RBHM LIMITED - General Terms And Conditions For All Our Range Of Services Except ProtectionPlus+
‘You’ or ‘Your’ refers to the customer, the person, the firm or company whose name and address is shown on the quotation.
‘We’ or ‘Us’ or ‘Our’ refers to RBHM Limited, Longacres Garden Centre – London Rd, Bagshot, GU19 5JB.
‘Agreement’ means the general terms and conditions of the contract and the quotation.
‘Agreed contract price’ means the price contained in the quotation once accepted by you.
‘Agreement date’ means the date you received this agreement.
‘Property’ means the property where the works are to be undertaken.
‘Works’ means the works to be carried out by us as detailed in this agreement and quotation.
‘Quotation date’ the date you received the quotation.
‘Thermal device’ means the goods that provide heating and/or hot water to a property.
‘Force majeure event’ means any event beyond our reasonable contract preventing us from performing the works, for example extreme weather conditions or an act of terrorism or war.
2.1. Please ensure that you read this agreement carefully and check that the details on the quotation are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing.
2.2. We reserve the right to amend or withdraw the quotation and/or this agreement at any time prior to it being accepted by you.
2.3. We may carry out credit and fraud prevention checks with licensed credit reference and fraud prevention agencies and they will retain a copy of the search to make credit and insurance decisions.
2.4.This agreement is subject to us being satisfied as to your credit status and if you fail to meet the credit status requirement, we reserve the right to terminate the agreement at any time.
3. THE WORKS
3.1 It is your responsibility to ensure there is adequate vehicle parking for us within a reasonable distance to the entrance of the property. Any charges for parking are to be paid by you. If a parking permit is required, it is your responsibility to organise the permit or notify us of the restriction before works are due to commence.
3.2. Prior to any attendance by us, it is your responsibility to obtain all such permissions, licenses and consents that may be required to authorise the work. Example of such permissions include a listed building consent or landlord consent.
3.3. Where we carry out unauthorised works where you have failed to obtain permission or provided false information, you will compensate us for any losses suffered.
3.4. If the works are suspended due to a lack of relevant consents, you will be responsible for the works undertaken and materials supplied at the date of suspension on a reasonable value of service basis.
3.5. Unless stated in writing, we will be entitled to carry out the works in stages:
(a) during normal working hours (8am to 5pm) Monday to Friday;
(b) under normal conditions, and if through no fault of ours conditions are not normal, you will pay any additional costs incurred by us;
(c) with opportunity for continuous work, and if through no fault of ours this opportunity is at any time denied, you will pay any additional costs incurred by us.
3.6. We will make every reasonable effort to complete the work on time, however we (or our subcontractors or agents) cannot incur any liability for delays that occur due to your actions or a force majeure event.
3.7. Any times or dates given by us for carrying out the works are given in good faith but are approximate only.
3.8. You will provide adequate facilities for the economical execution of the agreement, including access to the property.
3.9. We may provide you with an alternative heating source during the works. You remain liable for all charges and costs associated with such source during the works.
3.10. If we cannot undertake works on the scheduled day, compensation will not be provided if, for example, you have taken leave off work.
3.11. There may be occasions where we are unable to complete the works successfully and/or are unable to work on your thermal device which may include but is not limited to:
(a) if parts are unavailable;
(b) if your thermal device is not on our approved list;
(c) if we deem it unsafe to work on your thermal device.
On these occasions, our representative will discuss other options which may include a refund of the agreed contract price.
4. WHAT IS NOT COVERED
4.1. All structural reinforcement required to support the proposed work are not included unless specified in the quotation. 4.2. Fitted carpets and other floor coverings can be removed and re-laid at the customer’s specific request, but this may be subject to additional charge. Whilst every care will be taken, we cannot guarantee to relay floor coverings as originally fitted. 4.3. It will not always be possible to ascertain the compliance and suitability of any existing electrical installation during the property survey. Once the works commence, if any existing electrical issues are found with the installation, we will seek to provide a chargeable solution. if this is not possible or you decline the additional work required, the boiler will not be energised and commissioned, but you are still liable for the full cost of the boiler and installation as detailed in the quotation. We will return free of charge to commission the boiler if you use a third party to rectify the electrical issues.
4.4. Please be aware that if we identify that your property does not have a sufficient mains earth, the customer will be asked to provide their own specialist, which is not included in the quotation.
4.5. If the installation of main bonding is declined, main earth issues cannot be rectified, or the existing wiring to the property is non-compliant, it may not be possible for us to energise our installation until these issues have been rectified. We will generally ask the customer to provide their own approved electrical contractor to rectify any non-compliances or voltage problems with the existing wiring.
4.6. Unless otherwise specified, the price detailed in the quotation does not include the removal of any dangerous materials such as asbestos. Once the agreed works commence, if a dangerous material is discovered during the installation, a specialist contractor will be required to carry out these works. Any arrangements made are wholly separate to the agreed works between ourselves and you. It is understood that the cost of this service is to paid by yourself, with no liability to RBHM Ltd. Once done we will ask you to provide a certificate (‘Clean Air Certificate’) to confirm the safe removal of the substance.
4.7. If applicable, the existing heating circuit will be re-used providing it is confirmed to be a suitable two-pipe flow and return system. If it is a one-pipe system, we will provide you with a separate quotation to re-pipe the circuit to ensure the new boiler is able to work at maximum efficiency. We cannot confirm the existing pipe system until the floorboards are lifted. The re-pipe of your existing pipe system does not form any part of the quotation.
4.8. Once the new gas appliance is installed, we may find the existing gas supply to the boiler to be unsuitable. In this case, we will provide a separate quotation for a new gas supply which meets the current manufacturer and Gas Safe regulations. Regardless of this outcome, the outstanding balance must be paid to ourselves, payment clause 5.3 applies in all scenarios.
4.9. We have also assumed that the existing pipework (not visible for inspection) will be of correct sizing and unaffected by blockages, incorrect falls or leaks. We have also assumed that the existing pipework is not affected by a build-up of sludge or scale. All gas boiler installations come inclusive a system chemical flush (designed to remove light sediment from the heating system). Please note, in cases of extreme sludge, we may need to carry out a ‘Powerflush,’ the cost of which is not included in the quotation unless specified.
4.10. Chemical flushes do not extend to underfloor central heating systems. Underfloor heating circuits will be isolated prior to installation of a new boiler and will remain unaffected during the installation process.
4.11. If we are sealing your central heating system, the feed and expansion cistern will be removed and the water pressure within the system raised above “atmospheric”. Occasionally the higher working pressures associated with this type of installation may result in already weakened fittings leaking. The work necessary to repair leaks or to replace radiators and the like are excluded from the quotation.
4.12. We recommend that if your current system contains microbore pipework, you consider re-piping it using copper tube. The price for this work is available on request and is not included in the quotation. If you do not wish to have this work carried out, we cannot guarantee optimal performance of your new boiler and system.
4.13. The quotation does not include the final painting of pipework or any redecoration, nor for the alteration of linen cupboard shelves, renewal, or repair of floorboards through which old pipes were run. No allowance has been made for chasing or boxing in wiring or pipework. The customer should have some expectation of redecoration following the installation and this is not included in our quotation.
4.14. Unless stated otherwise, the quotation does not include the use of scaffolding when safe access is not available from a ladder.
4.15. We have assumed that your property is in a good state of repair and contains no structural defects or weaknesses. We will not be responsible for any damage caused to your property because of any existing defects.
4.16. This quotation assumes the gas supply and associated gas appliances to and in the property are classified as domestic. If work at the specified property are classified at a commercial level (total KW output of gas appliances equal to or greater than 70KW, a commercial gas meter is at the property or is required, or if the volume of gas in the meter and pipework exceeds 0.035m3) additional charges will be payable by you.
4.17. Regarding your new boiler Chimney/Flue System, it is not always possible to accurately estimate the length of these flued systems particularly on long runs which may have been concealed either by access or through the inability of the surveyor to visually see. Although we will do our best to accurately estimate the total components needed, it is not always possible. All extra flue lengths needed for the installation will be chargeable to the customer.
4.18. Once your quotation is accepted by yourself, it is assumed all external controls and pumps and other electrical/mechanical controls are in full working order.
Once your new boiler is installed, the system will be tested to ascertain the boilers existing controls related to the full central and hot water system are in full working order. If found to be faulty, unless otherwise stated, this quotation does not include the replacement of any pumps, zone or mid position valves, or any other mechanical or electrical mechanical controls. Whilst on site and during the normal operating hours, all faulty items can be replaced by the attending engineer at a discounted labour charged, plus the component cost added. If your existing pump or controls external to the new boiler installation develop faults after the engineer leaves your property which are unrelated to the new installation, we can return to replace incurring our normal labour charges.
4.19. Our installers will brick up/seal external flue holes created either by removal of the old flue and/or installation of the new flue. They are not skilled bricklayers and although we will always do our best, you may wish to consider employing a skilled professional if we do not meet your expectations. We have not allowed for any additional remedial works in this regard unless specified in the quotation. Although we will do our best to provide materials which will match your existing building appearance, we cannot always match this and would suggest that the customer provide the bricks needed on the day of the installation. Any return visit to install bricks which were not on site during the date of installation would be chargeable to the customer. 4.20. Pressurised domestic hot and cold water systems, including combination boilers. The visiting engineer/surveyor will measure the incoming cold water main pressure and flow and decide if the existing supply is adequate for the proposed appliance.
4.21. Testing is usually conducted at one or two outlet points closest to the existing incoming water main and excludes the potential high-pressure faults and by-pass leaks that can sometimes arise through bath/basin taps and shower outlet points.
4.22. The term adequate is understood to be what the manufacturer would demand as a minimum requirement related to water pressure and flow.
4.23. Seasonal variances can occur, particularly with combination boilers in which the new appliance flow performance can be affected.
4.24. If you have specific expectations for high pressure delivery at each of your hot and cold water outlet points, you must make this clear to either the visiting engineer or our office before any quote/estimates are agreed too. Once you clicked the terms and condition acceptance, it is understood by all parties the relative facts relating to the limitations of pressurised systems are accepted.
4.25. Any upgrade works to boost the water pressure and flow are chargeable, new quote/estimates can be provided upon request.
4.26. When installing a new thermal device into your property, there is a possibility that pre-existing faulty or unsatisfactory pipework may fail and result in a water leak. We will not be liable for any damage or loss caused by such a leak nor will we be responsible for repairing the pipework itself.
4.27. It may be necessary to connect new equipment, fixtures and fittings to the existing electrical, central heating or hot water system which may include access through internal or external walls and finishings. Where we are required to replace any existing pipe work or electrical cables, this work will be chargeable. We will not be liable for repairing or replacing any parts of the existing system that develop a fault as a result of the new equipment unless it is proved to have been caused by our negligence. We will make good any unnecessary damage caused by our negligence.
4.28. If it is necessary to remove or alter fixed furniture (e.g. kitchen units) or flooring, you should arrange for a specialist contractor to carry out such works. We will endeavour to give notice if such works are required. If you instruct us to carry out such works, we will not be held liable for any resulting damage to the furniture or flooring or surrounding area, reinstatement or making good, unless due to our negligence. Certain areas may need redecoration, repair, restoring or re-fixing once the works have been completed; this is not included in the agreed contract price.
4.29. As water supply rates can vary, we cannot be responsible for your central heating system failing to function properly because your water supply becomes inadequate or variable.
4.30. Condensate pipes in unheated or external areas can freeze in extreme weather. We will not be liable for any costs you incur should this happen.
5.1. A 50% deposit of the quoted works will be taken from yourself before any works commence, via our credit card facility. We shall use the account details provided for 50% deposit to automatically charge the same account the outstanding 50% balance upon commissioning of the gas appliance. Should you wish an alternative account to be charged the 50% balance this should be agreed in advance. All balances are due for immediate payment upon the commissioning of the gas appliance. This relates to the boiler itself and excludes any minor works still outstanding.
5.1.1. If the appliance is ready for commissioning, but we are unable to commission the appliance due to external faulty components, lack of an electrical, or interruption from fuels such as Natural Gas, LPG or Oil, the outstanding balance will still be due. Once those external faulty components have either been replaced or repaired, we shall return free of charge to commission the appliance.
5.1.2. If your card details supplied to us for the 50% deposit do not have sufficient funds to pay the remainder of the balance upon commissioning the appliance, clause 5.3 will immediately apply.
5.2. You must pay VAT and any other taxes or duties at the applicable rate on the Agreed Contract Price.
5.3. If payment of any invoice is not made immediately, this shall carry an admin fee of £150.00. Interest shall be payable on the amount of any unpaid invoice at the rate of 8% per annum above National Westminster Bank PLC’s base rate of interest on all amounts outstanding.
5.4. In the event of the agreed contract price not being paid in full within the time mentioned above, we shall have the right to stop all works forthwith and may at our discretion be entitled to treat this agreement as having been repudiated by you. For any breach of contract, you will be charged the loss incurred for work done and/or material damages resulting from this breach.
5.5. There will be an additional charge for any variations/additions to the works we find necessary which were not reasonably identifiable when providing the quotation or during the survey. If you agree to the changes, we will assign this to the original quotation estimate agreement.
5.6. In the rare event that the company must re-attend to resolve snagging issues, the customer may not use this as reason to withhold payment. Clause 5.3 applies in all scenarios.
5.7. If the company is performing work at a property on behalf of a landlord, the tenant must be bound by the terms of the contract, and if for any reason the landlord refuses or cannot pay, the tenant will be liable to pay and reclaim all costs back from the landlord.
5. USE OF PERSONAL INFORMATION
5.1. This section explains how we use the information we collect about you when you buy a product or related service from us under this agreement. We will tell you if we significantly change the information we ask for or the way we use it.
5.2. Information you provide or we hold may be used by us, our employees and/or our agents and RBHM Ltd to:
(a) help identify you when you call.
(b) detect and prevent crime, fraud or loss;
(c) contact you about improving the way we run accounts, services and products that we have provided to you or may provide to you in the future;
(d) conduct research, analysis and testing of our systems;
(e) contact you, and administer your accounts, services and products.
5.3. Your information may be shared between us and third parties who provide, review and/or receive services in relation to this agreement.
5.4. We may also monitor and record any communications we have with you, including phone conversations and emails to make sure we are providing a good service and meeting our legal responsibilities.
5.5. We may pass your address, property, postcode and details of your gas appliances and installations to organisations that supervise these activities and with whom we are registered. These organisations may pass this information to local authorities to meet planning and regulatory requirements.
5.6. If you provide us with an email address, you agree that we may send contract fulfilment and other account information by email. You agree to notify us of any change to you email address.
6.1. We may assign or transfer all or any part of our rights and subcontract any of our obligations under this agreement without your consent provided the transferee holds the applicable industry registration where necessary.
6.2. This agreement can only be transferred between properties or persons by you with our prior approval.
6.3. We may vary the terms and conditions of this agreement. If we vary the terms and conditions to your material disadvantage, we will notify you of such variations. If you notify us that you are cancelling this agreement, then such variations will not be effective in respect of this agreement.
6.4. Any delay on our part in enforcing any term, condition, right or remedy in respect of this agreement will not be deemed to be waivered.
6.5. Except for death or personal injury caused by our negligent acts or omissions, we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of this agreement. Our maximum liability to you under this agreement will not exceed the agreed contract price. Neither party are liable for any indirect, consequential, economic or financial loss or damage (including loss of profit, revenue, goodwill, business, contract or wasted expenses).
6.6. If any part of this agreement is not permitted or is held ineffective by any court of law or other competent regulatory body, this will not affect any other part of this agreement. This agreement and any disputes arising from it will be governed by the laws of England and Wales in the exclusive jurisdiction of the Court of England and Wales.
6.7. The headings in these terms and conditions are for your guidance only and do not affect the interpretation.
6.8. Notices required under this Agreement will be in writing and delivered by hand, sent by post or email (where provided and permitted). We will send notices to your billing address. We will assume you have received the notice 5 working days after we have sent it unless we receive evidence to the contrary. When writing, please send postal notice(s) to RBHM Limited, Longacres Garden Centre, London Rd, Bagshot, GU19 5JB, or email us at email@example.com.
7.1. Our Cancellation Rights.
7.1.1. We reserve the right to cancel this contract for any reason at any time and a full refund will be provided for any work not carried out. 7.1.2. If we cancel this agreement but there are charges that you are due to pay to us, you will remain responsible to pay these charges.
7.2. Your Cancellation Rights.
7.2.1. We require a minimum of 48 hours cancellation notice before the proposed works are to be undertaken. If less then 48 hours cancellation notice is given, a set rate of £500 per day per engineer (+VAT) will be charged.
7.2.2. You waive your rights to cancel should we complete the works within 14 days (the ‘cooling off period’) of your order being placed and you request we perform services within this 14-day period as it will be deemed we have been engaged to carry out urgent repairs and/or maintenance at the property.
8.1. On completion of the works and payment of the agreed contract price and within 12 months of the date of repair, where there is a defect due to our faulty workmanship or defective design, we will remedy the defect at our cost providing we incur no liability under such warranty in respect of:
(a) damage due to wear and tear, improper use, neglect, accident or other failure on the part of you to operate and properly maintain the installation;
(b) any repairs or alterations to the installation carried out by you without our prior written approval;
(c) if you have failed to notify us of the defect;
(d) the resetting or replacement of a circuit protective device due to circumstances unrelated to the works;
(e) fuses requiring replacement (except where they are damaged due to our negligence);
(f) where the fault is within the existing central heating and/or hot water system including all pipe work, mechanical electrical controls and any temperature related valves/pumps of any type;
(g) topping up water pressure of the heating system;
(h) where the provisions of clause 6 apply.
8.2. Upon boiler installations, manufacturer warranty is provided on the day of installation.
8.3. You must notify us as soon as possible about any fault or default to the works after the damage is discovered, and at all times, within 12 months of completion. As soon as possible is within a 14-day time period of the installation. Thereafter it is solely at the discretion of RBHM Ltd to accept that the fault is covered under our warranty.
8.4. You will ensure that the works and the equipment installed by us are properly maintained in accordance with the manufacturer’s recommendations.
8.5. The remedies contained in this clause are without prejudice to, and in addition to, any warranties, indemnities, remedies or other rights provided to you by law.
8.6. All manufacturer warranties are subject to the terms and conditions set out by the relevant manufacturer.
9 RETURNS POLICY
9.1. If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes or agreed by telephone conversation, you should contact us within 14 days to arrange collection and return. RBHM Ltd is responsible for paying shipment costs. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods.
9.2. If any goods you have purchased have faults when they are delivered to you, you should contact RBHM Ltd immediately to arrange a replacement. The faulty item must be retained until it is decided if the item should be returned for examination.
9.3. If any Goods develop faults within their warranty period, the purchaser is entitled to a repair or replacement of the faulty item under the terms of that warranty (normally 12 months from invoice date for spare parts). Contact RBHM LTD to arrange or call Viessmann Ltd after sales 01952 675000 or Worcester Bosch after sales on 0330 123 3366.
9.4. You can cancel up to 14 days after the day you sign and accept your quotation (the “cooling off period”). You give permission for the installation to start during the cooling off period. You are aware that if you cancel you will have to pay for any work carried out or goods installed before you cancel.
9.5. If you wish to return goods to RBHM Ltd for any of the above reasons, please contact us using the details on the contact page to make the appropriate arrangements (restocking fees may apply).
9.6. Boiler supplier restocking charges are passed onto customer, this may be up to 25% of your invoice total.
9.7. RBHM Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.
9.8. Goods must be returned in their original complete condition with all packaging and documentation and be in a saleable condition.
9.9. Any discounts that may have formed part of the purchase price of the goods are to reflect any lack of quality made known to the customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
9.10. Boilers, hot water cylinders, flues and flue kits are deemed as non-returnable and will not be accepted under any circumstances.
10 VULNERABLE CUSTOMERS POLICY
The purpose of this policy is to ensure that our operations don’t have any negative impact upon vulnerable customers. For the purposes of this policy, vulnerable customers are customers and prospective customers whose ability or circumstances require us to take extra precautions in the way we sell and provide our services, ensuring they aren’t disadvantaged in any way.
We want to make sure that all our customers with vulnerabilities are treated fairly, based on their individual circumstances. The aim is that all our products and services are available to all customers, in a form that works for them.
We recognise that certain groups of customers may be vulnerable. Whilst not all customers in these groups may be vulnerable, we will consider a customer’s individual circumstances where a potential vulnerability is identified. These groups may include, but are not restricted to:
• Customers with communication difficulties (including learning difficulties, English not being their first language and dyslexia)
• A customer with a reduction in physical or mental capacity
• Customer with health issues—illness, whether physical or mental, severe or long term
• A sudden diagnosis of serious illness to the customer or close family member
• Personal circumstances of the customer—factors such as financial difficulties, bereavement, caring responsibilities or redundancy
• The customer’s age, particularly older and younger people. For example, a younger person may be considered inexperienced and the older person may be less technologically able
We aim to treat you, our customer, as an individual and will consider your personal circumstances when communicating with you. Any product or service provided to you by rbhm.co.uk will be available to all our customers and presented in a way that means it is easy for each customer to make the best decision for them. When we are informed of something that could make a customer vulnerable, we may securely record it for future reference if that is the right thing to do. This is only the case when we are clearly told about a vulnerability. This will not be shared outside rbhm.co.uk and will not be a permanent record.
The Registered Office of RBHM Limited is Longacres Garden Centre, London Road, Bagshot, Surrey, GU19 5JB. Registered in England No. 08913138. Authorised and regulated by the Financial Conduct Authority for certain consumer credit activities.