Helyg Heating Ltd. Contract, Terms and Conditions
Key Facts
Our main obligations to you:
We will carry out the work with all reasonable skill and care according to the timetable agreed with you.
We will guarantee both the installation and the goods installed.
Your right to cancel:
You can cancel this contract and receive a full refund of your deposit by sending written notice no later than 14 days after the date on which this contract was signed: this right is known as the “Cooling Off Period”
If there is a severe or unreasonable delay beyond the “Cooling Off Period”, not caused by you or by events beyond our control, then you will have a right to cancel this contract and receive a full refund
If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund (You can also seek the other remedies detailed in section 9.3 of this Contract).
Your main obligation to us:
You may be asked to pay a deposit when you agree to the contract - (by accepting an estimate from Helyg Heating Ltd, you are agreeing to your obligations, as detailed in this contract). The deposit must not under any circumstances be more than 25% of the total contract price.
You may be asked to make a further advance payment. This must not under any circumstances, when taken together with the deposit be more than 60% of the total contract price. It must be paid no more than three weeks before the agreed delivery or installation date.
It is your responsibility to obtain the necessary permissions and approvals for the work to take place. We will help you do this if you request our assistance.
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.
1. Acceptance of Proposal
1.1 The Estimate is valid for a period of 30 days from the date of issue. If you wish to proceed then you must confirm and click ‘accept’ via your Powered Now estimate or by written confirmation (email/text message/letter) to confirm you wish to proceed. This confirms that you have agreed and signed the Contract. A hard copy of the contract, terms and conditions can be obtained upon request.
1.2 We will rely upon the written terms set out here in the Contract. Please read them carefully before confirming and accepting the contract. If you need any explanations about these terms please contact us using the contact number/email address 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. You may write to us or contact us via email.
1.3 You can cancel this Contract by sending us written notice using the address/email address provided. You must send that written notice no later than 14 days after the date on which this Contract was confirmed, this right is known as the “Cooling Off Period”. If you cancel after that period, then unless we are in breach of this Contract, the conditions set out in section 9.1.1 of this Contract will continue to apply.
1.4 After the estimate has been accepted, any work completed after this will be chargeable.
2. Our main obligation to you is to carry out the work with all reasonable skill and care according to the timetable set out in the Estimate and agreed in the Contract.
2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described in the Estimate. The goods we supply must:
be of satisfactory quality;
be fit for purpose, and,
operate as we described to you.
2.2 Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date, no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
2.3 Please be aware, that should you request work to be completed in a specific way that is not standard or advised by our engineers, we will not be held liable should issues arise at a later stage. We advise that all installations should be carried out as outlined by our specialist engineers.
The Timetable
2.4 We agree to supply the goods and carry out the installation work as specified in the Estimate. We must discuss the timetable with you, agreeing on a mutually convenient period in which to carry out the work.
2.5 If, for whatever reason, there is any delay, suspension or cancellation of the supply of the goods or installation of the system, we may adjust that timetable after discussing this with you according to the conditions set out in section 8 of this Contract.
2.6 At the end of the contract we will give you any guarantees, test certificates and other relevant paperwork related to your goods and installation. We will aim to give you this within thirty days of the installation being completed.
2.7 We will explain to you the terms of the guarantees either in writing or verbally.
3. Your main obligation to us is to make the payments due to us
Please note: After the estimate has been accepted, any work completed after this will be chargeable.
The Deposit
3.1 If requested, you will pay us the deposit specified in the Estimate when you accept this agreement. The deposit shall not amount to more than 25% of the total contract price set out in the Estimate. Should you decide to cancel the contract within the "Cooling Off Period" (see section 1.3 of this Contract) we will return that deposit to you in full.
3.1.1 If you pay the deposit before we have inspected the property at which the installation is to take place 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
3.2 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 Estimate.
Stage payments
3.3 We may require you to pay in stage payments. These payments will vary in price according to the work being completed and this will be explained to you upon acceptance of the estimate. Stage payments will be charged at a percentage of the work completed to date and could be a payment of up to 50% of the total price. After completion of the outlined work for each stage payment, payment for this work should be paid within 7 days of receipt of invoice. By making this payment, you are confirming that you are satisfied with the work that has been completed to date. Upon final completion of work, the remaining balance should be paid, as outlined in this contract.
Final Payment
3.4 The balance outstanding on the contract price is due on completion and commissioning of the installation.
3.4.1 You will not be entitled, due to any alleged minor defect, to withhold any 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 written notice before the final date on which payment is due. (This is 7 days after the invoice has been sent). In that notice you must also state the reasons you are withholding the payment.
Consequences of Late Payment
3.5 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.
3.5.1 If we do not receive payment by the seventh day after payment is due, then we may give you notice that we intend to stop work on the installation. Once we have given you this notice, we may suspend all work until payment is made.
3.5.2 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, then we may be entitled to recover any additional costs we incur.
3.5.3 We may require you to return and deliver to us the goods that have been provided to you. Failing this we will take legal proceedings to recover the goods or their outstanding value. All good remain the property of Helyg Heating Ltd until all payments have been completed.
4. Your other obligations to us
4.1 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 them available.
Supply of Services
4.2 You must agree to provide the following for our use free of any charge:
water, washing facilities and toilets;
electricity supply;
adequate, secure, 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.
4.3 You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Estimate can start. If so, we will describe this to you. 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, must be of the necessary quality for the installation and must be completed before the agreed date on which the installation is due to commence.
Additional Charges
4.4 Should you be in breach of conditions set out in 4.1, 4.2 or 4.3 of this Contract you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs. If this happens then section 7 of this Contract will apply.
4.5 Please be aware that estimates may need to be updated to represent the current cost of goods/materials, or if additional work is required that is not part of the original estimate. If this occurs, you will be notified and the estimate will be updated to represent this.
5. Delivery, Title and Risk
5.1 We will arrange for delivery of the goods to the location detailed in the Estimate.
5.2 Goods remain the property of Helyg Heating Ltd. until paid for in full. This includes goods that have been installed but are awaiting payment.
5.3 Until ownership of the goods passes to you, you must:
store the goods separately in such a way that they remain readily identifiable as our property, in a secure location;
not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
maintain the goods in a satisfactory condition.
6. Change of Work
6.1 If, after singing the contract, you want to change the work, you must consult with us first. It may be possible to incorporate your changes into the installation, provided that:
it is technically possible;
we have the necessary resources;
necessary permissions are in place.
6.2 If we agree to this change of work you must confirm this in writing by writing to us or email us.
6.3 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 invoicing for the work done or goods supplied.
6.4 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.
7. Unexpected Work
7.1 Where unexpected work arises. We will tell you and ask how you want us to proceed. If you want us to continue then section 6.3 of this Contract will apply.
8. Changes to Agreed Timetable
8.1 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 or for delivery/stock of goods. We cannot be held responsible for those delays. If such delays occur we will make you aware and complete the work as soon as possible.
9. Cancellation of this Contract
Your rights
9.1 As detailed above in section 1.3 of this Contract, you can cancel this contract by sending us written notice no later than 14 days after the date on which this contract was accepted.
9.1.2 If you cancel this Contract after the period referred to in sections 9.1 and 1.3 of this Contract 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.
9.2 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.
9.3 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
9.4 If you are in serious breach of your obligations as set out in this Contract and you fail to remedy that breach within seven days of receiving 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.
9.5 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.
10. Complaints Procedure
10.1 If you are dissatisfied with the work that has been carried out, you have the right to make a complaint, where it is reasonable and appropriate. Complaints will be taken seriously and dealt with accordingly, using the following process:
Upon receipt of a complaint, we will respond to you immediately via telephone and email/writing to you.
An assessment of the complaint will be made and if it is a safety issue, immediate action will be taken.
Complains will be dealt with professionally and swiftly and we will try to resolve the complaint as soon as practically possible. If this is not possible and we need to make further investigations into the nature of the compliant to decide what the best course of action is, we will keep you fully informed.
We will keep in contact with you and inform you of what we propose to do to rectify your complaint. Your information and complaint will be logged and kept on file.
We will do everything we can to resolve your complaint. If at this stage the complaint is still not resolved, we will write to you via email/post and phone you to explain our decision and suggest any other possible alternatives available to you. Communication is important to us. We will be open and honest with you and ask that you as the customer will be the same.
11. Conciliation and Arbitration
11.1 If at any time a dispute arises between you and us which cannot be resolved amicably then both parties can refer the matter to conciliation.
11.2 The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
12. Data Protection
12.1 Helyg Heating Ltd. follows General Data Protection Regulation (GDPR) guidelines on collecting and storing your personal data safely. We hold personal identification information such as: name, email address, phone number, address etc. Helyg Heating Ltd. collects your data so that we can:
Process your service and manage your account
Email you with reminders regarding services e.g. annual boiler service
If you agree, we will sometimes need to share this information with third parties i.e. if you require renewable technologies or sprinkler systems.
12.2 We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request for copies of your personal data.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request to complete the information you believe is incomplete.
The right to erasure – You have the right to request to erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us:
Call us at: 07896551128
Email us at: info@helygheating.co.uk
For further information, please see our data privacy notice, found on our website: www.helygheating.co.uk