Definitions

• Company: The entity performing the works, referred to as “we,” “us,” or “Highfield Heating and Gas Ltd” in these terms and conditions.
• Client: The individual or entity for whom the works are being performed, referred to as “you” in these terms and conditions.
• Works: The services and materials provided by the Company as described in the estimate.
• Estimate: The detailed proposal for the Works, including costs and descriptions, provided by the Company to the Client.

Terms and Conditions  

1. Care and Responsibility: Whilst all reasonable care will be taken during the execution of the Works, the Company accepts no responsibility for any faults or failures that may arise in existing pipework, fittings, and equipment as a result of disturbance caused by the proposed Works.
2. Non-Intrusive Survey: The Estimate is based on a non-intrusive survey of the property. It is assumed that the existing system to which we connect is in good condition and working order. Should we find any faults with the existing system, we reserve the right to correct them.
3. Dismantling and Reinstatement: Dismantling, clearing, and reinstatement of any fitted cupboards to permit the proposed Works will be charged at extra cost unless specified otherwise.
4. .Access to Floors: If it is necessary to gain access to floors below fitted carpets during the Works, we will lift and lay back the carpets upon completion. No re-stretching or fitting is included unless specified. For floors covered with thermoplastic tiles, vinyl sheet covering, cork tiles, or laminate flooring, no allowance has been made for reinstatement unless specified.

5. Service Isolation: During the execution of the Works, it may be necessary to isolate water, gas, and electrical services. This will be advised in good time, and the period of isolation will be kept as short as possible.
6. Making Good Holes: All holes formed during the Works will be made good upon completion. No allowance has been made for the reinstatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.
7. Casing and Painting: No allowance has been made for casing in of pipework or painting and decorating of the new works.
8. Access to Property: Unrestricted access to all relevant parts of the property must be afforded to us during the Works. Any delays caused by restricted access not notified at the time of survey may be subject to additional charges and/or delay in completion.
9. Involvement of Other Trades: Where other trades are involved in the Works and these trades are not under our control, any delays they cause to our progress may result in extra charges and/or delay in completion.
10. Continuous Work Visit: Unless specified, the Works will be carried out in one continuous visit. Extra visits at the request of the Client or caused by circumstances beyond our control will be subject to a surcharge and may affect the completion date.
11. Ownership of Materials: Ownership of any materials supplied, whether fixed or unfixed, shall not pass to the Client until payment in full has been received. We reserve the right to take legal action to secure payment for the Works carried out and materials supplied.
12. Out-of-Hours Work: No allowance has been made for out-of-hours working unless specified or to suit our own requirements.
13. Start and Duration of Works: All dates and times given for the start or duration of the Works are provided in good faith based on information gained during the survey and our current workload commitments. These times may vary due to unforeseen circumstances or circumstances beyond our control. No liability will be accepted for late completion in such circumstances.
14. Supplier and Manufacturer Guarantees: All materials supplied will be subject to the suppliers’ or manufacturers’ guarantees.
15. Substitution of Goods: While certain items may be specified by name or model, we reserve the right to supply goods of different manufacture provided they are suitable for the intended purpose.
16. Client-Supplied Materials: Any items or materials supplied by the Client for our installation will be unpacked and inspected in the Client’s presence. Any faults found will be pointed out, and it will be the Client’s responsibility to obtain replacements. Delays caused by faulty or damaged items may be chargeable and could result in us withdrawing from the site, affecting the completion date.
17. Additional Works: Any additional works requested by the Client during the execution of the specified Works will be charged at extra cost. An indication of such cost will be provided, and the Client’s agreement obtained before proceeding.
18. Validity of Estimate: This Estimate is open for acceptance for a period of 30 days.
19. Terms of Payment: Payment terms are strictly cash on delivery (COD) unless specified in the Estimate and must be adhered to as a condition of acceptance. We reserve the right to require a deposit for materials, with the remaining balance due upon completion of the Works. We reserve the right to charge interest at a rate of 8% per annum on overdue accounts.
20. Recovery of Costs: If payment terms are not met, the Client shall be liable for all costs, fees, disbursements, and charges, including legal fees, incurred by the Company in recovering unpaid invoices.

– In addition, an administrative cost of £50 will be added to any overdue invoice. – If we instruct a third-party debt recovery company, the Client shall be liable for all associated costs incurred by the Company in recovering unpaid invoices, including but not limited to collection agency fees, legal fees, and any other costs incurred in the collection process.

21. Dangerous Waste Materials: The price specified in the Estimate does not include the removal of dangerous waste materials such as asbestos found during the Works. This will be subject to an extra charge.
22. Acceptance of Estimate: Acceptance of the Estimate confirms acceptance of these terms and conditions.
23. Gas Supply Compliance: Prior to commencing work involving gas appliances, the existing gas supply will be subjected to a soundness test to ensure compliance with Gas Safe Regulations. Any faults found will be advised, and rectification works may incur additional charges.
24. Powerflush Treatment: Should the Works include a powerflush of the existing heating system, it is noted that while generally harmless, the process may reveal weaknesses in the system. Any rectification works required due to such problems may incur additional costs.
25. Combination Heating Boiler: If the Works include the installation of a new combination heating boiler unit or any conversion to a high pressure sealed system that is to be connected to an existing system, the Client should be aware that the higher pressures used by this type of boiler or system may reveal weaknesses in the existing system. Rectification works required due to such problems may incur additional costs.
26. Parking Fees: The Estimate does not include parking fees in controlled parking zones (CPZs). Any such fees incurred will be passed onto the Client.
27. Safety of Children and Pets: The Client is responsible for ensuring that all children and pets are kept away from the areas in which we are working.
28. Leasehold Property Permissions: If the Works are being carried out in a leasehold property, it is the Client’s responsibility to ensure all necessary permissions have been obtained in writing from the landlord or managing agents. We do not accept responsibility for any Works carried out without the necessary permissions. We can furnish details of the proposed Works if required at an additional cost.
29. Client Indemnity: The Client will indemnify Highfield Heating and Gas Ltd against all losses, damages, expenses, and costs on a full indemnity basis and hold Highfield Heating and Gas Ltd harmless in relation to:

– Any breach of this agreement.

– Any claim made by a third party against Highfield Heating and Gas Ltd while carrying out the Services for the Client, except any claim arising out of or relating to Highfield’s negligence or breach of this agreement.

– Any monies, costs, or disbursements expended by Highfield Heating and Gas Ltd on the Client’s behalf.

30. Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond the Company’s reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
31. Limitation of Liability: To the maximum extent permitted by law, the Company shall not be liable to the Client for any indirect, incidental, special, or consequential damages, or for loss of profit, revenue, data, or use, arising out of or in connection with the performance of the Works, even if advised of the possibility of such damages. The Company’s total liability to the Client for any claim arising out of or relating to the Works shall not exceed the total amount paid by the Client for the Works.
32. Dispute Resolution: Any disputes arising out of or in connection with these terms and conditions or the Works performed shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to mediation or arbitration in accordance with the rules of an appropriate body, prior to seeking resolution through the courts.
33. Confidentiality: Both parties agree to keep confidential and not disclose to any third party any confidential information obtained from the other party in connection with the performance of the Works, except as required by law or with the other party’s written consent.
34. Intellectual Property: Any intellectual property, including but not limited to designs, plans, or methodologies provided by the Company in connection with the Works, shall remain the property of the Company. The Client is granted a non-exclusive, non-transferable license to use such intellectual

34. Intellectual Property: Any intellectual property, including but not limited to designs, plans, or methodologies provided by the Company in connection with the Works, shall remain the property of the Company. The Client is granted a non-exclusive, non-transferable license to use such intellectual property solely for the purpose of the specified Works.

35. Data Protection: The Company shall comply with all applicable data protection laws in relation to any personal data shared by the Client. The Client consents to the processing of their personal data by the Company as necessary for the performance of the Works. This includes, but is not limited to, the following:

• Collection and Use: Personal data such as name, address, contact details, and payment information will be collected and used solely for the purposes of providing the services outlined in the Estimate and for invoicing and payment processing.
• Data Security: The Company will implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
• Data Sharing: Personal data may be shared with third parties only to the extent necessary to perform the Works. This includes sharing information with suppliers for delivery of materials or with subcontractors involved in the project. The Company will ensure that any third parties receiving personal data are bound by data protection obligations equivalent to those in these terms and conditions.
• Retention: Personal data will be retained for as long as necessary to fulfill the purposes for which it was collected and to comply with legal and regulatory requirements. Once the data is no longer needed, it will be securely destroyed.
• Client Rights: The Client has the right to access, correct, or request the deletion of their personal data held by the Company. The Client can exercise these rights by contacting the Company directly. The Company will respond to such requests in accordance with applicable data protection laws.
• Data Breaches: In the event of a data breach that compromises personal data, the Company will notify the Client and relevant authorities in accordance with applicable data protection laws and regulations.

36. Health and Safety Compliance: The Company will comply with all relevant health and safety legislation during the performance of the Works. The Client agrees to provide a safe working environment for our employees and subcontractors and to comply with any health and safety instructions provided by the Company.

37. Environmental Compliance: The Company will take all reasonable steps to minimize environmental impact during the performance of the Works, including proper disposal of waste materials. The Client agrees to cooperate with the Company’s environmental practices.

38. Insurance: The Company shall maintain adequate insurance coverage for public liability and employer’s liability as required by law. The Client is advised to ensure their own insurance coverage is sufficient to cover the Works and any associated risks.

39. Termination: Either party may terminate the agreement for the Works by providing written notice to the other party if the other party commits a material breach of these terms and conditions and fails to remedy the breach within a specified time period after being notified. In the event of termination, the Client shall pay for all Works performed and materials supplied up to the date of termination.

40. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any legal action or proceedings arising out of or in connection with these terms and conditions or the Works performed shall be brought in the courts of England and Wales.

41. Entire Agreement: These terms and conditions, together with the Estimate, constitute the entire agreement between the Company and the Client and supersede any prior agreements, understandings, or representations, whether written or oral. Any amendments to this agreement must be made in writing and signed by both parties.

42. Severability: If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

43. Waiver: No waiver of any term or condition of these terms and conditions shall be effective unless made in writing and signed by an authorized representative of the waiving party. No waiver of any breach of these terms and conditions shall be deemed a waiver of any subsequent breach.

By agreeing to these terms and conditions, the Client acknowledges and agrees to the terms outlined above, including the processing of their personal data as described in the Data Protection clause.