Terms &

Conditions

Definitions

1.0 The following terms shall have the following

meaning and the headings in these

Terms and Conditions are for convenience and shall

not affect their interpretation.

For the purpose of these Terms and Conditions the

following words shall have the following meanings:

“Contractor" shall mean Southern Heating Ltd.

"Customer" shall mean the person, organisation, firm

or company for whom the contractor agrees to carry

out works and/or supply materials.

"The Operative" shall mean the representative or

sub-contractor of Southern Heating Ltd.

"Goods/Materials" shall mean all or any materials that

form the subject of this contract to include parts and

components of/or material incorporated in them.

"Specified Service" shall mean the service to be

provided by the contractor to the customer.

For the purposes of these terms, “in writing” includes

by email and any document which is set out in a hand

held device and any signature on a hand-held screen

shall be treated as in writing.

Acceptance of Works

2.0 The company has quoted the cost of installing

central heating, plumbing equipment and or air-

conditioning systems that meets the requirements

of your home. The company reserves the right to

refuse or decline any work at its own discretion.

Where the company agrees to undertake works for

the customer, this will be done so by authorised

representatives of the company only.

Once you have accepted this quotation in accordance

with below, the company undertakes to carry out all

the works necessary to complete the work described

in your specification and this quotation subject to the

conditions contained in this agreement.

You shall at your own expense

ensure suitable permission, permits, licenses and all

other consents from the owner/landlord/agent

organisation, and/or planning permission if necessary

is obtained prior to installation work carried

out by the company.

The company will not be held responsible for any

damage to the property, such as fixings, holes etc. if

this has not been obtained, and in the event of

equipment supplied or installed requiring removing or

re-positioning, extra charges will be incurred

You will provide reasonable access to enable

installations to be completed.

You will also be required to provide the

necessary service utilities for installation at no charge.

Your order as accepted subject to the condition that

there must be an adequate gas supply to the dwelling

prior to the commencement of the work. Without

prejudice to the company’s rights where such supply

is not laid to enable work to commence, the company

may cancel the contract and shall not have any

liability for any costs, loss or damage arising from

such cancellation. In certain circumstances the size of

the existing gas rate cannot always be determined. If

a new gas line is required, this will be charged at our

standard hourly rates as set out and will be in addition

to the quoted price.

20.1 Acceptance of our quotation can be made by

electronic email to info@southernhvac.co.uk or by

letter to Southern Heating Ltd 296 Erith Road,

Bexleyheath Kent DA7 6HJ.

20.2 Where an order includes customised items these

items will be non-refundable once the order is placed

with us, and should you cancel your order with us

the cost of any custom items shall still be

payable in full.

Prices and Payment

3.0 Any prices or rates advised are subject to VAT at

the prevailing rate.

The company will carry out the whole of the work

specified in this quotation at the price quoted during

normal hours, which are between 8am and 5.30pm

Monday to Friday. Any variations or additions

requested by you will be subject to an additional

charge and if the company is delayed or prevented

from installing by the agreed date due to delay or

default on your part, the company may on written

notice to you add to the charges at a reasonable sum

in respect of any additional costs incurred.

3.1 The prices specified in this agreement do not

include the price of removing any dangerous waste

materials such as asbestos found when carrying out

the installation. If during the execution of the works,

asbestos is encountered, the company reserves the

right to withdraw its installation staff immediately until

the site is made safe. The cost of removing asbestos

is not included within the price. The company upon

request of the customer will provide a cost for

removing asbestos and will add this fee to the total

quote.

3.2 All invoices are due for payment immediately

upon completion of works and or delivery to the

customer. Payment is to be made by either cash,

credit or debit card, BACS, cheque or postal order to

Southern Heating Ltd 296 Erith Road, Bexleyheath

Kent DA7 6HJ.

3.3 All appointments made for works to be carried

out, including fixed price works and estimates with the

company are done so with payment due immediately

upon completion or delivery of invoice.

3.4 For any late payments whether in part or in full of

an invoice to the company, will be subject to the daily

interest at base lending rate of Lloyds TSB Bank plc

until the payment in full is received by the company. If

you paid the deposit of final balance by debit/credit

card, cheque or direct debit and payment is declined,

stopped or returned by the bank for any reason, the

company will charge you administration costs (letters

and telephone calls made to you and any other

charges incurred).

3.5 The company will be under no obligation to

provide or issue any guarantees, certificates or other

similar documents to the customer for works, unless

payment has been made and received in full.

3.6 Title in the goods will not pass to the Buyer but

shall be retained pending payment in full of the price.

Until title passes to the Buyer, the Seller shall have an

absolute authority to re-take, sell or otherwise deal

with or dispose of all or any part of the goods in which

title remains vested in them.

3.7 For the purposes specified above, the Seller or

any of their agents or authorised representatives shall

be entitled at any reasonable time during normal

working hours to enter without notice onto any

premises where the goods or any part of the goods

are installed, stored or kept or are reasonably

believed to be. The Seller shall also be entitled to

seek an injunction to prevent the Buyer from selling,

transferring or otherwise disposing of the goods.

3.8 For all projects where stage payment terms apply,

payment MUST be paid with 7 days of each stage

completion.

3.9 In the event of any alleged minor defects the

customer shall not be entitled to withhold more than

5% or £250 (whichever is greater) of the balance due.

Once the company has corrected the minor defect

the withheld amount, 5% or £250 must be paid in full.

Illustration and description of works

4.0 Any illustrations, descriptions, imagery either

displayed on the company’s website, in marketing

materials both on and offline, catalogues, price lists

or other are intended merely to present a general

idea of works and services provided by the company.

No part of these shall form part of any contract.

Indemnity

5.0 The customer shall indemnify the company

against all actions, claims, demands, suits, losses,

costs, expenses and charges which the company

may suffer or incur in connection with a claim by a

third party, resulting from a breach of the customers

obligations, undertakings and representations and

warranties in connection with this contract.

Delivery and completion of works

6.0 The company will advise the customer of the date

and time for works to be carried out. The company

will always endeavour to ensure they maintain this

schedule and that their operatives attend at the

agreed time. However, the company accepts no

liability in respect of late or non-attendance at any

site, or for the late or non-delivery of any equipment

or materials. All times provided by the company are

estimates only. While every effort is made to make the

allotted scheduled appointment, Southern Heating

Ltd cannot guarantee appointment times due to

unforeseen circumstances. Our 2-hour response

service is subject to availability at the time of booking

and may be subject to a premium charge.

Limitation of liability

7.0 The company’s liability shall be limited to:

7.1 the repair or making good of any defect pursuant

to its undertaking in paragraph 8 below, and subject

to paragraph 6.0 above.

7.2 liability for personal injury or death resulting from

negligence during carrying out the company’s duties.

7.3 the reasonable costs of repair or reinstatement of

damage or any loss to the customers property, should

this result from the negligence of the company or its

employees, agents or sub-contractors, and the

customer incurs such costs.

7.4 The company will not hold any responsibility for

any damage suffered to a part of any property where

the damage is in whole or in part a consequence of a

defect or weakness in that part of the property.

7.5 The company will not hold responsibility or liability

for damage caused whilst investigating and repairing

any plumbing, gas, electrical or drainage work,

including blockages. This includes but not limited to;

the removal of bathroom suites, panels or furniture,

tiles and tiling, floor coverings (carpets, rugs, laminate,

wood, tiles etc), internal and external walls where

pipework is/must be routed and other damages as a

result.

7.6 If damage to plaster and brickwork is caused it will

be the customer’s responsibility to make good. We

cannot accept responsibility for any damage to

wallpaper, paintwork, tiles, carpet, furniture etc.

7.7 It is the responsibility of the customer to protect

items of furniture, furnishings, fixtures and fittings. We

will make reasonable efforts not to cause damage. It

is suggested that the customer remove items from the

work area that may be considered a problem or at

risk. If items remain within the working area, it is the

responsibility of the customer to protect such items.

Defects

8.0 Subject to paragraph 6.0 and the exclusions listed

below, the company undertakes to make good and

repair any defect in completed work, which appears

within twelve months of the complete date of the

same, to the extent that such defect arises from the

breach of the company’s obligations under this

contract. All defects must be notified to the company

by the customer in writing within this period, and the

company and its insurers must be provided the

opportunity to inspect the work and any alleged

defect. This inspection shall only apply to work carried

out and completed by the company that has been

paid in full by the customer. Following the inspection

and it transpires the alleged defect is not the result of

any work or service carried out or provided by the

company, the company reserves the right to make a

charge to the customer for the inspection visit at its

standard rate.

The company reserves the right to not carry out any

work where the customer cannot provide enough

evidence that the work was originally carried out by

the company, or where full payment has not been

received for said work.

Exclusions are:

9.0 Any parts or materials supplied by the company

will only be provided with the manufacturers or

suppliers guarantee, and are not guaranteed by the

company.

9.1 Any systems or structures which have not been

installed by the company. Where the company needs

to connect new equipment to your existing plumbing

or heating system, it will not accept liability for the

cost of repairing or replacing parts of your existing

system, which subsequently develops faults. In certain

situations, the company may charge for visits made to

your home by the company’s engineer if your system

is faulty or has developed a fault after the installation

has been conducted. The company will not accept

liability where your central heating system does not

function properly because your water supply

becomes inadequate or the water pressure becomes

invariable. Southern Heating Ltd accepts no

responsibility for any existing installations that are

present. This relates in particular but not only to, any

pipework, radiators and radiator valves, heating

valves, pumps, shower pumps, electrical controls and

or bathroom WC services that might be affected

because of a conversion from a tank fed system to a

sealed system or from power flushing of pipework

and radiators. This change to a higher pressure rated

system and power flushing can cause leaks in

components that Southern Heating Ltd will not be

liable for. Any cost of repairs for which Southern

Heating Ltd are not liable for will be charged in

accordance with our standard company charges.

Furthermore, if the buyer has requested that an

existing appliance be re-installed or moved (e.g.

boiler), Southern Heating Ltd accepts no liability for

any internal leaks or malfunctions of this boiler, as a

direct result of this installation.

9.2 Any defects resulting from the misuse, wilful act or

faulty workmanship by the customer or any other third

party working for or under the direction of the

customer.

9.3 Any structural defects, such as but not limited to

subsidence and its resultant effect.

9.4 Any damage to drainage systems caused by any

outside force or root penetration.

Force Majeure

10.0 The company will use all reasonable efforts to

carry out and complete the works on time but shall

not be liable to the customer or any third party if the

works prove impossible due to events or

circumstances beyond the company’s reasonable

control.

Cancellation11.

11.0 If the customer cancels any contract with the

company, without the companies consent, the

customer agrees to indemnify the company against all

loss, damage, claims or actions arising because of

such cancellation, unless otherwise agreed in writing,

and is without prejudice to the company’s right to

payment in accordance with paragraph 3.

Removal of waste and materials1

12.0 Unless otherwise agreed in writing, the company

is not responsible for the removal of any waste

materials. The customer is responsible for the removal

of all waste materials resulting from the works carried

out by the company.

Frozen Pipes

13.0 The company will not be liable for any fractures

found in frozen pipes attended by the company and

cannot guarantee to clear blockages occurring within

frozen pipes or drainage systems.

Guarantees

14.0 Any guarantee provided by the company shall be

for labour only, in respect of faulty workmanship from

12 months of the date of completion. Any parts,

equipment or components supplied by the company

will be covered by their respective manufacturer’s

warranty. The companies guarantee will become null

and void if the work, or appliance supplied by the

company is Subject to misuse or negligence,

repaired, tampered with or modified by anyone other

than a company operative or representative. The

company accepts no liability for or guarantees

suitability for materials supplied by the customer or

other third parties and will not accept liability for any

damage or faults as a result.

14.1 The company is unable to guarantee any work in

respect of blockages in waste and drainage systems.

14.2 The company is unable to guarantee any work

which has been undertaken on instruction by the

customer, against the companies or operative’s

advice or recommendations.

14.3 The company will not guarantee work where the

customer has been notified either verbally or in

writing by the company of any related work which

requires attention.

14.4 The customer shall be solely liable for any

hazardous situation in respect of Gas Safe

regulations, or gas warning notice issued, unless

otherwise caused by our Gas Safe operative.

14.5 The warranty for a boiler and or cylinder will be

covered by the manufacturers as agreed in the

quotation. The warranty only applies to the boiler. It

does not apply to any existing parts of the system. All

other works carried out by Southern Heating Ltd

(parts and labour) are guaranteed for 2 years.

However, any existing components or pipework not

changed are not included within this guarantee.

Furthermore, all boilers need to be serviced annually

to remain under warranty.

14.6 If the warranty becomes void due to the

appliance not being serviced, then Southern Heating

Ltd accepts no responsibility for this. We will contact

our clients to remind them a service is due, but the

responsibility of having it done lies with the customer.

Intellectual property rights

15.0

All content of this website, in marketing materials both

offline and online, catalogues, price lists or other,

including graphics and logos remain the sole property

of the company, and are not to be copied, reproduced

or distributed either in part of full, without our prior

written consent.

Complaints Procedure

16.0 In the unlikely event the customer experiences a

problem with the service provided by the company,

the customer must put their complaint in writing to: -

Southern Heating Ltd 296 Erith Road, Bexleyheath

Kent DA7 6HJ at their earliest opportunity. Upon

receipt of this complaint, the company will endeavour

to resolve the matter within seven days.

Notice of your right to cancel

17.0 The Consumer Contracts (Information,

Cancellation and Additional Charges) Regulations

2013 give you the right to cancel this contract. You

have 14 days from entering into a contract in which

you can cancel it. Your cooling-off period begins the

day after you enter a contract with the business -

whether the contract's written down or if it's an oral

contract. If you send your cancellation notice in writing

via post, it is recommended you retain proof of

postage by a certificate of posting, or recorded

delivery slip. We advise that all notice of rights to

cancel are sent via email. Notice of cancellation is

deemed to be served as soon as it is posted or sent.

Work carried out prior to the expiry of the cancellation period:

18.0 By signing a written estimate or instruction to

start work, you agree work will commence before the

fourteen-day cancellation period expires, and should

you subsequently cancel in accordance with your

rights, you are advised that reasonable payment will

be due for any work carried out, including labour at

the applicable rate..

Company charges

19.0 All charges are clearly laid out within our

quotation. When a quotation has not or cannot be

provided (i.e. Immediate or Emergency works), then

our normal charges as published and displayed on

our website apply. Additional charges will be made for

the supply of any parts and materials as needed and

these will be clearly laid out on the invoice you

receive.

Acceptance of Quotation

2

0.0 Acceptance of our quotation can be made by

electronic email to info@southernhvac.co.uk or by

letter to Southern Heating Ltd 292 Erith Road,

Bexleyheath Kent DA7 6HJ.

20.1 Where an order includes customised items these

items will be non-refundable once the order is placed

with us, and should you cancel your order with us the

cost of any custom items shall still be payable in full.

20.2 Payment is to be made by either cash, credit or

debit card, BACS, cheque or postal order to Southern

Heating Ltd 296 Erith Road, Bexleyheath Kent DA7

6HJ.

20.3 Title in the goods will not pass to the Buyer but

shall be retained pending payment in full of the price.

Until title passes to the Buyer, the Seller shall have an

absolute authority to re-take, sell or otherwise deal

with or dispose of all or any part of the goods in which

title remains vested in them.

20.4 For the purposes specified above, the Seller or

any of their agents or authorised representatives shall

be entitled at any reasonable time during normal

working hours to enter without notice onto any

premises where the goods or any part of the goods

are installed, stored or kept or are reasonably

believed to be. The Seller shall also be entitled to

seek an injunction to prevent the Buyer from selling,

transferring or otherwise disposing of the goods.

20.5 For all projects where stage payment terms

apply, payment MUST be paid with 7 days of each

stage completion.

20.6

In the event of any alleged minor defects the

customer shall not be entitled to withhold more than

5% or £250 (whichever is greater) of the balance due.

Once the company has corrected the minor defect

the withheld amount, 5% or £250 must be paid in full.

20.7 After delivery of any goods from the company,

you will be responsible for their safe keeping and you

should make sure that you are adequately insured

against loss or damage which may occur to those

goods.

Nothing in these terms and conditions is intended

to remove your rights regarding the quality of our

work or relating to faulty or mis described goods

that are supplied as part of our service.