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 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 292 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 292 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 you 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.

Cancellation

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 materials

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 292 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

20.0 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 292 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 misdescribed goods that are supplied as part of our service.