These are the terms and conditions on which we supply plumbing, drainage, gas and/or heating services and associated materials to you (“Terms”)
Information About Us and How to Contact Us
- We are Gastek Homesafe Limited a company registered in England and Wales. Our company registration number is 11925244 and our registered office is at 10c Peckingham Street, Halesowen, England, B63 3AW. Our trading address is at Unit B 15, Anchor Business Park, New Road, Dudley DY2 9AF. Our registered VAT number is 332 5579 95.
- We are a Gas Safe registered business and our registration number is 637624.
- You can contact us by telephone on 01384 560 856 or in writing by email to: [email protected] or by post to our trading address, which is above.
- When we use the words “writing” or “written” in these Terms, this includes emails.
Our Contract With You
- Any quotation we provide is subject to change by us at any time.
- When you contact us to accept a quotation we have provided, your communication will constitute an offer by you to purchase products and/or services in accordance with these Terms.
- If we give a quotation before we have carried out a survey then that quotation will be subject to change based upon our findings when we carry out the survey.
- Our acceptance of your order will take place when we email you to accept it or otherwise accept it in writing, at which point a contract will come into existence between you and us.
- If, when we receive your communication pursuant to clause 2.2, we consider that the quoted price we gave is incorrect for whatever reason, we will let you know.
- If we are unable to accept your order for any reason, we will also inform you of this.
- Once we have entered into a contract, we are under a legal duty to supply products and/or services which are in conformity with the contract we have entered into with you.
- We will begin the services on the date agreed with you. We will let you know the estimated duration and estimated completion date for the services.
- If you do not allow us access to your property to perform the services as arranged, we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7.2 will apply.
- The services will be performed at the address confirmed in our acceptance of your order given pursuant to clause 2.4 unless otherwise agreed.
- We will:
- supply the services in all material respects in accordance with any specification agreed with you in writing;
- use reasonable endeavors to meet any start, performance and completion dates agreed with you but such dates are estimates only;
- supply the services using reasonable care and skill.
- You will:
- reasonably co-operate with us in all matters relating to the services;
- provide us and our employees, agents, consultants, and contractors with access to your premises and other facilities reasonably required by us to provide the services including those specified at clause 3.5.8;
- provide us with such information and materials as we may reasonably require in order to provide the services and ensure that such information is complete and accurate;
- prepare your premises for the supply of the services;
- obtain and maintain all necessary licenses, permissions and consents (including any required building and planning consents) which may be required for the services before the date on which the services are to start and provide copies to us on request (including any associated drawings and specifications);
- comply with all applicable laws, including health and safety laws;
- keep all of our materials and equipment safe and secure whilst such items are at your property;
- provide us and our employees, agents, consultants, and contractors with:
- access to water, washing facilities, and toilets;
- access to electricity;
- access to water and gas pipes, central heating systems and any other fixtures or facilities required to adequately perform the services agreed with you;
- storage space on request for our equipment and any materials;
- safe and easy access to your property from the public highway;
- easy access to the location within your property where the services are to be performed. This may require you to move personal belongings from working areas. If you ask us to move such personal belongings on your behalf, we accept no liability for loss or damage to such belongings in doing so.
- If whilst carrying out services we discover a fault with any existing installation or if any unforeseen work becomes apparent, we will notify you. On request, we may provide you with a quotation for any additional works but we will be under no obligation to do so.
- Our completion of the services must be signed off as complete either by you or a representative nominated by you. By providing such sign-off, you are (or your representative is) confirming that the services meet your requirements, have been provided in accordance with the specification agreed between us, and are free from defects apparent on visual inspection. We will provide you with a copy of the acceptance certificate signed by you (or on your behalf).
- As part of our provision of services to you, we may agree to supply you with products, which will usually comprise materials required in connection with our supply of services. We often source such materials from wholesalers.
- We will usually ask you to pay for those materials in advance to enable us to purchase them on your behalf.
- If we are sourcing products based on measurements you have provided, you are responsible for ensuring that those measurements are correct in order that the products meet your requirements.
- If wholesaler delivery costs apply, the costs will be as notified to you when we accept your order.
- When we accept your order, we will provide you with an estimated date when the products will be provided to you.
- If, after any failed delivery to you, you do not re-arrange delivery or collect the products from the wholesaler (subject to arrangement with them) we will contact you for further instructions and may charge you for storage costs and any further delivery costs (if applicable). If despite our reasonable efforts, we or the wholesaler are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply. If delivery of the products does not occur as arranged then this will likely result in delays in relation to the services we have agreed to perform. If you do not take delivery of products on a date pre-agreed with you then we may charge you for storage costs, any further delivery costs and an abortive fee in respect of our wasted time.
- Products will be your responsibility from the time they are delivered to the address you gave. You are responsible for storing them in a safe and dry environment.
- You own products once we have received payment in full unless you paid in advance in which case you own the products when they are delivered to you.
- We may need certain information from you so that we can supply the products to you e.g. measurements as described above. If so, this will have been notified to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 7.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Some products may be supplied with a manufacturer warranty if that is applicable and you have selected that option.
- If you wish to make a change to any products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6).
- We may change any products we have agreed to supply to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
Delays outside our reasonable control
If our supply of any products or services is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products/services you have paid for but not received.
Your Rights to End the Contract
- To end the contract with us, please let us know using the contact details set out at clause 1.3 or by using the model cancellation form attached.
- You have a legal right to change your mind within 14 days and receive a refund. This 14 day period is the cancellation period.
- we have told you about a change to the products/services or these Terms which you do not agree to;
- we have told you about an error in the price or description of the products/services we have agreed to supply and you do not wish to proceed;
- there is a risk that supply of the products/services may be significantly delayed because of events outside our reasonable control; or
- you have a legal right to end the contract because of something we have done wrong, you may end the contract immediately and we will refund you in full for any products/services which have not been provided and you may also be entitled to compensation in certain circumstances.
- You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running;
- products which are bespoke, customised or made to measure.
- If you cancel services after we have started to perform them, you must pay us for the services provided up until the time you tell us that you have changed your mind. The amount will reflect what has been supplied, in comparison with the full performance of the contract that is making due to allowance for items not supplied and work not carried out. If such costs amount to more than any deposit you have paid to us, an invoice for the balance will be issued for payment within 14 calendar days after the date of the invoice.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us or to the wholesaler (at our instruction). The products should be returned in the same way they were delivered unless we instruct otherwise. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
- We will pay the costs of return:
- if we agree the products are faulty or misdescribed; or
- if you are ending the contract for a reason set out in clause 6.3.1 to 6.3.4.
- In all other circumstances, you must pay the costs of return.
- If required, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery available which provides adequate insurance. Please contact us if you have any queries about this.
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Occasionally the wholesalers we use to source products charge us a re-stocking fee to take back returned items. We reserve the right to pass on any such re-stocking charges to you in connection with any products you return other than where you are exercising your right to change your mind pursuant to clause 6.1 or you have ended the Contract pursuant to clauses 6.3.1 to 6.3.4 inclusive.
- We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then:
- in relation to products, your refund will be made within 14 days from the day on which we receive the product back;
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Our Rights to End the Contract
- We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products e.g. product measurements;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the services.
- If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products/services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Price and Payment
- The price of the products and the services (which includes VAT) will be the price notified to you in our acceptance of your order given pursuant to clause 2.4. We take all reasonable care to ensure that the price of the products and services advised to you is correct.
- If the rate of VAT changes between your order date and the date we supply the products or services, we will adjust the rate of VAT that you pay, unless you have already paid for the products or services in full before the change in the rate of VAT takes effect.
- The price notified to you as set out at clause 8.1 does not include the cost of removing any dangerous waste materials such as asbestos found when carrying out the services. If, during the execution of the works, asbestos is encountered, we reserve the right to withdraw immediately until the site is made safe at your cost.
- When you must pay depends on what you are buying:
- for products, you must pay for them before we order them from our suppliers;
- for services, if requested, you must make an advance payment of 10% of the price of the services, before we start providing them. Unless otherwise agreed in writing, you must pay the price of the services (or the balance thereof, if you have made an advance payment) when we have completed them, by debit or credit card or bank transfer to the account notified to you.
- If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time or if more the rate from time to time applicable to County Court judgment debts. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our Responsibility for Loss or Damage Suffered By 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 breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Therefore, we do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products (including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us, supplied with reasonable skill and care and, where installed by us, correctly installed) and for defective products under the Consumer Protection Act 1987.
- We will take all reasonable care in carrying out the services. However, any making good, redecoration or repair of damage that may be required following our work is your responsibility, unless we have been negligent. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- The products we will supply you are only for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If we provide any sketches, plans, diagrams or similar documents, those are intended for illustrative purposes only and are not intended to provide a precise specification or to guarantee specific results.
- Sometimes when traditional low pressure, open vented installations are replaced by sealed system installations, pre-existing system components may prove to be unsuitable due to age or performance criteria resulting in breakdown or non-performance. This may occur when heating only boilers are replaced by sealed system or combi boilers. We do not accept any liability for resultant call-outs or work required where this occurs.
How We May Use Your Personal Information
Details of our complaints procedure can be found here:
Other Important Terms
- We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- This contract is between you and us. No other person will have any rights to enforce any of its terms.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products/services, we can still require you to make the payment at a later date.
- These Terms are governed by English law and you can bring legal proceedings in respect of the products or services in the English courts.