DEFINITIONS

1.  For these terms and conditions, the following words shall have the following meanings:

2.  The term “Company” shall mean SMD Heating

3.  The term “Customer” shall mean the person or organization for whom the company agrees to carry out works and/or supply materials.

4.  The term “Operative/Engineer shall mean the person/s completing the installation on-site.

PROVISION OF SERVICES

1.  The price quoted is open for acceptance within 30 days if the services commence within 90 days from the date of the quotation. If the customer decides to commence work after this time, the company will let him/her know if there has been a change in the price requiring a revised quotations and the reason why. Upon signing, this will form a legally binding contract between the company and the customer. All prices quoted are subject to finalization upon technical survey.

2.  The company will provide a written quote when required/requested. The quote will include the cost of installation gas appliance and/or central heating equipment as specified in the order description checklist. If during the installation, the operative/engineer must deviate from the original quotation, the company retains the right to provide an additional estimate for further works required. If any faulty central heating and/or gas appliance components are discovered during the installations and required replacement, the customer will be provided with an additional estimate for replacement.

3.  Where the company needs to connect new equipment to the customers’ existing plumbing or heating system, it will not accept liability for the cost of repairing or replacing part to the existing system that subsequently develops faults unless caused by SMD’s negligence or breach of contract. This includes zone valves, heating pumps, programmers and thermostats unless included on the official quotation. The company may charge for visits made to the customers property by the operative/engineers if the system is faulty or has developed a fault after the installations has developed. This does not affect your rights under the Consumer Rights Act or any other consumer legislation. The company will not accept liability where the customer’s central heating system does not function properly because the water supply is inadequate or the water pressure becomes invariable.

4.  The company should only be bound by estimates given in writing to the customer and signed by a duly authorized representative from the company. The company shall not bound by any estimates given orally or in which manifest errors occur.

5.  Access to the property is required in order that the installation may be undertaken. The company’s operatives/engineers are scheduled to arrive at the property between the times of 08:00am and 09:00am, subject to traffic conditions or unless stated otherwise. The company will not be responsible for the protection or security of the property if the operative/engineer is left alone during the installation.

6.  The time estimate provided for completion of installation should be within the Consumer rights Act and is a best estimate of a reasonable finish prior to commencement of the services provision. The company will make every reasonable effort to start and complete work within the provided estimate, but cannot accept liability for any cost, losses or expenses incurred by the customer because of any delays or rescheduled appointments.

7.  Where the date and/or time for works to be carried out is agreed by the company with the customer, then the company shall use its best endeavors to ensure that the operative/engineer shall attend on the date and at the time agreed. However, the company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.

8.  The price specified in the quotation does not include the price of removing any additional dangerous waste material such as asbestos that is found when installing the customers central heating/gas appliance.

9.  The prices specified in this agreement does not include removing any dangerous waste materials such as asbestos when carrying out the installation. If during the execution of the works asbestos is encountered, the company reserves the right to withdraw is operative/engineers immediately until the site is made safe. The cost of removing asbestos is not included in the price. However, the company upon request of the customer will provide a cost for removing asbestos and will add this fee to the total price.

10.  A system upgrade can lead to the system operating under higher working pressure. This can lead to small pre-existing holes or loose pipes in the heating system to start leaking or become more noticeable. This shall not be deemed the responsibility of the operative/engineer or the company. Should such failure occur, additional work may be required at an additional cost.

11.  The company shall take all reasonable care to carry out the installation. However, the customer accepts that the installation, including the removal or dismantling of existing features or fittings may cause unavoidable damage to the decoration and/or the fixtures and fittings. This provision does not exclude the company’s responsibility for damage that is beyond which is reasonably commensurate with the installation. It is anticipated that certain areas in the customers property may need redecoration following completion of the gas appliance or central heating installation. This will the responsibility of the customer and is not included in the price.

12.  In the scenario where an existing flue hole requires filling in and making good, the operative/engineer will use the standard bricks, blocks and mortar provided by the company. The operative/engineer will carry two different shades of bricks as standard and will use the most appropriate shade. The company cannot guarantee an exact colour match for bricks and mortar unless otherwise stated in the contract.

13.  If required, any necessary consents will be in place before work commences on site. The customer will obtain all necessary consents at their own expenses, including planning consent, neighbours and mortgage providers.

14.  If, after the company shall have carried out the works, the customer is not wholly satisfied with the works then the customer shall give notice in writing as soon as reasonably possible to the company and shall afford the company, and its insurers, the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The customer accepts that if he/she fails to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out.

15.  The prices specified in this agreement do not cover the cost of an upgraded gas supply to the new appliance from the gas meter, if it has not been specified on the original order. If it is discovered that an upgrade to the gas supply is required by the operative during the installation, the company retains the right to provide a further quotation to complete these works.

16.  The customer is responsible for screening and confirming their official quotation from the company. The official quotation is that with the listed contract number. No other documentation such as the brochure or email correspondence will be taken into consideration.

PAYMENT

1.  1. A deposit of to 10% may be required prior to commencement of services.

2.  2. There is a 14-day cooling off period starting from the date of signed acceptance of the quotation during which the Customer has the right to cancel the order without penalty. After this time, an amount of the deposit will be retained by the Company for all unrecoverable costs incurred as a direct result of the cancellation

3.  3. All balances are due for immediate payment upon commissioning of the gas appliance. Any part of the invoice which remains unpaid shall carry an admin fee of £100.00 and interest at the rate of 3% above the base rate of the amount that remains outstanding.

4.  4. In the rare event that the Company must organise for an operative engineer to re attend to complete outstanding snagging issues, the customer may not use this as a reason to withhold an unreasonable amount of the total payment due.

5. The manufacturer’s parts and labour warranty are registered by the Company on full payment of the balances by the Customer. If the Customer does not finalize balances within 72 hours of completion, they risk voiding the manufacturer’s parts and labour warranty of which the Company accepts and liability. If all or any part of the installation remains incomplete after the commissioning of the appliance, a 98% payment of the outstanding balance will allow the Company to register the appliance warranty and avoid any risk of the appliance warranty being voided

5.  6. The Company will commit to the Customer that all quoted works wit be completed I full, However, if all or any part of the installation remains incomplete after the full commissioning of the appliance, the Customer and SMD will agree a cost to retain (relevant to the incomplete works) until completion.

GUARANTEE AND WARRANTIES

1. The Company guarantees workmanship in direct relation to the appliance or any other items that were installed during the works completed by The Company for 5 Years from the commissioning date, The guarantee is not Insurance Backed Guaranteed, unless stated otherwise on the quotation. This does not affect your rights under the Consumer Rights Act or any other consumer legislation. The warranty does not cover acts of vandalism, third party negligence, acts of God or willful damage. This also does not include Servicing, maintenance or repair work which is guaranteed for 28 days.

2. The Company will provide a 28-day guarantee after commissioning of the new appliance to investigate all faults relating to the central heating and hot water. The company will not accept any liability to replace or repair faulty components_ unrelated to the installation. If the Company are instructed to investigate a fault by the Customer after the 28-day period, a £120.00 + VAT call out fee Company will not accept ability OF 9″ System Rebalance, System Re-Pressurization or System Air il be applicable if the Engineer establishes that the Company are not responsible for the Fault the Bleeding.

3. The company cannot guarantee. any services, parts and equipment supplied to the customer if:

a.  They suffer or misuse, treated negligently or if the company’s work is repaired, modified, or tampered with by someone else

b. The material used is supplied by the Customer.

c. The Company indicates that further works need to be carried out.

d. 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 The Company will not be able for the Cost of resolving existing circulation issues.

SERVICE PLAN

1. The duration of the service plan will be set out in your initial order form paperwork and will also be confirmed on completion of the installation.

2. Trade Mastermind Service Plan – One of the Company’s operative/engineers will visit the Customers property annually to check and service the boiler as per the manufacture’s instruction. The operative/engineer will check that the boiler is working safely and in line with the relevant laws and regulations, this will also include a visual inspection of any other gas appliances located within, the property. The duration of this service plan will be set out in the initial order form paperwork and will also be verbally confirmed on completion of the installation. if, when the annual service is taken place fault is found to a component within the boiler, the operative/engineer will contact the manufactures If the fault is deemed to be present in the centra heating system itself or other gas appliances the operative/engineer will advise the Customer of the issue and provide a quote for said fault. When the annual service is due the Company shall send an email reminder, to the ’email address provided by the Customer (please note that if the Customer’s email address changes they will be responsible to advise the Company) If the Company has no response, they will not make another attempt, but the Customer can contact the Company at any time to arrange the annual service. The Company accept: no liability if the annual service isn’t carried out within 12 months of the previous annual service and thus no responsibility if the manufactures warranty becomes void due to no annual service being carried out. If the Service Plan is part of a finance package with Hitachi Consumer Finance, the service plan must be paid separately directly to Trade Mastermind on completion of the installation, The Customer’ service Plan is a direct contract with Trade Mastermind Hitachi Consumer Finance hold no association or liability in any circumstance relating to the service plan,

CANCELLATION POLICY

1. There is a 14-day cooling off period starting from the date of signed acceptance of the quotation during which the Customer has the right to cancel the order without penalty. If unforeseen circumstances should occur The Company will work with The Customer to arrange a more suitable outcome. If works cannot be brought forward to original date. The Company can retain an amount of the deposit that reflects the loss to the business.

2. If the customer cancels within the 14-day cooling off period. it will be requested in writing to the Company. The Company will process any refund of a deposit that is due to the customer within a 14-day period of receipt of the formal cancellation.

3. The cooling off period will not be applicable if works have already commenced before the 14-day cooling off period ends dependent on the situation and the vulnerability of The Customer. If cancelled once work has started The Company is able to charge for works completed.

TERMS OF USE

1.  1. These terms and conditions and all contracts awarded between the Company and the Customer shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.

2.  2. Acceptance of our goods. services or quotation is automatic acceptance of these terms and conditions.