change these Standard Terms and Conditions of Business without giving You notice, but We will