By ordering a boiler on this website www.acheatingandplumbing.uk/ you will be entering into a legally binding contract with A.C Heating & Plumbing, for the supply of the goods and the services detailed on that Order (the Goods and Services). Goods and services are supplied by A.C Heating & Plumbing subject to the following terms and conditions and it is important that you read these before signing so that you understand your rights and obligations.
1. Confirmation Of Goods And Services, Price And Payment
1.1 Confirmation of goods, services and price: Occasionally it may be necessary for A.C Heating & Plumbing to carry out a survey of your home after you have signed the order form in order to confirm that it is possible to supply the Goods and Services at your home. If as a result of that survey: (a) it becomes apparent that it would be unsafe or otherwise unadvisable to supply the Goods and Services at your home then A.C Heating & Plumbing may cancel this contract without liability but if it does so, A.C Heating & Plumbing will refund to you any deposit or other amount paid by you in advance: or (b) A.C Heating & Plumbing needs to make any variation to the Goods and Services. If you do not wish to accept the changes proposed by A.C Heating & Plumbing then we may cancel the contract. A.C Heating & Plumbing will refund any money paid as applicable. A.C Heating & Plumbing can cancel any order that is incorrectly priced at the time of order with no obligation to provide goods or services.
1.2 Specification of Goods and Services: All Goods supplied will correspond with any Specification provided by A.C Heating & Plumbing and be of satisfactory quality and fit for purpose. All services will be performed by A.C Heating & Plumbing using all reasonable skills, care and diligence. A.C Heating & Plumbing may after the date of this contract make reasonable changes to the specification of any Goods or Services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Goods or services in question or otherwise place you at any disadvantage.
1.3 Deposit: A.C Heating & Plumbing will not be obliged to deliver any goods or perform any service until you have paid any deposit detailed on the order form. You must pay any such deposit to A.C Heating & Plumbing at the time of signing the order form and if you fail to pay any deposit within 7 days of the date you sign the order Form then A.C Heating & Plumbing may cancel this contract without liability to you.
1.4 Payment: The balance of the price will become payable by you immediately upon A.C Heating & Plumbing having delivered the Goods and completed the service in accordance with this contract and you must not reasonably withhold or delay providing confirmation that the Goods and Services have been delivered and performed to your reasonable satisfaction. For card payments we take the balance on the installation date.
1.5 Credit Agreement: If you have entered into a credit agreement with a finance provider A.C Heating & Plumbing has introduced you to, you will need to enter into a separate agreement with that provider and the funds will be paid directly to A.C Heating & Plumbing. If you later decide to withdraw from that credit agreement under the consumer credit act 1974, you will still be responsible for paying (and must pay in accordance with the terms of this contract) the outstanding balance of the price payable by you to A.C Heating & Plumbing under this contract.
1.6 Ownership of goods: All Goods supplied remain the property of A.C Heating & Plumbing until paid for by you in full although this retention of ownership will not affect any claim which A.C Heating & Plumbing may have against you for the payments of any overdue amount.
1.7 Late Payments: if you fail to pay any amount owed to A.C Heating & Plumbing under this contract on-time then A.C Heating & Plumbing may suspend without liability further deliveries of any goods and/or performance of any service until you have paid all amounts. In addition, A.C Heating & Plumbing Reserve all rights to remove any materials from site if full payment is not received.
1.8 VAT: A.C Heating & Plumbing shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT.
2. Utility supplies And Gas Safety
2.1 Utility supplies: you are responsible for ensuring at your own cost that your home has safe electricity and natural gas supply connection and associates’ meters prior to A.C Heating & Plumbing commencing work (Excluding gas in the case of oil-fired boilers where you are instead responsible for ensuring a connection to a suitable oil tank). Unless specifically provided for on the order form, arranging such supply connection and meters do not for part of the service which A.C Heating & Plumbing are to perform.
2.2 Gas Safety: As part of its legal duty as a Gas Safe registered engineer A.C Heating & Plumbing is only able to connect appliances such as your new boiler to gas supplies which are safe. On the first day of installing your new boiler A.C Heating & Plumbing will carry out a gas soundness test to confirm whether your gas supply is safe. Should any leak or other defect with you gas supply be identified as a result of that test then A.C Heating & Plumbing will be required to condemn your gas supply and will not be able to commence work until your gas supply is made safe. Any such work required to make your gas supply safe is not included in the price of this contract although can be undertaken by A.C Heating & Plumbing subject to the payment of an additional amount by you which will be agreed with you in advance. Cancel this contract without liability but if it does so A.C Heating & Plumbing will refund you any deposit or other amount paid by you in advance.
3 Delivery Dates
3.1 Delivery Dates: Any dates for delivery/performance of the good and services are estimates and whilst A.C Heating & Plumbing will always try to meet those dates it will not be liable for any delays or failures. In particular A.C Heating & Plumbing will not be liable for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or general market shortage of particularly good or parts, particularly in the case of spare parts for older/obsolete boilers).
3.2 Termination due to delay: You have the right to terminate this contract without reason and at no cost at any time before actual delivery of goods to your home and during the limited period following delivery the notice of cancellation rights. In addition if A.C Heating & Plumbing fail to deliver the goods and complete the service by any dates agreed with you then, provided that the delay is not a direct result of any breach by you of any of your obligations under this contract (such as failing to allow A.C Heating & Plumbing access to your home) and/or due to circumstances beyond A.C Heating & Plumbing responsible control you may request in writing that A.C Heating & Plumbing complete all deliveries and services within a further reasonable time period. If A.C Heating & Plumbing then fail to complete all deliveries and services within a reasonable time period specified by you, you will then have the option to terminate this contract due to A.C Heating & Plumbing breach.
3.3 There will be no reduction in the boiler installation cost if you agree to moving your installation date.
3.4 There will be no payments or compensation to any customer if you agree to the installation date moving.
4 Access to your home and liability for damage
4.1 Access to your home: You must provide A.C Heating & Plumbing with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide A.C Heating & Plumbing with free access to water, electricity and gas for such purposes. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable A.C Heating&Plumbing to deliver the Goods and carry out the services at your home (such as any listings building consents, if applicable).
4.1b Scaffold and Access Equipment are NOT included within the price and would be additional costs to the customer and not A.C Heating & Plumbing.
4.2 Damage to goods: Once any goods have been delivered to your home you will become liable for any loss or damage to those Goods unless such loss was caused by A.C Heating & Plumbing itself or as a result of you carrying out a reasonable and careful inspection of those Goods to confirm that they comply with the requirements of this contract.
4.3 Working hours: A.C Heating & Plumbing will usually carry out work at your home during its usual working hours Monday to Fridays however, occasionally A.C Heating & Plumbing may decide at its own expense to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay and you agree to grant access to your home outside of these days/hours if requested by A.C Heating & Plumbing . if you request that A.C Heating & Plumbing carry out work outside of these days/hours other than in order to allow A.C Heating & Plumbing to remedy any breach of this contract (for example, if you ask A.C Heating & Plumbing to fit your new boiler on a Saturday as that is the most convenient day for you, then A.C Heating & Plumbing agreement to do so will be subject to you first agreeing to pay A.C Heating & Plumbing additional charges for working outside of these days/hours which charges will be advised to you in advance.
4.4 Suspension of work: If A.C Heating & Plumbing suspend or delay the delivery of any Goods and/or the performance of any services at your request or as a direct result of any breach by you of your obligations under this contract (for example, if you have failed to arrange a gas and electricity supply to you home before A.C Heating & Plumbing commence work) then in addition to the original price payable by you, A.C Heating & Plumbing reserve the right to charge you a reasonable additional amount to cover any unavoidable costs, expenses and/or losses incurred by A.C Heating & Plumbing as a direct result of its suspension or delay in those circumstances.
4.5 Damage to your Home: Whilst A.C Heating & Plumbing accepts liability for any reasonably foreseeable damage caused to your home as a direct result of its breach of this contract, you accept that some level of minor/cosmetic damage may be caused in order to perform the service (such as damage to plasterwork, brickwork paintwork, decorations, flooring, wall covering etc.) and that A.C Heating & Plumbing will not be responsible to you for making good such damage. In particular, in no circumstances will A.C Heating & Plumbing be liable to bury any pipework into floors or walls and cuts or holes made by A.C Heating & Plumbing will be made good but not permanently finished or redecorated; floorboards will be reinstated or replaced where necessary but special or laminated floors cannot be matched or finished, and any carpets which have been lifted will be re-laid by A.C Heating & Plumbing to the best of its ability but A.C Heating & Plumbing will not be responsible for damage caused to carpets which are glued or nailed down. Unless specifically set out on Order Form, A.C Heating & Plumbing will not be responsible for boxing in any new or existing pipework. Where A.C Heating & Plumbing is responsible for making good any such loss or damage, A.C Heating & Plumbing cannot guarantee to match any bricks, stonework etc. on a like for like basis. No new pelmets/cornice. Replacements of damaged laminate/pergola/real wood floors will NOT be replaced by A.C Heating & Plumbing.
4.6 Liability for structural Defects: A.C Heating & Plumbing will not be liable for any damage to your home which is caused as a direct result of structural defects or weakness at your home unless: (a) that damage is caused as a direct result of a breach by A.C Heating & Plumbing of this contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to A.C Heating & Plumbing upon a reasonable visual inspection of an area in which the services are to be performed prior to A.C Heating & Plumbing commencing work (although for the avoidance of doubt, A.C Heating & Plumbing will not be obliged to carry out a detailed structural survey of the entire of your home nor any inspection of any parts not immediately visible to the naked eye (for example, any pipes buried under floorboards).
4.7 Please note the balance of your contract becomes payable on the day of your boiler installation.
4.8 We ONLY install within the West Midlands or if agreed-upon by A.C Heating & Plumbing.
4.9 Once you, the customer, has signed the satisfaction notice then all liability is removed from A.C Heating & Plumbing. For any additional costs, such as remedial works outside of contractual obligations.
5 Dangerous Material
5.1 Removal of non-dangerous materials: As Part of the Services A.C Heating & Plumbing will remove any non-dangerous waste items from your home in relation to the work being carried out (such as your old boiler) which will become the property of A.C Heating & Plumbing upon removal. However, the service does not include the removal by A.C Heating & Plumbing of any dangerous material from your home (such as asbestos) that it would not be reasonably possible for A.C Heating & Plumbing to have identified when carrying out a reasonable visual inspection of the area of your home where the services are to be performed prior to you signing the Order Form.
5.2 Removal of Dangerous Material: If any such dangerous material is subsequently found at your home then A.C Heating & Plumbing may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and A.C Heating & Plumbing will be entitled to suspend further works until you have done so and provided it with a “site clearance” certificate which should be provided by you specialist contactor.
5.3 Delay in removing dangerous materials: If there is any significant delay in you arranging for the removal of any such dangerous material from your home or should you refuse to arrange for the removal of that dangerous material then A.C Heating & Plumbing will be entitled to terminate this contract.
6 A.C Heating & Plumbing other responsibilities to you: If A.C Heating & Plumbing breaches any of its obligations owed to you then A.C Heating & Plumbing accepts responsibility for any loss or damage which you may suffer as a direct result of its breach and which was reasonably foreseeable on the date on which you signed the order form. A.C Heating & Plumbing does not accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) or which was not reasonably foreseeable on the date which you signed the order form. further, A.C Heating & Plumbing
Does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract (for example, if you fail to provide A.C Heating & Plumbing to your home to enable it to perform the service) and/or due to circumstances beyond its reasonable control.
6.a Allowing A.C Heating & Plumbing the opportunity to put things right: If you suffer any loss or damage for which A.C Heating & Plumbing is responsible then you must afford A.C Heating & Plumbing a reasonable opportunity to remedy the problem (for example, by allowing A.C Heating & Plumbing access to your home to repair any damage which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of A.C Heating & Plumbing breach of this contract. A.C Heating & Plumbing will not be responsible for any loss or damage which you fail to afford it a reasonable opportunity to put right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
7 Variation To these terms and conditions and assignment
7.1 Variation to these terms and conditions: Other than in the limited circumstances detailed in these terms and conditions where A.C Heating & Plumbing may certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and A.C Heating & Plumbing in writing.
8.1 Gas boiler warranties: All gas boilers supplied by A.C Heating & Plumbing are provided with the benefit of manufacturer-backed parts and labour warranty (excluding timers and controls ). This means that subject to the following terms and conditions, should a fault develop with your boiler during the warranty period since its installation date, the manufacturer of your boiler will repair the fault free of charge. On these occasions, the manufacturer warranty length is stated on your boiler order confirmation. In order to keep your warranty valid, you must have your boiler serviced annually. Please refer to your manufacturer terms and conditions for the specifics of the manufacturer warranty terms and conditions.
8.2b If A.C Heating & Plumbing deem your house electrics to be out of date or not looked after is anyway, then A.C Heating & Plumbing will not be liable for any electrical works that can’t be done. At NO point will A.C Heating & Plumbing ever have to rewire a house at our cost.
8.3 Your obligation to retain gas inspection records: If you do arrange for another supplier to carry out these inspections and services then you must ensure that your supplier is Gas Safe registered and obtain from that supplier and keep in safe place documentation to evidence that each annual inspection and service has been carried out. You must produce this documentation if requested to do so by A.C Heating & Plumbing or the manufacturer of your boiler.
8.4 Claims/Exclusions : Neither A.C Heating & Plumbing nor the manufacturer of your boiler , its timer and controls and/or radiators/towel rails (if applicable) will be liable to you, whether under contract or otherwise (and whether to carry out any warranty repairs otherwise), where any fault of problem arises as a result of: (a) any failure by you to comply with your obligations set out above regarding the operation, inspection and servicing of your boiler (or should you be unable to produce evidence that your boiler has undergone an annual service and inspection) (b) any deliberate damage or vandalism; (c)damage caused by circumstances outside of the control of A.C Heating & Plumbing (for example, due to structural problems at your home); (d) any damage caused by a third party carrying out work on your boiler and/or radiators/towels rails (if applicable); and/or (e) any variation in the water flow rate to your home (as such rates can fluctuate dependent on the time of the day and the age and condition of the water supply to your home). further, the replacement of any lamps or bulbs fitted to your boiler is your responsibility NOT A.C Heating & Plumbing responsibility as is any replacement or repair of timers and controls.
8.5 Existing Exclusion System: The manufacturers warranty applies only to your new boiler, its timer and controls and/or radiators/towel rails (if applicable) and does not extend to cover your existing wider central heating and plumbing systems (any components not supplied by A.C Heating & Plumbing such as existing radiators, pipe-work, showers, taps etc.) to the drains in your home. Whilst A.C Heating & Plumbing will endeavour to advise you of any potential problems or issues with your existing system which is obvious on a visual inspection of the easily accessible parts of that system prior to commencing work, A.C Heating & Plumbing will not be obliged to carry out a detailed inspection of all of that system (for example, of any pipes buried under floorboards) and all installations are carried out by A.C Heating & Plumbing on the assumption that your existing system is and will be maintained by you in a satisfactory condition. Unless directly caused by a breach by A.C Heating & Plumbing of this contract, A.C Heating & Plumbing will NOT be responsible for repairing any faults or issues which may develop in the future with your existing system and/or drains and/or for any loss or damage which may be caused by your existing system and/or drains.
8.6 Supply Of Materials: A.C Heating & Plumbing supply a maximum of 3 metres of 22mm pipework for new boiler installations. Also 3 meters of 15mm copper pipe any additional will be an additional cost to the customer. You will be advised of this cost.
8.6b A.C Heating & Plumbing are not Responsible any of your existing gas pipe size and will only be able to test it safe working pressure, after your new boiler has been installed. Any additional cost will be advised.
8.6c A.C Heating & Plumbing only supply the first 6 metres of condense pipe to your new install within reasonable access to your drainage. If you purchase from A.C Heating & Plumbing a vertical flue it includes a maximum of three flue extensions/one terminal and two 45s only .
8.6d When purchasing a conversion from A.C Heating &Plumbing this is for a standard Y plan with a maximum of 12 metres of 15mm and 9 metres of 22mm, anything over this meterage will be charged per metre this will be explained to you if your meterage allowance goes over the prices will very due to price inflation (this is usually uncommon for standard properties.)
8.6e If you purchase from A.C Heating & Plumbing a vertical flue it includes a maximum of three flue extensions/one terminal and two 45s.
8.7 A.C Heating & Plumbing (Are not responsible for any leaks on your existing/new system and pipework after a conversion/boiler change)where A.C Heating & Plumbing are not at fault.
8.8 Shower connections: in particular, you should be aware that due to the wide variety of showers installed in UK homes, it is not possible to guarantee that your new boiler will be compatible with you existing shower and whilst A.C Heating & Plumbing will endeavour to assess whether this is a risk prior to installing your new boiler, A.C Heating & Plumbing will not be liable if you existing shower is not compatible with your new boiler.
8.9. Flats and apartments: We do not install in flats or apartments that have external gas meters, concrete floors, or steel pipework only if agreed-upon by A.C Heating & Plumbing.
9. Termination of this contract:
Cancellation rights your rights to cancel
You have the right to cancel this contract within 14 days without giving any reason; this cancellation period will expire 14 days after the date on which A.C Heating & Plumbing has delivered the goods to your home. To exercise this right you must make/send and clear statement to A.C Heating & Plumbing within this 14 day period that you wish to cancel – to meet the deadline it is sufficient for you to make/send your statement of cancellation within this 14 day period.
Provisions of goods and services during the cancellation period
If you have requested in writing (or by any other durable medium) that A.C Heating & Plumbing commence the provision of services at your home before the expiry of this 14 day cancellation period then you will still have the option to cancel, however, in those circumstances, you will be required to pay a proportionate amount of the payable to A.C Heating & Plumbing under this contract for the work which it has already undertaken before you cancellation and for any goods which A.C Heating & Plumbing have already installed. You will lose the right to cancel should A.C Heating & Plumbing complete the provision of all serviced within this 14 day period or if and to the extent that you have requested that A.C Heating & Plumbing perform services within this 14 day period in order to carry out urgent maintenance or repairs at your home.
Effect of cancellation
If you cancel this contract in accordance with your right above then A.C Heating & Plumbing will collect at its own expense any Goods which have already been delivered to your home and reimburse you without delay for any payments which you have already made to A.C Heating & Plumbing under this contact. However, A.C Heating & Plumbing may deduct from this reimbursement (i) a reasonable amount for any loss or damage caused to the goods whilst at your home provided that such loss or damage was not caused by A.C Heating & Plumbing or as a result of you carrying out a reasonable inspection of those Goods to confirm they were as ordered; and/or (ii) any payment which A.C Heating & Plumbing may be entitled to as referred to above for the service performed at you request during the 14 day cancellation period. If you have not yet made any payment to A.C Heating & Plumbing prior to your cancellation, then A.C Heating & Plumbing will have the right to recover payment of either of these amounts from you.
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