Terms and Conditions

Terms And Conditions

Designtech Heating Limited (‘the Company’) agree to carry out work and supply goods in accordance with the specification set out in our written estimate and verbally agreed with the Customer, in accordance with the following Terms and Conditions.  The Company reserve the right to revise and amend these terms and conditions from time to time.  You (‘the Customer’) will be subject to these terms and conditions in force when you order any Product or Service from us:

 

  1. Any addition or variation must be noted in writing and signed by the Company and the Customer.
  2. The Company is not under any obligation to accept variations to the order once work has commenced and any variation agreed may be on the condition of a further charge being applied.
  3. Where an estimate is provided every effort will be made to supply the quantity, quality and description of the goods supplied and any specification for them shall be as set out in the estimate.
  4. Where an estimate is provided which is inclusive of VAT, or which provides that the estimated price is subject to VAT, the Customer shall be liable to pay to the Company the VAT (or such inclusive price as shall reflect the VAT) at the rate current at the point of supply of the goods and services to which the estimate relates.
  5. Where an estimate is provided, every effort will be made to complete the order within the estimated price and to the specification.  However, the estimate shall be in no way binding on the Company unless specifically agreed in writing.  Where the quantity, quality or description of goods supplied differs from the specification, or where unforeseen circumstances result in an increase from the estimated cost, this will be notified to the Customer at the earliest opportunity.  Once goods are ordered or work has commenced however, the Customer may not rescind the order or any part thereof without the express agreement in writing of the Company, unless unforeseen circumstances result in a fundamental change in the nature of the work to be carried out.
  6. If an order is rescinded under clause 5, then the Customer is liable to the Company for the cost of any goods and materials used, or which cannot be reutilised, and for the reasonable cost of labour.
  7. Any dates quoted for the delivery of goods or for installation are approximate only.
  8. The company reserves the right (when they feel it is necessary) to collect payment from the Customer for 50% of the estimated cost of the order once the goods for fulfilling the order are on site.  In this instance, work will not commence until this is paid.  Any outstanding balance is payable upon completion of works unless prior written arrangement has been made and agreed to by both the Company and the Customer.
  9. The Customer is not entitled to withhold payment in full by reason of minor defects which can be remedied under a snagging procedure.  The Company will operate a snagging procedure whereby if defects are noted either on completion or within 14 days thereof and notified in writing, the Company will rectify these within a reasonable time of notification, taking into account the obtaining of any necessary replacement parts.  This does not affect statutory rights.
  10. Risk of damage to or loss of any goods delivered to site in connection with this order shall pass to the Customer at the point of delivery.
  11. Notwithstanding the passing of risk, title in any goods supplied in connection with this order will not pass to the Customer until payment is made in full.
  12. The Company warrants that any goods supplied in connection with this order shall correspond with their specification at the time of delivery and will be free from material defect for a period of 12 months from the date of completion of their installation.  The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal conditions, failure to follow Company’s instructions, misuse or alteration or accidental damage. Where a defect occurs within the said warranty period, the Company will repair the defective goods or, if repair in not practicable, replace with goods of a similar quality.  This does not affect statutory rights.  Where within a period of 12 months from completion of the installation under this order any fault or defect shall occur (which is not a defect covered under the warranty given in Clause 12 hereof) and which is notified to the Company within 14 days of its occurrence, the Company will at its own expense rectify such defect within a reasonable time of notification.  This warranty does not apply to any fault or defect arising from fair wear and tear, wilful damage, negligence, abnormal conditions, failure to follow Company’s instructions, misuse or alteration or accidental damage.  This does not affect statutory rights.
  1. Access to site will be agreed with the Customer prior to estimating the timescale.  The Company will not be liable for any delay arising from a failure by the Customer to arrange site access.
  2. The Company will be responsible for conforming to all current Health & Safety regulations at or in the work installation area itself (but not for any breaches of Health & Safety which arise elsewhere on the site), and for plant and equipment used.
  3. Although the Company accepts employer’s liability for its employees and for sub-contractors, the Customer is under a duty as owner or occupier of the site to take reasonable steps to ensure the ordinary safety and security of the site, and to advise the Company of any circumstances which might affect Health & Safety.
  4. The Company will leave the work installation area in a safe and reasonably clean and tidy condition on a daily basis.
  5. The Company will not accept liability for any loss or delay occasioned by events beyond its reasonable control nor by acts or omissions on the part of the Customer nor by any delay in the supply of materials caused by strikes, lockouts, or economic circumstances or other event beyond the Company’s control.  In the event of an emergency, all work will cease.
  6. Where the Company agree to carry out work to part of a system, we assume that the rest of the system is in good condition.  The Company cannot be held responsible for any damage caused or extra work required if this is not so.
  7. The Company will ‘make good’ as far as possible any damage unavoidably caused to walls and floors by the installation, but this will not extend to renewing plaster or plasterboard, brickwork, tiles and floor-coverings unless specifically stated.
  8. The Company do not undertake structural or any other type of building survey.  If therefore the work cannot be completed or damage is caused through structural or other defects in the Customer’s property, we cannot be held responsible for this.
  9. Interest will be charged on balances remaining unpaid 14 days after receipt of invoice at the rate of 2% per month at the discretion of the Company.
  10. Any dispute relating to the order or to these Terms and Conditions which shall remain unresolved after 21 days may at the request of either party be referred for arbitration by a single arbitrator appointed for the purpose by the chairman, president or other senior officer for the time being of the branch of the Chartered Institute of Arbitrators of the area in which the site is situated. The arbitration shall be in accordance with the then current arbitration procedure of the said Institute and the decision of the arbitrator shall be final and binding on both parties.
  11. If any provision of this contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the contract and the remainder of the provision in question shall not thereby be affected.
  12. This contract shall be governed by the laws of England, and the Company and the Customer agrees to submit to the jurisdiction of the English courts.

 

ADDITIONAL POWERFLUSHING TERMS & CONDITIONS:

  1. Where the Company needs to connect or disconnect equipment to the Customer’s existing central heating system in order to carry out the powerflush, the Company will not be liable for any damage that occurs as a result of existing defects in your central heating system or existing pipe work unless such damage was reasonably foreseeable by the Company before the powerflush commenced, or arose as a result of our negligence.
  2. The Company will not be responsible for any leaks in the Customer’s central heating system following the powerflush, unless this is due to our negligence.
  3. Central pumps sometimes require replacing after powerflushing as the existing pump, having worked under strain, may not survive being refitted.
  4. Boiler and system noises (e.g. heat exchangers kettling and pipework noises) are often symptoms associated with corrosion debris, which can be cured by the powerflush process.  These noises can sometimes persist after the powerflush and are not an indication of the job not having been carried out thoroughly.
  5. Where we do not carry out an inspection of the Customer’s central heating system before giving a quotation, the Company will be relying on the information provided by the Customer in giving this quotation.  Should this information be inaccurate, or if following an inspection of the Customer’s central heating system we are unable to offer this product for any reason, the Company reserves the right to increase the price accordingly or cancel this contract as a result.  If the Company increase the price, the Customer will be informed and given a new quotation if required.
  6. If, following completion of the powerflush, the Customer’s central heating system requires (in the Company’s opinion) a further powerflush in the future, then the Company will carry out that Powerflush free of charge in accordance with these Terms and Conditions.
  7. No further powerflushes will be provided after the one stipulated in clause 6, as the Company considers the provision of two powerflushes to be enough to cure most common problems.  Any further issues with the Customer’s central heating system after these two powerflushes indicates a severe problem that the Company cannot be held accountable for.

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