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RBHM LIMITED - General Terms And Conditions For All Our Range Of Services Except ProtectionPlus+
In this Agreement the following expressions will have the following meanings:
Agreement: These general terms and conditions of contract and the Quotation.
Agreed Contract Price: The price contained in the Quotation once accepted by You.
Agreement Date: The Date You receive this Agreement.
An Event Outside Our Control: Means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Property: The property where the Works are to be undertaken.
Quotation: The quotation.
Quotation Date: The date You received the Quotation.
Thermal Device: Goods that provide heating and/or hot water to a property.
You or Your: Will refer to the customer, the person, firm or company whose name and address is shown on the Quotation.
We or Us or Our: Means RBHM Limited, 15 St Andrews Court, Ascot, Berkshire SL5 9BY. Works: The works to be carried out by Us as detailed in this Agreement and in the Quotation.
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 to avoid any confusion between You and Us.
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. Information from Your application and payment details of Your account may be recorded by these agencies and may be shared with other organisations to help make credit and insurance decisions about You and members of Your household and for debt collection and fraud prevention purposes.
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. You will obtain all such licences and consents (including planning and building control consents if relevant) that are required for the lawful undertaking of the Works at Your own cost and by signing this Agreement You will be deemed to have obtained all such licences and consents for the lawful undertaking of the Works. You must provide Us with evidence that the necessary consent(s) are obtained prior to the Works commencing.
3.2. If Your Property is a listed building or the Works require planning permission then You must provide Us with evidence that the necessary consent(s) are obtained prior to the Works commencing. It may be unlawful to carry out work in a listed building without permission and Your failure to obtain the necessary consent(s) may result in legal action being brought against You.
3.3. If You are a tenant or You do not own Your Property, You will need Your owner or landlord’s permission before You can authorise Work. We require evidence from You that such permission has been obtained. Where We carry out unauthorised works at the Property where You have failed to obtain permission or where You have given false or inaccurate information, You will compensate Us for any losses suffered as a result of Your failure to obtain the Property owner’s permission.
3.4. Where We carry out unauthorised works at the Property where You have failed to obtain consent or permission or where You have given false or inaccurate information, You will compensate Us for any losses suffered as a result of Your failure to obtain the relevant consents or the Property owner’s permission.
3.5. If the Works are suspended due to a lack of relevant consents or permissions for the Works You will be responsible for the works undertaken and the materials supplied as part of the Works as at the date of suspension on a reasonable value of service basis.
3.6. Unless otherwise stated in writing, We will be entitled to carry out the Works in stages. Unless otherwise stated in writing the Works will be carried out:
(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.
3.7. We will make every reasonable effort to complete the work on time, however We (or Our sub- contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an Event Outside Our Control. In cases of extreme or adverse weather conditions, We may be forced to cancel appointments at late notice. We will not be liable for any loss that results from this. In such circumstances We will agree an alternative date to carry out the installation and We will not incur any liability for such delay.
3.8. Any times or dates given by Us for the carrying out of the Works are given in good faith but are approximate only and will not be of the essence.
3.9. We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve expense to Us You will pay that expense.
3.10. You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property
3.11. We may provide You with an alternative heating source during the Works. You will remain liable for all charges and costs associated with such alternative heating source for the duration of the Works.
3.12. The Quotation and/or this Agreement excludes the cost of:
(a) builders work and making good;
(b) boring of holes in excess of 24mm diameter through walls to accommodate cables, pipes and ducts;
(c) all structural reinforcement required to support and accommodate the proposed Works, except where these are included in the Quotation;
(d) any upgrading that is required to your central heating system or wiring unless included in the Quotation;
(e) handling or disposal of hazardous materials including asbestos;
(f) upgrading your system to comply with the latest industry standards;
(g) parts that are not of a standard specification;
(h) repairs required due to system design faults, system deficiencies of manufacturer design faults;
(i) system flushes to remove sludge, lime scale and other debris from your system;
(j) repairs to fix unrelated faults;
(k) electrical isolations;
(l) working through or abut concrete floors or walls.
3.13. The Works will not commence until We have:
(a) completed a satisfactory credit check (if applicable);
(b) You have provided Us with all the consents and licences in accordance with clause 3.1, 3.2 and 3.3 (if applicable)
3.14. If during the progress of the Works any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us during the Quotation, We will let You know. We will withdraw Our staff immediately from the Property until the Property is made safe. Removal of the hazardous material is Your responsibility. Where You request removal of the hazardous material to be undertaken by Us or Our approved contractor, costs will be charged to You in addition to the Agreed Contract Price. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean air certificate before We continue with the Works. In the event that the hazardous material is not removed Our rights of cancellation in Clause 8 apply
3.15. There may be occasions where We are unable to complete the Works successfully and/or We
are unable to work on your Thermal Device which may include but shall not be 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.
4.1. You will pay to Us the Agreed Contract Price in full as stated in the Quotation once the works are completed. Payment shall be by credit or debit card only unless otherwise agreed by Us.
4.2. You must pay VAT and any other taxes or duties at the applicable rate on the Agreed Contract Price.
4.3. If payment of any invoice is not made then interest shall be payable on the amount of any unpaid invoice at the rate of 4% per annum above National Westminster Bank PLC’s base rate of interest on all amounts outstanding until payment thereof, such interest will run from day to day and to accrue after as well as before any Judgment.
4.4. 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 option be entitled to treat this Agreement as having been repudiated by You and to charge You for work done and material damages for any breach of contract for any loss incurred in respect of equipment or material purchased or prepared for the Works.
4.5. There will be an additional charge for any variations or additions to the Works which You or Your agent request. All requests must be in writing to Us and if We are willing and able to make the alterations and/or additions to the Works, You will pay any additional costs or expenses on a time and materials cost basis as stipulated in the Variation Agreement.
4.6. There will be an additional charge for any variations or additions to the Works that We find are necessary when undertaking the Works and which We could not reasonably have identified when providing You with the Quotation or during the Survey. In such cases We will explain to You the reasons for the additional work and charges and if You agree to the changes You and We will sign a Variation Agreement. You or We may cancel the Agreement as a result of the changes and, following cancellation, Clause 8 will apply.
4.7. Whilst every endeavour will be made to maintain the Agreed Contract Price, the Quotation is based on material and labour costs prevailing at the Quotation Date.
4.8. Where the Quotation includes a provisional sum for labour or equipment to be provided but which are not specified, such provisional sum will be expended according to Your reasonable direction.
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 Limited 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, emails and web chat, to make sure We are providing a good service and meeting Our legal responsibilities.
5.5. We may pass Your address, property and 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 Your 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 a waiver of any such term, condition, right or remedy.
6.5. When installing a new Thermal Device into Your Property there is a possibility that pre- existing faulty or unsatisfactory pipe work 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 pipe work itself.
6.6. 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, then 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 take care to carry out the Works without causing damage to Your property. We will make good any unnecessary damage caused by Our negligence. However, We are not responsible for the cost of repairing any pre- existing faults or damage to Your Property that We discover in the course of installation and/ or performance by Us.
6.7. 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 and is not included in the Agreed Contract Price. Redecoration and replacement of flooring will be Your responsibility and at Your cost.
6.8. As water supply rates can be variable, We cannot be responsible for Your central heating system failing to function properly because Your water supply becomes inadequate or variable.
6.9. 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.
6.10. 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 You nor We are liable to the other for any indirect, consequential, economic or financial loss or damage (including loss of profit, revenue, goodwill, business, contract or wasted expenses). We are not liable for loss or damage caused by circumstances that We do not control.
6.11. If any part of this Agreement is not permitted or is held to be ineffective by any court of law or other regulatory or competent 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.
6.12. The headings in these terms and conditions are for Your guidance only and do not affect the interpretation.
6.13. 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 in please send postal notice(s) to RBHM Limited. 15 St Andrews Court, Ascot, Berkshire, SL5 9BY, or email us at [email protected].
7.1. Your Cancellation Rights
7.1.1. as You have specifically requested a visit from Us for the purpose of carrying out urgent repairs and/or maintenance, You will not be entitled to a statutory 14 calendar day cancellation period further to Section 28(1)(e) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.1.2. if You cancel this Agreement but there are charges that are due to Us, You will remain responsible to pay these charges.
7.2. Our Cancellation Rights
7.2.1. We may cancel Your Agreement in the following circumstances:
(a) if You have given Us false information;
(b) if You do not make an agreed payment;
(c) if you do not pay the Agreed Contract Price;
(d) if there are any health and safety issues;
(e) if You do not give Us access to Your Property;
(f) if We are not reasonably able to find parts for Your system;
(g) if the upgrade work We tell You is needed has not been completed;
(h) if you have breached the terms of Your Agreement;
(i) if You no longer own or occupy Your Property;
(j) if You materially breach any of Your obligations in this Agreement;
(k) We are affected by an Event Outside Our Control.
7.2.2. 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.
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 defective due to Our faulty workmanship or defective design then We will remedy the defect at Our cost provided that We will incur no liability under such warranty in respect of:
(a) damage due to fair 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 system;
(g) where the provisions of clause 6 apply.
8.2. Where, within 12 months of the date of installation, any appliances or electronic devices of Ours are defective, then We will at Our option repair or replace the appliance or devices at Our cost. This does not affect Your Statutory Rights.
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.
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.
The Registered Office of RBHM Limited is 15 St Andrews Court, Ascot, Berkshire, SL5 9BY. Registered in England No. 08913138. Authorised and regulated by the Financial Conduct Authority for certain consumer credit activities.