DEFINITIONS:
1. For the purpose of these terms and conditions, the following meanings shall apply: “Us/We/Our” shall mean Neil Rhucroft Heating Services Ltd. “You” shall mean you: the customer (the person or organisation for whom we agree to carry out works and/or supply materials). “Our representative” shall mean any person we send, instruct or employ to carry out work on behalf of us.

YOUR RESPONSIBILITIES:
2. By entering into a contract with Us you agree to be bound by these terms and conditions
3. You personally will be deemed to be our customer unless it is made clear to us who the customer is and we have confirmation that you have the right to instruct us on their behalf.
4. You must arrange for and allow us the necessary access to carry out the work.
5. You must obtain all necessary permissions, from any landlord or local authority prior to starting the work. Any delay in gaining access upon arrival will be charged at our normal rates. (Minimum 1hr charge).
6. An electricity supply (220/240v) is often needed. The customer is to provide this supply and also a suitable standard outlet reasonably near to the work. The supply will be of no cost to us.
7. You are responsible for the protection of any furniture, furnishings, fixings, fixtures and fittings within the areas of work whilst work is taking place. Whilst we make all reasonable efforts not to cause any damage, it is suggested that you remove any such items where possible from the area of work.
8. Unless otherwise stated within the contract description, You are responsible for the making good of any floors, walls, and surfaces through which we have to gain access in order to carry out our work.

TIMEKEEPING:
9. We will make every effort to attend each job during the time slot on the date agreed with you.
However, we cannot accept any liability for arriving late due to circumstances which are outside of our control.

MATERIALS:
10. Materials supplied by Us will be covered for the full duration of any applicable manufacturer’s warranty.
11. Where we carry out works for You using materials which You have supplied, We can take no
responsibility for the quality, fitness for purpose or otherwise of these materials and therefore cannot accept responsibility for them or provide a guarantee for them.
12. Collection of materials. We try to minimise the need for the collection of materials by carrying everyday stock items where possible. The time required to collect materials is charged at our normal hourly rates. If we do need to collect materials, we will always try to keep the time to a minimum.
13. Materials supplied by us will be provided with an Invoice from Us, supplier invoices will not be submitted to You under any circumstances. Any requests for this will be declined.
14. If You instruct us to buy materials and then cancel, we reserve the right to charge You for the cost of any time and materials/re-stocking charges incurred by Us. Charges will be those of Our normal terms and conditions.
15. In the event that materials supplied by You are found to be faulty or not fit for purpose, we reserve the right to charge for Our time (at our normal hourly rates) for any additional time spent working on, removing, repairing or sourcing and fitting replacement materials.
16. If materials supplied by You are not on-site at the necessary time, which has been instructed, we reserve the right to charge for Our time (at Our normal hourly rates) for any delays incurred.
17. If upon arrival we identify your problem and it is apparent that parts are needed to continue work which cannot be collected on that day, our time for attendance will be chargeable at 1-hour minimum.
18. Materials supplied to You by Us must be signed off upon delivery.
19. Title To Goods.
Materials supplied and delivered by Us to You, or your premises shall remain our property until paid for by You in full. Whilst materials 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 materials. At any time and without notice we shall also be entitled to enter any premises in which our materials, 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 materials.
20. Power flushing.
Power flushing to remove debris from a central heating system can, on rare occasions, expose
previously undetectable faults, weak points or breaches. We cannot be held responsible for any such preexisting conditions which might be revealed, or for any resulting damage which might occur.
Power flushing is not always 100% successful at removing blockages.
21. Hourly Rates.
Our hourly rates are available on request and may differ by service.
22. There is a minimum charge of 1 hour (at the 1st Hour Rate) on all jobs plus parts, thereafter work is charged per half hour (minimum).
23. Estimates are provided for work as a guide only and are subject to change.
Extras.
24. Where additional works (those which fall outside of the original contract/quotation) are requested or required by You, these works will be charged for at either an agreed hourly rate or fixed price at our discretion.
25. Where additional works are being charged at a fixed price, this price will be agreed with You prior to the commencement of the works.
26. Where additional works are being charged at an agreed hourly rate, this hourly rate will be charged per engineer hour on site.
27. Where additional works are being charged at an agreed hourly rate, the total invoice will consist of the total number of chargeable hours plus materials
28. Confirmation of Your agreement to additional works will be received prior to the commencement of work. This will be a written agreement between the customer and Neil Rhucroft Heating Services Ltd. This would be usually done by email and signed documents.

PAYMENT:
29.
29.a. Business-to-business payments.
We reserve the right to claim interest, compensation and reasonable costs under the Late
Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it.
If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
If Neil Rhucroft Heating Services Ltd instructs a debt recovery service/ solicitor/court to recover the outstanding debt the debtor will be held responsible for these costs. Invoices are payable on completion of the job unless agreed with Neil Rhucroft Heating Services Ltd.
29.b. Business to domestic consumer payments.
Payment is due upon completion of work. Payments which are overdue after 7 days will incur a penalty fine. This penalty is 10% of the invoice.
29.c. Deposits
A minimum of 25% or a deposit to cover material costs will be taken on every job, whichever is greater unless agreed with Neil Rhucroft Heating Services Ltd. This will be taken at the point of booking. See Your rights to end the contract and our Cancellation policy.

30. GUARANTEE
We provide a 12-month guarantee on materials supplied and installed by us, Boiler installations will be registered with the manufacturer and the manufacturer warranty will cover any boiler breakdowns. For boiler repairs and plumbing repairs where no parts were fitted a 1 month guarantee will stand. The guarantee will be voided if parts that were fitted are tampered with, repaired/interfered with by 3rd parties. Parts to which we have supplied and have failed due to sludge will not be covered under this guarantee.
31. Where total or partial payment remains outstanding no guarantee for works undertaken applies, guarantees only come into place upon receipt of full and final payment in cleared funds.
32. If you are not satisfied with our work or believe you are entitled to a refund, you must contact us, in writing at our registered address, within the guarantee period and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within the guarantee period, we shall have no liability. You agree to let our insurers inspect any works carried out by us.
33. Where it has been determined by Us that work which we have completed needs to be rectified, remedial works must only be carried out by Us. We will not accept responsibility for any payments due to third parties for the remedial works where our entitlement to carry out the works has been refused.
34. Things we cannot cover. We are unable to guarantee our work, parts and equipment supplied to you: if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us.
35. We cannot guarantee (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.
36. Our guarantees only cover the work which has been directly carried out by Us.
37. 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.
38. 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.
39. 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.
40. We reserve the right to refuse or decline to undertake any work.
41. We reserve the right, at our absolute discretion, to choose who will represent us.
42. 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.
43. The waiver of Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.
44. If any clause or sub-clause of these Terms is held by a competent authority to be invalid or
unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected, and they shall remain in full force and effect.
45. Your rights to end the contract
45.1 You may contact us to end your contract for the product(s) or services at any time before we have delivered it/them and you have paid for it/them, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where the product(s) and/or services are faulty or miss-described). You may also contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
45..2 If you are ending the contract for a reason set out at 45.2.1 to 45.2.5 below the contract will end immediately and we will refund you in full for any product(s) or services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
45..2.1 We have told you about an upcoming change to the product(s) and/or services or these terms which you do not agree to.
45..2.2 We have told you about an error in the price or description of the product(s) and/or services you have ordered, and you do not wish to proceed.
45..2.3 There is a risk that the supply of the product(s) and/or services may be significantly delayed because of events outside our control.
45..2.4 We have suspended supply of the product(s) and/or services for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 3 months;
45..2.5 You have a legal right to end the contract if we are in breach of this contract;

45..3 If you are not ending the contract for one of the reasons set out in clause 45.2, then the contract will end immediately and we will refund any sums paid by you for the product(s) and/or services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
45..4 If you end the contract after the product(s) have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract for one of the reasons specified in clause 45.2 above, or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances, you must pay the costs of return.

46. OUR RIGHTS TO END THE CONTRACT
46.1 We may end the contract for a product(s) or services at any time by writing to you if:
46.1.1 You do not make payments to us OR we are unable to collect payment from you when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
46.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) and/or services; or
46.1.3 You do not, within a reasonable time, allow us to deliver the product(s)/ services or collect them from us and/or give us access to your property to provide the services to you.
46.2 If we end the contract in the situations set out in clause 46.1 we will refund any money you have paid in advance for product(s) and/or 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.

47. How may we use your personal information
47.1 We will only use your personal information as set out in our privacy policy and Data Protection Regulation (GDPR):
47.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
48. Rights to cancel
Please see our cancellation policy
49. Missed appointments
Missed appointments will incur a £25 + VAT to cover the cost of booking an engineer, administration costs and the costs incurred to visit your property.
50. Consumer Rights
We will comply with the Consumer Rights Act 2015
51. Complaints
Please see our complaints policy.
52. Governing Law
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 English Law.

You will be asked to sign a document to accept these terms and conditions before any quotation or estimate for work can be carried out.