Terms and conditions

Not all the following Terms and Conditions will be relevant for your quoted work. If you wish to discuss any of the below please feel free to contact us. If you require a copy of the Terms and Conditions in a larger font please let us know and we will send you a hard copy by post.

1. For the purpose of these terms and conditions the following words shall have the following meanings:
1a) “Us/we” shall mean Sure Heat.
1b) “You” shall mean you: the customer (the person or organisation for whom we agree to carry out works and/or supply or materials)
1c) “Our representative” shall be the person we send to you to do work.
1d) By asking us to attend a property you are accepting our terms and conditions

1e) By accepting our quote you are accepting our terms and conditions

1f) “Contract” means the agreement between the Customer and the company to carry out the works of which these terms state.

1g) “Works” means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.

1h) For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.

2. The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only. The company will not be under any obligation to provide an estimate to the customer. The company will only be bound to estimates provided in writing to the customer, which have also been signed by an authorised representative of the company. The company will not be bound to any estimates provided orally.

3. All times provided by the company are estimates only.

4. Length of time of works on quotes is an estimate. If more than one engineer can be present the work will be completed in a lesser amount of time. 

5. If work is completed in less time than estimated there will be no change to the final balance 

6. Your quote, together with these terms and conditions, sets out the entire agreement between you and us. Nobody else will be able to benefit from this agreement. This agreement is governed by the laws of England and Wales.

7. Sure Heat will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or ageism directed towards any of its staff or tradespersons and reserves the right to terminate the project at any time in this event.

8. Your quote is valid for 30 days. After this time your quote will no longer be valid and you will need to get another quote.

9. The price we quote does not include the cost of removing any dangerous waste materials, such as asbestos, that we could not reasonably identify when we gave you your quote unless stated otherwise in the quote. You can call a specialist contractor to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a ‘clean air’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.

10. The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace. If you wish to keep any of these parts please make this known before work begins

11. Any time frames we give you are our best estimates and we will do what we can to keep to those time frames. Where there are likely to be delays we will let you know as soon as possible and agree new time frames with you. The time it takes us to complete the work has no effect on the price we quoted you. If your installation is delayed, rescheduled or overruns, Sure Heat will not be held liable for any potential loss of earnings, annual leave or time away from work. Fitting dates are only an estimated start date as this might change due to delays on previous jobs or delays with deliveries of products needed.  

12. The area of work must be cleared of any possessions and hygienically cleaned before work can start. Failure to do so may result in a delayed start date and possibly an additional labour charge.

13. Additional costs may be incurred for any unforeseen work that might occur or due to the unknown condition of the walls and floor once the tiles and bathroom suite have been removed.

14. The total invoiced to you will be the sum of the chargeable time spent by our representative (the minimum charge is one hour) attending your premises to undertake the agreed work (which may be just a diagnosis or step-by-step investigation to determine the nature of the and may not take a full hour) and the cost of any provided parts plus any congestion charge/ULEZ/parking costs. The time invoiced will include all reasonable time spent in obtaining materials. Parts and materials supplied by us will be charged at the trade price plus 10% handling charge. VAT is chargeable on the total invoice price – the sum of all of these costs, including our charges and expenses. 

15. We try to minimise collection of materials by carrying everyday stock items. If we do need to collect materials we will always try to keep the time to a minimum. If the time is likely to be more than 45 minutes you will be informed before our representative leaves the job. Only one person will collect parts at a time unless you are told otherwise. Time collecting materials is chargeable to you.

16. Quote will include labour and materials. Costs incurred for travelling (congestion charge) and parking will make up a part of the total fee that we invoice for our services. VAT is payable on the total of the quote, as this is the inclusive price for our service. The price will be fixed but manifest errors shall be exempted. Estimates may need to be revised if you change the scope of the work or if further works are deemed necessary. If it is impossible for us to do the work for the agreed estimated price, we will provide a free estimate for the additional work so that you can choose to use us or not. If you decline, there will be no charges payable by you. Where a job requires forms to be completed (eg insurance for large-scale works), this will be charged (in addition to any estimates given) at our standard hourly rate

17. Unless otherwise agreed, we require payment of any outstanding balance on completion of works/ on delivery of invoice. We reserve the right to request full payment for fixed-price works in advance if you have not paid a balance with us on time previously. With the exception of liability claims, we do not renegotiate or refund completed jobs. After one month, unpaid invoices will result in Sure Heat sending you a second invoice with and administration charge of £25 +VAT. After this there will also be a 3% charge of the full invoice amount per day that the invoice is not paid. After two months of an unpaid invoice will result in Sure Heat making a case to the County Court. We will hand over debtors’ details to debt collectors after two months, including additional charges. Once this happens we are unable to waiver any charges added to the invoice. The debtors will also add their own charge of usually around 33% of the entire invoice and administration and late charges

18. we accept payment by: credit/debit card, bank transfers, cash and cheques payable to Sure Heat

19. The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.

20. Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 14 days of the invoice date should access not be made available – whichever is sooner.

21. Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.

22. Where necessary, refunds will be actioned on our next scheduled series of payments – this may be up to 31 days from when the refund was agreed and authorised.

23. We will make every effort to attend each job at the time and date agreed with you. However, we cannot accept any liability for either arriving late or not at all and for the late delivery or failure to supply materials.

24. The person who has contacted us to book in a job will be deemed to be our customer unless it is made clear to us who the actual customer is. Tenants must provide us with confirmation that he/she has the right to instruct us on behalf of the property owner, or the tenant will be liable for payment on completion. When engineers are on site, unless notified in advance by the actual customer that any potential issues need to be communicated to a particular person (ideally the actual owner/customer) who is not on site, this person must be available to speak to the engineer during his visit. If this notified person is not available, the engineer will deal with any person that is considered to be relevant (family member/tenant); if this person cannot or will not make the necessary decision, the engineer will make a determination of the best course of action or leave the job in a safe manner and the remainder of the job can be re-booked at a future date as a new job.

25. If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us.
25a) Appointments that need to be cancelled must be notified to us by telephone or text (9:00am – 2pm M-F) or email, at latest, by the end of our normal office hours (5.00pm M-F) on the working day before the scheduled appointment, or we reserve the right to levy a one hour charge for our engineer’s time. Cancellations made further in advance should also be by telephone and acknowledgement received from us so that you are not left liable to be charged
25b) If you have arranged for our engineer to work on your Aga/Rayburn stove and have not switched the appliance off the night before the appointment, so that it is cool enough to work on, then you will be liable for a cancellation fee of £110+VAT
25c) Once major works (one full day or more OR involving two or more of our engineers/craftsmen) have been scheduled, if you cancel or reschedule the agreed start time within 24h of commencement, we reserve the right to make a charge of £350+VAT. Note that it is the landlord or owner’s responsibility that residents/tenants are aware of and have agreed to allow access to enable works to take place

26. We have a twelve month non-transferable guarantee period for our labour. If you (the customer who commissioned the work) are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that:
26a) If you do not contact us within 12 months we shall have no liability.
26b) Our insurers may inspect any works carried out by us.
26c) If we have not received payment within 14 days, then you void all guarantees.
26d) As per manufacturer’s instructions, if you don’t get your boiler serviced every year, your boiler guarantee will be void.
26e) We only guarantee our work not the parts supplied. We always endeavour to supply top quality parts.
This guarantee does not affect your statutory rights.

27. We take no responsibility for obtaining the relevant planning consents and for arranging for building control inspections. This is solely the responsibility of the client and/or their architect/project manager (or other client nominated appointee)
We are unable to guarantee our work, or any parts and equipment supplied to you:
27a) If parts or equipment are misused, treated negligently or if our work is modified or tampered with by anyone other than us.
27b) We don’t guarantee stopcocks – we take no responsibility if this should fail after we’ve needed to turn the water supply on/off – unless we have installed it – and then only for 12 months
27c) Where we carry out works on your behalf, using materials that you have supplied, we’re not able to establish provenance, quality, fitness for purpose or otherwise of these materials, so we cannot stand by their suitability, efficacy or durability.
We cannot guarantee:
27d) Work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out and this is not done.
27e) (Because of its nature) any work to unblock waste or drainage pipes. Nor can we guarantee further damage or defects caused by work that is not fully guaranteed or where recommended further work has not been carried out.
27f) Work on existing installations that are either inferior or more than 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
27g) Unless otherwise indicated, estimates are plumbing-only and do not include any building work, redecoration or making good. Although care will be taken, we cannot be held responsible for any floor coverings that we need to lift, or cupboards that we need to modify/dismantle, or any consequential damage that arises while gaining access to the areas where works are required.

28.  We will only be liable for rectifying our own work and shall not be held responsible for any ensuing damage or claims resulting from this or other work overlooked or subsequently requested and undertaken at that time.
28b)We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
28c) Inadvertent errors or omissions that occur in connection with estimates and invoices shall not constitute a liability provided that any such error or omission is corrected as promptly as commercially practicable after discovery.
28d) The steps that we will take to deal with client-assessed liability issues after a job is complete are as follows:
i) If you believe that we have not done the work that we set out to do in the correct manner or have caused consequential problems through our actions, we will arrange with you to come and investigate the problem at the earliest possible opportunity.
ii) If it is found that the problems have been caused by negligence or as a consequence of our actions, we will endeavour to put matters to right at our expense, subject to our terms and conditions.
iii) If we discover that the issues raised are not due to our actions during previous call-outs, we will provide an explanation of what the current issue is and an estimate for the cost of putting it right.
iv) If the issue is due to a misunderstanding of the instructions that you received from our engineer or tradesperson at the time, then this will be a chargeable visit.

29. We may take photographs on site, before during and after works are complete. These may be used on our database for our records, or may be used, without identifying details, on our website or promotional material, to show examples of the work that we do. If you do not wish to allow our engineers to take photographs for advertising purposes please let this be known.

30. We do not offer service contracts for gas appliances. However, we will endeavour to send out a reminder letter to whichever UK address we have for you when the recommended service interval comes around, or when a year has elapsed since we last carried out a CP12, so that you can arrange for an engineer visit at your convenience. Please note, these letters are advisory only and it is your responsibility to arrange for any services/gas safety checks if required. Should you prefer not to receive these reminders, feel free to contact us to request this change. If you choose not to use us for 2 consecutive years we will no longer send you reminders after this time. 

30a) Please be aware that when our representative conducts a service visit for an appliance (for example, Aga, Rayburn or any make/model of boiler), this is a series of prescribed tests, checks and adjustments to ensure that the appliance is set up correctly and working at optimum efficiency, as per the manufacturer’s specifications and requirements. This service does not include tests or checks to any pumps, valves, diverters or systems connected to the appliance being serviced – though, for an additional charge, these can also be checked and optimised.
30b) With respect to any new boiler installation, it is YOUR responsibility to ensure that boiler servicing is carried out AT LEAST ANNUALLY by our engineer or any other approved Gas Safe/Oftec contractor, to stay within the terms of the warranty. Failure to do this will result in the extended warranty being terminated by the boiler manufacturer.
30c) We guarantee our work and that our representative will have conducted all the necessary steps to ensure the appliance is working to its optimum capacity at that time. In the course of this work, our representative may recommend further works or new parts, either to the appliance or associated installation, to reach this level.
However, such a visit cannot establish the likelihood of a particular part failing in future; while there are certain indicators which our representative will be trained to look for, these signs may not have manifested at the time of the service.
Therefore, subsequent appliance failure should not be attributed to a faulty service; we can make a chargeable visit to establish the cause and effect a repair to your appliance.

31. The company will only guarantee work directly undertaken by the company and its employee’s. Any work carried out on behalf of the company by agents or sub-contractors will be guaranteed under their own respective policies.

32. We shall be entitled to recover the costs or damages from any person or contractor whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.

33. You will be solely liable for any hazardous situation in respect to the Gas Safe gas regulations or any Gas Warning Notice issued. Our representatives operate under their own Gas Safe registration and are therefore solely liable for any gas work and its subsequent liability.

34. We reserve the right to refuse or decline to undertake any work.

35. We reserve the right, at our absolute discretion, to choose who will represent us.

36. Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.

37. The company endeavours to make good and repair any defect in completed work, which appears within twelve months of the complete date of the same, to the extent that such defect arises from the breach of the company’s obligations under this contract. Subject to Terms and Conditions.

38. All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect.

39. This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.

40. Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate.

41. The company reserves the right to not carry out any repair work where the customer cannot provide sufficient evidence that the work was originally carried out by the company, or where full payment has not been received for said work.

42. Exclusions are –

42a) Any parts or materials supplied by the company will only be provided with the manufacturers or suppliers guarantee, and are not guaranteed by the company

42b) Any systems or structures which have not been installed by the company

42c) Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.

42d) Any structural defects, such as but not limited to subsidence and its resultant effect.

42e) Any damage to drainage systems caused by any outside force or root penetration.

43. It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company. The company will not be held responsible for any damage to the property (such as fixings, holes, redecoration etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re-positioning, extra charges will be incurred.

44. The customer shall provide clear access to enable the company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.

45. The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.

46. The customer will at all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.

47. Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.

48. By instructing the company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay b the customer in performing the obligations as detailed above.

49. The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or circumstances beyond the company’s reasonable control.

50. While every effort is made to make the allotted scheduled appointment, Sure Heat can not guarantee appointment times due to unforeseen circumstances.

51. The company will not be liable for any fractures found in frozen pipes attended by the company, and cannot guarantee to clear blockages occurring within frozen pipes or drainage systems.

52. We consider it critical that the client makes time before we complete any installation works to discuss salient points, such as new control systems. If you can’t be present when we sign off on the works, we can make a subsequent chargeable “walk-through” training /information visit. 

53. We may need you to lift carpets or take up all or some other floor coverings, including tongue-and-grooved floor coverings and parquet hardwood, rubber or tiled floors, so we can complete the work. We will give you as much notice as possible if we need you to do this. You can call a specialist contractor to do this work or we may be able to do it for you at an extra cost. If we do any of this work for you we will not be responsible for any damage caused and it will be your responsibility to put the flooring back once the work is completed.

54. We will take care to carry out the work without causing damage to your property. If we cause unnecessary damage because of negligence we will put it right. Sometimes the work means we have to create access if there is not enough room for pipework or wiring in place to install the boiler, this can cause damage to things like inside and outside finishing’s such as wall coverings and paint. You may need to redecorate, repair or restore certain areas once the work is completed this is NOT included in the price we quoted and YOU will be responsible for this.

55. The quotation does not include boxing in of any pipework unless otherwise stated. You can call a specialist contractor to do this work or we may be able to do it for you at an extra cost

56. You will need to have an adequate gas and electricity supply to your property before we can start the work. Unless otherwise discussed.

57. We cannot be responsible if we cannot meet our responsibilities because of things beyond our control including, for example, poor weather conditions, industrial disputes and strikes (that we are not directly involved in).

58. The Customer will allow Sure Heat reasonable use of toilet and washing facilities.

59. Sure Heat does not take responsibility for the condition of any products/deliveries supplied by the customer.  Any problems with the products/deliveries supplied by the customer will be sorted out by the customer and if work is delayed because of a problem with the product/delivery, an additional labour cost could be incurred.  

60. If the central heating is to be drained down to have new radiators moved/installed, and problems occur with the boiler or radiators on refill, we will endeavour to do everything possible to solve such a problem, however an additional charge may be incurred if a fault occurs beyond our control. 

61. While every effort is made not to damage your home, accidents do happen. Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted.

62. If the products are being supplied by the customer, Sure Heat ask that you have them delivered at least a week before work is due to commence as late delivery could result in additional charge as work cannot be undertaken or the work being rescheduled to the next available date.

63.  Following the room rip out, if the wall is in a bad state and needs to go back to brick then this will result in an additional cost being added to the plastering charge.

64. Prior to plastering, if it is noticed that the walls are uneven, dips in the walls or are not level, then it may be necessary to add an additional cost for the walls to be floated flush.  This will not be apparent until the room is empty and it is at the plastering stage.

65. Following plastering and prior to decorating, there may be an element of rubbing down necessary.  This is the responsibility of the Customer or their Decorator.  

66. If the Customer has purchased their own accessories from elsewhere e.g. toilet roll holder, mirror, towel hook, depending on the amount of work necessary, a small charge may be added for the time taken.  This should be brought to our attention at the start of the project

67. Following fitting, adjustments to doors, etc. will be covered for 1 year, following this a charge will be made for the fitter’s time.

68. All gas and electrical work will be carried out by qualified engineers and pricing will be done on the basis that your property is within the legal requirements. If the gas or electrics are deemed to be unsafe or not up to regulations then the customer will be notified of what work needs to be done and an estimate will be provided.

69. With regard to tiles purchased independently by the Customer, we ask that you buy at least 2 sq. m more than is required, and check batch/shade numbers are all the same. Failure to do so may result in a delayed start date and possibly an additional labour charge.

70. When choosing tiles and borders, check to make sure they are both the same thickness to avoid creating a lip between the tile and border. Failure to do so may result in a delayed start date and possibly an additional labour charge.

71. If the Customer is to provide the tiles then the labour cost will be based on ceramic tiles, if the Customer chooses porcelain, granite or natural stone tiles, then an additional charge (a minimum of £10+VAT a square meter depending on tile) will be incurred for the cost differences in materials and fitting.

72. Tiling pricing is based on stock grout; additional charge will be incurred for special order grout and any tile sealants which are required.

73. An additional charge for drill bits may be incurred if the tiles are excessively hard and difficult to drill.

74. Please check your tiles carefully before tiling commences. Shade variation is a design feature of most tiles. If for any reason you are not happy with the shade of your tiles, we cannot accept the responsibility after the tiling has commenced. Please ensure you are happy with the shade of your tiles before you start any project.

75. Whilst we will try to ensure we keep dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimize the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.

76. We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.

77. Assistance can be provided with the repositioning and/or removal of bulky furniture items and goods. We reserve the right to decline to move goods if the condition is at risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.

78. In the event of breakage or damage to the property, Sure Heat will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow Sure Heat to effect a remedy using our own tradespersons and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify Sure Heat, in writing or by phone within 24 hours of an alleged breakage or damage caused by our employees.

79. We are in most cases happy to do small “favours” for our clients over and above our quotations however this is expressly done at your own risk and we will not accept any responsibility for any work undertaken that is not in your written quote, including loss or damage to persons or property.

80. claims that we can dispute with photo evidence or written agreement will incur a £50+VAT charge per complaint to cover administration costs.

COMPLAINTS 

1. In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing to the Office at Sure Heat, Unit 6, Ellesmere Business Park, Oswestry Road, Ellesmere, Shropshire, SY12 0EW at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within seven days.

2. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.

3. These terms and conditions and all contracts awarded between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.