Terms and conditions
- Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” or “You” means the customer for whom the Works are to be carried out by BOILER BOFFIN, “BOILER BOFFIN”, “we” or “us” means Boiler Boffin Ltd.
“Contract” means the agreement between the Customer and BOILER BOFFIN to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and BOILER BOFFIN) that agreement, “Works” means the works described in BOILER BOFFIN’s estimate and/or as referred to in BOILER BOFFIN’s Work Report Document or any other document or email issued by BOILER BOFFIN, as may be varied by agreement in writing between the parties.
For the purposes of these terms, “in writing” and “written” include by email, text message and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neutral and the feminine gender and words importing the singular number include also the plural number, wherever the context so requires.
2.1 All estimates given by BOILER BOFFIN,, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between BOILER BOFFIN and the Customer, except where these terms are a schedule to a signed agreement between the Customer and BOILER BOFFIN, in which event these terms apply only to the extent not inconsistent with that agreement.
2.2 The Customer acknowledges that BOILER BOFFIN has not made any representations (other than any expressly stated in the Contract and/or in BOILER BOFFIN’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and BOILER BOFFIN for the performance of the Works.
2.3 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of BOILER BOFFIN of any documentation of the Customer shall not imply any modification of the Contract.
2.4 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
- The Price, Quotations and Variations
3.1 Unless BOILER BOFFIN provides the Customer with a written Quotation which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of BOILER BOFFIN’s standard Pricing Terms applicable at the time the Works are carried out.
3.2 Any quotation by BOILER BOFFIN is subject to withdrawal by BOILER BOFFIN at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where BOILER BOFFIN provides the Customer with a quotation which is accepted by the Customer in accordance with its terms, that quotation will be considered a fixed price quotation unless otherwise specified by BOILER BOFFIN in the quotation and also except as follows:
3.3.1 A Quotation is based on the information made available to BOILER BOFFIN by the Customer. If during the conduct of the Works it becomes apparent to BOILER BOFFIN that that information was either incorrect or insufficient in any respect that BOILER BOFFIN considers to be material, BOILER BOFFIN reserves the right to inform the Customer and to increase the quoted price to take account of the revised information; and
3.3.2 if prior to carrying out the Works, there is an increase to BOILER BOFFIN of more than 10% in the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which BOILER BOFFIN’s quotation was provided, BOILER BOFFIN reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised quotation will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.4 BOILER BOFFIN’s standard pricing terms are available for inspection both on BOILER BOFFIN’s website (www.boilerboffin.com) and at BOILER BOFFIN’s premises during normal business hours. For any additional work required, which is not described as part of our standard pricing terms, labour will be charged in hourly increments. With each hour being charged at £78 (Including Value Added Tax).
3.5 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by BOILER BOFFIN to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
3.6 BOILER BOFFIN will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it, subject to a maximum mark-up of 25% of the actual cost paid by BOILER BOFFIN for the relevant item. The mark-up will reflect, at BOILER BOFFIN’s sole discretion, the level of trade or other discount that BOILER BOFFIN was able to obtain from the relevant supplier.
- Fixed Price Repair
4.1 Fixed price repair contracts include the cost of our labour only. Materials required in order to facilitate the repair, will be added to the final invoice.
4.2 Unless agreed to in writing by BOILER BOFFIN, the following list of exclusions will apply to fixed price repair contracts and the 12 month guarantee provided within those contracts;
i) Faults caused by build up of iron oxide (sludge) within the heating system.
ii) More than 1 separate fault within the same boiler or heating system. Whether or not a fault is separate will be decided at BOILER BOFFIN’s discretion on an individual case-by-case basis.
iii) Faults requiring the removal of fixed materials to facilitate a repair. Such materials include, but are not limited to; Floor boards, Tiles, Plaster, Brickwork, Cupboards, Pavement.
iiii) If the Customer chooses to decline the full repair after BOILER BOFFIN have attended and provided a fault diagnosis, they will be required to either
A) pay the required minimum fee, this fee is set at £100 for customers residing within the Greater London Area, and £90 for customers residing within the Hertfordshire area.
B) The fee will be waived if the customer Accepts a Boiler Replacement Quotation from BOILER BOFFIN and has this work completed by BOILER BOFFIN within 28 days of the original visit.
- Payment and Title
5.1 Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
5.2 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to BOILER BOFFIN without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
5.3 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless BOILER BOFFIN has agreed otherwise in writing.
5.4 In the case of consumer Customers, BOILER BOFFIN shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 8% above the Bank of England base rate at the relevant time together with such charges as may be incurred by any collection agent appointed by BOILER BOFFIN (with a minimum of £50 plus VAT in the case of amounts below £1,000 and a minimum of £115 plus VAT in the case of amounts of £1,000 or more). In the case of commercial Customers, BOILER BOFFIN will apply all relevant interest and charges as applicable under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time by Government legislation or regulation.
5.5 BOILER BOFFIN shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
5.6 Title in all parts, materials and other items supplied by BOILER BOFFIN shall not pass to the Customer until payment for the Works has been made in full.
- The Works
6.1 All descriptions, illustrations, etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
- Commencement and Completion Dates
7.1 Dates and times specified for the commencement and completion of the Works are estimates only. BOILER BOFFIN shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 15 below.
7.2 If the customer or a representative for the customer is not present at the chosen date and time, leaving BOILER BOFFIN unable to access the property in order to carry out the work as specified in the contract, the customer will be liable to pay a non-attendance fee at a fixed rate of £78 (Including Value Added Tax). This Fee will be charged in addition to any other fees as set out in the original contract.
- Permits, Licences, other Consents and Access
8.1 It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless BOILER BOFFIN agrees otherwise in writing. The Customer shall provide clear access to enable BOILER BOFFIN to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.
8.2 The Customer will at all times provide a safe working environment for BOILER BOFFIN and its employees, agents and sub-contractors for the purposes of carrying out the Works. BOILER BOFFIN will not be required to enter any property when they are occupied but the only occupant is a minor.
8.3 The Customer will provide all necessary power and a clean water supply for BOILER BOFFIN’s use in the execution of the Works.
8.4 The Customer must obtain any permission for BOILER BOFFIN to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify BOILER BOFFIN against all claims of whatsoever nature made by such third parties arising out of the presence of BOILER BOFFIN its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on BOILER BOFFIN’s part. The Customer shall be liable to BOILER BOFFIN for all loss or damage whether direct, indirect or consequential which is suffered by BOILER BOFFIN as a result of failure or delay by the Customer in performing the obligations referred to in this paragraph.
- Removal of Waste Materials
Unless agreed in writing between the parties, BOILER BOFFIN will remove and legally dispose of all waste materials from site, except for in circumstances where the removal of such materials is deemed unnecessary or impractical by BOILER BOFFIN.
- Force Majeure
BOILER BOFFIN will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond BOILER BOFFIN’s control.
- Inspection of Works and Complaints Procedure
11.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
11.2 If the Customer gives BOILER BOFFIN a notice that the works or any part thereof are not in accordance with the Contract, as per paragraph 11.1 above, BOILER BOFFIN shall be given access the site to examine the complaint and, if BOILER BOFFIN agrees that the Works were not completed in accordance with the Contract, to make good, at BOILER BOFFIN’S own cost and expense, any defect. If BOILER BOFFIN does not agree with the Customer’s complaint, the Customer shall be entitled to refer the matter to the relevant trade accreditation body (of which a list is maintained on BOILER BOFFIN’s website), with a view to mediation in accordance with the recommendations of the body, failing which the Customer shall be deemed to have withdrawn its complaint and shall be obliged to make payment in full for the Works in accordance with paragraph 4 above. If the Customer involves a third party contractor prior to giving BOILER BOFFIN a reasonable opportunity to correct any agreed defect or prior to exhausting the procedure recommended by the relevant accreditation body, any such involvement shall be at the Customer’s own cost and expense and BOILER BOFFIN shall be entitled to payment in full in accordance with paragraph 4 above.
12.1 Subject to paragraph 11 above and the exclusions listed in paragraph 12.4 below, BOILER BOFFIN undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of BOILER BOFFIN’s obligations under the Contract and provided that details of the defect are notified by the Customer to BOILER BOFFIN in writing within such period and that BOILER BOFFIN and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by BOILER BOFFIN and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4 above.
12.2 If BOILER BOFFIN returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of BOILER BOFFIN, BOILER BOFFIN reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above.
12.3 BOILER BOFFIN reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by BOILER BOFFIN or where payment has not been made in full for such work.
12.4 The exclusions referred to in paragraph 12.1 above are:
– Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, and are not guaranteed by BOILER BOFFIN.
– Systems or structures not installed by BOILER BOFFIN.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to BOILER BOFFIN prior to the work having been undertaken.
– Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than BOILER BOFFIN).
– Structural defects encompassing but not limited to subsidence and its resultant effect.
- BOILER BOFFIN’s Liability
13.1 These terms set out BOILER BOFFIN’s entire liability in respect of the Works and BOILER BOFFIN’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
13.2 BOILER BOFFIN’s liability shall be limited to:
– The repair or making good of any defect pursuant to its undertaking in paragraph 12 above and subject always to paragraph 11 above.
– Liability for death or personal injury resulting from negligence in the course of carrying out BOILER BOFFIN’s duties.
– The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from BOILER BOFFIN’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
BOILER BOFFIN will not be responsible for damage suffered to a part of the Customer’s property (whether or not BOILER BOFFIN is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
- Customer’s Liability
14.1 The Customer shall, in addition to its liability under paragraph 7.5 above and paragraph 15.1 below, be liable for:
– Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract.
– The safety of both plant and machinery belonging to or hired in by BOILER BOFFIN or its employees, agents or sub-contractors and shall indemnify BOILER BOFFIN against its loss, theft or damage.
14.2 The Customer shall indemnify BOILER BOFFIN against all actions, suits, claims, demands, losses, charges, costs and expenses which BOILER BOFFIN may suffer or incur resulting from a failure or delay in the performance of the Customer’s obligations, undertakings, representations or warranties in connection with the Contract.
15.1 If the Customer cancels the Contract without BOILER BOFFIN’s agreement other than pursuant to paragraph 3.3 above, subject to paragraph 15.3 below, the Customer shall indemnify BOILER BOFFIN against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to BOILER BOFFIN’s right to payment in accordance with paragraph 4 above or to the cancellation charges pursuant to paragraph 15.4 below.
15.2 If the Customer wishes to cancel an appointment for a visit by BOILER BOFFIN, the Customer will incur a cancellation fee of £78 (including VAT) if the cancellation is made 2 hours or less before the scheduled appointment time.
15.3 The Customer will be entitled to the following cooling off period: The period will apply with respect to planned non-emergency Works for which BOILER BOFFIN has provided a written estimate which has been accepted by the Customer in writing and the contract price of the estimated Works exceeds £1,000. The period will be for a period of 14 days following the day of the Customer’s acceptance of the estimate, and the Customer may at any time during that period by written notice to BOILER BOFFIN cancel the Works without any charge or penalty, subject to the cancellation charges referred to in paragraph 15.4 below and to the Works not having already commenced (with the agreement of the Customer).
15.4 When the Customer cancels Works, unless the cancellation is pursuant to paragraph 3.3 above, the Customer will be liable for (i) as a contribution to the bank and credit card charges incurred by BOILER BOFFIN, 5% of any amount already paid to BOILER BOFFIN and which is to be refunded by BOILER BOFFIN, and (ii) as a contribution to the administration, demobilisation and other costs incurred by BOILER BOFFIN, a charge of £50 (plus VAT) except that if greater, the charge is 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the quoted price if the cancellation is made less than 2 days prior to the said specified commencement date.
- Waiver, Variation etc.
No waiver by BOILER BOFFIN of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against BOILER BOFFIN unless sanctioned in writing by BOILER BOFFIN. No forbearance or delay on BOILER BOFFIN’s part shall prejudice BOILER BOFFIN’s rights and remedies under this Contract.
Terms of Business of Boiler Boffin.
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