HEATLINK SERVICES LTD 

TERMS AND CONDITIONS 2019

PARTIES

For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Heatlink Services Ltd.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.

(c) “Services” shall mean the work carried out by Heatlink Services Ltd without an estimate

The Operative or Engineer shall mean the representative appointed by the Company.

GENERAL

1. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated engineer of the Company at its absolute discretion.

2. If you require a particular date for the works to be carried out the company will do all that it can to meet the dates given for the installation.  In the case of unforeseen circumstances, beyond reasonable control of the company, the company will contact you and agree an alternative date.

3. The company will carry out the work specified in the specified estimate during normal hours, which are between 8am and 5.00pm Monday to Friday.  Any variations or additions requested by you will be subject to an additional charge and if the company is delayed or prevented from completing such work by the agreed date due to delay or default on your part, the company may on written notice to you add to the charges at a reasonable sum in respect of any additional costs incurred

4. You shall at your own expense obtain all necessary consents for the installation of the works, including (without installation) building regulations and planning consents and where required any, consents from neighbours and your mortgage provider

5. You will provide reasonable access to enable installations to be completed.  You will also be required to provide the necessary service utilities for installation at no charge.

6. The company agrees to move all non-hazardous waste in relation to the works associated with the job. In the case of any dangerous and/or hazardous waste being encountered you will be expressly responsible for such safe removal. In any case where Asbestos is subsequently encountered you have a legal responsibility to remove prior to us attending site to carry out any such work on your behalf

7. If during the undertaking of the works, asbestos is subsequently encountered, the company reserves the right to remove its employees immediately until the site is made safe. The cost of removing asbestos is not included within the price

8. Where the company needs to connect new equipment to your existing plumbing or heating system, it will not accept liability for the cost of repairing or replacing parts of your existing system, which subsequently develops faults.

In certain situations the company may charge for visits made by the company’s engineer(s) if your system is faulty or has developed a fault after the installation has been conducted. The company will not accept liability where your central heating system does not function properly because your water supply becomes inadequate or the water pressure becomes invariable.

9. Heatlink Services Ltd accepts no responsibility for any existing installations that are present. This relates in particular but not only to any pipework, radiators and radiator valves, heating valves, pumps, shower pumps, electrical controls and/or bathroom / WC services.
10. In the event of the company being appointed to undertake a Power Flush of your heating system, Heatlink Services Ltd are not liable for any such leaks from components associated with having such work carried out. Any such parts/equipment required to make good such leaks will be charged in accordance with those provided by means of a written estimate.
11. The warranty for a boiler and or cylinder will be covered by the manufacturers as agreed in the quotation. The warranty only applies to the boiler. It does not apply to any existing parts of the system. All other works carried out by Heatlink Services Ltd (parts and labour) are guaranteed for 12 months from the date of completion. However, any existing components or pipework not changed are not included within this guarantee. Furthermore, all boilers installed by the company need to be serviced annually to remain under warranty
12. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
13. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
    (a) Subject to misuse or negligence.
    (b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
14. The company shall not have any liability for any failure to perform its obligations under any quotation if it is prevented from doing so by any cause reasonably beyond its control; including without limitation; adverse weather conditions, fire, accident or war, a failure or delay attributable to any electricity, water or gas network, the act or omission of any party for whom the company is not responsible. Furthermore the Company will be entitled to a reasonable extension of time for performing such obligations as a result of such delays.
15. The company will not be liable under this agreement for any loss or damage caused by the company or its employees or agents in circumstances where such loss or damage has resulted from breach by you of any term of this contract.
16. Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
17. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
18. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
19. The Company shall not be liable for any delay or for the consequences of any delay in The performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.

20. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently carried out by other contactors.

ESTIMATES

1. Estimates by the Contractor are subject to withdrawal by the Contractor at any time before the receipt of an acceptance from the Client and shall be subject to change if not accepted within 28 days from their respective date. Furthermore they expressly only cover the work described therein and any work requested by the client once work has commenced which is in addition to the prices quoted will be priced and invoiced for separately and will be subject to the same terms and conditions as other estimates

2  Unless otherwise specified by the Contractor in the relevant estimate, estimates are

not firm or fixed price quotations. They are estimates of the likely cost of the works and a best guesstimate of the approximate time to complete the job/works based on the information available before the works commence whether seen or unseen. However in all cases the company will endeavour to keep within the costs provided in the written estimate.

3 The Contractor’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with the Contractor’s standard day rate plus the cost of materials. Furthermore, the Contractor reserves the right to increase the price before carrying out the work by an amount equivalent to any increase to the Contractor in the cost of relevant materials since the date upon which the Contractor’s estimate, written or oral, was given

4 Where it is subsequently discovered there has been a manifest (typo) error when submitting the estimate this will be brought to the attention of the client and be subject to change whether it be inside or outside of the validity period of the estimate

5 Any estimates given orally will not be subject to any of the terms and conditions described herein and will only become effective once provided by the company in writing

INVOICES

You will be sent an invoice for payment within seven days of installation completion.  Failure to make payment within specific time periods as outlined within the quotation and/or as stated on the invoice and/or on the Terms and Conditions, will possibly result in the instigation of legal proceedings.

These will carried by a registered Legal firm and all proceedings will be governed in accordance with English Law and all such costs resulting in pursuing and obtaining payment will include all associated legal costs, travel costs and loss of earnings attributed to the recovery of such amounts outstanding against said invoice(s)

OTHER

These terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.

Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the such goods has passed to the Customer:
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.

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