Terms & Conditions
Heat Firm Ltd Terms & Conditions Agreement
1. Definitions
1.1 The “Company” shall mean Heat Firm Ltd.
1.2 The “Customer” shall mean you, the person engaging the Company for services as outlined in this Agreement.
1.3 “Services” shall mean the following services provided by the Company: boiler service, landlord gas safety reports, boiler repairs, boiler installations, and central heating installations and repairs, as detailed on the Company’s website: www.heatfirm.co.uk.
1.4 “Equipment” shall mean the boiler, central heating system, or related components serviced, repaired, or installed by the Company.
1.5 “Charges” shall mean the fees for Services as outlined on the Company’s website or provided in a quotation.
1.6 “Excluded Works” shall mean the exclusions described in Schedule 1.
1.7 “Commencement Date” shall mean the date the Customer agrees to engage the Company for Services.
1.8 “Parties” shall mean the Company and the Customer, and “Party” shall mean either one of them.
2. Services
2.1 The Company will provide the Customer with the following Services, subject to these terms and conditions, which, together with the Company’s standard conditions of sale, constitute the entire Agreement:
– **Boiler Service**: Routine maintenance and safety checks on the Customer’s boiler.
– **Landlord Gas Safety Reports**: Gas safety inspections and certification for landlords, compliant with Gas Safety (Installation and Use) Regulations 1998.
– **Boiler Repairs**: Repair work on boilers and their integral controls.
– **Boiler Installations**: Installation of new boilers, including necessary components.
– **Central Heating Installations and Repairs**: Installation or repair of central heating systems, including radiators, pipework, pumps, and valves.
2.2 Services will be provided during standard working hours (8:00 AM to 5:00 PM, Monday to Friday), except for emergency boiler repairs, which may be available outside these hours subject to the Company’s discretion and additional charges.
2.3 The Company will endeavour to respond promptly to requests for Services, aiming to attend within 24 hours for emergency repairs where possible.
2.4 All Services are subject to the Company’s assessment of the Equipment. If the Equipment is deemed unsafe, non-compliant with current regulations, or uneconomical to repair, the Company reserves the right to refuse service or propose alternative solutions (e.g., replacement).
3. Excluded Works
3.1 The Services do not include the Excluded Works listed in Schedule 1. The Company may perform Excluded Works at its discretion, subject to additional charges at its standard hourly rates.
4. Charges and Payment
4.1 Charges for Services are as quoted on the Company’s website or in a written quotation provided to the Customer.
4.2 Payment is due in advance for boiler services, landlord gas safety reports, and installations, or within 7 days of invoice for repairs, unless otherwise agreed. Payment may be made by credit/debit card, bank transfer, or other methods specified by the Company.
4.3 Additional charges may apply for:
– Emergency visits outside standard working hours.
– Excluded Works or replacement parts not covered by warranty.
– Any unforeseen complications identified during the performance of Services.
4.4 Charges are exclusive of VAT, which will be added at the prevailing rate.
4.5 The Company reserves the right to adjust Charges with 30 days’ written notice. If the Customer does not accept the adjusted Charges, they may terminate the Agreement in writing within 14 days.
4.6 Non-payment of Charges by the due date may result in the Company suspending or terminating Services without notice.
5. Customer’s Obligations
To facilitate the provision of Services, the Customer shall:
5.1 Ensure the Equipment is accessible, safe, and in a suitable environment for the Company’s engineers to perform Services.
5.2 Operate the Equipment in accordance with the manufacturer’s instructions and the Company’s advice.
5.3 Not modify, move, or tamper with the Equipment without the Company’s prior written consent.
5.4 Provide accurate records of Equipment operation or malfunctions when requested by the Company.
5.5 Ensure a stable supply of water, gas, and electricity to the Equipment.
6. Liability
6.1 The Company shall use reasonable endeavours to perform Services to a high standard but shall not be liable for any loss or damage arising from Equipment stoppage, breakdown, or failure, except where caused by the Company’s negligence.
6.2 The Company shall not be liable for damage to the Customer’s property unless caused by the Company’s negligence.
6.3 The Company does not warrant that the Equipment complies with current building or gas safety regulations. If the Equipment is found to be non-compliant or unsafe, the Company may terminate Services without liability or reimbursement.
6.4 The Company’s liability for any claim arising from this Agreement shall be limited to the Charges paid for the specific Service giving rise to the claim.
**7. Replacement Parts**
7.1 Replacement parts supplied by the Company remain the Company’s property until paid for in full.
7.2 The Company may use refurbished or compatible parts where appropriate, unless otherwise agreed.
8. Force Majeure
8.1 The Company shall not be liable for delays or failure to perform Services due to circumstances beyond its reasonable control, including but not limited to acts of God, strikes, or supply chain disruptions. The Company will notify the Customer promptly and resume Services as soon as practicable.
9. Commencement and Termination
9.1 This Agreement commences on the Commencement Date and applies to each Service engagement unless terminated earlier in accordance with this Agreement.
9.2 Either Party may terminate this Agreement:
– By providing 14 days’ written notice.
– Immediately if the other Party breaches a material term of this Agreement.
– If the Customer becomes bankrupt, enters insolvency, or makes arrangements with creditors.
9.3 Termination does not affect the Customer’s obligation to pay for Services already performed or parts supplied.
10. Non-Assignable
10.1 The Company may assign or subcontract its obligations under this Agreement.
10.2 The Customer may not assign, transfer, or delegate any rights or obligations under this Agreement without the Company’s prior written consent.
**11. Variation**
11.1 No variation to this Agreement shall be valid unless made in writing and signed by both Parties.
12. Notices
12.1 Notices under this Agreement must be in writing and sent by first-class mail or email (confirmed by first-class mail) to the addresses provided by the Parties.
12.2 Notices are deemed received:
– Three working days after posting (first-class mail).
– Seven working days after posting (air mail).
– The next working day after email transmission, provided confirmation is sent by mail.
**13. Law and Jurisdiction**
13.1 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts.
14. Third Parties
14.1 This Agreement does not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999.
Schedule 1: Excluded Works
The following are excluded from the Services unless otherwise agreed in writing:
1. Modifications or additions to the Equipment.
2. Peripheral items or consumables (e.g., batteries, filters).
3. Defects caused by misuse, neglect, or failure to follow manufacturer or Company instructions.
4. Repairs or replacements due to limescale, corrosion, sludge, or other system deposits.
5. Issues caused by failure of water, gas, or electricity supply.
6. Damage from lightning, frost, flood, fire, or similar external causes.
7. Repairs to flues, concealed pipework, or building structures.
8. Replacement of primary heat exchangers or internal expansion vessels (unless accessible from the front of the boiler).
9. Issues with hot water supply from cylinders to taps, including washers.
10. Adjustment of time or temperature controls.
11. Faults present at the Commencement Date or within 31 days thereafter.
12. Repairs to fan-assisted radiators, towel rails, immersion heaters, designer radiators, primatic cylinders, thermal stores, custom-made cylinders, or secondary boilers.
13. Replacement of gas water heaters or back boiler flues.
15. Cancellation
15.1 The Customer may cancel a Service booking within 14 days of agreement, provided no work has been performed, by notifying the Company in writing (mail or email).
15.2 Deposits or fees for Services already scheduled or performed are non-refundable unless cancellation is due to the Company’s fault.
16. Validity
16.1 This Agreement is valid from the Commencement Date and applies to each Service engagement.
16.2 The Company reserves the right to review and amend these terms annually, with 30 days’ notice to the Customer.
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