SBell Boilercare Terms & Conditions
Please read this document which
will tell you what you need to know when you accept a quotation from SBell
Boilercare. In all clauses, the company refers to SBell Boilercare.
If you are uncertain as to your rights under them or you want any
explanation about them, please write or telephone us at the address or
telephone number given.
1. Hourly Rate Work
The total charge to the Customer shall consist of:
The cost of materials supplied by SBell Boilercare (usually trade purchase price of materials + 20% handling fee) and the amount of time spent by our engineers to carry out the works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with our current hourly rates.
2. The company has quoted the
cost of installing central heating and/or plumbing equipment that meets the requirements
of your home. 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.
3. If you require a particular date for the works to be carried out, the
company will do all that it reasonably can to meet the dates given for the
installation. The company also understands that there might be instances
when a date for installation cannot be met by you, and as a result no party
shall be liable for costs or able to cancel this agreement. In case of
unforeseen circumstances, beyond reasonable control of the company or you, the
company will contact you and agree an alternative date.
4. 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.
5. You shall at your own expense obtain all necessary consents for the
installation of the works, including (without installation) building
regulations and planning consents, consents from neighbours and mortgages.
6. If you are a tenant, you may need your landlord’s permission for an
installation to be carried out. The company will assume such permission
has been granted and shall have no liability for any loss or damage arising
from failure to obtain such permission.
7. 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.
8. 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
9. 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. However, the company upon request of the
customer will provide a cost for removing asbestos and will add this fee to the
10. 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
11. SBell Boilercare 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 as a
result of an 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 SBell
Boilercare will not be liable for. Any cost of repairs for which SBell
Boilercare are not liable for will be charged in accordance with our standard
company charges. If your system is excessively full of magnetite and sludge, a
further power flush might be required at some point later (eg. 3 years).
Further power flushes will be chargeable at our standard power flush rates as
shown our website. Furthermore, if the buyer has requested that an existing
appliance be re-installed or moved (eg. boiler), SBell Boilercare accepts no
liability for any internal leaks or malfunctions of this boiler, as a direct
result of this installation.
12. 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 SBell Boilercare (parts and labour) are guaranteed for 12 months. 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.
If the warranty becomes void due to the appliance not being serviced,
then SBell Boilercare accepts no responsibility for this. We will contact our
clients to remind them to have it serviced, but the responsibility of having it
done lies with the customer.
13. The company accepts no liability for the removal of any carpets,
linoleum and special types of flooring, eg. tongue and grooved, parquet, hard
wood or tiled floors in order to carry out the installation, accept in
circumstances where the company has been negligent.
14. The company will take all reasonable care to carry out the
installation. However you accept that the installation including removing
or destroying existing fixtures or fittings may cause damage to your
decorations and fittings in your home. This provision does not exclude
the company’s responsibility for damage, which is beyond which is reasonably
commensurate with the installation.
15. All SBell Boilercare Employees are insured against loss or injury
through their negligence.
16. The company shall not have any liability for any failure to perform
its obligations under any quotation if it is prevented from doing so by any
cause reasonably beyond its control; including without limitation; adverse
weather conditions, fire, accident or war, a failure or delay attributable to
any electricity, water or gas network, the act or omission of any party for
whom the company is not responsible.
17. The company will not be liable under this agreement for any loss or damage caused by the company or its employees or agents in circumstances where;
17.1. There is no breach or illegal duty of care owed to you by the company or by any of the company’s employees or agents.
17.2. Such loss of damage is not a reasonably foreseeable result of any such breach.
17.3. Any increase in loss or damage resulting from breach by you of any
term of this contract.
18. The company does not exclude any liability for loss of or damage to
property directly resulting from the company’s breach of the agreement, but the
company’s liability for such loss or damage shall be limited to those losses
which are of a foreseeable consequence of the breach in respect of any one
incident or series of incidents whether related or unrelated in any period of
19. To complete your installation the company will use its authorised
employees or agents. All contractors are approved by the company are qualified
and Gas Safe / OFTEC registered and chosen carefully to carry out high
standards or workmanship.
20. Company charges – All charges are clearly laid on within our
quotation. In situations when a quotation has not and /or cannot be provided
(ie: Immediate or Emergency works), then our normal charges apply.
Additional charges will be applied for
the supply of any parts and materials as needed and these will be clearly laid
out on the invoice you receive.
21. Acceptance of Quotation. Acceptance of quotation can be made by
electronic email to email@example.com or by letter to SBell
Boilercare, Belan House, Arddleen, Llanymynech, Powys, SY22 6PU.
22. 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.
Where a previously accepted order is cancelled with less than 7 days notice we
reserve the right to still invoice you for any items that are priced at £700 or
23. Payment is to be made by either credit or debit card, BACS, cheque or postal order to SBell Boilercare, Belan House, Arddleen, Llanymynech, Powys, SY22 6PU.
23.1. Title in the goods will not pass to the Buyer but shall be retained pending payment in full of the price. Until such time as 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.
23.2. 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.
23.3. The Seller shall also be entitled to seek an injunction to prevent
the Buyer from selling, transferring or otherwise disposing of the goods.
24. For all projects where stage payment terms apply, payment MUST be
paid with 7 days of each stage completion. Failure to do so will
instigate legal proceedings.
25. 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
26. Once the company has corrected the minor defect as outlined in
clause 20, the withheld amount, 5% or £250 must be paid in full.
27. Where payments are not made up on the due date as per above clauses,
the company will charge daily interest on late payments at a rate of 5% above
the base lending rate of Lloyds TSB Bank plc. 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).
28. You will be sent an invoice for payment within seven days of
installation completion. Failure to make payment within specific time
periods as outlined within the quotation and/or the Terms and Conditions, will
instigate legal proceedings to commence. These will carried by a registered
Legal firm and all proceedings will be governed in accordance with English Law.
29. The company shall provide a free guarantee for the period of 12 months. This applies to workmanship only and not to parts (which typically come with a one year manufacturer’s warranty except from boilers, the warranty length for which will be made clear in the quotation stage). However, the above warranty is subject to the following conditions:
29.1. The fault is not due to your existing radiators and/or pipework, valves, pumps or boiler.
29.2. The work carried out has not been properly kept, used, serviced and maintained in strict accordance with the manufacturers or the companies instructions and has not been modified accept with the companies consent.
29.3. The fault is not due to accidental or wilful damage, fair wear and tear, interference with or maintenance work by a third party.
29.4. The customer makes no further use of works after the defect had been or ought to have been discovered.
29.5. All free guarantee work will be carried out during normal working hours.
29.6. Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.
29.7. Where attendance of the company’s engineer is needed for any
purpose other than a scheduled maintenance visit or for the company to meet its
guarantees as per above clause, a charge for such attendance will be made.
This will need to be paid on the day of the engineers visit. If on
attendance to your premises by the companies engineer it is established that
the fault on the system is covered by your free guarantee and does not concern
your existing system, any monies paid by you will be refunded.
30. 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.
31. This agreement is personal to you and not transferable to without
written authority from SBell Boilercare.
NOTICE OF RIGHT TO CANCEL
Following the Company’s acceptance of our order, in accordance with terms above and in conjunction with the “Cancellation of Contracts made in a Consumers Home or Place of Work Regulations 2008 you are entitled to a 14 day cooling off period commencing from the date of the contract. You have a right to cancel the contract within this period (not if works have commenced however) and this right can be exercised by delivering, or sending (including by electronic mail) cancellation notice to SBell Boilercare, Belan House, Arddleen, Llanymynech, Powys, SY22 6PU or by email to firstname.lastname@example.org at any time within the 14 days starting with the day of receipt to notice in writing of the right to cancel the contract. We will permit you to cancel the contract by sending the written notice no later than 14 days after the date on which acceptance of the works took place. If you request cancellation at a later date, then unless we are in breach of contract we have the right to refuse or retain all or part of you deposit.