Phoenix Heating Specialists Installation terms and conditions
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 variation 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 heating products as listed on the quote form, may need to carry out a survey to take detailed measurements and/or specifications and any Contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work detailed on the Contract should it’s 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 Customer and these sums will be returned immediately.
3. Any changes in materials and/or specification from those detailed in the schedule on the sales order form will only apply when supported by the Company’s amendment forms which must be signed by both parties – i.e. “the Company” and “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 it’s execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract.
5. We will carry out the work during 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 we will endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrangement charged for and agreed on the sales order form, 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. We will need access to the relative property at all reasonable times whilst the work is being executed and would expect free use of water, electricity and gas to enable us to complete the work in accordance with this 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 illustrations 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. We do not accept cheques as a method of payment. If remedial work is necessary, the Customer may hold a maximum of 10% of the value of the invoice until such work is carried out… Romalpa Clause – All goods supplied remain property of the Company even though installed, by way of a lien 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. 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 reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.
10. It is the Customer’s responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.
11. Whilst every care will be taken by the Company it accepts no liability for any damage to plasterwork, decorations, flooring, etc. which may be consequent upon the carrying out of the work detailed unless specifically provided for in the schedule(s) on the sales order form. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floorboards will be reinstated 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, it’s servants, workmen or assigns.
Installation Warranty for Phoenix Heating Specialists LTD
1. All new central heating systems/upgrades carry a comprehensive 12 Month 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 & 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 lamps/ 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 Phoenix Heating Specialists LTD, the guarantee may be rendered null & void.
2. 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 overleaf.
3. 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.
4. The manufacturer backed warranty covers the customer for the warranty period against boiler faults only (example boiler or boiler component faults) and excludes any faults to the rest of your heating system or pipework, these typically include problems caused by sludge, leaks on the existing system or pressure drops or any electrical issues.
5. To keep your manufacturer backed boiler warranty valid you must have your boiler serviced annually by Phoenix Heating Specialists LTD or an approved partner.
6. It is the responsibility of the Customer to ensure a suitable gas 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 provider. A gas meter will also be required, which will need to be arranged separately with a gas supplier. Any costs incurred for the same are to be borne by the Customer and are in no way part of this Contract unless specifically included within the contract.
7. 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 reoccupation’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.
8. The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace.
9. The Contract price quoted is subject to any changes in Value Added Tax.
As part of our responsibility at Phoenix Heating Specialists LTD as Gas Safe Registered engineers, 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 pipework 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 the 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 to that stated on the contract.
The cold-water flow rate shown on the contract is measured using a flow measuring device in litres per minute at the time of the initial visit by our Sales Surveyor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken.
Where brickwork, stonework or other masonry has to be made good. e.g. Original flue position from the 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 endeavour to provide a similar finish. Should a Customer wish to provide his/her own materials for matching purposes, we will make an allowance in the calculations of the price agreed.