Terms and Conditions
In these conditions Aqua Shield GB Limited is referred to as “the Company” and the person entering in to or signining the Contract is referred to as “the Customer”.
1. 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.
2. The Company, having discussed with the Customer the requirements for the installation of the heating products as listed on the sales order form or 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 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.
3. Any changes in materials and/or specification from those detailed in the schedule on the sales order form or quotation will only apply when supported by written agreement which must be signed by both parties – i.e. “the Company” and “the Customer”.
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 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.
5. 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.
6. 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.
7. 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.
8. A deposit payment is required of 25% of the total invoice value prior to works being started where required. A further payment of 25% will be due on the completion of the 1st fix of primary pipework when applicable where a job takes more than 5 working days to complete. Payment of the Contract balance is due immediately upon completion of the work to your reasonable satisfaction and a pre-authorisation of the final balance will be made to your card at the time of booking your installation or works. 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.
9. 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.
10. 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.
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 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 may be made good but not permanently finished or re-decorated. If we agree to make good decorations or plastering then we will make you aware of this in writing. Floor boards will be re-instated or replaced where necessary but special and/or laminated floors and woodchip 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 carry a minimum 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 Aqua Shield GB Ltd , the guarantee may be rendered null & void.
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.
15. 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.
16. 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.
17. 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.
18. Any existing design faults within your system, including but not limited to; poor circulation, undersized pipework, or incorrect materials which are already installed will not be covered under your boiler warranty. Any modifications required to your existing system will be payable as an extra cost unless we installed these for you.
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.
Radiators & Towel Rails
21. New radiators or towel rails where supplied and installed by Aqua Shield GB Ltd as part of a new central heating system or system upgrade are covered by the Company’s comprehensive 1 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
22. 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.
23. 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.
24. Unless stated otherwise in ‘Any Special Financial or Processing Arrangements’ All Gas Boilers supplied and installed by Aqua Shield GB Ltd carry a minimum 2 years, Manufacturer Backed, Parts and Labour Warranty. All warranties are subject to annual service history Please see the manufacturers terms and conditions booklet for further information. 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 Aqua Shield GB Limited or the supplying Manufacturer or its agents and or Engineers. Proof of annual service will validate the boiler warranty throughout period. It is the customer’s responsibility to arrange the annual service.
Timers and Controls
25. All controls will be covered by the manufacturer’s warranty and will vary. Please check the manufacturers terms and conditions.
Our Rights to Cancel an Agreement
26. If we believe that any of our employees are at any risk whatsoever then we reserve the right to withdraw from the contract immediately. This includes exposure to any threats of violence, racial harassment, bullying or any other unsocial behaviour. If we believe that our company’s reputation may be harmed by engaging in any such works which we could not reasonably foresee at the time of entering in to a contract, then we reserve the right to withdraw our services.
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. If you cancel this contract outside of the 14 day cancellation period then your deposit will not be refunded. Any goods that have already been delivered to your home as part of your contract with us, that need to be collected will be subject to a reasonable collection and re-stocking charge and will reflect the costs associated with us arranging a courier and the costs, by our suppliers to re-stock the parts where allowed.. The collection and re-stocking charges will be in addition to any deposit payments made and we have the right to recover these payments from you. You can request a cancellation form by sending us an email.
Right to Waiver Cancellation Policy
Where you instruct us to commence works before your 14 day cancellation period expires; .i.e., an urgent boiler repair or boiler installation then a right to waiver your statutory cancellation period is applied to this contract and you agree to waiver the 14 day cancellation period. After agreeing to your right to waiver, if you later decide to cancel the works or services within this period then any deposit payment will not be refunded and we may charge you a reasonable amount to cover the re-stocking of parts and where appropriate a lost booking fee to cover the hours booked to your job where we cannot fill these time slots with replacement works. If we attend a pre booked service or repair to your property and cannot gain access within the time slots agreed with us then an abortive fee of £25 inc’ VAT will be charged.
We will always aim to do our best, but unfortunately there may be times when things go wrong. If you have a complaint about any part of our service or your products please telephone us on 01482 802748 or write to us at: Aqua Shield GB Limited, 371 Anlaby Road, Kingston Upon Hull, East Yorkshire, HU3 6AB. We will try to deal with the matter immediately but if we can't then we will keep you regularly informed about the progress of our investigation. If you are unhappy with our final response - or if we have not been able to complete our investigation within 8 weeks of our receiving your complaint - you can seek free advice from your local trading standards office or visit www.tradingstandards.gov.uk, or as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.
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371 Anlaby Road,
This document was last updated on July 30, 2015