When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 8.2;
Fee: the fixed fee for the Services as stated by Us on the website or in communications between the parties.
Order: your order for the Services through the website, by email or by phone.
Boiler Repair Services: the services that We are providing to namely a fixed price boiler repair, subject to the terms and conditions of this Agreement, including up to 2 hours labour, call out fee, VAT and parts to the value of £150;
Boiler Service: includes the checking, cleaning, testing and pre-emptive fault spotting;
Services: Either the Boiler Repair Services or Boiler Service as requested by you.
Terms: the terms and conditions set out in this document; and
We/Our/Us: Manufacturer Repairs LTD, company registration number
When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
These are the terms and conditions on which We supply Services to you.
Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order.
When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this and We will not process the Order.
These Terms will become binding on you and Us when We contact you stating that We are able to provide you with the Services, at which point a contract will come into existence between you and Us.
If any of these Terms conflict with any term of the Order, the Order will take priority.
We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
Changes to order or terms
We may revise these Terms from time to time in the following
changes in how We accept payment from you;
changes in relevant laws and regulatory requirements.
If We have to revise these Terms under clause 3.1, We will give you reasonable notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause Error! Reference source not found..
You may make a change to the Order for Services up to 24 hours before the start date for the Services.
If you wish to cancel an Order before it has been fulfilled, please see your right to do so In clause Error! Reference source not found..
We will supply the Services to you on the date agreed between Us for an approximate until the estimated completion date set out in the Order.
We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
We will need certain information from you that is necessary for Us to provide the Services, for example, the age and type of boiler. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice.
We will not carry out Boiler Repair Services in accordance with the Order where
there are faults caused to the boiler by the system;
boiler parts are obsolete;
the boiler cannot be accessed; or
Where any of the above eventualities exist a refund 50% of the Fee will be made.
We may have to suspend the Services if We have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
Where We are unable or the Customer does not wish to undertake the Boiler Repair Services and no parts have been fitted a charge of £112.50 will apply.
Faults identified during a Boiler Service will not be repaired. A Boiler Repair Service can be booked as a separate Order in keeping with the Terms and Conditions of this Agreement.
Where We attend an appointment to provide Services and you are not at the property at the agreed time, We reserve the right to charge an £80 cancellation fee.
payment of the Fee is due at the time of making the Order. No Order will be confirmed until the Fee has been paid in full.
Any cancellation of the Services will incur an administrative charge of £15. Any cancellations within 24 hours of the agreed date for the Services will incur a cancellation fee of £80.
If there is a problem with the services
In the unlikely event that there is any defect with the Services
please contact Us and tell Us as soon as reasonably possible;
please give Us a reasonable opportunity to repair or fix any defect.
As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Price and payment
Fees are as stated on our website and are agreed prior to the Order being placed.
Our liability to you
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
If We are providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. 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.
We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
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.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
Information about us and how to contact us
We are a Limited company in England and Wales. Our company registration number is 8276625.
If you have any questions or if you have any complaints, please contact Us. You can contact Us firstname.lastname@example.org.
If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Manufacturer Repairs, 2 King Edmund Street, Dudley, DY1 2HT. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
How we may use your personal information
We will use the personal information you provide to Us to:
provide the Services;
process your payment for such Services; and
inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
We will not give your personal data to any other third party.
Other important terms
We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.