Terms and Conditions
Thomson Heating Group Ltd — TERMS OF AGREEMENT
Please read this document carefully. We aim to have the best possible relationship with all our
customers, and this document will help you understand how we work. If you have any questions, please let us know before you accept the quote.
Thomson Heating Group Ltd, is a company incorporated under the Companies Act (registration number SC557834) having it's registered office at Office 3 Bishopton House, 78 Greenock Road Bishopton PA7 5RT.
General
These terms and conditions will become part of the Contract between the Seller (Thomson Heating Group) and you, the Customer.
No variation of, or addition to, these terms and conditions and no modification of the Contract shall be effective unless mutually agreed between the parties. These terms and conditions shall, unless mutually agreed between the parties, supersede any terms and conditions presented by the Customer.
These terms and conditions shall become binding on both parties when —
The Seller issues the Customer with an acceptance of an order.
The Seller notifies the Customer that they are able to provide the Goods, whichever is the earlier, at which point a Contract shall come into existence between the parties.
The Customer should check that the details in the Contract are complete and accurate before committing to the Contract. If the Customer believes that there is a mistake, the Customer should inform the Seller of the mistake. Return acceptance of contract to Seller.
The seller – Our Quote
We will carry out the work set out on your quote for the price that is stated under the following terms and conditions. All prices include VAT at the current rate.
Your quote is valid for 30 days and we must begin the work within 90 days of your acceptance. After this time your quote will no longer be valid and you will require to ask for an updated quote.
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. A specialist contractor will 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.
The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace. This includes copper tanks and copper pipe and any scrap value therein.
heating parts we replace.
Any building work to be carried out by the Seller shall be detailed within the Contract.
Our obligations to You
We will carry out the work with all reasonable skill and care.
The work will be carried out between the hours of 8.00am and 17.00 Monday to Friday, excluding public holidays, unless otherwise agreed.
All engineers are fully qualified; Gas Safe registered and carry identity cards.
The company and its operatives are fully insured being covered for public liability of £5 million and employers liability of £10 million.
We will provide you with a guarantee that covers both the installation and the goods installed.
We will take care to carry out the work without causing damage to your property. If we cause unnecessary damage because of negligence, Thomson Heating Group can be trusted to put it right. Sometimes the work means we have to create access if there is not enough pipe work or wiring in place to install the boiler, and this can cause damage to things like inside and outside finishing's such as wall coverings and paint. You may need to redecorate, repair or restore certain areas once the work is completed — this is not included in the price we quoted and you will be responsible for this.
Where we have connected new equipment to your existing system, we cannot accept responsibility for the cost of repairing or replacing parts of your existing system that later develop faults, unless we have been negligent in not realising that this damage to your existing system would happen or unless the way we carried out the work was negligent and this caused the fault. Examples of this may be old thermostatic radiator valves may require to be replaced or connecting to a mains supply may put added strain on existing pipe work and cause a burst.
We will test your water supply pressure before we start work. As water supply rates can change, we cannot be responsible for your central-heating system failing to work properly because your water supply becomes inadequate or keeps changing, unless we were negligent in how we tested your water pressure.
After we, install your new boiler we highly recommend that your existing central heating system is jet flushed. This also protects the boiler manufacturer's warranty. We will add a chemical to your system to break down the sludge. We will then jet flush/power flush your system and add an inhibitor. We also recommend you buy a filter with your installation to remove sludge and other waste from your central heating system which helps to keep it clean.
We cannot be responsible if we cannot meet our responsibilities because of things beyond our control including, for example, poor weather conditions, industrial disputes and strikes (that we are not directly involved in).
Change of work
If, after signing the contract, you want to change the work, you must consult with us first. We may be able to incorporate your changes into the installation provided that:
- it is technically possible;
- we have the necessary resources;
- the necessary permissions are in place.
If we agree to this change of work you must:
- confirm this in writing; and,
- do so within 14 days of when you first tell us.
We will then adjust the price:
- by written agreement beforehand, if possible; or if not then - by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then - by a reasonable amount for the work done or goods supplied.
Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. We will try to keep those costs to a minimum.
Unexpected work
Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then we will then adjust the price:
- by written agreement beforehand, if possible; or if not then - by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then - by a reasonable amount for the work done or goods supplied.
Changes to Agreed Timetable
We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control, especially when third parties are involved in installing other, related works. We cannot be held responsible for those delays. If such delays occur we will complete the work as soon as possible.
Consequence of delay caused by us
You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control
In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality, so long as they are of equal quality.
In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as per the terms detailed.
Consequences of delay caused by you
We will seek to accommodate small delays without recourse to compensation.
If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly.
- by written agreement beforehand, if possible; or if not then - by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then - by a reasonable amount for the work done or goods supplied.
Your MAIN OBLIGATION to us is to make the Payments due to us
Deposits
On acceptance of your Quotation, we will ask for the deposit specified in the Quotation at the point you sign this agreement. Should you decide to cancel the contract within the "Cooling Off Period" we will return that deposit less £100 administration charge
If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full.
Advance payments
We do not normally ask for advanced payments, however under certain circumstances we may require you to pay a further advance payment no more than three weeks before the agreed delivery or installation date. Such a further advance payment, taken together with the deposit, will under no circumstances be more than 60% of the total price in the Quotation and will only be used to carry out this installation, for example to purchase goods. We explain in detail in the Quotation when invoices will be sent and the amount due for each payment.
We will not ask you to pay in advance more than 60% of the total contract price set out in the Quotation.
Final Payment
The balance outstanding on the contract price is due on completion and commissioning of the installation. We will issue you with an invoice when the work is complete and has been commissioned.
Important
You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of late payment.
If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.
If we do not receive payment by the seventh day after payment is due, then we may give you written
notice that we intend to stop work on the installation. Once we have sent you this written notice, we may
suspend all work until payment is made.
If you are in breach of this Contract because you have failed to make an agreed payment, and we have
suspended work on the installation, because we have not received payment by the seventh day after payment is due, then we may give you written notice that we intend to stop work on the installation. Once we have sent you this written notice, we may suspend all work until payment is made. We may then we may be entitled to recover any additional costs we incur. We will provide you with written notice containing full particulars of any claim for compensation within 21 days of any suspension of work.
Your other obligations to us
You must obtain all relevant permissions (such as planning and building consents) that are necessary before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you must make those available.
We normally lift your carpets, however on some occasions we may need you to lift carpets or take up all or some other floor coverings, including tongue-and-grooved floor coverings and parquet hardwood, rubber or tiled floors, so we can complete the work. We will give you as much notice as possible if we need you to do this. You can call a specialist contractor to do this work or we may be able to do it for you at an extra cost. We will arrange for a carpet fitter to be refit carpets free of charge. If we do any of this work for you we will only be responsible for any unnecessary damage caused directly by our negligence and it will be your responsibility to put the flooring back once the work is completed.
If you are a tenant, you will need your landlord's permission before you can allow us to start the work. We require the landlord to instruct the work directly with us before commencement for any works. If we carry out work at the landlord's property and you have not got permission or have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get your landlord's permission.
If your property is a listed building, it is your responsibility to make sure that you get any permission you need before we start the work, and we will need evidence from you that you have got this permission. If you do not get the permission you need, you may be prosecuted in the criminal courts. We will not be able to start any work if you have not got the appropriate planning permission or if you are unable to give us evidence that you have this permission. If we carry out work at your property and you have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get the permission you needed, which may include court fines and penalties.
You will need to have an adequate gas and electricity supply to your property before we can start the work. We can advise you on who the relevant people you need to talk to if you require to arrange for a gas meter to be fitted.
Supply of services
You must agree to provide the following for our use free of any charge:
· water, washing facilities and toilets; adequate storage space,
· safe and easy access to your property from the public highway;
· easy access to the location within the property where the installation is to take place by removing all belongings.
You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Quotation can start. If so, we will describe this to you in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start, the following conditions will apply.
We will seek to accommodate small delays without recourse to compensation. However, if the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly,
- by written agreement beforehand, if possible; or if not then
- by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then
- by a reasonable amount for the work done or goods supplied.
The system guarantee
The Seller will guarantee that the materials supplied by them for such period from the date of completion of installation as is specified in the Contract.
The Customer should note that it is only the goods supplied and fitted by the Seller that are guaranteed. Subject to the customer giving notice to the Seller, the said guarantee is fully transferrable to any subsequent buyer of the property where the goods have been installed.
Said guarantee will not be enforceable in circumstances where damage has been caused by the improper operation of the system and or equipment by the Customer.
Said guarantee shall extend to the free replacement of materials and mechanical component parts that fail in the course of normal use. It shall not apply where damage has occurred due to abnormal working conditions, negligence, willful damage, misuse or alteration of the system by a third party.
Where the Contract requires the connection of new equipment to Customer's existing central heating system, the Seller shall not be liable for any loss arising from breakdown, leaks or poor performance of, or damage caused to, the customer's existing central heating system as a result of faulty pipe work or some other defect or malfunction of the Customer's existing central heating system.
The Seller cannot accept responsibility for any deterioration in the performance of the central heating system caused by fluctuations in the water pressure provided by the customer's water supplier. The Customer should ensure an adequate mains water supply before concluding the Contract. The Seller cannot accept responsibility for any deterioration in the performance of the central heating caused by fluctuations in the gas supply provided by the customer's gas supplier. The customer should ensure an adequate gas supply before concluding the Contract
The central heating system insofar as installed by the Seller will be guaranteed for the period from the date of installation subject to the conditions detailed in the clause. After one year has lapsed from installation a service will be due on your gas boiler. This will be carried out either as part of your Care Plan agreement or on a chargeable basis at standard labour rates. The Seller shall contact the Customer either by telephone or email. The Customer should ensure that servicing work is carried out in order to validate the manufacturer's warranty.
Summary of your main obligations to us:
· Make all payments when due
· You will be asked to pay a deposit when you sign the contract.
· You may be asked to make a further advance payment. This payment terms would be agreed at the point of acceptance of contract.
· It is your responsibility to get the necessary permissions and approvals for the work to take place. We will help you do this.
· If you fail to pay on time we may stop work and charge additional costs.
· If you cause the work to be delayed, we may stop work and charge reasonable additional costs.
Liability.
The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Seller as a result of the customer's breach or default in the discharge of his obligations under this Contract.
Using personal information
We may use your information to do the following:
· Provide you with the services you have asked for (servicing or Care Plan)
· Help train our staff.
· Contact you in any way including by post, email, phone, text message or other forms of electronic communications. When we contact you, we may use any information we hold about you to do so. If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with how you have told us you would prefer to receiving marketing information (your recorded marketing preferences). You can ask us not to send you any information on our offers at any time.
If you give us sensitive information about yourself or other people (such as health details) you must agree (and also confirm that the person the information is about has agreed) that we can use this information in the way set out in this document. You are entitled to have a copy of the information we hold on you and to have any inaccurate information corrected. We may charge a small fee for providing a copy
of any information we hold about you.
Acceptance of proposal
The Quotation is valid for a period of 30 days from the date of posting. If you wish to proceed then you
must sign both copies of this Contract and return one of these to our address At this stage please
arrange immediate payment of your deposit.
Cash/Cheque payments can be made at our office at the address below.
We also accept credit card payment or debit card payment.
This
transaction can either be done by telephone or in person at our office.
Paying by BACS —
Royal Bank of Scotland Sort Code —
Account —
We will rely upon the written terms set out here in the Contract. Please read them carefully before signing them. If you need any explanations about these terms please write or telephone us at the address and telephone number provided. If any amendments to this Contract are required you must confirm these in writing and they must be agreed by an authorised representative of this Company.
The "Cooling Off Period"
You can cancel this Contract by sending us written notice using the address provided. You must send that written notice no later than 7 working days after the date on which this Contract was signed; this right is known as the "Cooling Off Period".
Cancellation of this Contract
Your rights
As detailed above, you can cancel this contract by sending us written notice no later than 7 working days after the date on which this contract was signed.
If you cancel this Contract after the period referred to above then you may have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution
If there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you will be entitled to cancel the contract and receive a full refund.
Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:
cancel the contract and receive an appropriate refund; or, request a repair or a replacement; or,
ask for compensation.
You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or you decide you no longer want some or all of the components.
Our rights
If you are in serious breach of your obligations as set out in this Contract and you fail to remedy that
breach within 14 days of receiving written notice from us about that breach, then we have a right to cancel the contract. We must give you reasonable opportunity to rectify the alleged breach.
If we suffer a loss as a result of your breach of contract, we must take reasonable steps to prevent the
loss from getting worse. If your breach of contract leads to a cancellation then you may have to pay compensation for reasonable costs or losses reasonably incurred.
If you are thinking about cancelling this Contract, please call 0141 390 6946. If you want to cancel, you must do this as per the terms of the Contract therein. All correspondence must be sent by recorded delivery or registered post (or deliver it personally) to the Seller, Thomson Heating Group, 78 Greenock Road Bishopton or by email to hello@thomsonheatinggroup.co.uk at any time within seven days starting from the date you sign the quote. Your notice will apply as soon as you have posted or emailed it to us. You may use the form attached to this agreement if you want to, but you do not have to. If you cancel this contract after the seven-day period, we may have to keep some or all of your deposit to cover our reasonable costs. We will try to keep these costs to a minimum. If there is a significant delay in the installation after the seven-day period that was not caused by you, or was caused by events beyond our control, then you will have a right to cancel this contract and receive a full refund (within 14 days of the cancellation).
Your quote, together with these terms and conditions, sets out the entire agreement between you, the Customer and Thomson Heating Group, the Seller. Nobody else will be able to benefit from this agreement.
Law of the Contract
The Contract shall be governed by the laws of Scotland.
Thomson Heating Group
Office 3 Bishopton House
78 Greenock Road
Bishopton
PA7 5RT
0141 390 6946
