Terms and Conditions for Clever Energy Boilers

Please read this document carefully as it will tell you everything you need to know about how we deal with each other when we carry out installation work in your home.

Boiler and Heating Controls Terms and Conditions

1. Definitions

1.1 The “Company” means The Green Deal Factory Ltd, a company incorporated under the laws of England and Wales, registered at Companies House with company number 07117118 and with a registered office at 16 York House, Wool Gate, Cottingley Business Park, Cottingley, Bingley, West Yorkshire, BD16 1PE.

1.2 The “Customer” means the other party to the contract, being the party other than the Company.

1.3 The “Parties” means the Company and the Customer and “Party” shall be interpreted accordingly.

2. Survey

2.1 The Customer shall permit the Company to carry out a survey of the installation site at the Company’s option for the purpose of ascertaining detailed measurements and/or specifications.

3. Cancellation Rights

3.1 The Company may cancel the Parties’ contract at any time prior to commencing installation work, whether after or before any survey is completed. If the Company cancels the Parties’ contract pursuant to this clause then the Company will refund any deposit paid by the Customer and the Company shall have no further liability.

4. Cooling Off Period

4.1.1 You can cancel this agreement up to 14 days after the date of the agreement. The date of the agreement is the date when all details of the order are settled. This is called your “cooling off” period.

If you cancel your agreement after the cooling off period, we will charge you reasonable costs for:

4.1.2 Any work already carried out, or 70% of the total contract value.

4.1.3 Any goods already installed into your property, or 80% of the total contract value.

4.1.4 You won’t be able to cancel once work is fully completed or the goods have been installed into your property. We can deduct our costs from any deposit you’ve paid or bill you for them.

You must cancel your order in writing by email or recorded delivery.

5. Timescales and Force Majeure

5.1 Timescales indicated for delivery and installation are approximate and time periods indicated are counted from such time as all details of the order have been settled and payment of any agreed deposit has been received in full.

5.2 The Company shall have no liability for delay caused by fire, flood, strike, lock-out or any other cause beyond the reasonable control of the Company. Delays may incur additional charges payable by the Customer as set out at clause 9 below.

5.3 Work pursuant to the contract will usually be carried out during the Company’s normal working hours Monday to Friday, but the Company may carry out work after normal hours although the Company will use reasonable endeavours to minimise disruption and inconvenience.

If work is carried out outside the Company’s normal working hours pursuant to the Customer’s request, then the Company may add an additional charge in accordance with its normal charging practice or alternatively, at the Company’s option, such additional charge as may be reasonable, unless the hours of work requested are stated in agreed form in writing.

5.4 With respect to performance by the Company of its obligations pursuant to the contract, time shall not be of the essence of the contract.

6. Site Access, Utilities and Responsibilities Regarding the Site

6.1 The Customer will permit the Company by its employees and/or agents to have access to the installation site at all reasonable times for the performance of the contract, including for carrying out any survey prior to installation. The Customer will permit the Company free use of water, electricity and gas, where connected, so as to enable the Company to perform its obligations.

6.2 It is the Customer’s responsibility to ensure that any licence, permit or other authorisation necessary for the execution of the work is obtained and that the workmen carrying out the work on behalf of the Company are fully aware of the extent of the correctly ascertained boundaries of the site and any other site-specific legal parameters affecting how the work can lawfully be carried out.

6.3 The Customer accepts that damage to the installation site, including but not limited to plasterwork, decorations, fixtures, fittings and flooring, may be necessary consequent upon or reasonably incidental to the work, and that, subject to the works that are carried out being executed with reasonable care, the Company shall have no liability for such damage.

Cuts or holes made to allow for equipment will be made good but not permanently finished or redecorated. Floor boards will be reinstated or replaced where necessary but special and/or laminated flooring will not be permanently re-fixed. Carpets which have to be lifted will be re-laid to the best of the workman’s ability but the Company cannot accept responsibility for relaying carpets that have been nailed down or glued down.

6.4 The Customer confirms they have discussed the installation arrangements with the Surveyor and is aware that they need to prepare work areas to include lifting carpets and/or laminate flooring where indicated by the Surveyor or installer. The Customer understands that it is their responsibility to replace these after the works are complete. They are aware of the pipe runs and flue arrangements.

All reasonable efforts to identify asbestos containing materials were taken as part of the Technical Survey. The Customer understands that if any asbestos containing materials are discovered after work has started they must not be disturbed and work must stop until the asbestos containing materials are suitably removed.

The Customer is aware that asbestos containing materials removal and any associated cost is their own responsibility. The Customer accepts that after works completion, redecoration may be necessary and this is their own responsibility.

The Customer understands that the works may be inspected and agrees to this inspection.

The guarantee we provide does not extend to your full central heating system. It is limited only to the work we do and the things we install. We recommend that you take out cover on the central heating system. If the heating system is to be pressurised then you fully understand the associated risks and any consequential costs are to be wholly your responsibility.

6.5 The Company shall not have any liability for damage attributable to structural defect or weakness in the installation site save to the extent that such damage is the foreseeable consequence of negligence on the part of the Company, its employees and/or agents.

6.6 The Customer accepts responsibility for ensuring that existing fixtures and fittings to which goods are to be connected, including but not limited to hot and cold water pipes, tanks, cisterns and any elements of the plumbing system, are in satisfactory condition. The Company separately offers an extended warranty scheme, copies available on request, which will apply if agreed by both Parties under a separate contract.

6.7 The Customer accepts responsibility for ensuring that a suitable gas supply is available at the installation site. Where that is not already the case, the Customer will need to organise a supply through Transco or any other suitable pipeline provider. The costs of this are the Customer’s responsibility unless otherwise agreed between the Parties in writing.

6.8 The Customer accepts responsibility for ensuring that a suitable gas meter is available at the property. The costs of this are the Customer’s responsibility unless otherwise agreed between the Parties in writing.

6.9 The Customer accepts responsibility for making proper arrangements for the removal of, and for the costs of removing, any dangerous materials, for example asbestos, which are not specifically detailed on the order form in a form agreed between the Parties. The Customer can use a specialist contractor to remove such materials or the Company may be able to arrange that service on the Customer’s behalf at the Customer’s cost.

6.10 The Customer accepts responsibility for replacing any shower units which prove to be incompatible with the goods installed pursuant to this contract and/or with the manner of the installation of such goods, and for the associated costs. The enormous range of shower types in use means that it is not always possible to identify whether issues of incompatibility are likely to arise.

7. Variable Specification

7.1 The Company may unilaterally upgrade the specifications of products and procedures in line with changes in its normal range of products and procedures and will be entitled to raise an additional charge in respect of such upgrades.

If the Company intends to invoke this clause the Customer will be informed of the additional costs prior to commencement of work and the Customer will have the option to decline the upgrade, in which case the Company may then cancel the contract pursuant to clause 3 above.

8. Extent of Work

8.1 As it is necessary that pipework should be accessible, the Company will not normally bury pipes in solid floors or walls and pipework may therefore be left exposed. Boxing in of pipework is not included in the contract price unless specifically detailed on the order form in agreed form.

8.2 Where brickwork, stonework or other masonry requires to be made good following installation work, the Company cannot promise to provide a match for existing materials, given the availability of materials and the effects of age and weathering.

Wherever possible the Company will endeavour to provide a similar finish. An allowance against the price may be agreed between the Parties at the time when the initial order is placed if the Customer is to provide materials for use in making good brickwork, stonework or other masonry.

8.3 Where combination boilers are supplied, hot water flow 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.

8.4 The Company is not obliged to proceed with any work at the site if dangerous material, such as asbestos, is detected at the installation site, save where specifically detailed in written form agreed between the Parties on the order form.

In the case of asbestos, the Company will resume work once the dangerous material has been removed and a “site clearance for reoccupation” certificate is duly provided. A specialist asbestos removal company can provide such documentation.

8.5 Where radiator valves are to be fitted or replaced in the course of the work, thermostatic radiator valves will be fitted in accordance with current building regulations and/or CHeSS recommendations for Best Practice in Housing Energy Efficiency. “CHeSS” means “Central Heating System Specifications”.

8.6 The Company will carry out a gas soundness test on the first day of installation of any new gas-powered boiler or heating system. If there is a leak or defect within the existing pipework then the Company, at its option, will condemn the supply or take steps to make the supply safe or repipe the supply prior to the installation work being carried out.

A further charge will be made for any work to be carried out to make the supply safe or repipe it. Where such work is carried out on a non-emergency basis such work will be agreed with the Customer and extra charges agreed in advance.

8.7 Cold water flow measurement will be taken by the Company’s sales representative on first visit to the installation site.

8.8 The quoted price does include removal of non-dangerous waste material.

8.9 The quoted price is subject to any change in Value Added Tax or other applicable sales tax.

8.10 The quoted price does not include annual servicing of boilers or any other servicing work following installation. It is the Customer’s responsibility to arrange such servicing.

8.11 The Company is not responsible for any existing pipework that the Customer wishes to retain. The Company will not be liable for consequences of defects in existing pipework.

8.12 There may be additional charges to the Customer for the supply of gas and/or electrical engineers for works that cannot be identified in the pre-survey.

9. Payment

9.1 Payment of the balance of the charges for any order is due immediately on substantial completion of the work.

9.2 If the Customer makes payment to an agent or representative of the Company, then the Customer must retain a copy of the contract or invoice showing the amount of the payment received, with such payment being duly receipted and signed for on that document by said agent or representative.

Any cheques shall be made payable in favour of the Company only. If the Company is unable to trace receipt of payment and any of the requirements of the first two sentences of this sub clause 9.2 are not met, then the Customer shall be deemed not to have discharged the liability to pay the sums concerned.

9.3 If remedial work is necessary, the Customer may withhold a maximum of 10% of the total invoice amount pending completion of such work by the Company. The Customer shall permit the Company to carry out any necessary remedial work.

9.4 The Company may charge daily interest at 2% above Base Rate on any overdue balance and on any monies withheld pursuant to clause 9.3 above.

9.5 In the event that completion of the work is delayed, suspended or cancelled at the request of the Customer, or due to default on the part of the Customer or a lack of instructions from the Customer, or the state of the installation site, or obstructions to access to the installation site, or for any other reason outside the reasonable control of the Company, then the Company may additionally charge to the Customer any extra expenses incurred and losses suffered by the Company and further a reasonable charge for administration and overhead costs.

9.6 In the event that prior to substantial completion of installation the Customer, by itself, its employee(s) or agent(s), purports to cancel the contract and/or refuses to allow the Company to proceed with substantial completion of installation and the Company then does not substantially complete installation of the goods, the Customer will pay to the Company a percentage of the invoice value as shown on the following table by way of liquidated damages and/or cancellation fee and not as a penalty, and the Parties agree that this represents a reasonable pre-estimate of the Company’s losses.

9.7 In the event that completion is delayed as a result of the Customer restricting access to all areas to conduct the work, then the Company may additionally charge to the Customer any expenses incurred by the Company incidental to the restriction of the Company’s access, with a 10% mark-up on such costs by way of charge for services rendered.

10. Retention of Title

10.1 Ownership of any goods supplied by the Company shall not pass to the Customer until the Company has received payment in full, in cash or cleared funds, for said goods and all debts owed by the Customer to the Company, whether part-paid, secured or otherwise, are settled in full. However, the risk in the goods shall be borne by the Customer from the date of delivery by the Company, its employee(s) or agent(s), to the Customer.

10.2 Regardless of whether title to such goods as are referred to in this sub clause 10.2 shall have passed to the Customer, if at any time the Customer shall fail to pay to the Company any sum which has fallen due in connection with this contract, then the Company may seek collection of the balance in full through the courts and may ask the courts to uplift and remove goods in connection with this contract.

10.3 The Company shall have no liability in respect of defective products or installation which, save for this sub clause 10.3, would arise at any time when the Customer is in arrears of payment pursuant to this contract. This clause does not free the Company from liability for death or personal injury caused by its negligence or that of its employees acting in the course of their employment.

11. Installation Warranty

11.1 All new central heating systems and upgrades carry a comprehensive 2-year parts and labour installation warranty from the date of installation limited to manufacturers’ warranty.

The guarantee, not insurance backed, is limited to parts and labour and in particular does not cover the integrity or suitability of any existing components to which the installed goods are connected and the Company does not accept responsibility for, and shall have no liability for, any failure of any such components, or any defects existing within any part of the original system, including but not limited to radiators, pipework, showers and taps.

Any valid contractual limitations on or restrictions or exclusions of the manufacturer’s liability set out in the manufacturer’s warranty documentation or in any way contractually binding on the Company or the Customer for the manufacturer’s benefit will also apply as a limitation on and restriction and exclusion of the Company’s liability to the Customer.

Documentation with respect to manufacturer’s warranties is available for inspection on request and where a copy is supplied to the Customer prior to entering into this agreement the Customer acknowledges that the Customer has read it and agrees that said restrictions, limitations and exclusions are reasonable.

11.2 Any repairs, alterations or additions to the goods installed or to the manner of their installation if carried out by a person not authorised by the Company will excuse the Company from any liability pursuant to the guarantee.

11.3 The Company further accepts no liability for defective drains or defects due to fair wear and tear or the replacement of lamps, bulbs or fuses or for any defect resulting from matters beyond the Company’s reasonable control.

11.4 Boiler warranties vary depending on the manufacturer. Unless otherwise agreed under “Any Special Financial or Processing Arrangements”, any warranties will be limited to a period varying by manufacturer of not more than ten years, will be limited to parts and labour and will be subject to proper annual service history.

Services must be implemented by a Gas Safe Registered engineer, price not included in this contract, and documentation made available to the Company’s engineers.

11.5 Timers and controls are sold as standard each having their own manufacturers’ warranty periods.

11.6 If the Customer chooses to retain their control and timer a fee may be applicable for any maintenance works carried out.

12. ThermaSkirt Warranty

12.1 ThermaSkirt warranty is provided by the manufacturer Discrete Heat Co Ltd. “Wet parts”, including ThermaSkirt panels and ThermaSkirt connectors with O rings, have a 10-year warranty from the date of delivery. Aesthetic parts, including plastic covers and trims, have a 2-year warranty from the date of delivery.

Exclusions: bought-in items, such as pipe connectors and electronic controls, are subject to their manufacturer’s warranty, which will be 12 months.

12.1 Underfloor Heating Warranty

Underfloor heating warranty is provided by the manufacturer UHeat.

Plumbing and electrical: 2 years.

PEX pipe: 50 years.

Labour: 10 years.

Exclusions apply where:

The tube has not been installed and pressure tested in accordance with the procedures set out in the installation manual.

Damage has occurred due to slip or heave in the concrete slab.

The material has been subjected to misuse, neglect, abnormal conditions or physical damage.

The tube has been used to carry or been subject to contact with incompatible heat-transfer fluids such as petroleum-based oils.

The commissioning checklist and online warranty application have not been completed.

13. Entire Contract, Variation and Status

13.1 These terms and conditions together with the documentation provided by the Company to the Customer, including any written specifications, shall constitute the entire contract between the Parties.

13.2 Subject to clauses 5.3, 7.1 and 8.6, no variation of the terms of this contract shall be effective unless such variation is made in writing on an amendment form provided by the Company and signed by both Parties.

13.3 If the Company shall at any time omit to insist upon its strict rights under this contract then that shall not operate as a waiver nor to create an estoppel and the Company shall be at liberty to insist upon its strict rights at any time notwithstanding any such omission.