These Terms and Conditions are the standard terms which apply to the provision of plumbing, heating, gas, oil and renewable energy services by Boiler Team (Midlands) Limited trading as The Boiler Team (“the Trader”) to customers who require such services to be provided at their home.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights
Act 2015.

Definitions and Interpretation

Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic
communications whether sent by e-mail, text message, fax or other means.

“Agreed Times” means the times which You and We agree for the trades person to have access to the Property to complete the Job as specified in the order;

“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;

“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit” means any deposit You will be required to pay in accordance with Clause 5;

"Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.

“Job” means the complete performance of the Services;

“Model Cancellation Form” means the model cancellation form attached as Schedule 2;

“Order” means Your initial request for Us to provide the Services as set out in Clause 4;

“Trades person” means Us or Our employee or sub-contractor who will be responsible for providing the Services;

“Services” means the services We will provide as specified in the Agreement;

“Products” means the products required for the provision of the Services which we will supply (if any) as specified in the Agreement;

“Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;

“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Start Date” means the date You and We agree on for Us to start providing the Services as specified in the Agreement;

“Visit” means any occasion, scheduled or otherwise, on which the trades person visits the Property to provide the Services;

“We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the Trader;

“You/Your” means a Consumer who is a customer of the Trader.

Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

Each reference to a Schedule is a reference to a schedule these Terms and Conditions.

The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

Words signifying the singular number will include the plural and vice versa.

References to any gender will include the other gender.

References to persons, unless the context otherwise requires, include corporations.

Information about Us

We are a Limited Company registered in the UK Reg no. 09812952

We trade under the name – The Boiler Team.

We are registered with a recognised and authorised self-certification scheme. We will ensure that any sub-contractors We use are also registered in this way.

We are a Gas Safe Registered business No. 946506

We are an Oftec Registered business No. 502232

Communication and Contact Details

If You wish to contact us with questions or complaints,

You may contact us by telephone –
0333 320 7800 or by email – [email protected].

In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions).

When contacting us in writing You may use the following method:
The Boiler Team, SA12 Business Centre, Baglan Energy Park, Port Talbot, SA12 7BR

Orders

By making an order, you agree that you:

Are aged 18 or over;

Are either the owner of the property detailed in the quotation, or that the owner of the property has granted you permission to purchase and install a new boiler; 

That all of the information which you have provided us about your circumstances and the condition of the property are true, accurate and complete in every respect, and you understand that quotation price is based on the assumption that all existing structures, materials, pipework, gas supply, water supply, electrics, connected appliances, fixtures and fittings are of good condition and in full working order with no defects. That external areas of the property required for the installation can be reached easily and safely using ladders of a 7m length. For the avoidance of doubt, if access to the property exterior is awkward to access safely using 7m ladders, then scaffolding or other access platforms/equipment may be required, this must be arranged and paid for by the customer and is not included in the fixed price.

Should the engineer be required to work in the loft, the loft must have a fixed ladder, a fixed light and be boarded out. If upon arrival and/or during the installation any problems that arise would not be included in the fixed price and may require us to make an adjustment to the quotation price.

You understand that the installation will be connected to your existing water, electric and gas supplies and that the company cannot accept any liability for failures on your existing systems. Any such failures, or related damage are not the responsibility of the company and are not included in the fixed price. We cannot guarantee that your chosen boiler will be compatible with your shower(s). The Boiler Team will not be liable if your shower is not compatible for any reason with your chosen new boiler. 

The service is for the supply and installation of a new boiler to safety regulations and not a decorating service. Whilst care is taken, an amount of re-decoration should be anticipated, this is the responsibility of the customer and not included in the fixed price.

We accept orders for Services through various media including printed order forms and electronic media such as email.

When placing an Order You should set out, in detail, the Services required by using our booking form, our detailed quotation or your email and adding detail as appropriate.

Fees and Payment and VAT if applicable

The Quoted Fee will include the price payable for the Services and for the estimated Products required.

We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required We will provide a new estimate for your prior acceptance and adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.

If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, we will inform you of the increase and of any difference in the Final Fee.

The Quoted Fee and the Final Fee are inclusive of VAT (if applicable) . If the rate of VAT changes, We will adjust the amount of VAT that You must pay.

We will provide a VAT invoice when the Job has been completed.
Where you use our online order form You must pre-pay at the rate advertised for each service

We accept the following methods of payment:

UK registered credit or debit cards

Cash

Electronic Bank Transfer

Plumbing, Heating, Gas Services

We will provide the Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).

We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). However, we cannot guarantee the quality or consistency of the Products.

We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade

We will ensure that We comply with all relevant codes of practice. 

We will properly dispose of all waste that results from Our provision of the Services.

Where a Job is to last for more than one working day, the Trades person will where reasonably possible, leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

The service is for the supply and installation of a new boiler to current safety regulations and not a decorating service. Whilst the upmost care is taken, an amount of re-decoration should be anticipated, this is the responsibility of the customer and not included in the fixed price.

We cannot guarantee that your chosen boiler will be compatible with your shower(s). The Boiler Team will not be liable if your shower is not compatible for any reason with your chosen new boiler.

Guarantee

We guarantee that the product of the Services provided will be free from material defects for a period of 12 months (or in line with manufacturer warranties applicable at that time) following completion of the Job.

If any defect in the product of the Services appears during the guarantee period set out in sub-Clause 7.1 We, or our agent will rectify the defects free of charge.

Your Obligations

If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Services.

You will ensure that the Trades person can access the Property at the Agreed Times to provide the Services.

You must ensure that the Trades person is accompanied during his / her time spent in the property providing services as agreed. The Trades person will not work unaccompanied in the property at any time.

You must ensure that the Trades person has access to electrical outlets and a supply of hot and cold running water.

You must give us at least 24 hours’ notice if You do not require the Trades person to provide the Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 24 hours’ notice is given We will reserve the right to invoice You at the normal rate.

Complaints and Feedback

We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, we nevertheless want to hear from You if You have any cause for complaint.

If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

By email [email protected]

Changing the Start Date

If You ask Us to change the Start Date:

We will where reasonably possible agree a revised Start Date with You.

If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).
If We ask You to change the Start Date, You may either:
agree a revised Start Date with Us; or
terminate the Agreement (see Clause 14).

Cancellation of Contract During the Cooling Off Period

Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.

If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.

To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.

We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, you will not incur any fees because of the refund.

We will process the refund due to You because of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.

If the Start Date falls within the cooling off period, you must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:

If the Job is completed within the 14-calendar day cooling off period, you will lose the right to cancel once the Job is completed.

If You cancel the Agreement after provision of the Services has begun, you will be required to pay for the Services supplied up until the point at which You inform Us of Your wish to cancel.

The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis.

We will process any refund no later than 14 calendar days after You inform Us of Your wish to cancel.
Clauses 13 and 14 apply to termination of the Agreement after the 14-calendar day cooling off period has elapsed.

Cancellation Before the Start Date

In addition to Your rights in Clause 11 relating to the cooling off period, you may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:

If You cancel the Job more than 24 hours before the Start Date, we will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.

If You cancel the Job less than 24 hours before the Start Date, we will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of If our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.

We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, we will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of

Termination

You may terminate the Agreement with immediate effect by giving Us written notice if:

We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so.

We enter liquidation or have an administrator or receiver appointed over Our assets.

You and We have been unable to agree a revised Start Date under Clause 10.1 or You elect to terminate the Agreement under Clause 10.2;

We are unable to provide the Services due to an event outside of Our control (see Clause 15).

We may terminate the Agreement with immediate effect by giving You written notice if:

You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);

You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
You and We have been unable to agree a revised Start Date under Clause 10.1;

We have been unable to provide the Services for more than 2 weeks due to an event outside of Our control (see Clause 15).

For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

If at the termination date:

You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;

We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

Effects of Termination

If the Agreement is terminated for any reason:

Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform You as soon as is reasonably possible;

Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

You or We may terminate the Agreement (see Clause 14).

Liability

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.

We will maintain suitable and valid insurance including public liability insurance.

We provide Services for domestic and private purposes only.

We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Services.

We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Trades person.

Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

How We Use Your Personal Data (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available at https://boilerteam.co.uk/privacy-policy.

Other Important Terms

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the

If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.