01 – Introduction
In these Terms & Conditions Get Your New Boiler Limited (a company registered in England & Wales with company number 11882436) will be referred to as ‘the Company’ and the person ordering the product will be referred to as ‘the customer’.
All the terms of the contract between the customer and the Company are contained in this document and written specifications provided to the customer by the Company on the website. These terms are governed under the laws of England and Wales. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.
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.
We try to keep information on the website and in marketing materials relevant and up to date. However, such information should be used as a guide only and products and services are frequently updated and changed.
Any reviews or comments made by members of the public on this website are their opinions only and do not form any part of the specification or advice given by the Company about products or services we supply.
Pictures, text, videos and other material contained on the Company’s website(s) and literature are subject to copyright restrictions and must not be copied or reproduced without the written consent of the Company.
Trademarks and other intellectual property of the Company are protected and not to be replicated or reproduced.
02 – Personal Information
The Company treats all information supplied by customers as confidential and will only pass on such information as is required to fulfil the obligations set out in this contract.
We may use information about you to do the following:
- Provide you with the services you have asked for (which may include loyalty and incentive schemes we may run from time to time)
- Offer accounts, services and products from us. To help us make these offers we may use an automatic scoring system.
- Help run, and contact you about improving the way we run any accounts, services and products we have provided in the past, we are providing now, or may provide in the future
- Create profiles and marketing opportunities (where your explicit consent has been given to us)
- Help maintain your, and the members of your family or households, health, safety and security
- As part of the process of selling one or more of our businesses
- If we have been asked to provide information for legal or regulatory purposes (for example, by Ofgem or a lawyer)
- As part of current or future legal action
- As part of government data-sharing initiatives
- Help train our staff. We may also monitor and record any communication we have with you, including phone conversations and emails, to make sure that we are providing a good service and meeting our regulatory and legal responsibilities.
- When we contact you, we may use any information we hold about you to do so. As a result, we may contact you by email, phone, text message or other forms of electronic communications, or by visiting you.
- If we contact you to tell you about any offers, we will only do so if you have given us explicit consent to do so. This will be in line with your preference of communication with us for marketing purposes. You can ask us not to send you any information on our offers at any time by contacting us and giving us your account details.
- If you give us information on behalf of someone else, you confirm you have given them the information set out in this document, and that they have given permission for us to use their personal information in the way we have described in this section. If you give us sensitive information about you or other people (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the person the information is about has agreed) that we can use this information in the way set out in this document.
You are entitled to have a copy of the information we hold about you and to have any inaccurate information corrected. We charge a £10 administration fee for this service to cover our costs, this must be paid prior to the request being fulfilled. For more information about this, please contact our privacy team by emailing us at the email address provided below:
Ee-con Limited, Bourne house, 23 Hinton Road, Bournemouth, Dorset BH1 2EF
Communication
Unless otherwise stated in the Terms & Conditions, all communication between the customer and the Company will be by email or telephone. The customer’s email address used by the Company will be the same one supplied by the customer during the ordering process.
When the customer places an order with the Company via the website, the Company will send the customer an email acknowledging the order and stating:
- Details of what the customer has agreed to purchase
- The total cost
- The minimum duration of any contract and arrangements for terminating the contract
- How and when they can cancel an order and who pays for returning goods
- An address where complaints can be sent
- Any guarantees or after-sales services you offer
- Conditions for terminating contracts
Following the placement of an order, the Company will telephone the customer and then follow up with an email stating:
- Arrangements for delivery and installation
03 – Delivery of goods
The Company works hard to ensure the delivery of goods happens on time and with clear correspondence in advance. Notwithstanding this, the customer accepts that sometimes delivery issues occur and this does not give cause for cancellation.
The customer is responsible for notifying the Company of any local restrictions that could impact the delivery of goods, for example local parking restrictions, steep stair climbs, stair climbs longer than 20 steps, on foot carrying distances greater than 30 meters. If a redelivery is required because of an undeclared delivery restriction the Company reserve the right to charge the cost for a redelivery and any other associated costs.
The customer agrees to have someone present at the property for when goods are scheduled to be delivered and agrees that if a delivery is aborted due to no one being at the delivery address then this will incur an aborted delivery charge.
The customer is responsible for keeping any equipment secure and dry once delivered. If equipment is damaged, removed or packaging opened then the customer will be liable for any costs or losses incurred by both themselves and the Company. These costs include both the cost of replacing equipment and the cost of labour (either extra labour employed to rectify the problem or wasted due to equipment being missing).
04 – Inspection of the site
If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, then the Company will inform the customer of why the installation cannot go ahead as ordered and discuss alternative options including any delay to installation that may be incurred. If the customer declines the alternatives offered, or if no alternatives can be offered, then the Company will give a full refund to the customer and remove any materials that may have already been delivered to site.
In exceptional cases where the Company determines an installation cannot take place, the Company reserves the right to decline any order at any time. Should the Company decline an order, no damages or expenses of any kind shall be payable by the Company to the customer beyond the refund of any money already paid in relation to the contract.
Any changes in materials and/or specifications from those detailed in the contract, will only apply when supported by an Amendment to Order document issued by the Company, which must be approved by the customer (this approval may be carried out either by physical documentation or by email).
Whilst every effort is made to ensure the delivery and installation timescales agreed during the ordering process are met, the Company reserves the right to delay installation for reasons including (for example) fires, strikes, illness, severe weather, lockouts, terrorism, war and any other causes beyond the control of the Company interfering with its execution or completion of the contract. Time shall not be deemed to be the essence of the Contract.
05 – Carrying out installation work
You will need to provide free access to and from the installation property on the agreed dates so that we can deliver and install equipment. You must also provide free access to water, gas and electricity for installing and testing your new equipment.
During the fulfilment of this contract, the customer agrees to provide a safe and respectful workplace for any persons attending the installation address. Persons attending a property to carry out work connected with this contract will leave the property if rude, abusive or unsafe conditions are encountered. If this happens, it will be at the sole discretion of the Company if a reattendance is arranged and what the charge for such a reattendance will be. In any event, no refund will be due from the Company to the customer if the site is vacated for reasons of safety, abuse or general rudeness.
Prior to any attendance by the Company, it is the customer’s responsibility to secure any permissions, licences or permits that may be required to authorise the work. An example of such permit could be a listed building consent, landlord consent or freeholder agreement.
We will always try to complete work before 6pm on the day of installation, 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.
Due to the Company’s policy of continuous improvement, 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 website (and any advertising, marketing material or literature) and that of its suppliers are subsequently intended as a guide only.
Whilst all reasonable care will be taken by the Company, it accepts no liability for any damage to existing plaster work, decorations, flooring etc which may be consequent upon the carrying out of the work detailed. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floor boards will be reinstated or replaced where necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which are lifted will be re-laid to the best of our operative’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 redecoration 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 defects or weaknesses unless such damage results from negligence on the part of the Company, its operatives, servants or assigns. The Company cannot be held responsible for any damage caused by a third party employed by the Customer.
Where pressurised hot water systems are installed as part of the works, the customer understands this could increase the water pressure in existing plumbing. Whilst the Company will exercise reasonable care in assessing the suitability of existing systems, the Company will not be liable for any damage caused to existing plumbing installations or any consequential damage caused by the failure or incompatibility of existing installations, taps, valves, showers, other fittings or any appliances.
You should be aware that due to the wide variety of showers available in the market place it is not possible for the Company to determine if your existing shower and any new boiler will be compatible. The Company will not be liable if your existing shower is not compatible for any reason with a new boiler.
Whilst engineers working on behalf of the Company will take reasonable care not to damage wiring, plumbing and other services at your property, the Company cannot be held responsible for any damage caused to such existing services whether the damage was caused accidentally, on purpose or because of re-routing during the installation of equipment. Where any such wiring or services are installed, it is the customer’s responsibility to ensure that these be re-routed prior to commencement of the works.
The Company will not be liable for any damage to your home with is caused as a direct result of structural defects or weaknesses at the installation address whether they are visible or not. If you are unsure of the structural integrity of your building you should engage an appropriately qualified structural surveyor prior to any attendance the Company may arrange in connection with the contract.
Products and building materials can vary in colour, texture and general appearance. The Company accepts no liability for any materials used during the installation process having variations in colour, texture and general appearance. When matching materials (such as bricks and tiles) to existing materials which are part of the house, a close match is often not possible due to older products becoming obsolete and the effects of weathering over time. In summary, the Company accepts no liability for any materials introduced to the property matching any existing materials and explicitly states variations in colour, texture and general appearance are likely and will be by the customer.
When adding new equipment to your house, our engineer will need to test existing relevant infrastructure to ensure it meets current regulatory standards and is of suitable performance. Should your existing infrastructure fail to meet relevant standards then we will give you the options (and associated costs) to bring the infrastructure up to a standard which allows new equipment to be connected. If you do not wish to authorise the required additional work(s) we will leave the equipment for connection by others and will not be able to commission the equipment. In such circumstances the customer is still liable to make payment in full as if the installation had been completed.
The engineer will take pictures of your installed equipment for the Company’s auditing process and for our own records. The engineer may also attend with other people including managers, supervisors, trainees or apprentices.
Upon completion of all physical works at the property, the customer (or their representative) may inspect the work before the engineer departs. Once the Company’s appointed engineer is satisfied that the work is complete and the customer (or their representative) has been given the opportunity to inspect, then all works required to fulfil the contract are deemed to have been completed.
Sometimes things do not go to plan with the installation of new equipment. The customer agrees to give the Company and its engineers reasonable opportunities to put thing right by providing access to the installation address and time to remedy any faults or problems. In addition to this, the customer undertakes to minimise or avoid any losses it may suffer as a result of the actions (or non-actions) of the Company or the appointed Engineer.
If something within the customer’s responsibilities/control (such as removal of asbestos or improving existing infrastructure) prevents delivery and/or installation of any goods/services ordered for more than 12 months after the order was placed with the Company, then the Company will be deemed to have performed the contract in full and entitled to retain all monies paid to date without deduction or refund in full or in part without the supply of any further goods/services.
As we only supply products for domestic and private use, we are not liable for any loss of profit, loss of business, business interruption or business opportunity.
06 – Finance and Payments
If paying by credit or debit card, the payment of cleared funds from the customer to the Company is required prior to delivery and/or installation of goods. Payment is only deemed to have been received once the funds are showing in the Company’s bank account as cleared funds. If the customer instigates an attempt to clawback payments (for example requesting a credit card chargeback) then the Company can pass on any costs and/or losses associated with dealing with and defending such action.
All invoices issued by the Company to the customer are issued after payment has been made and goods have been installed. Whilst any money is outstanding, the Company is entitled to delay or defer any or all work without any penalty due from the Company to the customer whatsoever.
During the order process, if the customer would prefer to pay for goods and services using a finance package, the Company may introduce the customer to a third-party finance provider, such as Phoenix Financial Consultants, on a referral only basis.
If you have entered a credit agreement with a finance provider the Company has introduced you to, you will need to enter a separate agreement with that provider (payment of the contract balance will be automatically processed between the Company and the Finance Provider when the balance becomes due).
If the Customer has entered a credit agreement via one of the Company’s nominated finance providers, the terms of the 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 contract balance will become immediately payable. This does not affect your statutory rights.
All goods supplied remain the property of the Company even though installed, by way of a lien, until fully paid for and the Company reserves the right of re-entry to remove any such goods whether fixed or otherwise, which remain unpaid for.
All the prices we display include VAT. Delivery and other service charges will be confirmed on screen during the specification and purchase process. After the point a customer completes an order on the Company’s website, the price should not change even if the VAT rate does.
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 or 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.
The Company reserves the right at its sole discretion to accept or refuse any order placed by the customer until the appointed engineer has inspected the site and accepted the order.
Debris will be removed from site as part of the contract price, but this does not include the removal of any dangerous/hazardous waste material such as asbestos which we become aware of before or during the installation. It is the responsibility of the customer to arrange for the safe removal and disposal from site at their own expense and to provide the Company with a Clean Air Certificate as proof this work has been completed. A reattendance charge is payable from the customer to the Company if a reattendance is required once the dangerous/hazardous material has been removed. The customer is responsible for disposing of any packaging.
Party Wall Act; it is the responsibility of the customer to undertake a party wall agreement with any neighbouring properties where required in advance of the Company attending site to carry out work.
Under Construction (Design and Management) Regulations 2015 the Company needs to ensure operatives working on the site have access to welfare facilities including; a toilet, washing facilities, drinking water and facilities for rest in a warm indoor area. To reduce costs the customer agrees to provide access to these facilities within the existing property for workers to use in a clean and respectful way. If the customer would like the Company to make alternative arrangements to comply with these CDM Regulations, they will notify the Company at least 21 days before any onsite works are due to commence and pay the additional cost of hiring such facilities 7 days prior to work commencing.
07 – Cancellation
You will lose the right to cancel set out below should the Company complete the installation of your new equipment within 14 days of your order being placed and you have requested that the Company perform services within this 14-day period as it will be deemed that the Company has been engaged to carry out urgent maintenance or repairs at your household.
The customer has a right to cancel this contract within 14 days without giving any reason provided the following conditions are satisfied;
Notice of cancellation is emailed to [email protected] either before any delivery is made, or within 14 days of the order being placed.
Notice of cancellation is emailed to [email protected] prior to the engineer attending site on the agreed date.
Any email sent intended to serve as your statement of cancellation should be clear and unambiguous. You may use the following style of wording although this is not obligatory “I/we hereby give notice of cancellation for the contract number [insert contract number] for the supply of [item you wish to cancel] to [property address]. Signed [insert your name].”
If the equipment has already been delivered, but the engineer who will be doing the work has not yet been allocated, then the customer can cancel the order and receive a full refund less costs associated with the enhanced delivery and collection service requested to transport the equipment.
For the avoidance of doubt, due to the nature of the equipment only the Company’s appointed agents may transport equipment to be refunded.
If you wish to cancel once the engineer is allocated and you are still within the 14-day cancellation period, the supply of goods will be deemed to be benefiting from enhanced delivery chosen by the customer and you will be liable for the cost of the engineer’s attendance and other reasonable costs associated with both the enhanced delivery and collection arranged by the Company.
08 – Warranty specification
All gas boilers supplied by the Company are supported with manufacturer backed parts and labour warranty providing they have been inspected and maintained annually by a Gas Safe Registered engineer (the length of the warranty is up to 10 years depending upon options selected at the time of purchase). The cost of servicing and inspecting after installation is not included in the price of this contract. You must retain service records for your boiler which must be produced to the Company or manufacturer upon request if making a claim under the warranty. After the installation, we will automatically register your boiler’s warranty with the manufacturer and email you the relevant details. For the avoidance of doubt, the warranty is provided by the manufacturer of the boiler supplied and not by the Company.
Timers and Controls; The warranty period for timers and controls varies depending on manufacturer. 5 years for Worcester Bosch and typically 2 years for other manufacturers.
Any workmanship will be done with reasonable skill and care by a suitably qualified person. The installation pipework, joints and hand applied seals benefit from a 1 year warranty to include all parts and labour.
Any guarantee shall be null and void if payments are not made on the due dates and the above conditions are not adhered to. Furthermore, neither the Company nor the manufacturer of any parts or equipment will be liable to you, whether under this contract or otherwise (and whether to carry out any warranty repairs or otherwise) where any failure, fault or problem arises as a result of;
Any failure of the customer or third parties in the care, operation, inspection, servicing or maintenance of any of the equipment which is not done strictly in accordance with the manufactures instructions. The customer is responsible for maintaining full and accurate service records for all equipment, without such records any warranty will be void.
Any deliberate damage or vandalism
Damage caused by circumstances outside the control of the Company or the equipment manufacturer.
A variation in a flow rate of water to any installed equipment
The replacement of any lamps, bulbs or filaments are excluded from the warranty as are any timers, thermostats, lockout devices that may be connected to, or part of, the equipment after the expiry of the individual items relevant warranty period as detailed by the manufacturer.
You must notify the manufacture of any warranty claim against equipment or components as soon as reasonably possible once you become aware of the fault with a product. The contact details are supplied in the warranty pack or you can email [email protected]
The warranty set out above applies specifically to the equipment installed as part of this contract. Any existing timers, controls, radiators, towel rails, pipework, drains, other equipment or other devices are completely excluded from any warranty offered.
The Company, or any engineer appointed by the Company, is under no obligation to carry out any visual inspection or testing on any existing equipment (except as part of their regulatory duties). The risk of any of the existing system failing once the new equipment is installed is solely the responsibility of the customer. If the customer wishes to reduce this risk they can, and their own expense and independently of the Company, organise a suitable inspection and test of the existing system prior to the installation of new equipment being carried out.
09 – Complaints
We aim to deal with all complaints in a timely and professional manner, ensuring a fair and equitable process is followed.
As part of this commitment the following complaints process is designed to provide a straight forward and easily understandable process for all to follow. The following process does not affect your statutory rights.
Complaints can be raised by any appropriate means such as:
- – Telephone
- – Post
- – In Person
Following a complaint, the complaint receiver should either accept or reject the complaint, passing the complaint to a suitably qualified colleague if they are unsure if we are at fault. Once accepted as a valid complaint against us the rest of this procedure should be followed.
Complaints raised by telephone will be logged and basic details taken, if a manager can deal with the complaint to the customer’s satisfaction by phone they will and details will be recorded. However, if the complainant is still not satisfied it will be necessary for complaints to be issued in writing in order to be progressed (unless the complaint indicates a potential criminal offence has occurred in which case the police will be called)
Complaints should be submitted to the Customer Service Manager at Get Your New Boiler Limited, Bourne house, 23 Hinton Road, Bournemouth, Dorset BH1 2EF and include the following information as a minimum: nature of complaint, details of the address to which the complaint relates, details of the complainant (name, contact details), details of what is expected from the complaints process (compensation, apology etc.) and any supporting evidence regarding the complaint.
Once received a complaint will be logged on the complaints log and the complainant contacted in writing within 7 days of receipt to confirm receipt and detail the process to be followed.
Depending on the nature and severity of the complaint the above communication may also include the findings and recommendations.
The person handling the complaint will keep the complainant appraised of the process at not greater intervals than 7 days until such time the complaint has been investigated and recommendations/finding issued.
The finding will be issued in writing to the complainant who should then respond to the complaint handler within 14 days to confirm agreement or otherwise with the recommendations/findings.
Where the complainant is satisfied with the outcome and agrees to any actions/compensation the complaint handler will ensure that timely closure of the complaint is provided.
Where the complainant is not in agreement with findings of proposed actions the complaint will be escalated to the Managing Director for his consideration.
The outcome of the Managing Director’s decision will be communicated to the complainant as before.
In cases where complainants are still unhappy to Gas Safe: http://www.gassaferegister.co.uk/help/make_a_complaint.aspx
It is important that all parties follow this process closely and act in good faith at all times.
10 – Gas Safe Registration Certificate
