TERMS & CONDITIONS(‘AGREEMENT’)
These Terms and Conditions constitute the entire agreement between us and you for the services we provide to your heating system. Please read these Terms and Conditions carefully. You should pay particular attention to Clause 9 which sets out the extent of our liability under this contract. These Terms and Conditions are written to be as clear and self-explanatory as possible but if there is anything that you do not understand or would like clarification on, please email us on email@example.com with your contact details.
SECTION 1 – DEFINITIONS
The following definitions apply in these Terms and Conditions: Central heating system – means the central heating system at the Premises including:
- the Boiler;
- the Controls (including electrical temperature controls);
- all pipes, radiators, valves, hot water cylinders and the central heating header tank.
- Contract – means these Terms and Conditions(‘agreement’).
- Controls – means the programmer/time clock, room thermostat (if fitted), cylinder thermostat (if fitted) and zone valves (but excluding the fused spur switch and any thermostatic radiator valves).
- Boiler service – Servicing boiler and its components as per British standards if MI not available.
- CP12 – Gas safety record.
- Gas safe certificate – CP12 or gas safety record.
- MI – Manufacturer’s instructions.
- Powerflush – means the Powerflush of your central heating system as further set out in clause 7
- Premises – means the domestic address where the Powerflush is carried out.
- Price – means the price you must pay for our services.
- We/us/our – means Joyinfotech Limited trading as ‘IdealGas Services’.
- You/your – the person or the company or people who have entered into this contract with us.
- Booking deposit – Non-refundable payment made to us to confirm the booking.
SECTION 2 - YOUR CONTRACTThe following definitions apply in these Terms and Conditions: Central heating system – means the central heating system at the Premises including:
This agreement shall become binding on you and us when:
- You make a verbal appointment; or
- We receive payment of the price; whichever is the earlier, at which point this Contract shall come into existence.
- Any quotation for the service is given on the basis that a binding contract shall only come into existence in accordance with clause 2.1
- Where we do not carry out an inspection of your heating system before giving you a quotation, we will be relying on the information provided by you in giving this quotation. Should this information be inaccurate or if following an inspection of your heating system we are unable to offer this product or service for any reason, we may increase the price or cancel this contract as a result. If we increase the price, we will tell you as early and as clearly as possible.
- We carry out pre work investigation before starting our service. If we find out that any component (such as radiator valve etc.) of heating system are not functioning well or faulty and may impact the overall performance of the work. We may offer/ask to repair/replace any components at additional cost. If this is the case, we will inform you the exact additional amount. If you refuse to agree such work, we may not be able to carry out the work. You shall be liable to pay the minimum call out charges set out in cancellation section 8
- You must pay the price in full before we commence our service. We may negotiate with you to pay deposit at our sole discretion, in that case, you must pay the outstanding balance in full upon completion of the service.
- We will endeavour to carry out the service on the date(s) we have agreed with you. However occasionally performance may be affected by factors beyond our control and so this cannot be guaranteed. We will let you know if we become aware of an unexpected delay and we will arrange with you new date(s) to carry out the service.
- We are entitled to invoice full quoted price in case you fail to agree new date(s). You must agree to new date(s) if we cannot complete the service on the agreed date(s) as per clause 2.6.
- The engineer will take pictures of the installed equipment for auditing and training process and for our own records. The engineer may also attend with other people including managers, supervisors, trainees or apprentices. From time to time, the company may use these images for marketing or promotional purposes.
SECTION 3 - CONDITIONS AT THE PREMISES
You are responsible for making sure that:
- conditions at the premises are suitable for us to carry out the service;
- all the necessary facilities, services and supplies are already installed and working at the Premises. These include earthing and the supply of gas, electricity, water and appropriate drainage access.
- If we consider that the conditions at your premises are not suitable for us to carry out the work.
- If you do not comply with your obligations under the clauses SECTION 3, We will have the right to cancel the Contract in accordance with clauses in SECTION 8.
- We are only permitted to install gas appliances in domestic properties which are fitted with a domestic gas meter. If your property operates commercially or has a commercial gas meter installed, then we are unable to install any appliances and your order will be cancelled as per clauses in SECTION 8.
- If, upon physical inspection of the site, it is determined that specialist 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. If the customer declines any extra equipment, work required or cost to facilitate the installation work they are entitled to a refund as per clauses in SECTION 8.
SECTION 4 - YOUR RESPONSIBILITIES
Treatment of our staff
- You must at all times behave appropriately when our staff visit your premises. You must not physically or verbally abuse our staff in any circumstances.
- If you physically or verbally abuse our staff who visit your premises, we may cancel your contract.
Access to Premises
- It is your responsibility to let us into the premises at the time of our appointment to carry out the work. If we are not able to gain access to the premises at the time of the appointment, because you are not available to provide access, we will not be able to carry out the work. In these circumstances, we will write to you and inform you that we were not able to carry out the work.
- If we fail to gain access to your premises to carry out the Powerflush at the time of the appointment, we reserve the right to charge you for our costs in attending your premises for that appointment. If we fail to gain access on two consecutive occasions, we may cancel your contract.
- If we identify any remedial works/issues needed for the heating system, you shall agree to carry out such work at additional expense and time.
- Our warrantee is null and void if such remedial work is not done. We require to see the proof of such work done.
- You acknowledge that you have taken professional advice in relation to your heating system issues, advantage and risk of doing Powerflush.
- You acknowledge that Powerflush is the process of removing debris, rust and residue of small and big size from the system with use of chemicals and water flows with pressure. You shall take full responsibility and acknowledges the risk associated when requesting and or confirming the service.
- We will try our best to leave your heating system in working order with reasonable due care, however there is chances where any unknown leak/leakage opens in the heating system (including any part or component of heating system such as boiler etc.) We shall not be responsible for such defect or outcomes and you shall take full responsibility to manage it at your own expense and time.
- Any leak or leakage known or unknown before or after our service is your responsibility.
- It is your responsibility to ensure there is adequate vehicle parking for the engineer to park their van within 30 meters of the entrance to the property. Any charges for parking or permits are to be paid for and arranged by the yourself or reimbursed to us.
SECTION 5 - ORDERING
- The purpose of the online quote tool is to provide you with fixed, online price for our services based on the information you enter about your property and current heating system. You may be presented with a range of products from which they can select one. Replacement boilers are offered as part of standard itemized packages and include installation by Gas Safe engineers. You have the option to proceed with a standard package or purchase additional products or accessories as part of a bundle.
- We will make recommendations for boilers and accessories based on form questions answered. All the relevant information is listed for each boiler and accessory during the checkout process. It is your sole responsibility to ensure the boiler and accessories you select are suitable in terms of dimensions, power and performance.
- If you wish to proceed with the quotation, full payment is secured prior to installation whether that be through credit/debit card or any other payment modes. After this point, the order will be passed to the scheduling team and confirmations via email and/or telephone from the team will follow.
- By placing an order, you are confirming you are the owner of the property detailed in the quotation (or the email confirmation) or that permission from the owner has been granted.
You need to be aware that the quotations provided are only valid and fixed on the basis the data entered into the quote tool being honest and accurate.
- If upon visitation of the site, any information provided by you is found to be false or inaccurate then your installation will be halted, and a member of our team will contact you to provide a re quotation based on the correct information. If you choose to proceed with this quotation and appropriate provisions for payment are sought, then we’ll work with you to schedule a date for your installation. You must be aware that it is not always possible for this to be on the same day as the original installation date. If you decide not to proceed, we’ll cancel your order and issue a refund in accordance with clauses in SECTION 8.
- We reserve the right to refuse or cancel any order.
SECTION 6 – NEW BOILER INSTALLATION, RELOCATION
- Depending on availability of the materials will either be delivered to the property by our suppliers or the appointed installer may bring with them.
- In some circumstances, the materials will arrive to site before the installer does. On the installation day the you should be aware that deliveries start from 7.30am. Materials must be kept in a safe, dry place.
- The existing system will be drained down where necessary and redundant materials will be carefully disconnected and removed from site. Dustsheets will be used to protect your furnishings.
- Your old boiler will be de commission and removed. The new boiler will be installed on the wall, the pipes connected, and the condensing trap installed to the nearest drain or soak away (the installer will discuss the final termination point with you on the day).
- If your gas supply pipe is required to be upgraded to meet current standards, then this will be completed as part of your fixed price quotation. The installer will discuss the routing of the gas pipe before starting work. If you do not agree to have the pipe upgraded then the order will be cancelled and a refund issued as per cancellation clauses in Section 8.
- If applicable, the fanned flue terminal will be carefully cut through the outside wall and sealed. Every care will be taken to minimise the disturbance of brickwork. If necessary, a suitable flue guard will be fitted and protection to eaves or soffits will be included where applicable.
- The system will be charged with water and a powerflush will be completed using approved manufacturer chemicals. If you have upgraded to a Pro Flush, this will be completed in place of the chemical flush. Once the flushing process is complete, corrosion proofer is added to the system.
- All wiring to the boiler, pump and controls (if applicable) will be carried out to current BS 7671 standards and surface installed.
- The installer will test and adjust the boiler and controls and leave the system in good working order. The Installer will ensure that you are satisfied with the work and that you understand the controls, as well as carrying out the necessary safety checks.
- The boiler will be commissioned, and relevant paperwork completed. The installer will demonstrate to the customer (or their representative) how to operate the new boiler, controls and accessories (if applicable).
- Any redundant materials including but not limited to; your old boiler, packaging, hot water cylinder, storage tank & pipework will be removed as standard with every installation and disposed of or recycled in accordance with all relevant local authority and/or Government guidelines. If you wish to retain any of these materials, you must inform the us at the point of order. We will not be liable to return or reimburse material value for such items after the installation has begun. No financial compensation will be issued for materials removed.
SECTION 7 - THE POWERFLUSH
- Prior to carrying out the service, our engineer will advise you of any deficiencies with your central heating system that may cause the problem with your central heating system to return after the service has been undertaken. In these circumstances our engineer will provide you with a quote for the cost of carrying out any additional work which may be necessary. If you decline to have the necessary work done, we may cancel this Contract and you will have to pay us any costs we have reasonably incurred in connection with the contract which we shall be entitled to invoice you for.
- Before We carry out the Powerflush, you must clear any furniture or fittings from any rooms or roof space that we need to enter to carry out the Powerflush. If you would like us to carry out any exceptional clearing work, we can do so but we are not liable for any damage caused as a result (unless we have been negligent) and we may charge you a small amount to carry out this work (which we will agree with you beforehand)
In carrying out a Powerflush of your central heating system, We shall:
- Add chemicals to your central heating system;
- Remove your central heating pump and check its condition. We will tell you if it needs replacing and provide a quote for us to do this;
- Use a Powerflush machine to flush through each radiator and section of your central heating system;
- Add an inhibitor to your central heating system once the work has been completed, which will help to prevent future corrosion inside the central heating System.
When carrying out the Powerflush, We will:
- take reasonable care to avoid disruption at your premises;
- remove all waste material;
- clean up after ourselves;
- Whilst we will use all reasonable endeavours to discover any deficiencies with your central heating system before carrying out the Powerflush, we are not responsible for any damage caused by the Powerflush as a result of any faulty components and equipment, poorly made joints or pin-holed radiators caused by internal or external corrosion that could not have been reasonably identified before the Powerflush commenced.
- Balancing the system is included in the job; however, getting rid of airlocks may be subject to charge, please ask for our hourly rate.
- Any additional radiators we have not been told about when giving a quote is subject to additional charge per extra radiator. If the heating system type is different than we have quoted for, the price may be increased on top of the original quote.
Following work is not included in the Powerflush:
- In some cases, radiators that will have to be physically removed and washed out manually as the sludge in them, might be too thick or have pieces too large, to get flushed through the narrow radiator valve/s on either side.
- On boilers with hot water problems; the secondary heat exchanger might have to be manually removed and flushed out or de-scaled as powerflush the system cannot always clean this part and the sections of pipe leading up to and from it, completely.
- On open vented systems (systems with water tank in loft or cupboard) the cold feed pipe might have to be cut out and cleaned after or during the flush, because the build-up sludge in this section tends to be hard and standard powerflush cannot always clean it completely.
- Pipes which are completely blocked or ceased or crushed and has no water flow which need new pipe installation or replacement.
- Non-plumbing tasks - cutting floors, ceilings etc.
- Any remedial works needed to the boiler or heating system or pipe work.
- Removing obstruction or furniture or carpet moving to get access to the radiators.
SECTION 8 - ENDING THIS CONTRACT
Neither you nor we may cancel this contract unless:
- the Terms and Conditions allow it; or
- We are in breach of any of the terms of this contract in which case you shall be entitled to cancel the contract; or
- You are in breach of any of the terms of this contract, in which case we shall be entitled to cancel the contact; or
- there is a health and safety issue that means it is inappropriate for the contract to continue, in which case, we may cancel the contract.
- If you cancel the contract in accordance with clause 8.1.2, our liability to you is set out in clause 8.
- Without affecting any other right or remedy we may have, if we cancel the contract, where we are permitted to do so under clause 8.1, we shall be entitled to claim our reasonable costs in carrying out the contract until the date of cancellation.
- We are entitled to claim our minimum call out charges, if we have visited your property. please ask for our rate.
SECTION 9 - LIABILITY
- We are liable for death or personal injury caused by our negligence and for any other matter for which it would be illegal or unlawful for us to exclude or limit or attempt to exclude or limit our liability.
- We are responsible for any direct loss that is a foreseeable consequence of our breaching this contract, our negligence or our breach of statutory duty.
We are not liable for any other loss, including (but not limited to):
- losses caused by an event or circumstances beyond our reasonable control;
- any loss of income, revenue, profit or anticipated savings;
- any business losses.
We are not liable for:
- any damage caused by failures of your heating system, that result from your decision not to carry out remedial work that we have recommended;
- loss or damage to the heating system, any components of heating system, premise(s) or place(s), during or after our services.
- normally insured risks, such as subsidence, structural repairs, fire, theft, accident, explosion, flood or storm;
- remedial work arising from structural or renovation work carried out in the premises by you or a third party, for example the removal of radiators or addition of new equipment or system extensions.
- any breach caused by circumstances beyond our control.
SECTION 10 - OUR COMMITMENT AND FUTURE SERVICES
- The services will be carried out by our engineers with all reasonable skill and care.
- We shall not be required to carry out a service free of charge where the service is required as a result of willful damage, accident or negligence by you or any third party, your use of the central heating system in a way that we do not recommend, your failure to follow our instructions, any alternations or repairs you carry out to the heating system without our prior approval.
- Warranty for our service can be given only if the job is completed in full: and that all recommended tasks and repairs are carried out as well.
Warranty can be only be obtained after every service
- if the payment for the service is accounted fully for, and
- the warranty is only applicable to the service provided and is specified in quotation in writing.
- The pre work investigation apply to the most common problems. Any other investigation is subject to charge; please ask for our hourly rate.
SECTION 11 - GENERAL PROVISIONS
- This contract is personal to you and the premises. You may not transfer your rights or obligations under this contract to any other person or property without our prior written consent.
- ‘IdealGas’ is trading name of JoyInfoTech Limited
- Joyinfotech Ltd are registered, regulated and monitored by Gas Safe (Company registration number: 08155147).
- Any concession, latitude or waiver allowed by us at any time shall be without prejudice to their strict and full rights under this contract and shall not prevent us subsequently exercising such rights.
- We may transfer our rights and obligations under this contract to another company. If we do so, this will not affect our and your obligations or liabilities under this contract.
- Nothing in this contract will affect either our or your statutory rights.
- If two or more people have entered into this contract with us, each person will be jointly and severally liable to us for any money owed. This means we will be entitled to claim all of the money owed from any person.
- This contract is governed by the laws of England and Wales.
Updated: 03 January 2021, V1.0