TERMS AND CONDITIONS OF SALE – BOILER MONKEY LTD
The terms and conditions outlined in this document, together with any and all other documents referred to herein will set out the terms of Boiler Monkey Ltd’s goods and services. By signing the customer acceptance box on your quote form you will be entering a legally binding contract with Boiler Monkey Ltd (CRN: 11678949, Registered office: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ) for the supply of goods and services detailed within that order form. Goods and services are supplied by Boiler Monkey Ltd subject to the following terms and conditions, it’s important that you read the contents of this document before signing so as you understand your rights and obligations.
The term ‘customer’ shall mean the person/organisation for whom Boiler Monkey Ltd agrees to carry out works and/or supply goods.
The term ‘goods’ refers to material in which is needed to carry out the installation/works.
The term ‘engineers/operatives’ shall mean the person/s completing the installation/works at the site address.
Specification of goods and services
All goods supplied will correspond with any specification provided by Boiler Monkey Ltd and be of satisfactory quality, fit for purpose and meet any relevant British Standards. All services provided by Boiler Monkey Ltd will be performed using all reasonable skill, diligence and care. All works completed by Boiler Monkey Ltd’s engineers/operatives with regards to boiler installation will be done so in a way of accordance with the manufacturer’s instructions and guidance.
1. Provisions of service
1.1. Prices quoted are open for acceptance within 14 days from the date of quotation. If it is decided by the customer to commence works after the 14 days has lapsed, Boiler Monkey Ltd will inform the customer of any price alterations in the form of a new quotation. If a price increase has occurred as a result of the new quotation, Boiler Monkey Ltd will inform the customer as to the reasons for this. All prices quoted are subject to finalisation upon a technical on site survey. Boiler Monkey Ltd reserves the right to decline the work on the contract should its surveyor/s think fit to do so. Should this action happen, the liability of Boiler Monkey Ltd in these circumstances is limited to the refund of any deposit paid by the customer, which will be returned immediately.
1.2. If once the installation has started and it is identified by the engineer/operative that unforeseen issues are preventing further works from taking place and therefore must deviate from the original quotation, Boiler Monkey Ltd retains the right to provide and additional estimate for the further works required. If a fault/s are found with the existing system/components (example; faulty zone valve, pump, control stat etc) during the installation or commissioning stage, Boiler Monkey Ltd will provide an additional quotation and will not accept liability for the cost of replacing or repairing such parts that subsequently develop faults.
1.3. Boiler Monkey Ltd will not accept liability where the customer’s central heating system does not currently function as it should due to the water supply being inadequate or water pressure becomes invariable.
1.4. Boiler Monkey Ltd will only be bound by quotations given in writing to the customer and signed by an authorised Boiler Monkey Ltd company representative. No quotations given orally or which manifest errors will be bounded by.
1.5. Access to property and liability – Boiler Monkey Ltd will require free access to the customers property in order to carry out it’s services. Any restrictions to the areas in which Boiler Monkey Ltd needs to access may delay works. Boiler Monkey Ltd or its engineers/operatives will accept no liability for any damages caused whereby they are assisting the customer with the relocation of obstructions.
1.6. Access to services – Boiler Monkey Ltd will require as part of the installation process free access to water, gas and electricity for the purposes of the installation. The customer must ensure that all these services (where applicable) are ready and accessible for use before the installation date. Failure to do so may delay works and the commissioning process, therefore Boiler Monkey Ltd reserves the right to charge a reasonable additional amount to cover the cost of a return visit in such events.
1.7. Building licenses – Any building licenses, permits or authorisation for works must have been secured and agreed before any goods or services are undertaken (listed building consents, leasehold permissions, planning consents, neighbour agreements, mortgage providers, boundaries defined etc) by the customer. Boiler Monkey Ltd accepts no fault or liability for any of its goods and/or services provided whereby this action was not completed prior to the installation by the customer and at the customers own cost. It is the customers responsibility to ensure that there are not any works restrictions detailed on the premises in which they are agreeing for Boiler Monkey Ltd to perform work/s on/in.
1.8. Moving goods – Boiler Monkey Ltd does not recommend that any person/s other than its engineers/operatives relocate any of the goods delivered Boiler Monkey Ltd from the place in which it’s engineers has left them. Boiler Monkey Ltd accepts no responsibility for any injuries which may occur as a result of moving such goods.
1.9. Working hours – Boiler Money Ltd will usually carry out work/s at the site address during its usual working hours Monday-Friday (8am-7pm), however occasionally Boiler Monkey Ltd may need to work outside of these hours (at its own expense) in order to complete works. Boiler Monkey Ltd therefore asks that the customer agrees to grant access to the site address outside of our usual working hours to enable engineers/operatives to complete works.
Boiler Monkey Ltd will make every reasonable effort to start and complete works as agreed with the customer, but will accept no liability for any costs, losses or expense incurred by the customer because of any delays or rescheduling of works. Boiler Monkey Ltd accepts no liability in respect of late or non attendance of an operative/engineer.
1.10. Dangerous Materials – Asbestos – If you are aware of any dangerous materials present within your property that Boiler Monkey Ltd’s engineers/operatives may come in contact with, please let our surveyor know on the original site survey. Boiler Monkey Ltd will visually conduct its own checks for asbestos on the original survey, however, if once works have commenced asbestos is found, Boiler Monkey Ltd reserves the right to remove its engineers/operatives immediately until the area is deemed safe by an approved person. The cost of removing such materials are not included within the original price quoted (unless documented on your quote), however upon request Boiler Monkey Ltd will be prepared to provide a cost of removing the asbestos by a third party. If not agreed, the customer must arrange at their own expense the removal of the asbestos and Boiler Monkey Ltd will be entitled to suspend further works until this is complete.
Should the customer refuse, or fail to reach an agreement with Boiler Monkey Ltd with regards to the removal of the asbestos, Boiler Monkey Ltd will be entitled to terminate it’s contract and the customer will still be liable to pay a reasonable proportion of the overall price to reflect the goods and services in which Boiler Monkey Ltd have already provided pre termination.
1.11. Any carpets which have to be lifted will be re-laid to the best of our engineer/operatives 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 customers 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 was resulted from negligence on the part of Boiler Monkey Ltd or its engineers/operatives.
1.12. System upgrades – System upgrades (such as; open vented to pressurised system) can result in higher working pressures. This can highlight any small pre existing pin holes in pipework, loosely soldered fittings and loose/weak components and fittings which may start to leak or become more noticeable. This shall not be deemed the responsibility of Boiler Monkey Ltd or its engineers/operatives and neither will accept liability for damages which may occur as a result. Should such leaks occur on the pre existing installation, Boiler Monkey Ltd will be happy (at its discretion) to quote for repairs.
1.13. Existing gas supply – The cost of upgrading the gas supply from the meter to the new appliance being fitted by Boiler Monkey Ltd is not covered in this agreement unless otherwise stated on the quotation. If it is found that an upgraded gas supply from the meter to the new appliance is required during the installation process to ensure the safe operation of the appliance in accordance with Gas Safe Regulations and manufactures instructions, then this cost is not covered by Boiler Monkey Ltd and Boiler Monkey Ltd retains the right to provide a further quotation to complete works.
1.14. Making good – Whilst the upmost care will be taken when carrying out the new installation, the customer accepts that the installation, including the removal of existing fixtures, fittings and components may cause slight damage to the existing decoration. This does not exclude Boiler Monkey Ltd’s responsibility for damage which is reasonably in proportion with the installation. Where old system components are removed the customer is aware that the making good and redecoration costs are the responsibility of the customer and not that of Boiler Monkey Ltd or its engineers/operatives unless stated on the original quote.
1.15. External making good – Flue holes – Where an existing flue hole requires bricking up and making good, the engineer/operative will be supplied with standard bricks, blocks and mortar by Boiler Monkey Ltd. As standard Boiler Monkey Ltd supplies two differing shades of brick (light and dark) which the engineer/operative will select the most appropriate shade to use. It is unlikely that this will constitute an exact match to the existing fabric of the building and Boiler Monkey Ltd cannot guarantee an exact match unless agreed in the original quote.
1.16. Opportunity to put right – In the unlikely event that once Boiler Monkey Ltd has carried out its works, the customer is not wholly satisfied with the works supplied; the customer shall give notice in writing within 14 days of the commissioning date. The customer will afford Boiler Monkey Ltd and its insurers the opportunity of inspecting and carrying out remedial works if found appropriate. Boiler Monkey Ltd 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 (including if you fail to provide Boiler Monkey Ltd and its engineers/operatives access to your home to enable remedial work/s).
2. Payment terms
2.1. Deposit – Boiler Monkey Ltd typically require a 10% deposit from the customer before the commencement of works. Boiler Monkey Ltd reserves the right to request full payment in advance at our discretion. The remaining balance will be due immediately upon commissioning of the installation.
2.2. General payment terms – All remaining balances are due for immediate payment upon commissioning of the appliance (this relates to the boiler being in working order and signed off by the engineer/operative or Boiler Monkey Ltd) and exclude any minor works still outstanding. If any of the remaining invoice balance remains unpaid past 48 hours of the commissioning date, this will incur a fixed £100 administration fee and the remaining balance being subject to an interest rate charge of 8% above the base rate.
2.3. Ownership of Goods – All ownership of supplied goods will remain that of Boiler Monkey Ltd until the invoice balance is paid in full. Boiler Monkey Ltd shall have absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which remain in the property of them.
2.4. Snagging – Boiler Monkey Ltd commit to the customer that all work/s outlined in the agreed quote will be completed in full and as per the quote specification. In the event that after the installation has been commissioned any outstanding work/s remains, the customer agrees to retain a maximum of 5% of the total invoice value until the remaining work/s has been completed. Once outstanding works have been completed, the remaining 5% will become immediately payable.
2.5. Registering manufacturers guarantee – The manufactures parts and labour guarantee will be registered by Boiler Monkey Ltd upon full payment of any balances outstanding. If balances remain open after a 48 hour period in which the installation has been commissioned, the customer risks voiding the manufactures parts and labour warranty by which Boiler Monkey Ltd accepts no liability. If all or any part of the installation remains outstanding after the commissioning of the installation, a 95% payment of the total invoice will allow Boiler Monkey Ltd to register the warranty, avoiding the risk of a voided warranty.
3. Guarantees and warranties
3.1. Installation pipework – Boiler Monkey Ltd guarantees all new pipework, fittings and components in which it installs in direct relation to the appliance for a period of 12 months from the commissioning date. If a repair or replacement is performed by Boiler Monkey Ltd within the 12 month warranty period, that repair does not qualify for another 12 month warranty, but will resume under the initial warranty period.
3.2. As part of the installation service, Boiler Monkey Ltd guarantee to investigate any faults directly relating to the new installation reported by the customer for a period of 28 days from the commissioning date. Boiler Monkey Ltd will not accept any responsibility or liability to replace or repair faulty components unrelated to the installation in which Boiler Monkey Ltd performed. If after the 28 day period has lapsed and the customer instructs Boiler Monkey Ltd to investigate a fault and it is found Boiler Monkey ltd are not at fault, a fixed call out fee of £120 will be chargeable to the customer. Boiler Monkey Ltd accepts no liability with regards to bleeding air out of the system, system rebalancing and re pressuring the system.
3.3. Warranty detailed in section 3.1 and 3.2 voided if;
1. Any part of Boiler Monkey Ltd’s installation suffers misuse, treated negligently or is repaired, modified or tampered with by anyone else other than Boiler Monkey Ltd.
2. Boiler Monkey Ltd indicated that further works were required and agreed with customer
3. Material was supplied by the customer
4. Damage caused by something outside the control of Boiler Monkey Ltd (for example; building structural problems).
3.4. Boiler warranty – Your boiler parts and labour warranty/guarantee is with your boiler manufacturer as detailed in the quotation. This warranty solely applies to the boiler in which Boiler Monkey Ltd has installed and not to any other part of the installation, new or existing. Boiler Monkey Ltd will register the boiler with the relevant manufacturer after commissioning. Your boiler warranty is subject to manufacturer terms and conditions, information can be found on the manufactures website.
3.5. Customer warranty obligations – In order for any boiler warranty to be valid, the customer must ensure that the boiler is serviced annually (not exceeding 12 months past the commissioning date, and each year so on) by a registered Gas Safe engineer at the customers own cost. The customer should also keep a record of the service which was carried out (typically the Gas Safe Engineer will fill in the service section of your boiler manufacturer’s service book) failing to uphold such records will invalidate your warranty. The customer is solely responsible for arranging and adhering to the warranty requirements stipulated by the boiler manufacturer.
3.6. Timer & Controls warranty – The relevant manufacturer’s warranty period relevant to timers and controls installed by Boiler Monkey Ltd will be provided post installation in the customers post installation document pack.
3.7. Radiators and towel rails – Where Boiler Monkey Ltd installs a new radiator/s or towel rail as part of the installation, the relevant manufactures warranty will be given to the customer within the post installation document pack. Pipework and fittings supplied relating directly to the installation of said radiator/s or towel rails will be warranted under Boiler Monkey Ltd’s ‘Installation pipework’ warranty terms (section 3.1 to 3.3 detailed above).
3.8. Notification of warranty claim – Customers must notify Boiler Monkey Ltd of any warranty claim as soon as reasonably possible after becoming aware of a fault or issue. Please contact Boiler Monkey Ltd via email (firstname.lastname@example.org) or by telephone 0330 113 5988
4. Cancellation policy
4.1. Cooling-off period – The customer may cancel this contract during a cooling off period of up to 14 days from the day in which the quotation was signed and accepted. The customer may cancel within this time period penalty free providing that no goods or services have already been installed or provided at the customer’s request. By entering into this contract, you agree that Boiler Monkey Ltd can on your request start work before the cooling off period has lapsed and that by doing so you lose the right to cancel. If you decide to cancel this contract after Boiler Monkey Ltd has started to deliver the goods and services agreed, Boiler Monkey Ltd reserves the right to charge you for any goods and services in which it has delivered or installed. Boiler Monkey Ltd reserves the right to deduct such charges from the initial deposit taken from the customer if applicable. If the deposit funds do not cover the costs of goods and services already provided, the remaining balance will be immediately payable to Boiler Monkey Ltd. If the customer refuses to settle the outstanding balance, Boiler Monkey Ltd reserves the right to enter upon the customer’s property in order to remove any goods that Boiler Monkey Ltd have delivered or installed. Any request to cancel within your 14 day cooling off period must be done so in writing.
Acceptance of Boiler Monkey Ltd’s goods, services or quotation is automatic acceptance of the terms and conditions outlined above in this document.