Terms and Conditions - The Boiler Company

Terms and Conditions – Boiler replacement

These terms are in addition to your agreed and signed and Quotation attached to this agreement.

Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies. The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or when we must comply with a new legal requirement.

Our “Services” - Anything offered by TheBoilerCompany.ie, across all the trades we may cover (Plumbing, Heating, Emergencies and Commercial): Enquiries • Estimates • Project Work • Installations • Repairs • Emergency Call Outs • Servicing

Terminology - For the purpose of these terms & conditions the following words have the following meanings: “Us/We/Our/ TheBoilerCompany.ie” - refers to CIK Mech Limited.

You” - refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).

“Tradesperson/tradespeople” - refers to the representative(s) appointed by TheBoilerCompany.ie to carry out work.

We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us. ©THEBOILERCOMPANY.IE

Payment Terms

All Boiler replacements to be paid in full 24 hours before installation date
Full heating systems to be paid 60% 24hours before installation date and balance to be paid on completion
Invoice issue – full and final payment required once works are complete
All materials supplied and fitted by TheBoilerCompany.ie will remain the property of TheBoilerCompany.ie until full payment has been made for work and services carried out
Once items and materials are fitted, responsibility of the security of these are the client’s sole responsibility and you as the client in this regard should ensure to have your premises insured

Following your agreement for us to carry out estimated or Pre-Booked work, full payment must be paid 24hours before work is to commence. We reserve the right to request full payment in advance at our discretion. Upon completion of full heating system works, you will be invoiced, for which payment is due on receipt. TheBoilerCompany.ie reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full. You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.

Materials supplied by us is the ownership of TheBoilerCompany.ie until your account is paid in full and final settlement.

If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.

If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.

Requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of €180.00. We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorised representative.
We will not be bound by any estimates given orally or in which manifest errors occur.
We accept no liability in respect of the nonattendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.

Supplemental Costs

The Price does not include the cost of removing any dangerous waste material, such as asbestos.
The cutting away and making good of the fireplace aperture is not included in the Price where a fire/back boiler unit is specified in the Sales Quotation. The removal of flue liners is also not included. TheBoilerCompany.ie does not accept responsibility for removal or reinstatement of any decorations or decorative features in the vicinity of the fireplace aperture.
You have no obligation to agree to any increase in the Price for carrying out the Additional Works, and if you do not agree to any Additional Works identified by us or if a Notification of Hazard is issued, either we or you may cancel the Service. In these circumstances, we shall remove any Boiler or central heating parts or Controls that we have installed, and shall restore your Property and Central Heating System (if applicable) to the state they were in before we began Works. We shall be entitled to charge you a reasonable amount to cover our costs in carrying out the Works up to the date on which the Service is cancelled and also in relation to restoring your Property and Central Heating System. We may deduct these costs from your Deposit and if the costs exceed your Deposit, we may recover the excess from you.

Quotations

The Sales Quotation is an offer by TheBoilerCompany.ie to carry out the Works at the Price and is made on the basis that we will only carry out the Works. The Price (inclusive of VAT) set out in the Sales Quotation shall be valid for a period of 7 days from the date of the Sales Quotation unless we notify you, in writing, that we have withdrawn or amended it during that period. To accept the Price, a minimum deposit of 50% must be paid (the “Deposit”), or finance approved through our finance partners.
We may run a credit check against you in advance of completion of the Works. The purpose of this credit check is to determine the appropriate payment terms for the Works. Payment for the full amount of the Sales Quotation is required at least 2 days prior to installation.
We will ask for your payment details and preferred payment method in advance of providing you with a completed Sales Quotation and will also advise you of the relevant amount. If you do not pay us any sum due under this Agreement when due, we may charge you a late payment fee equal to 10% of any amount outstanding.

Refusal to provide the Service

TheBoilerCompany.ie shall be entitled to refuse to provide the Service to you, at any time, without giving a reason.
We will not be obliged to carry out the Works unless:
you have accepted the duly completed Sales Quotation;
you have confirmed that you are the owner of the Property or the owner of the Property has confirmed to us, in such form as we may require, that he/she authorises the Works;
the scope of Additional Works (if any) has been agreed between you and TheBoilerCompany.ie
we are satisfied with your credit check results if applicable; and
you have paid the Deposit if applicable.

Cancellation

If you need to cancel (or rearrange) your booking, you must notify us (preferably by email or telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the booked time that would have been made by us, in accordance with the original instructions. ©TheBoilerCompany.ie

Satisfaction

TheBoilerCompany.ie are committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.

Guarantee

For your peace of mind, we provide a 12 month guarantee on labour carried out by a TheBoilerCompany.ie tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties. The guarantee will become null & void if the work/appliance completed/supplied by us is:

Subject to misuse or negligence.
Repaired, modified or tampered with by anyone other than a TheBoilerCompany.ie tradesperson.

We will accept no liability for, or guarantee suitability, materials supplied by you & will accept no liability for any consequential damage or fault. We will not guarantee any work in respect of:

Blockages in waste or drainage systems
Any defective pipework, fittings or valves which were not agreed to be replaced
Any heating work which has carbon or “gun barrel” pipework
Any work not deemed to be part of scope of works agreed
Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.

Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non- related faults arising from recommended work which has not been undertaken by us will not be guaranteed. Where we agree to carry out work on installations of inferior quality (or over ten years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.

Liability

We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from existing pipework, fittings and fixtures, other work overlooked or subsequently requested and not undertaken at the time. We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations. 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. ©TheBoilerCompany.ie

We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work. You will be solely liable for any hazardous situation in respect of the Domestic Gas Regulations or any Gas Notification of hazards issued by a TheBoilerCompany.ie tradesperson. Our tradespeople operate under their own individual Domestic Gas Installer 813 Registration and, as such, are solely responsible for any gas related work and subsequent liability.

Title to Goods:

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 have the absolute authority to:

Retake, sell or otherwise deal with or dispose of all or any part of these goods.
Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. The risk in such 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.

Conditions of Property and Appliance

This Agreement is subject to a suitable gas, electricity and water supply being available to your Property. The cost of providing such a supply is not included in the Sales Quotation unless shown as a separate item.
You are responsible for making sure that conditions at your Property are suitable for us to do the Works and the necessary facilities, services and supplies are already installed and working at your Property.
If we consider that the conditions at your Property are not suitable for us to do the Works (which may include the presence of asbestos at your Property) we will tell you what you must do before we can perform the Works, as set out in this clause
Before we start Works, you must clear any furniture or fittings from any rooms or roof space that we need to enter to do the Works.
The TheBoilerCompany.ie Consultant will agree with you how much clearing you will need to do. If you do not clear the furniture and fittings as agreed, we may charge you a reasonable amount to cover our costs for any delay. It is not envisaged that our Installation Engineers will be responsible for clearing any furniture or fittings, however if, due to your personal circumstances, you would like us to carry out any such clearing work, we may, at our discretion, do so but only on the basis that we are not liable for any damage caused as a result (unless we have been negligent).
If you do not comply with your obligations under this clause, we will have the right to cancel the Service.
Any work carried out by TheBoilerCompany.ie to an appliance does not imply that the appliance is adequately manufactured or installed or that it satisfies applicable standards or regulations. In no circumstances, does TheBoilerCompany.ie accept responsibility in relation to inadequacies with the original design or installation of an appliance or the hot water system (e.g. heating up time, incorrect radiator sizes, faulty pipe work or lack of water circulating in any part of the Central Heating System, or damage resulting from disturbance of existing supplies, tanks or cylinder). Moreover, TheBoilerCompany.ie does not warrant the fitness for purpose or condition of an appliance.
During the course of the Works, we shall endeavour to inform you of any deficiency or inadequacy attributable to or in the original design or installation of the Central Heating System or hot water system. We will also provide you with a quotation for rectifying such deficiencies or inadequacies.
We do not accept responsibility or liability for the quality or condition of any existing equipment or appliance in the Property (including, without limitation, the Central Heating System and hot water system or any part thereof).
We may identify and inform you that new parts need to be connected to your existing Central Heating System and you may instruct us to connect these new parts. Please note, however, that we will not accept responsibility or liability for the cost of repairing or replacing these new parts unless we have been negligent in connecting these new parts.
We accept no responsibility or liability where your Central Heating System fails to work properly, and such failure is attributable to inadequacies in your electricity or water supply or varying water pressures.

The quote is subject to that the premises conform with all current ETCI Regulations i.e.

Main electrical installation is correctly neutralized.
Main supply cable is of 10sq/16sq.
Earth electrode is in place.
10sq earth cable is present at gas pipe.
All relevant pipe work is earthed
Supply to boiler is RCD(trip switch) protected complete with 3 amp fuse.
Loop impedance readings and RCD tripping time is within given guidelines.

If any of the above electrical requirements are not present the responsibility and cost of the associated works will be that off owner of premises.

Limitation of Liability

The BoilerCompany.ie shall not be liable for any work carried out on your boiler, appliance or central heating system by a third party and we reserve the right to immediately terminate any warranty provided by us in relation to your boiler, appliance or Central Heating System where work is carried out by a third party without our prior written consent.
You hereby agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings brought against us together with all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on your boiler, appliance or Central Heating System by any party other than TheBoilerCompany.ie without our prior written consent.
In no circumstances shall we liable for any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services as a result of the Service.
We have no obligation, duty or liability to you, in contract or tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
Nothing in the Agreement purports to disclaim liability for fraud or for death or personal injury to you which is attributed to TheBoilerCompany.ie. In addition, nothing in the Agreement purports to contract out of the implied undertakings as to quality of service in Section 39 of the Sale of Goods and Supply of Services Act 1980.
When carrying out the Works, we will not accept responsibility for damage to radiator covers, carpets or other floor coverings caused by lifting or refitting, unless we have

been negligent in doing so.

Manufacturers warranty/ guarantee

These terms and conditions may vary depending on the manufacturers themselves, it is up to you, the client, to keep terms of extended warranties up to date and to read the terms and conditions outlaid by said manufacturer. We can not be held liable for any negligence on the part of the client if the manufacture denies warranty works

Force Majeure

TheBoilerCompany.ie shall not be liable if any or all of our obligations under the Agreement cannot be carried out or fulfilled for reasons beyond our control including, but not limited to, Acts of God, industrial dispute, explosion, flood, lightning, storms, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or disorder, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental authority, import or export regulations or embargoes, defaults of suppliers or sub-contractors or any act or omission of any nature whatsoever on the part of the Customer or its agents.

Use of Personal Information

The BoilerCompany.ie will comply with our obligations under any applicable data protection legislation.

In order that TheBoilerCompany.ie may perform its obligations under these Terms and Conditions and provide you with the service, TheBoilerCompany.ie may keep this information for a reason period after it has ceased to provide you with the service but will not keep it for any longer than necessary and/or as required by law.

Information which you provide or we hold may be used by us, our employees, subcontractors and/or our agents;

for the purposes of attending your property;
to help identify you when you call;
for contacting you in writing and/or by phone and/or by text message and/or by e-mail with information about other services and products offered by us and/or our carefully selected partners where you have consented;
to detect and prevent crime, fraud and loss;
for health and safety and risk assessment;
for administering accounts; and
for credit checking purposes.

We may carry out credit and fraud prevention checks with licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account may be recorded by these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention purposes.

The BoilerCompany.ie may disclose your information to other agents who act on behalf of TheBoilerCompany.ie in connection with the activities referred to above, including to any agent or third party service provider who TheBoilerCompany.ie may engage to assist us in the performance of the service. Such agents or third parties are only permitted to use your data as instructed by TheBoilerCompany.ie. They are also required to keep your data safe and secure.
In the event that you speak to any employees of TheBoilerCompany.ie (or agents acting on its behalf) by telephone, your telephone conversations may be recorded for quality control purposes. TheBoilerCompany.ie will treat the recorded conversation confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with TheBoilerCompany.ie or any other purposes mentioned in these Terms and Conditions.
In order to protect your privacy, you may also be asked to provide suitable proof of identification. If any of your details are incorrect please let us know and we will amend them.
You have the right to ask for a copy of your personal data (TheBoilerCompany.ie is entitled to charge a nominal administration fee for this). If you wish to avail of this right, you should submit by email to [email protected]

Marketing

The BoilerCompany.ie (and/or our agents) may wish to contact you from time to time by text message, email, post, telephone or in person with information in relation to a product or a service which you have requested or received from us. We may also contact you with information about new or additional products or services.

∙If you do not wish to be contacted with information about our products and services, please exercise your right of opt-out by emailing us at [email protected]

General

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 a duly authorised representative and you. Our terms and conditions will 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. These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with Irish Law and shall be subject to the exclusive jurisdiction of the Irish Law