These conditions apply to the agreement between you and Bee Warm Heating and Maintenance. Please carefully review them before confirming your agreement to the estimate.
Certain terms throughout these conditions are emphasized and have the following meanings.
1.1 ‘Agreement’ refers to the contract between you and Bee Warm Heating and Maintenance for the heating solution.
1.2 ‘Heating Solution’ includes the provision of the heating equipment and the work required to install the equipment on your premises as described in the Agreement.
1.3 ‘Premises’ refers to the property specified in the Agreement.
1.4 ‘Cost’ refers to the price for the heating solution as mentioned in the Agreement.
1.5 ‘We/us/our’ refers to Bee Warm Heating and Maintenance company registration no 12365588, whose registered office is at Bee Warm Heating and Maintenance, 211 Manchester New Road, Middleton, Manchester, England, M24 1JT
2.1 We provide an estimate for the Cost of the Heating Solution following an inspection of the Premises. This estimate becomes an Agreement once you accept the written estimate, either verbally or by returning the signed estimate to us, and we confirm acceptance of your order and receipt of your deposit (if applicable) (refer to condition 9.1.1)
2.2 The estimate offers a fair approximation of Cost but may not be the final cost for the heating solution. Please refer to conditions 2.4 and 2.5.
2.3 The estimate is valid for 30 days from the date it was issued.
2.4 The estimate assumes that the Premises is suitable for the requested Heating Solution and that all necessary facilities, services, and supplies (including the property’s grounding and the provision of gas, water, and electricity) are already installed at the Premises, in good working condition, and that your existing heating system (if applicable) is suitable for the solution. If we find otherwise, we will inform you.
2.4.1 Of any changes or enhancements needed before we can conduct the installation (or complete it if it has already started) or to ensure proper functionality and/or performance of the solution and what additional equipment and/or work may be required; and
2.4.2 Of any increase to the Cost.
2.5 If you wish to modify the Agreement, please contact us immediately. We may not be able to accommodate all changes if we have already incurred costs related to the Agreement. We will inform you of any changes in the Cost resulting from the modification.
2.6 We will only perform Heating Solutions intended for commercial use.
2.7 We will only accept an estimate, Agreement, or credit application signed by your Authorised Person in your presence. No one else may sign on your behalf.
3.1 We shall execute the Heating Solution per the Agreement and any agreed-upon specifications in writing between you and us, exercising reasonable care and skill, ensuring the solution and the equipment used will be of satisfactory quality.
3.2 We will:-
3.2.1 Leave any plasterwork and/or brickwork disrupted during the installation in a secure, weather-tight, and safe state.
3.2.2 Take reasonable steps to avoid soiling or causing unnecessary disturbance to the Premises and will leave the area of work clean, tidy, and safe; and
3.2.3 Remove and dispose of any equipment or materials belonging to you that are to be replaced as part of the Heating Solution (except materials containing asbestos). If we dispose of any of your equipment or materials, we will not be liable to compensate you.
3.3 Upon completion of the installation, we will:-
3.3.1 Verify its correct operation and adjust any relevant controls to their optimal settings;
3.3.2 Provide you with the manufacturer’s instructions.
3.3.3 Finalise the Industry Standard certificate and logbook, affirming the heating solution has been implemented following all applicable laws and regulations. It is your duty (in addition to those in condition 7) to safely store the Industry Standard certificate and your logbook, as they may be needed for review by the manufacturer if the warranty mentioned in condition 6 is invoked; and
3.3.4 Issue any mandatory certificates pertaining to the installation, including electrical certificates.
4.1 We will only employ technicians to implement the Heating Solution who have been vetted and approved by us and who possess the necessary qualifications.
4.2 Our technicians typically operate between 8am and 5pm from Monday to Friday. Appointments scheduled outside these hours at your request may carry an additional fee on top of the Cost.
4.3 Premium Emergency call-out rates will be applicable at current rates and charges.
4.4 All technicians will display an identification badge upon arrival. If you wish, you may call us on our helpline to verify the technician’s identity. Certified Technicians are listed on the Gas Safe Register.
5.1 We will coordinate with you to set a date for implementing the Heating Solution. If we are unable to perform the Heating Solution on this date, we will contact you to agree on an alternative date. We will not be liable for any costs or loss of income you may incur due to any changes in date.
5.2 Our technicians will need access to the Premises to implement the Heating Solution. If we can’t gain access to your property on the agreed date, an extra charge may be applicable, and we will contact you to arrange another appointment. In case of repeated failed attempts to access your property, we may cancel your order.
6.0 WARRANTY
6.1 The Heating Solution includes a 1-year workmanship warranty on the installation (for any gas boiler depending on your individual order ‘boiler warranty’) from the date of installation. The warranty stipulates that a correctly completed Industry Standard logbook must be kept and produced for inspection at the time of any claim. The logbook serves as proof of proper installation, commissioning, and servicing of the product and no claim for part and/or labour under the extended guarantee will be agreed unless this condition is met. The decision of Bee Warm Heating and Maintenance is final and no correspondence will be entered into. Claims will be processed within 7 days of receiving completed details.
The warranty is not transferable to any other person or any other product. Replacement warranty on any replacement part provided under this order does not extend the warranty period beyond the boiler warranty period. To benefit from the warranty YOU must:-
6.1.2 The boiler must be serviced by Bee Warm Heating and Maintenance or our approved agent, franchisee, or subcontractor within one year of the installation date, and the details must be recorded in the Industry Standard logbook. You can arrange for this service by contacting us via telephone.
6.2.1 Failure and leakage from existing pipework, radiators, valves, taps, gas soundless test, etc., due to but not limited to pressurisation;
6.2.2 Faults arising from wilful damage caused to or misuse of any of the equipment installed as part of the Heating Solution or allowing a third party to do the same;
6.2.3 Any defect resulting from normal wear and tear; or
6.2.4 Damage or breakage that is accidental, the result of vandalism, or caused by intruders.
6.3 This warranty will NOT BE VALID if:-
6.3.1 You fail at any time to fulfil the conditions outlined in the condition
6.3.2 You fail at any point to adhere to the manufacturer’s guidance (provided verbally or in writing) and relevant standards and codes;
6.3.3 You modify, repair, or attempt to fix any part of the installed system at any time, unless a Gas Safe representative from the equipment manufacturer does it;
6.3.4 An unsatisfactory outcome is achieved from a post-installation water test. Refer to condition 6.4 below for details;
6.3.5 We will conduct a system flush as required or requested during the installation process by using a power flush or chemical flush. We strongly recommend installing a filter with the equipment to uphold the cleanliness of the system. An additional cost will be applied or will be explicitly stated in our quote.
6.4 After the completion of the installation, we may schedule a water test to be carried out and assessed by an independent body following industry standards. If the outcome is still unsatisfactory, the manufacturer might not extend their warranty beyond the standard warranty duration.
6.5 If a covered fault surfaces during the warranty period, please contact us first or the speaking directly to the engineer who performed the installation as listed on his business card, and we will ask the manufacturer to rectify the issue. The warranty is exclusive to you and is non-transferable.
6.6 Any supplementary warranty provided by the manufacturer relating to any additional parts and equipment used during the installation is the responsibility of the manufacturer. The manufacturer’s terms and conditions will apply.
6.7 In case an engineer’s visit is needed for a workmanship warranty claim, please call us directly. The call-out charge will be applicable if the fault is unrelated to our installation, however, if the fault was introduced by other work conducted on our installation, or detected to be part of your existing system, charges will apply and we are not required to fix or repair under these conditions. We also reserve the right to retain the call out charge if you miss your appointment.
6.8 Nothing in this warranty will infringe upon our statutory rights.
7.1 Unless otherwise agreed in writing, it is your responsibility to :-
7.1.1 Acquire all necessary permissions and consents (such as Planning Permission, Building Consent, approval from main contractors, builders, facility management, landlords, local authorities, neighbours, mortgage lenders, access, and parking permits) before we can proceed with the installation;
7.1.2 Ensure all required facilities, services, and supplies for proper installation and functionality (including the Property’s earthing and the supply of gas, water, and electricity) are in place and in good working order at the property and that your existing heating system (where applicable) is suitable for the installation (including all associated costs);
7.1.3 Clear all furniture and fixtures from any rooms, offices, or roof spaces that we will need to use for the installation and lift any flooring other than regular softwood floorboards before the installation begins, and replace such flooring after the installation;
7.1.4 Paint the radiators or pipework and/or box in any pipework or chase pipework into the solid floors or walls and replace any flooring after the installation is complete; and
7.1.5 Eliminate any hazardous materials from the property, such as asbestos. If any asbestos is removed from the property, you must provide a clearance certificate to our engineer. Our engineer won’t be able to continue with further work until the certificate is presented, and failure to provide this certificate may lead to delays and impede the completion of the installation.
7.2 You recognize that the property and its fixtures may be disturbed, modified, or damaged during the installation, and redecoration might be necessary after the installation. You will be responsible for (including the cost of) any redecoration, including replacing or repairing damage caused to fixtures, fittings, carpets, and property decor (unless the damage is caused by our negligence).
7.3 You acknowledge that any structural gantries in the plant room and other work areas must comply with your Health and Safety at Work (HSW) and/or UK legislation or other regulatory body’s guidelines.
8.1 The cost of the installation covers the following:-
8.1.1 The expense of equipment, parts, labour, delivery, and any other additional costs specified on the quote, including Value Added Tax at the current rate at the date of installation; and
8.1.2 The cost of removing and disposing of any obsolete equipment removed from the property during installation.
8.2 The cost does not include remediation for any disturbances, modifications, or damage or any redecoration necessary to the property after the installation is complete (except as stated in condition 3.2.1 above).
8.3 If unforeseen work emerges during the installation that couldn’t have been reasonably identified during the initial survey, we will provide you with a quote for this additional work. If you agree for us to proceed with the extra work, the cost of the additional equipment and/or work will be due under the order. If you decide against it, we will endeavour to complete the original quote, but we won’t be liable for any reduced performance or functionality of the installation.
8.4 All installed equipment will remain our property until we have received full payment.
9.1 Unless you have a trading account with Bee Warm Heating & Maintenance, you will need to arrange this with our Customer Service team.
9.1.1 Trading account customers must agree to pay the price as follows:-
9.1.1.1 Invoices are to be paid by the due date as stated on the invoice.
9.1.1.2 Deposits and project claims (where applicable) should be paid within seven days or as agreed under the contract.
9.2 We reserve the right to request full payment at any point prior to the completion of the installation.
9.3 Payment should be made via bank electronic transfer (BACS FPO) or company cheque.
10.1 You can cancel your contract (unless the installation has already started) within 14 days from the commencement of the order by writing to us at Bee Warm Heating & Maintenance Ltd, 211 Manchester New Road, Middleton, Manchester, England, M24 1JT and quoting your customer reference number.
10.2 If you cancel the contract once the installation date has been agreed (except where we have breached our obligations), we have the right to a fair and reasonable cost, including equipment purchased or ordered, restocking fees, and costs for non-returnable items. You may also be liable for any losses or costs we incur as a result of your cancellation.
10.3 We can cancel your contract if we are unable to complete or are prevented from completing the installation (or a substantial part of it) due to reasons beyond our control (including health and safety issues).
10.4 If you require us to proceed with the installation before the 14-day cancellation period has elapsed due to a boiler repair service or urgent call-out, charges will apply…
11.1 Bee Warm Heating & Maintenance shall not be held responsible for:
11.1.1 Any breakdown or failure of the installation (or any component of it) caused by factors beyond our control, including (but not limited to) alterations in your gas or electricity supply or insufficient water supply;
11.1.2 Problems developing with your existing heating system post-installation, unless these have resulted from our negligence;
11.1.3 Assurances or misrepresentations, whether negligent or not, made by our agents or subcontractors.
11.2 We will not accept responsibility for losses that:
(I) Were not foreseeable to both you and us when the Contract was created;
(ii) Were not due to any fault, negligence, action or failure to act on our part, or that of our agents, franchises, employees, engineers or subcontractors;
(iii) Were the result of any fault, negligence, action or failure to act on the part of anyone other than us, our employees, agents, engineers or subcontractors, or by circumstances beyond our reasonable control;
(iv) Are indirect, consequential or business losses.
11.3 Nothing in these terms affects any statutory rights you may have or limits our liability for death or personal injury resulting from our negligence, or for fraud or any other liability which cannot be excluded or limited by law.
11.4 Should we, in spite of conditions 11.1 and 11.2, be found liable to pay you compensation or damages due to our breach of contract, negligence or other tort, you agree that our liability to you will not exceed the price paid under this contract.
Should you need to provide us with written notice in line with these terms, please direct this to Bee Warm Heating & Maintenance, 211 Manchester New Road, Middleton, Manchester, England, M24 1JT.
We maintain the right to transfer or subcontract any of our contractual obligations, including carrying out the installation, to another service provider of a similar nature. However, we won’t transfer our obligations under this contract if it would harm your rights under it.
If you are the Landlord or Facilities Manager of the property, it is imperative that you be present at the property on the set appointment and installation dates, and that you sign the completion certificate once the installation has been finished. Nobody else may sign on your behalf. We cannot carry out any part of the installation under the instruction of your tenant or accept any authorisation or approval (whether by signature or verbally) from your tenant on your behalf unless we have previously agreed in writing.
15.1 We will process your data in order to complete your order and for contract administration (including debt collection), risk assessment, marketing, offering of our company’s products or services (unless you have opted out), market research, after-sales service, system testing, account history analysis, and to detect and prevent fraud. Your information may be disclosed to our employees, agents, service providers, group companies and assignees for these purposes.
15.2 We may share your information with the persons mentioned in condition 15.1, relevant trade bodies (including Gas Safe Register) and all other associated organisations who may need to forward this information to the appropriate regulatory body to comply with Building Regulations or other regulatory requirements and/or to complete the installation and any after-sales services.
15.3 We may search credit reference agency files to carry out credit checks on you, and these agencies may record a copy of the search and share it with other organisations to aid in credit-related decision-making and to prevent fraudulent activity.
15.4 We may monitor and/or record your telephone calls for security and training purposes.
16.1 If either party chooses not to take action against the other despite a failure to comply with these terms, that party should not assume the same will be true on a future occasion.
16.2 We may change these terms at any time and will notify you of any changes as soon as reasonably possible. If the changes significantly disadvantage you, you may cancel the Order by notifying us in writing within 14 working days after we have sent you the notification of the change. If you cancel the order after the date for installation has been agreed, the provisions of condition 10.2 will apply.
16.3 Apart from you, no other person can benefit from the order.
16.4 The terms and the Order between you and us are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
16.5 If any of these terms are deemed invalid or unenforceable in whole or part by a competent authority, the validity or enforceability of the remaining terms will not be affected.
16.6 We shall not be liable for any delay or failure to deliver products or fulfil any obligations as specified in these terms if such failure is wholly or partly caused, directly or indirectly, by circumstances beyond our reasonable control.
16.7 We reserve the right to modify or extend promotions at any time.
16.8 This agreement, along with any referenced documents, constitutes the entire agreement and understanding between the parties regarding its subject matter. This supersedes any previous agreement between the parties relating to the same subject, as well as any prior promises, representations, and misrepresentations (whether oral or written), but without prejudice to the rights and liabilities of the parties before the date of this agreement.
