Terms Of Business
Business name: GWE Southern Ltd
Business trading address: 9-9a Carbery Row, Southbourne Grove, Bournemouth, Dorset, BH6 3QR
Telephone: 01202 757777
VAT number: 101 1420 01
Registered office address: 11 Holdenhurst Avenue, Bournemouth, Dorset, BH7 6QZ
Legal form: A limited company registered in England and Wales.
Public registers: Details about our Limited Company's registration can be viewed at www.companieshouse.gov.uk under reference number 0706 8213
Business activities and services: Plumbing and Heating Engineer – domestic/small commercial only
Payments accepted by: Cheques, credit card, debit card, BACS
Insurance provider: QBE Insurance (Europe) Ltd Expiry Date: 20th November 2017
Applicable law: Unless otherwise agreed, English law, with the English Courts having exclusive jurisdiction in relation to any claim, dispute or difference concerning the service and any matter arising from it.
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied. To ensure we’re able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you’re not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call, write or email us on the details at the top of this document. We aim to respond within 14 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised. Where we cannot resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer your complaint to them please contact 0333 241 3209 or via their website www.disputeresolutionombudsman.org/which-trusted-traders-partnership/.
Regulating body: Gas Safe registered, no. 123456 authorised by CAPITA
General terms and conditions: A letter of engagement accompanied by our standard terms and conditions will be provided at the start of any contract for works.
Construction Phase Plan (CDM 2015) - CPP: We comply with the Health and Safety Executive requirements and have a CPP Plan available for viewing and we will discuss this with you as required throughout our contract.
Work Guarantees: All works are guaranteed for 3 months from date of completion, this covers parts and labour, please see our full guarantee document for further information. Any specific manufacturer’s warranty will be provided on request. Your statutory rights are not affected by our guarantee. Our Warranties and Guarantees are not insurance backed.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
Notice of the right to cancel: Under the above named regulation you have a right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.
However if you have already given written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.
If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person named below. You may use the form below if you want to but you do not have to.
The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent.
Complete, detach and return this form only if you wish to cancel the contract.
Customer Cancellation Notice
Name of customer: ____________________________________________________________________________________________
Address of customer: ____________________________________________________________________________________________
I/We hereby give notice that I/We wish to cancel my/our contract dated:
Customer signature: _________________________________________________________________________________
This notice should be sent to: Scott Richmond, 9-9a Carbery Row, Southbourne Road, Bournemouth, BH6 3QR
Work commencing prior to the expiry of the Cancellation Period
I/We agree that: GWE Southern Ltd may commence work on _____________ (date), before my cancellation period has expired.
I understand that if I decide to cancel within fourteen working days, I may be asked to pay for any work that has been done prior to my cancellation.
Signed: __________________________________________________________ Date: ___________________
In this agreement, the terms:
1. A quotation from our personal survey is provided for your information only and shall not be used by other contractors for quoting.
2. Any quotation or letter produced by GWE Southern Ltd for an individual or company which will be used for Civil law or common law at court will cost £250.00 plus VAT. If the work is than carried out by GWE Southern Ltd this fee will not apply. By accepting the letter or quotation you agree to these terms and conditions.
3. Client is the person or organisation to whom the invoice is addressed (whether the client is acting for a third party).
4. The entire copyright of a system design is owned by GWE Southern Ltd.
5. If payment is not made in accordance with the quotation then GWE Southern Ltd may withdraw services and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Any invoice issued to a client is to be paid in full by no later than the date specified on the quotation or 14 days of the date of issue.
7. A fee of £20 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
8. GWE Southern Ltd reserves the right to suspend ongoing services once any invoice issued to a client becomes overdue, and reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
9. This Agreement shall be subject to and constructed per English Law and the parties agree to accept the exclusive direction of the Courts of England.
10. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
After care terms and conditions
1. Worcester Bosch Ltd and Vaillant Group Ltd (depending on the boiler you have installed) cover the components of the appliance including Worcester Bosch Group controls which if proved to be defective or faulty at manufacture, will be repaired or exchanged free of charge including material or labour charges and at the discretion of the manufacturer and by the manufacturer only.
2. The flue system will ONLY be covered for 12 months after the installation date.
3. Unless stated otherwise, a 2 hour chemical magnacleanse will be carried out on your installation. At the end of the installation the GAS SAFE or OFTEC engineer will carry out a full heat test and balance the heating system. If there is evidence the heating system is: struggling to circulate, has cold spots to the bottom of the radiators and there is heavy black sludge while draining down the system, a power flush will be required and if not included in the quote, at an additional cost. This must be carried out by GWE Southern Ltd in order to validate the 10 year guarantee.
4. The homeowner is agreeing that during the life of this agreement they will abide by the terms and conditions set out by GWE Southern Ltd and Worcester Bosch and Vaillant on their website.
5. Your Worcester Bosch guarantee is administrated and offered by the Worcester Bosch Group which means that only Worcester Bosch Group or GWE Southern Ltd are authorized to work on the appliance during this time. (Authorisation may be given for work to be carried out on a case by case basis).
6. Worcester Bosch Ltd and Vaillant Group Ltd will not accept liability or responsibility for any fault found on the existing heating system not forming part of the appliance or any fault arising from causes other than the original manufacturing defects or workmanship.
7. Worcester Bosch Ltd and Vaillant Group Ltd cannot be held responsible for any damage that may arise due to adverse weather conditions such as frozen condensation outlets or rainwater down the flue.
8. Worcester Bosch Ltd and Vaillant Group Ltd reserve the right to cancel any extended guarantee if a homeowner does not keep up with the services at any point during the life of the guarantee.
9. Your guarantee will be void if you interfere with the heating system in any way, including draining down the system.
10. Your guarantee is with the manufacturer of your boiler/product and not with GWE Southern Ltd, any additional visits required following installation will be chargeable at our current rates.
Boiler terms and conditions
1. All the terms of the contract between the Customer and the Company are contained in this document and written specifications (if any) provided to the Customer. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.
2. The Company, having discussed with the Customer the requirements for the installation of the heating products as listed in the quotation, may need to carry out a survey to take detailed measurements and or specifications and any Contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work detailed on the Contract should its surveyor(s) think fit to do so. Should this action become necessary, the liability of the Company in these circumstances is limited to the refund of any deposit paid by the customer and these sums will be refunded immediately.
3. Any changes in materials and/or specification from those detailed in the schedule of the quotation will only apply when supported by the Company’s amendment forms which must be signed by both parties — i.e. “The customer” and “The Company”
4. Delivery / installation timescales are approximate and shall be deemed to commence with effect from settlement of all details of the order and receipt of payment of any deposit where applicable and are made subject to fires, strikes or lockouts and any other causes beyond the contract of the Company interfering with its execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract. Should the Company be required to amend the scheduled Installation Date due to engineer availability, then the Company shall not be held liable to compensate for Loss of Earnings. Every effort will be made to notify you (The Customer) of any change to the scheduled Installation Date at the earliest availability.
5. We will carry out the work during working hours Monday to Friday, but may on occasion need to use a reasonable amount of overtime to achieve completion. This may include additional days for the installation when planned. We may stipulate the number of engineers to complete the installation. However, the number of engineers is not guaranteed and only a guide, as during busy periods this may change. It is a condition of this contract that your approval of such overtime is granted although we will endeavour to minimise any disruption or inconvenience. Should any overtime or unsociable working hours be specifically requested by you or other any special arrangements charged for and agreed in the quotation, it may be necessary for us amend the quotation. These charges will explained at the time and prior to the overtime or unsocial working hours commencing. We will need access to the relative property at all reasonable time whilst the work is being executed and would expect free use of water electricity and gas to enable us to complete the work in accordance with this Contract.
6. Due to the Company’s policy continuous improvements, the Customer shall have the benefit of any modification the Company may make to its products and procedures albeit these changes may be made without prior notice to the Customer. All illustrations within the Company’s literature and that of its suppliers are subsequently intended as a guide only.
7. Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice by strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.
8. Payment of the Contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have be made to the Company’s agent or representatives, the Company must retain a copy of the Contract or invoice with the payment indicated and receipted by the person of whom the payment is handed. Cheques must be made payable in favour of the Company only if remedial work is necessary, the Customer may hold a maximum of 10% of the value of the invoice until such work is carried out.
9. Interest at 2% over Bank base rate, will be charged on any overdue balance daily until payment is made. ROMPALPA CLAUSE-All goods supplied remain the property of the Company even though installed by way of a lien until fully paid for. The guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.
10. In the event of suspension or cancellation of the work at the request of the Customer, or lack of instruction or delay on site caused by matters beyond the control of the Company any extra expenses thereby incurred or losses suffered shall be chargeable to the Company along with reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.
11. It is the Customer’s responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.
12. Whilst every care will be taken by the Company it accepts no liability for any damages to plaster work, decoration, flooring etc, which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished or redecorated. Floor boards will be re-instated or replaced when necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which have to be lifted will be re-laid to the best of our engineer’s ability, however we cannot be held responsible for carpets which have been nailed or glued down, It should be anticipated that an amount of re-decoration may be required and this will be the Customer’s responsibility and is not included in the price. Similarly the Company accepts no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on the part of the Company, it’s servants, workmen or assigns.
13. All new central heating systems/upgrades installed carry a comprehensive 12 month labour warranty from the date of installation. No guarantee can be given however on the integrity or suitability of any existing components being connected to and the Company cannot be held responsible for the failure of any such components or defects existing within any part of the original system i.e) Radiators, pumps, Pipework, Showers Taps etc. OR where issues may arise from any changes in water pressure due to the conversion from a tank fed supply to either mains or sealed type systems.
14. As it is necessary that all pipes are accessible we will not normally bury them in solid floors or walls and pipes will be exposed in these situations Boxing in of pipe-work is not included unless specifically detailed in the quotation. If we remove boxing, it will be down to the engineer’s discretion if the boxing is to be put back.
15. The quotation given by GWE Southern Ltd is a fixed price for the specification of the boiler installation. The quotation does not include existing issues which we may come across during the installation with your gas, heating, plumbing or electrical system. Should we find issues with your existing system these will be brought to your immediate attention and a quote for any additional work because of these findings will be given.
16. Where combination boilers are supplied, hot water flow rates will be reduced if more than one tap or outlet is used simultaneously. This is not a fault and is a characteristic of most combination boilers.
17. It is the responsibility of the Customer to ensure a suitable gas supply and meter is available to the relevant property. Where this is not the case the Customer will need to organise a supply via Transco or any other suitable pipeline provider. A gas meter will also be required which will need to be arranged separately with a gas supplier. Any costs incurred for the same are to be borne by the Customer and are in no way part of this Contract unless specifically included in the quotation.
18. The price we quote does not include the cost of removing any dangerous waste materials, such asbestos, that we could not reasonably identify when we gave you your quote. You can call a specialist contractor to 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 continue to work at your property.
19. The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace.
20. The Contract price quoted is subject to any changes in Value Added Tax.
21. Our engineers may need to gain access to the property main or garage roof – if a vertical flue is installed, condensation pipe coming from loft etc. GWE Southern Ltd and our engineers will be as careful as is practically possible but do not hold any liability for damage to a roof if we have to gain access.
22. When brickwork, stonework or other masonry has to be made good e.g. Original flue position from old boiler, we require the client to provide the necessary bricks required for making good, with the correct quantity allowed for. GWE Southern Ltd will not provide the bricks for these works unless specifically outlined in the quotation provided in the quotation.
23.On the day of completion, should our engineer not be able to commission the new boiler fitted by GWE Southern Ltd, due to an existing problem with the system, including: valves, controls, electrics and gas, a commissioning charge of £110 plus VAT will be applicable. A GWE Southern Ltd engineer will need to revisit the property in order to commission the boiler.
24. Unless stated otherwise, your quote will include a 2 hour chemical magna-cleanse of the existing heating system using cleaning chemicals. This process runs chemicals through the heating system which is filtered via two powerful magnets to remove sediment which could damage your new boiler. Further flushing may be required for heavily contaminated systems and where this is necessary a quote will be provided.
25. There are a number of factors which can cause contamination within a heating system following installation, therefore GWE Southern Ltd accept no responsibility for any issues that occur as a result of this. Open vented systems are particularly susceptible to contamination, which can be accelerated due to additional oxygenated water entering the system diluting inhibitor levels.
26. Unless it is otherwise stated in the quotation and schedule of works, GWE Southern Ltd will connect onto your home’s existing electrical system. If the boiler location is changed as part of the schedule of works, then a new fused spur may be required. This quotation does not include the installation of a new fused spur, unless specifically stated. In the event that there is no fused spur present, the boiler will be commissioned on a temporary supply and it will be the home-owner’s responsibly to upgrade the electrical supply to meet current regulations.
27. If the boiler is to be installed in the loft or at another high location, it is the customers responsibility to install any relevant accessibility parts such as fixed loft ladder, lights, fixed surface/platform, hand rails etc as to conform to current building regulations.
As part of responsibility as Gas Safe Registered engineers, we’re required to connect any gas appliance to a gas supply that is safe and sound. Consequently we will need to carry out a gas soundness test on the first of the installation of any new boiler or heating system.
Should be any leak or defect within the existing gas pipe work we would have no alternative but to condemn the supply, or take steps to make the supply safe as necessary or re-pipe the supply prior to the installation work being carried out. Although a rare occurrence, any such work is totally unforeseen and may have to be an extra amount to that shown in the quotation. The cold water flow rate shown in the quotation is measured using a flow measuring device in litres per minute at the time of the initial visit by our Sales Advisor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken. When brickwork, stonework or other masonry has to made good e.g. Original flue position from old boiler and we’re unable to provide a match for the existing materials due to restrictions on availability and effects of weathering over the years. Whenever possible we will endeavour to provide a similar finish. Should a Customer wish to provide his/hers own materials for matching purposes, we will make allowance in the calculations of the price agreed in the quotation.
Boiler and component guarantee
The boiler guarantee is given direct from the boiler manufacturer — this is usually a parts and labour guarantee. The guarantee on external components such as a programmer supplied and fitted by GWE Southern Ltd, are only covered by a parts guarantee, labour will not be included as the manufacturers do not cover labour.
The boiler must be serviced yearly by a Gas safe/OFTEC engineer, to maintain the guarantee. GWE Southern Ltd will set up your guarantee with the selected manufacturer.
Boiler manufacturer guarantee guidance
The below guidance notes refer to the boiler manufacturer guarantee, from date of installation. This guarantee is only available to customers who had their boiler installed by GWE Southern Ltd, who have a Worcester Bosch or Valliant boiler installed. Policy includes Gas, LPG and Oil boilers.
1. Any boiler installed requires an annual service carried out within 12 months from the date of installation and within 12 months yearly for the life of the guarantee. The service needs recording in the log book provided by the manufacturer.
2. The flue system is only covered for 12 months after the installation date.
3. A magnetic filter must be installed on the date of installation and cleaned every 12 months.
4. The Water treatment to the central heating system must comply with the manufacturer’s instructions and GWE Southern Ltd recommendations.
5. The homeowner is agreeing that during the life of this agreement they will abide by these terms and conditions set out by GWE Southern Ltd and as per terms and conditions set out by Worcester Bosch and Valliant on their website.
6.The first 6 -10 years (dependent on brand and model of boiler installed) of this guarantee is administered and offered by the Worcester Bosch or Vaillant Group, which means that only Worcester Bosch or Vaillant Group and GWE Southern Ltd are authorized to work on the appliance during this time. (Authorisation may be given for work to be carried out on a case by case basis).
7. GWE Southern Ltd, Worcester Bosch and the Vaillant Group will not accept liability or responsibility for any fault found on the existing heating system not forming part of the appliance or any fault arising from causes other than the original manufacturing defects or workmanship.
8. The boiler manufacturer may require a ghost payment before booking an appointment for any call outs under their guarantee. This will be taken in the event of a missed appointment (customer not home when job booked in) or if the fault is external to the boiler causing the boiler not to function correctly. GWE Southern Ltd will not be held responsible for any costs that occur between the customer and the boiler manufacturer, regardless of the circumstances.
9. It is our recommendation that the customer call GWE Southern Ltd in the event of any boiler fault in the first instance. Normal charges (found on our website) will occur for any call outs where the customer requires GWE Southern Ltd to visit the property to ascertain the cause of the fault before calling the boiler manufacturer. GWE Southern Ltd will not make any calls to the manufacturer on behalf of the customer under any circumstances.
10. GWE Southern ltd cannot be held responsible for any damage that may arise due to adverse weather conditions such as frozen condensation outlets or rainwater down the flue.
11. Your guarantee will be void if you interfere with the heating systems in any way, including draining down the system.
12. Any decisions made by GWE Southern ltd are final and not subject to change.