Gas‘N’Elec ltd Terms & Conditions

DEFINITIONS

1. For these terms and conditions the following words shall have the following meanings:

2. The term “Company” shall mean Gas‘N’Elec Ltd (a company registered in England with company number 11009328)

3. The term “Customer” shall mean the person or organisation for whom the company agrees to carry out works and/or supply materials

4. The term “Operative/Engineer” shall mean the person/s completing the installation on-site.

5. These terms and conditions and all contracts awarded between the Company and the Customer shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.

6. Acceptance of our goods, services or quotation is automatic acceptance of these terms and conditions.

PROVISION OF SERVICES

1.1 All the terms of the contract between the Customer and the Company are contained in this document and written specifications (if any) provided to the Customer. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.

1.2 The Company is registered with the Information Commissioner’s Office and treats all information supplied by customers as confidential and will only pass on such information as is required to fulfil the obligations set out in this contract and Law.

1.3 Under Construction (Design and Management) Regulations 2015 the Company needs to ensure operatives working on the site have access to welfare facilities including a toilet, washing facilities, drinking water and facilities for rest in a warm indoor area. To reduce costs, the customer agrees to provide access to these facilities within the existing property for workers to use in a clean and respectful way. If the customer would like the Company to make alternative arrangements to comply with these CDM Regulations, they will notify the Company at least 14 days before any onsite works are due to commence and pay the additional cost of hiring such facilities 7 days prior to work commencing.

1.4 Due to the Company’s policy continuous improvements, the Customer shall have the benefit of any modification the Company may make to its products and procedures albeit these changes may be made without prior notice to the Customer. We try to keep information on the website and in marketing materials relevant and up to date. However, such information should be used as a guide only because products and services are frequently updated and changed. All illustrations within the Company’s literature and that of its suppliers are subsequently intended as a guide only. Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice by strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.

1.5 Our fixed-price quote is for all original works specified in your quotation. This does not include works specified in the optional extras section of your quotation.

1.6 The quotation given by Gas‘N’Elec Ltd is a fixed price for the specification of the boiler installation. The quotation does not include existing issues which we may come across during the installation with your gas, heating, plumbing or electrical system. Should we find issues with your existing system this will be noted and advised to the customer. A separate quotation can be given to complete these works.

1.7 Should we commission your new boiler and find any problems with the existing system, the engineer will do there up best to rectify the fault however if parts, pipes, valves or alterations are required this will not be covered under the fixed-price promise. However, customer can request a quotation to resolve problem.

1.8 Included as part of our fixed pricing is provision to access any external parts of a property where work is to be carried out providing it can be reached using a set of extension ladders (7m length) and a roof ladder (7m length). If access is required to the property exterior which is awkward to access safely using this regular equipment, then scaffolding or other access platforms/equipment may be required. The customer accepts that the Company cannot jeopardise the safety of engineers attending, and suitable access equipment may be required for which the customer will pay directly for or will reimburse the Company. The Company will discuss the cost of any access equipment required prior to starting installation work. The Customer may cancel and receive a full refund if they do not wish to pay for any access equipment that may be required.

Inspection of the site

2.1 After an order is placed with the Company there is an opportunity for the customer to send photos to the Company. By viewing the photos in advance the Company can discuss any technical aspects of the installation prior to the engineer attending; this makes the installation process run as smoothly as possible ensuring the right boiler and materials are delivered to enable a suitable installation.

2.2 The customer agrees that any photos supplied during or after the ordering process are true and accurate images of what the engineer will see at the installation site.

2.3 The Company, having discussed with the Customer the requirements for the installation of the heating products as listed in the quotation, may need to carry out a survey to take detailed measurements and or specifications and any Contract is subject to the surveyor’s report and findings.

2.4 If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, then the Company will inform the customer of why the installation cannot go ahead as ordered and discuss alternative options including any delay to installation that may be incurred. If the customer declines the alternatives offered, or if no alternatives can be offered, then the Company will give a full refund to the customer and remove any materials that may have already been delivered to site.

2.5 If, upon physical inspection of the site, it is determined that more equipment or a significant amount of extra work is required, then the Company will inform the customer of any increase in costs prior to these costs being incurred. The customer will also be informed of any delay to installation that may be incurred. If the customer declines any extra equipment or work required to facilitate the installation work, they are entitled to a full refund.

2.6 In exceptional cases where the Company determines an installation cannot take place, the Company reserves the right to decline any order at any time. Should the Company decline an order, no damages or expenses of any kind shall be payable by the Company to the customer beyond the refund of any money already paid in relation to the contract.

2.7 Any changes in materials and/or specifications from those detailed in the contract, will only apply when supported by an Amendment to Order document issued by the Company, which must be approved by the customer (this approval may be carried out either by physical documentation or by email).

2.8 The Company reserves the right to decline any order at any time up until completion. Should the Company decline an order, no damages or expenses of any kind whatsoever shall be payable by the Company to the customer beyond the refund of any money already paid in relation to the contract.

2.9 The Company reserves the right at its sole discretion to accept or refuse any order placed by the customer until the appointed engineer has inspected the site and accepted the order.

Delivery of Goods

3.1 Whilst every effort is made to ensure the delivery and installation timescales agreed during the ordering process are met, the Company reserves the right to delay installation for reasons including (for example) fires, strikes, illness, severe weather, lockouts, terrorism, war and any other causes beyond the control of the Company interfering with its execution or completion of the contract. Time shall not be deemed to be the essence of the Contract.

3.2 The Company works hard to ensure the delivery of goods happens on time and with clear correspondence in advance. Notwithstanding this, the customer accepts that sometimes delivery issues occur, and this does not give automatic cause for cancellation.

3.3 The customer is responsible for notifying the Company of any local restrictions that could impact the delivery of goods

3.4 The customer agrees to have someone present at the property for when goods are scheduled to be delivered.

3.5 The customer is responsible for keeping any equipment secure and dry once delivered. If equipment is damaged, removed or packaging opened then the customer will be liable for any costs or losses incurred by both themselves and the Company.

3.6 It is the responsibility of the customer to ensure there is adequate vehicle parking for the engineer to park their van within 25 meters of the entrance to the property. It is the responsibility of the customer to organise the permit or notify the Company of the restriction at least two working days before the engineer/delivery is due to arrive (or at the time of ordering, whichever is sooner).

Installation

4.1 Access to the property both internal and external is required in order that the installation may be undertaken. The Company’s operatives/engineers are scheduled to arrive at the property between 0800am and 0900am, subject to traffic conditions or unless otherwise stated.

4.2 It is the Customer’s responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined. Whilst every care will be taken by the Company it accepts no liability for any damages to plaster work, decoration, flooring etc., which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) in the quotation.

4.3 During the fulfilment of this contract, the customer agrees to provide a safe and respectful workplace for any persons attending the installation address. Persons attending a property to carry out work connected with this contract will leave the property if rude, abusive or unsafe conditions are encountered. If this happens, it will be at the sole discretion of the Company if a reattendance is arranged and what the charge for such a reattendance will be. In any event, no refund will be due from the Company to the customer if the site is vacated for reasons of safety, abuse or general rudeness.

4.4 Existing pipework, valves, radiators and other equipment should all be in working order. If they have been poorly installed or have become faulty any such failure or consequential damage is in no way the responsibility of the company (irrespective of if an engineer working on behalf of the Company has touched them or not).

4.5 When completing the installation of new or upgraded pipework, the route for these pipes should be discussed with the customer and will need to be installed in a way which makes the most functional sense from an engineering point of view, not simply aesthetic. Pipework may need to be surface mounted and clipped in place. Our engineers will not bury pipework in the walls, under the ground or box the pipework in.

4.6 The customer understands that during/after any plumbing work carried out by the Company there could be changes in the water pressure in existing plumbing. Whilst the Company will exercise reasonable care in visually assessing the suitability of existing systems/pipework for any likely changes in pressure, the Company will not be liable for any damage caused to existing plumbing installations or any consequential damage caused by the failure or incompatibility of existing pipework, taps, valves, showers, other fittings or any appliances.

4.7 [Boilers & Showers] You should be aware that due to the wide variety of showers available in the marketplace it is not possible for the Company to determine if a shower and your boiler will be compatible. The Company will not be liable if your existing shower/boiler is not compatible for any reason with a new shower/boiler.

4.8 Whilst engineers working on behalf of the Company will take reasonable care not to damage wiring, plumbing and other services at your property, the Company cannot be held responsible for any consequential damage caused to existing services/installations that are not clearly visible.

4.9 The Company will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at the installation address whether they are visible or not. If you are unsure of the structural integrity of your building you should engage an appropriately qualified structural surveyor prior to any attendance the Company may arrange in connection with the contract.

4.10 Products and building materials can vary in colour, texture and general appearance. The Company accepts no liability for any materials used during the installation process having variations in colour, texture and general appearance. When matching materials (such as bricks and tiles) to existing materials which are part of the house, a close match is often not possible due to older products becoming obsolete and the effects of weathering over time. In summary, the Company accepts no liability for any materials introduced to the property matching any existing materials and explicitly states variations in colour, texture and general appearance are likely and will be accepted by the customer. The customer agrees to make available their own materials, at their expense, at the time of the work taking place if they would like a specific material (such as a matching brick) to be used.

4.11 Upon completion of all physical works at the property, the customer (or their representative) may inspect the work before the engineer departs. Once the Company’s appointed engineer is satisfied that the work is complete and the customer (or their representative) has been given the opportunity to inspect, then all works required to fulfil the contract are deemed to have been completed.

4.12 When installing new equipment other trades may be required to complete the work. For example, an electrician may be required to wire controls to a new boiler. In such circumstances, the company will endeavour to leave the equipment working until another engineer can attend and perfect the installation at a time convenient with the customer.

4.13 Sometimes things do not go to plan with the installation of new equipment. The customer agrees to give the Company and its engineers reasonable opportunities to put things right by providing access to the installation address and time to remedy any faults or problems. In addition to this, the customer undertakes to minimise or avoid any losses it may suffer as a result of the actions (or non-actions) of the Company or the appointed engineer.

4.14 New equipment can sometimes not function correctly once first installed (for example a part may have become dislodged internally during transit). The Company works proactively with both customers and product manufacturers/suppliers in such circumstances to rectify the issue as quickly as possible. Sometimes faulty equipment needs refitting which can cause significant delays and inconvenience; the Company will do all that it reasonably can to minimise disruption to the household. The Company are not liable for any loss of profit, loss of business, business interruption or business opportunity under any circumstances.

4.15 Installation timescales are approximate and shall be deemed to commence with effect from settlement of all details of the order and receipt of payment where applicable and are made subject to fires, strikes or lockouts and any other causes beyond the contract of the Company interfering with its execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract. Should the Company be required to amend the scheduled Installation Date due to engineer availability, then the Company shall not be held liable to compensate for Loss of Earnings. Every effort will be made to notify you (The Customer) of any change to the scheduled Installation Date at the earliest availability via any available communication medium.

4.16 Number of days is an estimate of how long it will take to complete your installation. Circumstances may arise whereby the number of days required to complete the installation will increase or decrease. Gas‘N’Elec Ltd are not liable for any loss of earnings or holiday as a result of an installation exceeding the estimated number of days. In the unlikely event of the installation taking longer than the estimated number of days, you will not be charged for additional time for works that are covered by your fixed-price quotation. It is a condition of this contract that your approval of such overtime is granted although we will endeavour to minimise any disruption or inconvenience. We will need access to the relative property at all reasonable times whilst the work is being executed.

4.17 Where combi 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 combination boilers.

4.18 Unless it is otherwise stated in the quotation and schedule of works, The engineer will connect onto your home’s existing electrical system. If the boiler location is changed as part of the schedule of works, then a new fused spur may be required. This quotation does not include the installation of a new fused spur, unless specifically stated. If there is no fused spur present, the boiler will be commissioned on a temporary supply, and it will be the homeowner’s responsibly to upgrade the electrical supply to meet current regulations.

4.19 The Company will take all reasonable care to carry out the installation. However, the Customer accepts that the installation, including the removal or dismantling of existing fixtures or fittings may cause damage to the decoration and/or the fixtures and fittings. This provision does not exclude the Company’s responsibility for damage, that is beyond which is reasonably commensurate with the installation. It is anticipated that certain areas in the Customers property may need redecoration following completion of the gas appliance or central heating installation. This will be the responsibility of the Customer and is not included in the price.

4.20 On the day of completion, should our engineer not be able to commission the new boiler fitted, due to an existing problem with the system, including: valves, controls, electrics and gas, a commissioning charge of £170 plus VAT will be applicable. The engineer will need to revisit the property in order to commission the boiler.

4.21 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 in of pipework is not included unless specifically detailed in the quotation. If we remove boxing, it will be down to the engineer’s discretion if the boxing is to be put back.

4.22 Cuts or holes made to allow for equipment will be made good but not permanently finished or redecorated. Floorboards will be re-instated or replaced when necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which must be lifted will be re-laid to the best of 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 the Customer’s responsibility and is not included in the price. Similarly, the Company accepts no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on the part of the Company, it’s servants, workmen or assigns.

4.23 Our engineers may need to gain access to the property main or garage roof – if a vertical flue is installed, condensation pipe coming from loft etc. Gas‘N’Elec Ltd do not hold any liability for damage to a roof if engineers have to gain access.

4.24 If your new boiler is to be installed in the loft space, the customer must ensure fixed floor boarding is installed in place of the new boiler. this can be arranged by the company, the boiler manufacturers stipulate that the customer must install a loft ladder, fixed light and hand rail for service and maintenance purposes.

4.25 If there is a prior appointment and if Tenant/Owner/Landlord does not allow or open the door of the property, the revisit charge of £60.00 plus vat will be applicable.

4.26 The gas/electrical safety inspection check will be deemed as pass or fail on engineer’s discretion and competency. The charges of that are non-refundable and to be paid in advance by the customer.

4.27 [Abnormal boiler flues]. If the flue length required to install a boiler is longer than 3m, the Company reserve the option to pass on to the customer costs associated with extra flue parts required. This will be clearly discussed prior to any installation commencing. None of the boilers supplied by the Company work with twin flue options, if the customer’s existing boiler has two flue pipes (ie one for air intake, the other for exhaust) then the customer should call the Company before placing their order to discuss suitable options. If the customer’s boiler is in the middle of the house and the flue goes out of the wall, please call the company before placing your order as this is an abnormal flue.

Waste Removal

5.1 The company will decommission and remove all non-hazardous, redundant material once the installation is complete, this includes removing and disposing of the redundant copper pipework, cylinder (where applicable) and the existing boiler. Should the customer decide they would like to keep any metal material then it is the companies’ stipulation that the customer will be required to dispose of the non-hazardous waste and rubbish from the work. This stipulation allows the Company to provide competitive pricing as we will recycle any valuable material wherever possible.

5.2 The prices specified in this agreement do not include the price of removing any dangerous waste materials such as asbestos found when carrying out the installation. If during the execution of the works, asbestos is encountered, the Company reserves the right to withdraw its operatives/engineers immediately until the site is made safe. The cost of removing asbestos is not included within the price. However, the Company upon request of the Customer will provide a cost for removing asbestos and will add this fee to the total quote.

5.3 Any water storage tanks made from asbestos in the loft which are decommissioned as part of the work will be left in place, unless specifically provided for in the schedule(s) in the quotation.

Finance and Payments

6.1 If paying by credit or debit card, the payment of cleared funds from the customer to the Company is required prior to delivery and/or installation of goods. Payment is only deemed to have been received once the funds are showing in the Company’s bank account as cleared funds. If the customer instigates an attempt to clawback payments (for example requesting a credit card chargeback) then the Company can pass on any costs and/or losses associated with dealing with and defending such action.

6.2 All final invoices issued by the Company to the customer are issued after payment has been made and goods have been installed. Whilst any money is outstanding, the Company is entitled to delay or defer any or all work without any penalty due from the Company to the customer whatsoever.

6.3 All the prices displayed by the Company include VAT unless otherwise stated. Delivery and other service charges will be confirmed on screen during the specification and purchase process. After the point a customer completes an order to the Company, the price should not change even if the applicable VAT rate does.

6.4 If you have entered a credit agreement with a finance provider the Company has introduced you to, you will need to enter a separate agreement with that provider (payment of the contract balance will be automatically processed between the Company and the Finance Provider when the balance becomes due).

6.5 If the Customer has entered into a Credit Agreement via one of 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, the subject to the terms of the 1974 Consumers Credit Act the contract balance will become immediately payable by the customer. This does not affect your statutory rights.

6.6 Title to the goods supplied remain with this company until payment for them has been satisfactorily received. All goods supplied remain the property of the Company even though installed, by way of a lien, until fully paid for and the Company reserves the right of re-entry to remove any such goods whether fixed or otherwise, which remain unpaid for.

GUARANTEE AND WARRANTIES-Boiler and Component

7.1 The Company guarantees pipework in direct relation to the appliance or any other items that were replace or installed during the works completed by The Company with a 12-month workmanship warranty from the commission date.

7.2 Most items of significant value supplied by the Company are supported with a manufacturer backed parts and labour warranty providing they have been inspected and maintained annually. For example, a gas boiler will need to be serviced annually by a Gas Safe Registered engineer. The cost of servicing and inspecting after installation is not included in the price of this contract unless explicitly ordered during the purchase process. The customer must organise and retain service records for their equipment which must be produced to the Company or manufacturer upon request if making a claim under the warranty. After the installation, the company will ordinarily register your equipment warranty with the manufacturer and may email you the relevant details. For the avoidance of doubt, the warranty is provided by the manufacturer of the equipment supplied and not by the Company.

7.3 You must notify the manufacture of any warranty claim against equipment or components as soon as reasonably possible once you become aware of the fault with a product.

7.4 Auxiliary equipment supplied (for example radiators and thermostats) typically benefit from a 2 year parts and labour warranty. Other equipment and components (such as water softeners) have different warranties, these will vary depending upon the manufacturer. The Company will provide details of any such warranties upon request.

7.5 Gas‘N’Elec Ltd work in partnership with several manufactures of heating controls, fitting, tube, filters and fixtures. Gas‘N’Elec Ltd use product from various manufactures. All our supply partners provide a standard 1-year parts and labour warranty, without a service contract.

7.6 The warranty does not cover acts of vandalism, third party negligence, acts of God or wilful damage. If suffered misuse, or if the company’s work is repaired, modified, or tampered with by someone else, Damage caused by circumstances outside the control of the Company or the equipment manufacturer.

7.7 The company will not accept any liability to replace or repair faulty components unrelated to the installation, System Rebalance, System Re-Pressurisation or System Air Bleeding. this also includes variation in the flow rate of water to any installed equipment.

7.8 The replacement of any lamps, bulbs or filaments are excluded from the warranty as are any timers, thermostats, lockout devices or other such devices that may be connected to, or part of, the equipment after the expiry of the individual items relevant warranty period as detailed by the manufacturer

7.9 The warranty set out above applies specifically to the equipment installed as part of this contract. Any existing timers, controls, radiators, towel rails, pipework, drains, other equipment or other devices are completely excluded from any warranty offered.

7.10 If the Company re-attend at the customer’s request but no fault is found, or the issue relates to something the Company are not responsible for, then the Company reserve the right to make a reasonable charge to cover costs for such an attendance.

7.11 No guarantee can be given on the integrity or suitability of any existing 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, pumps, Pipework, Showers Taps etc.

7.12 A system upgrade can lead to the system operating under higher working pressure. This can lead to small pre-existing holes or loose pipes in the heating system to start leaking or become more noticeable. This shall not be deemed the responsibility of the operative/engineer or of the Company. Should such a failure occur, additional work may be required at an additional cost.

7.13 The risk of any of the existing system failing once the new equipment is installed is solely the responsibility of the customer

Communication

8.1 All communication between the customer and the Company will be by email and Phone call. The customer’s email address and phone number used by the Company will be the same one supplied by the customer during the ordering process.

8.2 When the customer places an order with the Company via the website, the Company will send the customer an email acknowledging the order and details of the quotation with terms and conditions.

Cancellation

9.1 The customer has a right to cancel this contract within 14 days without giving any reason provided a Notice of cancellation is emailed to customerservice@gasnelec.co.uk either before any delivery is made, or within 14 days of the order being placed, or prior to the engineer attending site on the agreed date.

9.2 Any email sent intended to serve as your statement of cancellation should be clear and unambiguous. You may use the following style of wording although this is not obligatory “I/we hereby give notice of cancellation for the contract number [insert contract number] for the supply of [item you wish to cancel] to [property address]. Signed [insert your name].”

9.3 The customer will lose the right to cancel should the Company complete the installation of your new equipment within 14 days of your order being placed and the customers has requested that the Company perform services within this 14-day period as it will be deemed that the Company has been engaged to carry out urgent maintenance or repairs at the customer’s household.

9.4 If the equipment has already been delivered, then the customer can cancel the order and receive a full refund. For the avoidance of doubt, due to the nature of the equipment, only the Company’s appointed agents may transport equipment to be refunded. The customer is responsible for keeping any good to be refunded secure and provide access for collection when required.

9.5 In the event of suspension or cancellation of the work at the request of the Customer, or lack of instruction or delay on site caused by matters beyond the control of the Company any extra expenses thereby incurred or losses suffered shall be chargeable to the Customer along with reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.

If you would like any help or more information, please get in touch with our customer services team at customerservice@gasnelec.co.uk