TERMS AND CONDITIONS – Bolier4Life

TERMS AND CONDITIONS OF SALE

By signing the Customer Agreement Form you will be entering into a legally binding contract with Boiler 4 Life Limited, 14 Northwood Business Park, Cowes, Isle of Wight, PO31 8PE. Goods and Services are supplied by Boiler 4 Life Limited 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.

CONFIRMATION OF GOODS AND SERVICES/PRICE AND PAYMENT

Confirmation of Goods, Services and Price: Occasionally it may be necessary for Boiler 4 Life Limited to carry out a survey of your home after you have signed the Agreement 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 Boiler 4 Life Limited may cancel this contract without liability but if it does so, Boiler 4 Life Limited will refund to you any deposit or other amount paid by you in advance; or (b) Boiler 4 Life Limited needs to make any variation to the Goods and Services or the price payable by you then those changes will be subject to your written agreement and if you do not wish to accept the changes proposed by Boiler 4 Life Limited then you may cancel this contract and if you do so, Boiler 4 Life Limited will refund to you any deposit or other amount paid by you in advance. When the supply of Goods and Services is covered by our Fixed Price Quote policy, it may still be necessary for Boiler 4 Life Limited to make a variation to your order. If the price payable by you changes due to scaffolding costs or asbestos costs for the removal of the boiler and/or flue and/or asbestos insulation board (AIB) are required then these changes will be subject to your written agreement and if you do not wish to accept the changes proposed by Boiler 4 Life Limited then you may cancel this contract and if you do so, Boiler 4 Life Limited will refund to you any deposit or other amount paid by you in advance.

1.2

Specification of Goods and Services: All Goods supplied will correspond with any specification provided by Boiler 4 Life Limited and be of satisfactory quality and fit for purpose. All Services will be performed by Boiler 4 Life Limited using all reasonable skill, care and diligence. Boiler 4 Life Limited 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: Boiler 4 Life Limited will not deliver any Goods or perform any Services until you have paid the deposit detailed on the Agreement Form. You must pay any such deposit to Boiler 4 Life Limited at the time of signing the Agreement Form and if you fail to pay any deposit within 30 days of the date you sign the Order Form then Boiler 4 Life Limited may cancel this contract without liability to you.

1.4

Payment: The balance of the price will become payable by you immediately upon Boiler 4 Life Limited having delivered the Goods and completed the Services in accordance with this contract and you must not unreasonably withhold or delay providing confirmation that the Goods and Services have been delivered and performed to your reasonable satisfaction.

1.5

Ownership of Goods: All Goods supplied remain the property of Boiler 4 Life Limited until paid for by you in full although this retention of ownership will not affect any claim which Boiler 4 Life Limited may have against you for the payment of any overdue amount.

1.6

Late Payments: If you fail to pay any amount owed to Boiler 4 Life Limited under this contract on-time then Boiler 4 Life Limited may suspend without liability further deliveries of any Goods and/or performance of any Services (including warranty repairs) until you have paid all overdue amounts. In addition, Boiler 4 Life Limited may claim interest on any late payment calculated on a daily basis at 2% above the base lending rate of Barclays Bank Plc from time to time in force.

1.7

UTILITY SUPPLIES AND GAS SAFETY

Utility Supplies You are responsible for ensuring at your own cost that your home has a safe electricity and natural gas supply connection and associated meters prior to Boiler 4 Life Limited 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 Agreement Form, arranging such supply connections and meters do not form part of the Services which Boiler 4 Life Limited are to perform.

2.2

Gas Safety: As part of its legal duty as a Gas Safe registered engineer Boiler 4 Life Limited 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, Boiler 4 Life Limited will carry out a gas soundness test to confirm whether your gas supply is safe. Should any leak or other defect with your gas supply be identified as a result of that test then Help-Link 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 Boiler 4 Life Limited subject to the payment of an additional amount by you which will be agreed with you in advance. Alternatively, you can arrange for another Gas Safe registered engineer to carry out such works at your cost if you do not want Boiler 4 Life Limited to carry out that work but Boiler 4 Life Limited will not be able to continue with the installation of your new boiler until that work is completed. If you delay or decide not to proceed with the work required to make your gas supply safe then Boiler 4 Life Limited may cancel this contract without liability but if it does so, Boiler 4 Life Limited will refund to you any deposit or other amount paid by you in advance.

3.0

DELIVERY DATES

Delivery Dates Any dates for delivery/performance of the Goods and Services are estimates and whilst Boiler 4 Life Limited will always try to meet those dates it will not be liable for any minor delays or failures. In particular, Boiler 4 Life Limited will not be liable for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or a general market shortage of particular goods 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 the Goods to your home and during a limited period following delivery – the cancellation terms are listed in point 9.2 and sets out full details of these rights and how you can exercise them. In addition, if Boiler 4 Life Limited fail to deliver the Goods and complete the Services by any dates agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under this contract (such as you failing to allow Boiler 4 Life Limited access to your home) and/or due to circumstances beyond Boiler 4 Life Limited reasonable control, you may request in writing that Boiler 4 Life Limited complete all deliveries and Services within a further reasonable time-period. If Boiler 4 Life Limited then fail to complete all deliveries and Services within the reasonable time-period specified by you, you will then have the option to terminate this contract due to Boiler 4 Life Limited breach.

4.0

ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE

Access to your Home: You must provide Boiler 4 Life Limited with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide Boiler 4 Life Limited with free access to water, electricity and gas for such purposes. You must ensure that you have secured in advance any necessary licenses, permits or authorizations required to enable Boiler 4 Life Limited to deliver the Goods and carry out the Services at your home (such as any listing building consents, if applicable).

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 or damage was caused by Boiler 4 Life Limited 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: Boiler 4 Life Limited will usually carry out work at your home during its usual working hours on Mondays to Fridays however, occasionally Boiler 4 Life Limited 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 minimize any delay and you agree to grant access to your home outside of these days/hours if requested by Boiler 4 Life Limited. If you request that Boiler 4 Life Limited carry out work outside of these days/hours other than in order to allow Boiler 4 Life Limited to remedy any breach of this contract (for example, if you ask Boiler 4 Life Limited to fit your new boiler on a Saturday as that is the most convenient day for you) then Boiler 4 Life Limited agreement to do so will be subject to you first agreeing to pay Boiler 4 Life Limited Boiler 4 Life Limited additional charges for working outside of these days/hours which charges will be advised to you in advance.

4.4

Suspension of Work: If Boiler 4 Life Limited 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 your home before Boiler 4 Life Limited commence work) then in addition to the original price payable by you, Boiler 4 Life Limited reserves the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Boiler 4 Life Limited as a direct result of its suspension or delay in those circumstances.

4.5

Damage to your Home: Whilst Boiler 4 Life Limited 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 Services (such as damage to plasterwork, paintwork, decorations, flooring, wall coverings etc.) and that Boiler 4 Life Limited will not be responsible to you for making good such damage. In particular, in no circumstances will Boiler 4 Life Limited be liable to bury any pipework into floors or walls and cuts or holes made by Boiler 4 Life Limited 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 Boiler 4 Life Limited to the best of its ability but Boiler 4 Life Limited will not be responsible for damage caused to carpets which are glued or nailed down. Unless specifically set out on the Order Form, Boiler 4 Life Limited will not be responsible for boxing in any new or existing pipework. Where Boiler 4 life is responsible for making good any such loss or damage, Boiler 4 Life Limited cannot guarantee to match any bricks, stonework etc. on a like for like basis.

4.6

Liability for Structural Defects: Boiler 4 Life Limited will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your home unless: (a) that damage is caused as a direct result of a breach by Boiler 4 Life Limited of this contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to Boiler 4 Life Limited upon a reasonable visual inspection of the area in which the Services are to be performed prior to Boiler 4 Life Limited commencing work (although for the avoidance of doubt, Boiler 4 Life Limited 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)).

5.0

DANGEROUS MATERIALS

Removal of Non-Dangerous Materials: As part of the Services Boiler 4 Life Limited will remove any non-dangerous waste items from your home (such as your old boiler) which will become the property of Boiler 4 Life Limited upon removal. However, the Service does not include the removal by Boiler 4 Life Limited of any dangerous materials from your home (such as asbestos) that it would not be reasonably possible for Boiler 4 Life Limited 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 Agreement Form.

5.2

Removal of Dangerous Materials: If any such dangerous materials are subsequently found at your home then Boiler 4 Life Limited 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 Boiler 4 Life Limited will be entitled to suspend further works until you have done so and provided it with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor.

5.3

Delay in Removing Dangerous Materials: If there is any significant delay in you arranging for the removal of any such dangerous materials from your home or should you refuse to arrange for removal of those dangerous materials then Boiler 4 Life Limited will be entitled to terminate this contract and should it do so, you must pay to Boiler 4 Life Limited a reasonable proportion of the overall price to reflect the Goods and Services which Boiler 4 Life Limited have already provided prior to termination.

6.0

BOILER 4 LIFE LIMITED RESPONSIBILITIES TO YOU

Boiler 4 Life Limited Responsibility for Death or Personal Injury: Boiler 4 Life Limited accepts full responsibility for any death or personal injury which may be caused: as a result of its negligence; by any breach of its obligations under this contract; and/or as a result of any other act or omission on the part of Boiler 4 Life Limited and none of the limitations on the liability of Boiler 4 Life Limited set out in this contract will apply to claims for death or personal injury for which Help-Link is responsible.

6.2

Boiler 4 Life Limited other Responsibilities to You: If Boiler 4 Life Limited breaches any of its obligations owed to you then Boiler 4 Life Limited 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. Boiler 4 Life Limited does not though 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 on which you signed the Order Form. Further, Boiler 4 Life Limited 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 Boiler 4 Life Limited with access to your home to enable it to perform the Services) and/or due to circumstances beyond its reasonable control.

6.3

Allowing Boiler 4 Life Limited the Opportunity to Put Things Right: If you suffer any loss or damage for which Boiler 4 Life Limited is responsible then you must afford Boiler 4 Life Limited a reasonable opportunity to remedy the problem (for example, by allowing Boiler 4 Life Limited access to your home to repair any damage for which it is responsible) and you must take reasonable steps to minimize or avoid any loss or damage which you may suffer as a result of Boiler 4 Life Limited breach of this contract. Boiler 4 Life Limited 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 minimized by you taking reasonable steps which you failed to take.

7.0

VARIATIONS TO THESE TERMS AND CONDITIONS AND ASSIGNMENT

Variations to these Terms and Conditions: Other than in the limited circumstances detailed in these terms and conditions where Boiler 4 Life Limited may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Boiler 4 Life Limited in writing.

7.2

Assignment: Boiler 4 Life Limited may assign or sub-contract some or all of its rights and obligations under this contract from time to time but any such assignment will only be in circumstances which do not prejudice your rights under this contract.

8.0

Records & Usage

8.1

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 a 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 Help-Link or the manufacturer of your boiler.

8.2

Operation of your Boiler: In order to benefit from the above cover you must also ensure that you operate your boiler at all times in accordance with the manufacturer’s instructions. Where your boiler is a combination boiler you should be aware that if more than one tap or outlet is used simultaneously water flow rates will be reduced – this is a characteristic of all combination boilers and is not a fault.

8.10

9.0

TERMINATION OF THIS CONTRACT

Unless terminated earlier in accordance with its provisions, this contract will automatically terminate on the last day of the applicable warranty period. Any termination of this contract will not affect any claim, cause of action or liability which may have arisen before the date of termination.

9.2

You can cancel this contract during a “cooling-off period” of up to 14 days after we have delivered to you or supplied the relevant Goods, provided that such Goods have not already been installed at your request. By entering into this contract, you agree that we can on your request start work before your cooling-off period ends in which case you may lose the right to cancel. If you decide to cancel this contract after we have started the delivery of Goods and Services to you we reserve the right to charge you for any Goods or Services delivered. In the case of Goods that have not been installed at your request subject to the following provisions you may return the Goods to us without charge. In the event that the Goods have already been installed or you refuse to return the Goods for whatever reason we reserve the right: to deduct any such costs from the deposit we hold from you and in the event that the amount of the deposit is insufficient to cover these costs we shall invoice you for the difference; and/or we reserve the right to enter upon your property in order to remove any Goods that we have delivered; or in the event that you have already paid for the cost of the Goods or Services in full, we reserve the right to refuse repayment in whole or in part. In the event that we recover any Goods from you and the value of those Goods have diminished for whatever reason, we reserve the right to charge you for the difference. The cancellation of contract and cancellation of direct debit within the term of five years, you are required to pay in full the total cost of installation price before deduction of b4l contract discount When taken up.

Boiler4life iow ltd is not a insurance backed scheme.

Boiler 4 Life Limited Terms & Conditions | Version.3 | 2^nd November 2019