SIMPLY ECO LTD
STANDARD TERMS AND CONDITIONS OF BUSINESS
By agreeing to have Simply Eco Ltd undertake any installation or servicing works for you, you acknowledge and understand that you will be entering into a legally binding contract with Simply Eco Ltd, Company number: 08874417 (or one of our Approved Subcontractors) whose registered office address is Unit 4, Great Barr Business Park, Baltimore Road, Great Barr, West Midlands, B42 1DY and trade as Simply Eco for the supply and installation of goods and services for the purposes of home energy efficiency improvement measures including boiler replacements, annual servicing and insulation services.
Goods and Services are supplied by Simply Eco subject to the following terms and conditions and it is important that you read these before signing so that you understand your rights and obligations.
Simply Eco Ltd is a Green Deal Approved Installer, Registration ref: STRI10331 and a Gas Safe Registered business, Registration ref: 559878.
CONFIRMATION OF GOODS AND SERVICES/PRICE AND PAYMENT
Confirmation of Goods, Services and Price: It is usually necessary for Simply Eco to carry out a residential site survey at your home in order to confirm that it is possible to supply and install the Goods and Services at your home. If as a result of that survey: (a) it becomes apparent that it would be unsafe or otherwise unadvisable to supply the Goods and Services at your home then Simply Eco may cancel this contract without liability but if it does so, Simply Eco will refund to you any deposit or other amount paid by you in advance; or (b) Simply Eco needs to make any variation to the Goods and Services or the price payable by you then those changes will be subject to your written agreement and if you do not wish to accept the changes proposed by Simply Eco then you may cancel this contract and if you do so, Simply Eco will refund to you any deposit or other amount paid by you in advance. When the supply of Goods and Services is covered by our Fixed Price Quote policy, it may still be necessary for Simply Eco to make a variation to your order. If the price payable by you changes due to scaffolding costs over £425 or asbestos costs for the removal of the boiler and/or flue and/or asbestos insulation board (AIB) are required then these changes will be subject to your written agreement and if you do not wish to accept the changes proposed by Simply Eco then you may cancel this contract and if you do so, Simply Eco will refund to you any deposit or other amount paid by you in advance.
Specification of Goods and Services: All Goods supplied will correspond with any specification provided by Simply Eco and be of satisfactory quality and fit for purpose. All Installations and Services will be performed by Simply Eco using all reasonable skill, care and diligence. Simply Eco may after the date of this contract make reasonable changes to the specification of any Goods or Services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Goods or Services in question or otherwise place you at any disadvantage.
Deposit: Simply Eco will not deliver any Goods or perform any Services until you have paid the full costs for private works or any due contributions for partially Government Funded measures. You must pay any such funds to Simply Eco at the point of handover and completion of the installation measure, payments can be made in cash to the installation operative or can be arranged via your Bank as a BACS payment, and alternatively, card payment facilities are available as required too.
Payment: The balance of the price will become payable by you immediately upon Simply Eco having delivered and installed the Goods and/or completed the Services in accordance with this contract and you must not unreasonably withhold or delay providing confirmation that the Goods and Services have been delivered and performed to your reasonable satisfaction.
Credit Agreements: If you have entered into a credit agreement with a finance provider Simply Eco has introduced you to, you will need to enter into a separate agreement with that provider (and the funds will be paid direct to Simply Eco Ltd). If you later decide to withdraw from that credit agreement under the Consumer Credit Act 1974, you will still be responsible for paying (and must pay in accordance with the terms of this contract) the outstanding balance of the price payable by you to Simply Eco under this contract.
Ownership of Goods: All Goods supplied remain the property of Simply Eco until paid for by you in full although this retention of ownership will not affect any claim which Simply Eco may have against you for the payment of any overdue amount.
If your existing boiler is replaced under the ECO Scheme and is partially funded using Government Approved funding streams, Simply Eco Ltd reserve the right to remove your old appliance, associated redundant pipe-work and old tanks as part of our scrappage scheme. This is for fraud prevention measures and prevents the old appliance from being re-installed at another property where it subsequently leaves scope for another grant to be claimed again due to an old or inefficient boiler system. As part of the scrappage scheme, Simply Eco retain the right to dispose of said materials in any manner deemed fit providing this meets approved environmental standards and any items disposed of will be carried under an Upper Tier Waste Carrier License, License no: CBDU68943.
Late Payments: If you fail to pay any amount owed to Simply Eco under this contract on-time then Simply Eco may suspend without liability further deliveries of any Goods and/or performance of any Services (including warranty repairs) until you have paid all overdue amounts. In addition, Simply Eco may claim interest on any late payment calculated on a daily basis at 2% above the base lending rate from time to time in force.
VAT: Simply Eco shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT.
UTILITY SUPPLIES AND GAS SAFETY
Utility Supplies You are responsible for ensuring at your own cost that your home has a safe electricity and adequate natural gas supply connection and associated meters prior to Simply Eco commencing work (excluding gas in the case of oil fired boilers where you are instead responsible for ensuring a connection to a suitable oil tank). Unless specifically provided for, arranging such supply connections and meters do not form part of the Services which Simply Eco is to perform.
Gas Safety: As part of its legal duty as a Gas Safe registered business, Simply Eco is only able to connect appliances such as your new boiler to gas supplies which are safe. On the day of installing your new boiler Simply Eco will carry out a gas soundness test to confirm whether your gas supply is safe. Should any leak or other defect with your gas supply be identified as a result of that test then Simply Eco will be required to condemn your gas supply and will not be able to commence work until your gas supply is made safe. Any such work required to make your gas supply safe is not included in the price of this contract although can be undertaken by Simply Eco subject to the payment of an additional amount by you which will be agreed with you in advance. Alternatively, you can arrange for another Gas Safe registered engineer to carry out such works at your cost if you do not want Simply Eco to carry out that work but Simply Eco will not be able to continue with the installation of your new boiler until that work is completed. If you delay or decide not to proceed with the work required to make your gas supply safe then Simply Eco may cancel this contract without liability but if it does so, Simply Eco will refund to you any deposit or other amount paid by you in advance.
Delivery Dates Any dates for delivery/performance of the Goods and Services are estimates and whilst Simply Eco will always try to meet those dates it will not be liable for any minor delays or failures. In particular, Simply Eco will not be liable for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or a general market shortage of particular goods or parts, particularly in the case of spare parts for older/obsolete boilers).
Termination due to Delay: You have the right to terminate this contract without reason and at no cost at any-time before actual delivery of the Goods to your home and during a limited period following delivery – the cancellation terms are listed in point 9.2 and sets out full details of these rights and how you can exercise them. In addition, if Simply Eco Ltd fail to deliver the Goods and complete the Services by any dates agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under this contract (such as you failing to allow Simply Eco access to your home) and/or due to circumstances beyond SIMPLY ECO’S reasonable control, you may request in writing that Simply Eco Ltd complete all deliveries and Services within a further reasonable time-period. If Simply Eco then fail to complete all deliveries and Services within the reasonable time-period specified by you, you will then have the option to terminate this contract due to SIMPLY ECO’S breach.
ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE
Access to your Home: You must provide Simply Eco with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide Simply Eco with free access to water, electricity and gas for such purposes. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable Simply Eco to deliver the Goods and carry out the Services at your home (such as any listing building consents, if applicable).
Damage to Goods: Once any Goods have been delivered to your home you will become liable for any loss or damage to those Goods unless such loss or damage was caused by Simply Eco itself or as a result of you carrying out a reasonable and careful inspection of those Goods to confirm that they comply with the requirements of this contract.
Working Hours: Simply Eco will usually carry out work at your home during its usual working hours on Mondays to Fridays however, occasionally Simply Eco may decide at its own expense to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay and you agree to grant access to your home outside of these days/hours if requested by Simply Eco. If you request that Simply Eco carry out work outside of these days/hours other than in order to allow Simply Eco to remedy any breach of this contract (for example, if you ask Simply Eco to fit your new boiler on a Saturday as that is the most convenient day for you) then SIMPLY ECO’S agreement to do so will be subject to you first agreeing to pay SIMPLY ECO’S charges for working outside of these days/hours which charges will be advised to you in advance.
Suspension of Work: If Simply Eco suspend or delay the delivery of any Goods and/or the performance of any Services at your request or as a direct result of any breach by you of your obligations under this contract (for example, if you have failed to arrange a gas and electricity supply to your home before Simply Eco commence work) then in addition to the original price payable by you, Simply Eco reserves the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Simply Eco as a direct result of its suspension or delay in those circumstances.
Damage to your Home: Whilst Simply Eco accepts liability for any reasonably foreseeable damage caused to your home as a direct result of its breach of this contract, you accept that some level of minor/cosmetic damage may be caused in order to perform the Services (such as damage to plasterwork, paintwork, decorations, flooring, wall coverings etc.) and that Simply Eco will not be responsible to you for making good such damage. In particular, in no circumstances will Simply Eco be liable to bury any pipework into floors or walls and cuts or holes made by Simply Eco will be made good but not permanently finished or redecorated; floorboards will be reinstated or replaced where necessary but special or laminated floors cannot be matched or finished; and any carpets which have been lifted will be re-laid by Simply Eco to the best of its ability but Simply Eco will not be responsible for damage caused to carpets which are glued or nailed down. Unless specifically set out on the Order Form, Simply Eco will not be responsible for boxing in any new or existing pipe-work. Where Simply Eco is responsible for making good any such loss or damage, Simply Eco cannot guarantee to match any bricks, stonework etc. on a like for like basis.
Liability for Structural Defects: Simply Eco will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your home unless: (a) that damage is caused as a direct result of a breach by Simply Eco of this contract; and/or (b) the existence of the defect or weakness in question should have been reasonably apparent to Simply Eco upon a reasonable visual inspection of the area in which the Services are to be performed prior to Simply Eco commencing work (although for the avoidance of doubt, Simply Eco will not be obliged to carry out a detailed structural survey of the entire of your home nor any inspection of any parts not immediately visible to the naked eye (for example, any pipes buried under floorboards)).
Removal of Non-Dangerous Materials: As part of the Services Simply Eco will remove any non-dangerous waste items from your home (such as your old boiler) which will become the property of Simply Eco upon removal. However, the Service does not include the removal by Simply Eco of any dangerous materials from your home (such as asbestos) that it would not be reasonably possible for Simply Eco to have identified when carrying out a reasonable visual inspection of the area of your home where the Services are to be performed prior to you signing the Order Form.
Removal of Dangerous Materials: If any such dangerous materials are subsequently found at your home then Simply Eco may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and Simply Eco will be entitled to suspend further works until you have done so and provided it with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor.
Delay in Removing Dangerous Materials: If there is any significant delay in you arranging for the removal of any such dangerous materials from your home or should you refuse to arrange for removal of those dangerous materials then Simply Eco will be entitled to terminate this contract and should it do so, you must pay to Simply Eco a reasonable proportion of the overall price to reflect the Goods and Services which Simply Eco have already provided prior to termination.
SIMPLY ECO’S RESPONSIBILITIES TO YOU
SIMPLY ECO’S Responsibility for Death or Personal Injury: Simply Eco accepts full responsibility for any death or personal injury which may be caused: as a result of its negligence; by any breach of its obligations under this contract; and/or as a result of any other act or omission on the part of Simply Eco and none of the limitations on the liability of Simply Eco set out in this contract will apply to claims for death or personal injury for which Simply Eco is responsible.
SIMPLY ECO’S other Responsibilities to You: If Simply Eco breaches any of its obligations owed to you, then Simply Eco accepts responsibility for any loss or damage which you may suffer as a direct result of its breach and which was reasonably foreseeable on the date of agreement. Simply Eco does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) or which was not reasonably foreseeable.. Further, Simply Eco does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract (for example, if you fail to provide Simply Eco with access to your home to enable it to perform the Services) and/or due to circumstances beyond its reasonable control.
Allowing Simply Eco the Opportunity to Put Things Right: If you suffer any loss or damage for which Simply Eco is responsible then you must afford Simply Eco a reasonable opportunity to remedy the problem (for example, by allowing Simply Eco access to your home to repair any damage for which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of Simply Eco’s breach of this contract. Simply Eco will not be responsible for any loss or damage which you fail to afford it a reasonable opportunity to put right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
VARIATIONS TO THESE TERMS AND CONDITIONS AND ASSIGNMENT
Variations to these Terms and Conditions: Other than in the limited circumstances detailed in these terms and conditions where Simply Eco may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Simply Eco.
Assignment: Simply Eco may assign or sub-contract some or all of its rights and obligations under this contract from time to time but any such assignment will only be in circumstances which do not prejudice your rights under this contract.
Gas Boiler Warranty: All gas boilers supplied by Simply Eco are provided with the benefit of a manufacturer backed parts and labour warranty (excluding timers and controls – see 8.3 below). This means that subject to the following terms and conditions, should a fault develop with your boiler during the warranty period following its installation, the manufacturer of your boiler will repair that fault free of charge.
Installation Warranty: All parts installed by Simply Eco are covered by a 12month Simply Eco backed installation warranty.
Timers and Controls: The manufacturer’s warranty period relevant to your timers and controls will be provided post installation.
Radiators and Towel Rails: Where any radiators or towel rails are supplied the relevant manufacturer’s warranty will be provided post installation.
Notification of Warranty Claims: You must notify Simply Eco of any warranty claim as soon as reasonably possible after becoming aware of the fault or issue in question, using the contact details set out in the warranty pack provided to you by Simply Eco’s Installation Operative.
Warranty Conditional upon Annual Service at Your Cost: In order to benefit from the above boiler warranty, you must arrange for your boiler to undergo an annual safety inspection and service for each year of the applicable warranty period. The cost of this annual inspection and service is not included in the price of this contract and must be paid for by you in addition. Simply Eco can carry out annual inspections and services for you for an additional charge or you can arrange for another supplier (who must be Gas Safe registered) to carry these out for you instead.
Your Obligation to retain Gas Inspection Records: If you do arrange for another supplier to carry out these inspections and services then you must ensure that your supplier is Gas Safe registered and obtain from that supplier and keep in a safe place documentation to evidence that each annual inspection and service has been carried out. You must produce this documentation if requested to do so by Simply Eco or the manufacturer of your boiler.
Operation of your Boiler: In order to benefit from the above warranty you must also ensure that you operate your boiler at all times in accordance with the manufacturer’s instructions. Where your boiler is a combination boiler you should be aware that if more than one tap or outlet is used simultaneously water flow rates will be reduced – this is a characteristic of all combination boilers and is not a fault.
Exclusions from Warranty Claims: Neither Simply Eco nor the manufacturer of your boiler, its timer and controls and/or radiators/towel rails (if applicable) will be liable to you, whether under this contract or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault of problem arises as a result of: (a) any failure by you to comply with your obligations set out above regarding the operation, inspection and servicing of your boiler (or should you be unable to produce evidence that your boiler has undergone an annual service and inspection) and/or you failing to notify Simply Eco of any warranty claim as soon as reasonably possible; (b) any deliberate damage or vandalism; (c) damage caused by circumstances outside of the control of Simply Eco (for example, due to structural problems at your home); (d) any damage caused by any third party carrying out work on your boiler and/or radiators/towel rails (if applicable) other than where such third party was acting at the request of or on the behalf of Simply Eco and/or the manufacturer of your boiler and/or radiators/towel rails (if applicable); and/or (e) any variation in the water flow rate to your home (as such rates can fluctuate dependent on the time of day and the age and condition of the water supply to your home). Further, the replacement of any lamps or bulbs fitted to your boiler are also excused from this warranty as is any replacement or repair of timers and controls after the expiry of the warranty period for those as detailed in paragraph 8.3.
Exclusion of Your Existing System: The above warranty applies only to your new boiler, its timer and controls and/or radiators/towel rails (if applicable) and does not extend to cover your existing wider central heating and plumbing system (any components not supplied by Simply Eco such as existing radiators, pipe-work, showers, taps etc.) or the drains at your home. Whilst Simply Eco will endeavour to advise you of any potential problems or issues with your existing system which are obvious on a visual inspection of the easily accessible parts of that system prior to commencing work, Simply Eco will not be obliged to carry out a detailed inspection of all parts of that system (for example, of any pipes buried under floorboards) and all installations are carried out by Simply Eco on the assumption that your existing system is and will be maintained by you in a satisfactory condition. Unless directly caused by a breach by Simply Eco of this contract, Simply Eco will not be responsible for repairing any faults or issues which may develop in future with your existing system and/or drains and/or for any loss or damage which may be caused by your existing system and/or drains.
Shower Connections: In particular, you should be aware that due to the wide variety of showers installed in UK homes, it is not possible to guarantee that your new boiler will be compatible with your existing shower and whilst Simply Eco will endeavour to assess whether this is a risk prior to installing your new boiler, Simply Eco will not be liable to you if your existing shower is not compatible with your new boiler.
TERMINATION OF THIS CONTRACT
Unless terminated earlier in accordance with its provisions, this contract will automatically terminate on the last day of the applicable warranty period. Any termination of this contract will not affect any claim, cause of action or liability which may have arisen before the date of termination.
You can cancel this contract during a “cooling-off period” of up to 14 days after we have delivered to you or supplied the relevant Goods, provided that such Goods have not already been installed at your request. By entering into this contract, you agree that we can on your request start work before your cooling-off period ends in which case you may lose the right to cancel. If you decide to cancel this contract after we have started the delivery of Goods and Services to you we reserve the right to charge you for any Goods or Services delivered. In the case of Goods that have not been installed at your request subject to the following provisions you may return the Goods to us without charge. In the event that the Goods have already been installed or you refuse to return the Goods for whatever reason we reserve the right: to deduct any such costs from the deposit we hold from you and in the event that the amount of the deposit is insufficient to cover these costs we shall invoice you for the difference; and/or we reserve the right to enter upon your property in order to remove any Goods that we have delivered; or in the event that you have already paid for the cost of the Goods or Services in full, we reserve the right to refuse repayment in whole or in part. In the event that we recover any Goods from you and the value of those Goods have diminished for whatever reason, we reserve the right to charge you for the difference.
Simply Eco Limited
Unit 4, Great Barr Business Park, Baltimore Road, Great Barr, West Midlands, B42 1DY
W: www.simplyecoltd.co.uk T: 0121 667 9772 Gas Safe Registration Ref: 559878