Terms & Conditions for Boiler Installations and Warranty In these conditions Wise Energy is referred to as “the Company”
1. All the terms of the contract between the Customer and the Company are contained in the document and written specifications (if any) provided to the customer. No variation of the terms shall bind either party unless such verification is made in writing and signed by the party to be bound.
2. The Company, having discussed with the customer the requirements for the installation of the product as listed overleaf, may need to carry out a survey to take detailed measure- ments and/or specifications and any contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work on the contract should its surveyor(s) think fit to do so. Should this action become necessary, the liability of the Company in these circumstances is limited to the refund of any deposit paid by the custom- er and these sums will be returned immediately.
3. Any changes in materials and/or specification from those detailed in the quotation will only apply when supported by the Company’s variation letter, which must be signed by the customer.
4. Delivery/installation timescales are approximate and shall be deemed to commence with effect from settlement of all details of the order and receipt of payment of any deposit where applicable and are made subject to fires, strikes or lockouts and any other cause 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.
5. The Company will carry out the work in normal working hours Monday to Friday, but may on occasion need to use a reasonable amount of overtime to achieve completion. It is a condition of this contract that your approval to such overtime is granted although the Company will endeavor to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrange- ment charged for and agreed overleaf, it may be necessary for us to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing. The company will need access to the relative property at all reasonable times whilst the work is being executed and would expect the use of water, electricity and fuel supply to enable us to complete the work in accordance with the contract.
6. Due to the company’s policy of continuous improvement, 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. All alterations within the company’s literature and that of its suppliers are subsequently intended as a guide only.
7. Any concession, latitude or waiver allowed by the company at any time shall be without prejudice to their strict and full rights under this contract and shall not prevent the company subsequently exercising such rights.
8. Payment of the contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have been made to the company’s agents or representatives, the customer must retain a copy of the contract or invoice with the payment indicated and receipted by the person to whom the payment is handed. Cheques must be made payable in favor of the company only. The company reserves the right to charge interest at 2% over bank base rate on any overdue balances on a daily basis until payment is made. Romalpa Clause – All goods supplied remain the property of the company even though installed 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. The guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.
9. If the customer has entered in to a credit agreement via the companies nominated finance providers, the terms of their agreement will apply as part of this contract. If the credit agreement is later cancelled, then subject to the terms of the 1974 consumer credit act, the contact balance will become immediately payable. This does not affect your statutory rights.
10. In the event of suspension or cancellation of the work at the request of the customer, or lack of instructions or delay on site caused by matters beyond the control of the company, any extra expenses thereby incurred losses suffered shall be chargeable to the customer along with a reasonable addition for administration and overhead costs. The condition shall not be constructed as to effect any statutory or common law rights of the customer.
11. It is the customer’s responsibility to ensure that any license, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.
12. Whilst every care will be taken by the company it accepts no liability for any damage to plaster work, decorations, flooring, etc., which may be consequent upon the carrying out of the work detailed, unless specifically provided for. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floor boards will be re-installed or replaced where necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which have to 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, its servants, workman or assign.
13. All new systems/upgrades carry a comprehensive 12 months parts and labour installation warranty from the date of installation. No guarantee can be given however 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 pipe work, showers, taps etc. where products are connected to existing hot and cold water pipes, tanks, or cisterns, the installation is based on the assumption that the existing plumbing system is in satisfactory condition. Unless otherwise stated in the contract, the guarantee does not cover drains or defects due to fair wear and tear, the replacement of lams/bulbs and fuses or any causes beyond the company’s control. If any repairs, alterations or additions to the equipment, installation and/or apparatus are carried out by a person who has not been authorised by Wise Energy the guarantee may be rendered null and void.
14. 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 pipe work is not included unless specifically detailed in the quote.
15. Where combination 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.
16. It is responsibility of the customer to ensure a suitable fuel supply and meter is available to the relative property. Where this is not the case the customer will need to organise a supply via Transco or any other suitable pipeline or fuel provider. For gas, a gas meter will also be required, which will need to be arranged separately with gas supplier. Any costs incurred for the same are to be borne by the customer and are in no way part of the contract unless specifically included in the quote.
17. The price we quote does not include the cost of removing any dangerous waste materials, such as asbestos, that we could not reasonably identify when we gave you your quote. You can call a specialist contractor to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a ‘site clearance for the reoccupation’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.
18. The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace.
19. The contract price quoted is subject to any changes in Value Added Tax.
Radiators & Towel Rails
New radiators or towel rails where supplied and installed by Wise Energy as part of a new central heating system or system upgrade are covered by the boiler manufacturer’s warranty from the date of installation. Where a customer’s existing radiators are being utilised and connected to, they will not be covered under the standard warranty and the terms and conditions of clause 13 will apply.
Mixer Showers & Electric Showers
Certain showers are compatible with both mains pressure and gravity fed water systems and will operate with either Conventional or Combination Boilers. However there are hundreds of brands and models of varying ages installed which are not always easily identifiable. Some of these are specifically designed to suit the existing system and are not interchangeable. Although our representatives will endeavour to advise accordingly, we cannot be held responsible should an existing shower be incompatible on connection due to age or type.
20. As part of our responsibility, we are required to connect any new gas appliance to a gas supply that is safe and sound. Consequently we will need to carry out a gas soundness test on the first day of installation of any new boiler or heating system. Should there be any leak or defect within the existing gas pipe work we would have no alternative but to condemn the supply, or take steps to make the supply safe as necessary or re-pipe the supply prior to installation work being carried out. Although a fairly rare occurrence, any such work is totally unforeseen and may have to be charged as an extra amount.
Flow rates can fluctuate depending on the age and condition of the water supply and the time of day. The Company cannot be held responsible for Flow rates.
Where brickwork, stonework or other masonry has to be made good e.g. Original flue position from old boiler, we are unable to provide a match for the existing materials due to restrictions on availability and effects of weathering over the years. Wherever possible we will endeavor to provide a similar finish. Should a customer wish to provide his/her own materials for matching purposes the company cannot be held responsible for the quality of these goods.
21.Unless stated otherwise in ‘Any special Financial or Processing Arrangements’ all Boilers supplied and installed carry a manufacturer backed Warranty. All warranties are subject to annual service history. Please note, the price of the service is not included in the cost of the new boiler. The annual service must be implemented by a suitably qualified and approved registered engineer. Proof of annual service will validate the boiler warranty throughout the selected warranty year period. It is the customer’s responsibility to arrange the annual service.
Notice of Right to Cancel
22. The Customer has the right to cancel the contract. This right can be exercised by delivering, or sending formal notice to the business address stated below at any time within the period of 14 days starting with the date of receipt of this notice.
This notice of cancellation is deemed to be served as soon as it is posted or sent or in the case of electronic communication from the day it is sent. If work on the above contract has begun, with the Customers written agreement, before the end of the cancellation period, the Customer may be required to pay for any goods or services supplied. Any related credit agreement will automatically be cancelled if the contract for goods and services is cancelled.
If the Customer wishes to cancel the contract they MUST DO SO IN WRITING and deliver personally or send this to: Wise Energy Solutions Ltd, Unit 1 Amy Johnson Way, Blackpool Airport Business Park, Blackpool, FY4 2FG
Note: if you consent for work to begin within the cancellation period and you later exercise your right to cancel you will be liable for the cost of work performed up to the point of cancellation. You will also lose the right to cancel the contract within the cancellation period when the installation is completely finished. When this occurs the company can charge the full contract price.
Law and Jurisdiction
23. The Contract and any dispute arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims) shall be governed by, and construed in accordance with the provisions of English Law.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).