Boiler Installation - Terms & Conditions
In these conditions Viva Gas Ltd is referred to as “the Company” and the person signing the Contract is referred to as “the Customer”.
- All the terms of the contract between the Customer and the Company are contained in the 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.
- The Company, having discussed with the Customer the requirements for the installation of the heating products as listed on the sales order form, 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 it’s 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 returned immediately.
- Any changes in materials and/or specification from those detailed in the schedule on the sales order form will only apply when supported by the Company’s amendment forms which must be signed by both parties – i.e. “the Company” and “the Customer”.
- 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 cause beyond the control of the Company interfering with it’s execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract.
- We will carry out the work during normal working hours Monday to Friday, but may on occasion need to use a reasonable amount of overtime to achieve completion. It is a condition of this contract that your approval to such overtime is granted although we will endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrangement charged for and agreed on the sales order form, it may be necessary for us to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing. We will need access to the relative property at all reasonable times 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.
- Due to the Company’s policy of continuous improvement, the Customer shall have the benefit of any modification the Company may make to it’s 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 it’s suppliers are subsequently intended as a guide only.
- Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice to their strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.
- Payment of the Contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have been made to the Company’s agents or representatives, the Customer must retain a copy of the Contract or Invoice with the payment indicated and receipted by the person to 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. The Company reserves the right to charge interest at 2% over Bank base rate on any overdue balances on a daily basis until payment is made. Romalpa Clause – The guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.
- If the Customer has entered into a Credit Agreement via the Company’s nominated finance providers, the terms of their agreement will apply as part of this Contract. If the Credit Agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the contact balance will become immediately payable. This does not affect your statutory rights.
- In the event of suspension or cancellation of the work at the request of the Customer, or lack of instructions or delay on site caused by matters beyond the control of the Company, any extra expenses thereby incurred losses suffered shall be chargeable to the Customer along with a 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.
- 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.
- Whilst every care will be taken by the Company it accepts no liability for any damage to plaster work, decorations, flooring, etc. which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) on the sales order form. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floor boards will be re-instated or replaced where 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.
- INSTALLATION WARRANTY:
All new central heating systems/upgrades carry a comprehensive 2 year parts and labour installation 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, pipe-work, showers, taps etc. Where products are connected to existing hot & cold water pipes, tanks, or cisterns, the installation is based on the assumption that
the existing plumbing system is in satisfactory condition. Unless otherwise stated in the Contract, the guarantee does not cover drains or defects due to fair wear and tear, the replacement of lamps/ bulbs and fuses or any causes beyond the Company’s control. If any repairs, alterations or additions to the equipment, installation and/or apparatus are carried out by a person who has not been authorised by Help-Link UK Ltd , the guarantee may be rendered null & void.
- 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.
- 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.
- It is responsibility of the Customer to ensure a suitable gas supply and meter is available to the relative 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 within the contract.
- The price we quote does not include the cost of removing any dangerous waste materials, such as 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 can continue to work at your property.
- The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace.
- The Contract price quoted is subject to any changes in Value Added Tax.
- The terms and conditions for all Agreements are written in English and all correspondence will be in English. Your Agreement is governed by the laws of England and Wales if your Home is based in England or Wales and by the laws of Scotland if your Home is in Scotland.
Radiators & Towel Rails
New radiators or towel rails where supplied and installed by Viva Gas Ltd as part of a new central heating system or system upgrade are covered by the Company’s comprehensive 2 year parts and labour warranty from the date of installation. Where a customer’s existing radiators are being utilised and connected to, they will not be covered under the standard warranty and the Terms and Conditions of Clause 13 will apply. Separate rules will be applicable if one of the Company’s extended warranty schemes is effected on the date this contract is signed. Copies are available on request. Thermostatic Radiator Valves will be fitted where applicable in accordance with current Building Regulations and/or ‘CHeSS’ recommendations for Best Practice in Housing Energy Efficiency. (‘CHeSS’ = Central Heating System Specifications)
Mixer Showers & Electric Showers
Certain showers are compatible with both mains pressure and gravity fed water systems and will operate with either Conventional or Combination Boilers. However there are literally hundreds of brands and models of varying ages installed which are not always easily identifiable. Some of these are specifically designed to suit the existing system and are not interchangeable. Although our representatives will endeavour to advise accordingly, we cannot be held responsible should an existing shower be incompatible on connections due to age or type.
As part of our responsibility as Gas Safe Registered engineers, we are required to connect any new 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 day of installation of any new boiler or heating system. Should there be any leak or defect within the existing gas pipework 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 fairly rare occurrence, any such work is totally unforeseen and may have to be charged as an extra amount to that stated on the contract. The cold water flow rate shown on the contract is measured using a flow measuring device in litres per minute at the time of the initial visit by our Sales Surveyor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken. Where brickwork, stonework or other masonry has to be made good. e.g. Original flue position from old boiler, we are unable to provide a match for the existing materials due to restrictions on availability and effects of weathering over the years. Wherever possible we will endeavour to provide a similar finish. Should a Customer wish to provide his/her own materials for matching purposes, we will make an allowance in the calculations of the price agreed.
Unless stated otherwise in ‘Any Special Financial or Processing Arrangements’ (found on the front cover of the Customer Order Form) All Gas Boilers supplied and installed Viva Gas carry a 10 years, Manufacturer Backed, Parts and Labour Warranty. The Worcester Bosch Greenstar HE Oil-Fired Boiler carries a 5 Years Parts and Labour Warranty. All warranties are subject to annual service history. Please note, the price of the service is not included in the cost of the new boiler. The annual service must be implemented by a Gas Safe Registered engineer and documentation must be made available to Viva Gas Ltd engineers. Proof of annual service will validate the boiler warranty throughout the 10 Year Period. It is the customer’s responsibility to arrange the annual service.
Timers and Controls
Worcester Bosch – include a 5 Year Warranty when fitted with a Worcester Bosch Boiler
Honeywell – include a 2 Year Warranty
Name of customer Signature of Customer
I have read and fully understand the Terms and Conditions of this contract
Notice of Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason; this cancellation period will expire 14 days after the date on which we have delivered the goods which are the subject of this contract to your home.
To exercise this right you must make/send a clear statement to us within this 14 day period that you wish to cancel – to meet this deadline it is sufficient for you to make/send your statement of cancellation within this 14 day period. You may use the form below to exercise your right to cancel but use of that form is not obligatory. Even if you do not wish to use this cancellation form please ensure that any statements of cancellation are made/sent by you using our contact details as set out on that form.
Provision of Goods and Services During the Cancellation Period
If you have requested in writing (or by any other durable medium) that we commence the provision of services at your home before the expiry of this 14 day cancellation period then you will still have the option to cancel however, in those circumstances you will be required to pay a proportionate amount of the price payable to us under this contract for the work which we have undertaken before your cancellation and for any goods which we have already installed.
You will lose this right to cancel should we complete the provision of all services within this 14 day period or if and to the extent that you have requested that we perform services within this 14 day period in order to carry out urgent maintenance or repairs at your home.
Effect of Cancellation
If you cancel this contract in accordance with your rights above then we will collect at our own expense any goods which we have already delivered to your home and reimburse you without delay for any payments which you have already made to us under this contract. However, we may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to the goods whilst at your home provided that such loss or damage was not caused by us or as a result of you carrying out a reasonable inspection of those goods to confirm they were as ordered; and/or (ii) any payment which we may be entitled to as referred to above for services performed at your request during the 14 day cancellation period. If you have not yet made any payment to us prior to your cancellation then we will have a right to recover payment of either of these amounts from you.
To Viva Gas VIVA GAS LTD Suite 1, Headway Business Centre, Knowles Lane Bradford, West Yorkshire, BD4 9SW
I/We* herby give notice that I/We* cancel my/our* contract of sale of the following goods */for the supply of the following service*:
Ordered on*/received on*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) Date
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