Terms & Conditions
1.0 OUR AGREEMENT:
1.1 The estimate and conditions appended below once confirmed become a contract between you and the company. Please read them carefully before signing them. Words which appears in bold type throughout these conditions have the following meanings:-
1.2 An Estimate is a tentative scope and cost of the work to be done
1.3 Order means Estimate signed by the customer and written
confirmation of goods/services by the company.
1.4 ‘Installation’ means the supply of the equipment or product and the related work required to install the equipment or product into the property as described on the order.
1.5 ‘Property’ means the domestic residential property specified in the Order.
1.6 ‘Price’ means the price for the installation as set out in the Order.
2.0 ESTIMATE AND CONTRACT
2.1 An Estimate for the Price of the Installation shall be provided, following a survey and assessment of the Property. 2.1.1 When you sign and submit the Estimate to Us, this does not mean We have accepted your work. Our acceptance of the Order will take place as described in clause 2.1.2. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Estimate
2.1.2 These Terms will become an Order, binding on you and Us when We issue you with a written acceptance, at which point a contract will come into existence between you and Us.
2.1.3 These Terms constitute the antiagreement between you and Us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which is not set out in these Terms.
2.2 The estimate provides a reasonable estimate of the Price but may not be the final price for the Installation. Please see conditions 2.4 and 2.5
2.2.1 Any samples, drawings, descriptive matter, or advertising issued by Us and any descriptions of the Goods or illustrations or descriptions of the Services contained in Our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the contract or have any contractual force.
2.2.2 Work consists of project, having all measures mentioned on the estimate. Work will be considered completed when all agreed measures are installed, and we will not do any partial / incomplete project. If the customer refuses any measure during project installation, all the completed measures will be charged at following rates. For External Wall Insulation, we will charge £150 per square meter of EWI insulated area, for Internal Wall Insulation £120 per square meter of IWI insulated area, Loft £1000, Room In Roof £4000, Heating Controls £500, Boiler £2000.
2.2.3 Moreover, if we need to install any additional measure as per requirement by funder, we have the right to install and there will be no extra charges.
2.3 The estimate shall be valid for 30 days from the date of the issue.
2.4 The estimate assumes that the Property is suitable for the Installation requested and that all necessary facilities, services and supplies (including the Property’s earthing and the supply of gas, water and electricity) are already supplied or installed at the Property and are in good working order and that your existing heating system (where applicable) is suitable for the Installation. If we later discover otherwise, we will tell you. At the time of installation, if the property is not suitable for the requested installation due to any technical reason or limitation of scope as per our expertise, we will communicate this to you and cancel the job without any legal binding on yourself and on us, and the provided estimate will stand null and void. If required, we may provide you with the reference of the company capable of doing this job. In this condition, the other company may furnish a new estimate based on their survey.
2.4.1 What changes or improvements need to be made before we can perform the Installation (or complete it if it has already commenced) or to ensure proper functionality and/or performance of the Installation and what additional equipment and/or work may be required. and
2.4.2 Of any increase to the Price.
2.5 If you wish to vary the Contract, please contact us immediately. It may not be possible to accept all variations if we have already incurred costs in relation to the Contract. We shall notify you of any change in the price because of a result of the variation.
2.6 We will only carry out Installations in domestic homes and not properties used for commercial purposes.
2.7 We will only accept an estimate, contract, credit application if you sign it. No one else may sign it f o r you.
3.0 OUR RESPONSIBILITY
3.1 We shall carry out the Installation in accordance with the Contract and any specifications which have been agreed in writing between you and us and shall exercise reasonable care and skill in carrying out the Installation and make every effort to ensure that the Installation and the equipment used in the Installation will be of satisfactory Quality.
3.2 We will:-
3.2.1 leave any plasterwork and/or brickwork disturbed, during the course of the Installation, in a safe, weather-tight and secure condition. We will only temporarily weather seal flat roofs (see condition 7.3);
3.2.2 Take reasonable care to avoid dirtying or causing unnecessary disturbance to the Property and shall leave the area in which the installer has been working in a clean, tidy and safe condition; and
3.2.3 Remove and dispose of any equipment or materials belonging to you which are to be replaced by equipment supplied in connection with the Installation (except any equipment or materials containing asbestos). If we dispose of any of your equipment or materials we will not be liable to pay you for that.
3.3 When Installation has been completed, we shall: –
3.3.1 Check to ensure that it is operating correctly and set any
relevant controls to their optimum settings;
3.3.2 Provide you with the manufacturer’s instructions for the equipment and instructions on how to operate the controls; at the later stage, any further assistance or service will be charged.
3.3.3 Complete the Handover paperwork in-accordance with all relevant laws and regulations. It is your responsibility (in addition to those in condition 7) to keep the Handover paperwork in a safe place as it may be requested for inspection by the manufacturer in the
event that the warranty referred to in condition 6 is relied upon; and
3.3.4 Provide any certificates relating to the Installation.
4.0 INSTALLERS AND SUBCONTRACTOR
4.1 We shall only use our approved installers to carry out the
Installation on our behalf us and who are suitably and properly
qualified to carry out the Installation.
4.2 Our installers normally work during the hours of 8am and 5pm Monday to Friday. Any appointments arranged at your request, outside these hours may incur a charge in addition to the Price.
4.3 All installers will show an identification badge on arrival and if you wish, you may telephone us on 01753394180 to confirm the installer’s identity.
5.0 DELIVERY
5.1 We shall contact you to agree a date to carry out the Installation. If we are unable to carry out the Installation on this date, we will contact you to agree an alternative date. We will not be liable for any costs or loss of income that you may incur as a result of any changes of date.
5.2 Our installers will require access to the Property to carry out the Installation. If we cannot gain access to your property on the
agreed date, an additional charge may be levied, and we will contact you to arrange another appointment. In the event of continued failed attempts to gain access to your property, we may cancel your Order.
6.0 WARRANTY
6.1 The Installation includes a 2 year workmanship warranty for all the installation work done and up to 25 years Manufacturer’s warranty from the date of the Installation. It is a specific term of the warranty that the installed product must be maintained as per manufacturer’s maintenance requirements given in handover paperwork. The Handover paperwork should be safely retained and produced for inspection at the time of any claim. The decision of Saviour Energy Solutions Ltd is final and no correspondence will be entered into. Claims will be processed within 7 working days of receiving completed details. The warranty is not transferable to any other person or any other product. Replacement parts are covered up to 2 years guarantee depending on the installed product. The warranty on any replacement part provided under this order does not extend the warranty period beyond the total warranty period. To benefit from the warranty, YOU must: –
6.1.1 Have your installed product be serviced and maintained
regularly as recommended in Handover paperwork thereafter to
activate the subsequent period of warranty up to but not exceeding the overall warranty period stated in your order; and
6.2 This warranty will not cover repairs relating to:-
6.2.1 Failure and leakage from existing pipework, radiators, valves, taps, showers etc, due to but not limited to pressurization;
6.2.2 In case of Solid Wall Insulation, damage to existing walls, its structure, or any related work.
6.2.3 Faults arising from willful damage caused to or misuse of any of the equipment installed as part of the Installation or allowing a third party to do the same;
(i) were not reasonably foreseeable to you and us when the Contract formed;
(ii) were not caused by any default, negligence, act or omission on our part, that of our agents, franchisees, employees, installers or subcontractors;
(iii) were caused by any default, negligence, act, or omission of any part than us, our employees, agents, installers or subcontractors or by circumstances beyond our reasonable control; or
(iv) indirect, consequential or business loss
6.2.4 Any defect which is a result of fair wear and tear; or
6.2.5 Damage or breakage which 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 set out at condition
6.1.1 and 6.2.1 above;
6.3.2 You fail at any time to follow the manufacturer’s instructions (whether provided to you verbally or in writing) and relevant standards and regulations;
6.4 Should a fault that is covered by the warranty occur during the warranty period you should contact the manufacturer. The warranty is for your benefit only and is not transferable.
6.5 Any additional warranty provided by a manufacturer in relation to any other parts and equipment used as part of the Installation shall be the responsibility of the manufacturer. The manufacturer’s terms and condition shall apply
6.6 Should you require an installer’s visit as part of any workmanship warranty claim, you are required to pay a £100.00 call out deposit, this call out deposit will need to be paid prior to the installer’s visit, and should be paid by calling with your debit/credit card details to 01753394180. The call out deposit will be returned if the fault is related to our installation, however in the event that the fault was part of any work undertaken by others on our installation, or found to be on your existing system, the call out deposit will be retained and we are not obliged to fix or repair under these circumstances. We also reserve the right to retain the call out deposit if you fail to keep your appointment.
6.7 Nothing in the warranty affects your statutory rights as a consumer. For further information about your statutory rights contact your local authority, trading standards department or citizen advice bureau
7.0 YOUR RESPONSIBILITY
7.1 It is your responsibility unless otherwise agreed in writing to:-
7.1.1 obtain all permissions and consents (for example Planning
Permission, Building Consent, consent from landlords, local authorities, neighbors, mortgagees’ access, parking access/permits) which are required before we can carry out the Installation;
7.1.2 ensure that all necessary facilities, services and supplies to
enable the proper functionality and performance of the Installation (including the Property’s earthing and the supply of gas, water and electricity) are supplied or installed at the Property and are in good working order and that your existing heating system (where applicable) is suitable for the Installation (including all costs associated thereto);
7.1.3 clear all furniture and fittings from any rooms or roof space which we will need to use to carry out the Installation and lift any flooring other than normalsoftwood floorboards (for example tongue and groove, parquet, chipboard, hardwood, rubber or tiles) prior to commencement of the Installation and
replace such flooring following the Installation;
7.1.4 paint the radiators or pipe work and/or box in any pipe work or chase pipe work into the solid floors or walls and replace any flooring following completion of the Installation; and
7.1.5 Remove any dangerous materials from the property such as asbestos, if any asbestos is removed from the Property you shall produce a clearance certificate to our installer. Our installer will not be able to carry out any further works until the certificate is produced and failure to provide this certificate may cause delays and prevent our installer from completing the Installation.
7.2 You acknowledge that it may be necessary to disturb, and alter the required parts of the property and its fixtures and fittings when carrying out the installation and that there may be a degree of redecoration required following completion of the installation and that you will be responsible for (including the cost of) any redecoration including replacing or repairing damage caused to fixtures, fittings, carpets, decorations in the Property (other than damage caused by our negligence)
7.3 You acknowledge that we will not temporarily weather seal flat roofs and it is your responsibility to permanently ensure that the sealing is sound, unless we have expressly priced as part of your quote for a roofing company to carry out works on your behalf
7.4 It is your responsibility to notify your household, buildings, or contents insurers, should such be required, of any changes to the property brought about by the provision of the Services and in so far as the same is insurable to ensure appropriate insurance cover is affected. You are strongly recommended to check the insurance policy, schedule and terms and conditions to see if such notification is required and if there is any doubt you should notify the insurers in writing of the proposed Services before such work commences.
7.5 Under no circumstances shall you climb or otherwise interfere with the scaffolding, or permit others to do so. It is absolutely prohibited for anyone other than Our staff members or those engaged by Us to provide the Services to make use of the scaffolding and you will notify any visitors to the property accordingly on the grounds of health and safety.
7.6 Although We make every reasonable effort to keep materials out of the reach of others, materials that can be hazardous to health are used in connection with the provision of the Services and you should take precautions to ensure that you do not come into contact with the same. You are absolutely prohibited from interfering with any materials or equipment used by Us in connection with the provision of the Services.
7.7 In case of any query received from funders, utility or any certification bodies, you have to give us access for remedial work. Failure to comply with, you will be charged with the funding reversed from any of mentioned above.
8.0 PRICE
8.1 The Price of the Installation includes:-
8.1.1 the cost of equipment, product, parts, Laboure, delivery, and any other additional costs specified on the estimate including value added tax at the current rate at the date of the Installation; and
8.1.2 the cost of removing and disposing of any redundant equipment removed from the Property during the Installation.
8.2 The Price does not include the cost of making good any disturbances, alterations or damage or any redecoration required to the Property following completion of the Installation (except as stated at condition 3.2.1 above).
8.3 If additional work is necessary during the Installation which could not have been reasonably identified at the time the survey was carried out, we will provide you with an estimate for this
additional work. If you request us to proceed with the additional estimate for the cost of the additional equipment and/or work shall be due from you under the Order, if you do not request us to proceed with the additional estimate, we will use reasonable endeavors to conclude the original estimate, but we will not be liable for any diminished performance or functionality of the
Installation.
8.4 Any equipment/product installed or to be installed in the Installation will remain our property until we have received the Price
8.5 The additional cost occasioned by any of the following shall be immediately payable by you:
8.5.1 We have made no allowances for mobile toilets within the
contract price, and it is assumed that permission will be granted to use your facilities. Should this not be possible, an additional cost will be incurred for the hire of a mobile toilet which will need to be located on site;
8.5.2 We require a constant supply of water and power throughout the duration of the installation. If this cannot be provided, we must be informed prior to commencement to ensure other arrangements can be made. This may result in additional cost;
8.5.3 Vehicular access and parking on or near the site is required. We assume that parking will be organized by you and that any required permits will be supplied by you at your cost. If this transpires not to be the case, then additional costs will be incurred;
8.5.4 Where possible, we will remove and reinstate some services, such as TV and broadband. These will be re-positioned to the best of our ability. However, if a service is lost a specialist may be required at additional cost. Other services may have to be insulated around, such as gas and electricity meters;
8.5.5 Our quotation allows for the removal works for any fence lines or gates that may interfere with the installation of external wall insulation. Should the fence or gate be found to be beyond repair once removed then We reserve the right to request that a new fence or gate be supplied (by Us or you) at your expense. We hold no responsibility for damage caused in removing any item, unless caused by Our negligence;
8.5.6 If any fixtures or fittings that need to be moved to perform the Services have not been moved by you, then there will be an additional charge for Us to move the same;
8.5.7 We are unable to take responsibility for rainwater goods, pipe work, fixtures, and fittings that due to their poor condition are rendered unusable once removed to facilitate the installation. Should this be the case, there may be the need incur the cost of installing replacement items;
8.5.8 Where there is shared or limited access to the property, we may need to enter neighboring properties to erect scaffolding or otherwise provide the Services. The responsibility for gaining permission rests with you prior to works commencing. Should any permissions not be gained, there will be an additional cost as a result of the delay and/or disruption caused as a result;
8.5.9 You are responsible for making a storage area available to Us throughout the duration of the provision of the Services. If you fail to do so, then We will need to make alternative arrangements at additional cost; and
8.5.10 The contract price does not include any costs associated with sheathing overhead supply cables to make them safe for our works. Please contact your District Network Operator (DNO) to arrange for this to be done should you decide to proceed with the works. Please note the DNO takes approximately 12 weeks before the shrouding is carried out so it is of utmost importance this is applied for straight away.
8.6 If additional work is necessary during the Installation which could not have been reasonably identified at the time the survey was carried out we will provide you with a quotation for this additional work. If you request us to proceed with the additional quotation the cost of the additional equipment and/or work shall be due from you under the Order, if you do not request us to proceed with the additional quotation, we will use reasonable endeavors to conclude the original quotation but we will not be liable for any diminished performance or functionality of the Installation.
9.0 PAYMENT
9.1 The price for the Services will be set out in the estimate
9.2 By signing the estimate/terms and conditions, you agree that you are happy with the estimate that has been provided in respect of the details of work, cost of the Services and Payment mentioned
9.3 We reserve the right to request payment of the Price in full at any time prior to completion of the Installation.
9.4 In the event that you do not pay as per payment mentioned in estimate, we have right to stop the work until we get paid. If the payment is not made within 14 days you shall be liable to pay the whole sum set out in the estimate together with interest at a rate of 20% above the base rate from time to time of Bank of England.
10.0 CANCELLATION
10.1 You may cancel your Contract (unless the Installation has already commenced) within 14 days from commencement of the Order by writing to us at Saviour Energy Solutions Ltd, Regal Court, 42-44 High Street, Berkshire, SL1 1EL and quoting your customer reference number.
10.2 If you cancel the Contract once the date of Installation has been agreed (except where we are in serious breach of our obligations) we will be entitled to retain a fair and reasonable proportion of the deposit already paid by you as a contribution towards any losses or costs that we suffer as a result of your cancellation.
10.3 In addition to the right at condition 5.2, we may cancel your Contract if we are unable to carry out or are prevented from carrying out the Installation (or a substantial part of it) due to something which could not have been reasonably identified at the time the survey was carried out or which is beyond our reasonable control (including any health and safety issues).
10.4 If you wish us to proceed with the Installation before 14 days have elapsed since the commencement of the Order due to the work needing to be immediately replaced and you being in a distressed position then we will only proceed with the Installation if you sign a disclaimer of your rights to a cooling off period.
11.0 EXCLUSIONS AND LIABILITY
11.1 We shall not be liable for any:-
11.1.1 Failure to complete job due to the weather beyond human bearing capacity, or snowfall that may restrict the mobility of our resources from our workplace to the installation venue.
11.1.2 Failure to complete job due to change of policy by government which may cancel the current scheme entirely or partially which ultimately change our scope of work.
11.1.3 Failure to complete job due to any pandemic (announced by government) that may restrict or hold the mobility of our human resource or restricting the number of people in a closed proximity or dwelling or completely banning the out-door movement.
11.1.4 Failure to complete job due to shortage of labor due the point above.
11.1.5 Failure of or to the Installation (or any part of it) which is caused by a factor beyond our reasonable control including (without limitation) any variation to your gas or electricity supply or inadequate water supply; or
11.1.6 Due to market conditions or a prevailing pandemic, or due to Material Shortages or close down of the factory producing the recommended equipment and/or the appropriate replacement equipment is also not available in the market, or due to any lock down in the market, or due to shortage of the trained labor, or due to Health & Safety measures for customers or labor/contractors, or due to change of scope as per 2.4.2 (if any).
11.1.7 Failure developing to or from your existing property conditions following the Installation (which has not been caused by our negligence); or
11.1.8 warranties or negligent or innocent misrepresentations made by our agents or sub-contractors.
11.2 We will not accept liability for any losses you incur that:
11.3 Nothing in the conditions affects any statutory rights that you may have or excludes or limits any 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 If, notwithstanding the provisions of conditions 11.1 and 11.2, we are found liable to pay you compensation or damages due to our breach of contract and or negligence or other tort then you agree that our liability to you will not exceed the Price paid under this contract.
11.5 In case of Solid Wall Insulation, unless otherwise agreed by Us in writing in advance of the provision of the Services commencing, any decorative features to the external of the building will not be preserved/maintained in the process. We shall have no liability to you in this respect.
11.6 Variations in the quality, size, texture, shape, finish, and appearance of Goods can arise in the installation process. We shall not be liable for minor variations, blemishes, or imperfections inherent in the installation process. In the event of a dispute the Goods and/or Services shall be judged in accordance with the manufacturer’s specifications and generally accepted tolerances in
the industry
12.0 NOTICES
If you need to give us written notice in accordance with the conditions you should send the notice via registered post to Saviour Energy Solutions Ltd, Regal Court, 42-44 High Street, Slough, Berkshire, SL1 1EL.
13.0 OUR RIGHTS TO ASSIGN AND SUBCONTRACT
We reserve the right to assign or subcontract any of our obligations contained in the Contract, including the carrying out of the Installation to another provider of similar services provided that we shall not assign our obligations under this Contract if this would prejudice your rights under it.
14.0 LANDLORDS
If you are the Landlord of the Property, you must be present at the Property on the agreed appointment and installation dates and sign the completion certificate there as soon as the Installation is completed. No one else may sign for you. We cannot undertake any part of the Installation under the instruction of your tenant or accept any authorization or approval (whether by signature or verbally) from your tenant on your behalf unless we have otherwise agreed in writing.
15.0 DATA PROTECTION
15.1 We will process your information to enable us to carry out your order and for administration of the Contract (including debt collection), risk assessment, marketing, and the offering of any of our company’s products or services (unless you have opted out), market research, after sales service, system testing, analyzing your account history and to detect and prevent fraud. Your information may be disclosed to our employees, agents, service providers, and assignees for these purposes
15.2 We may share your information with the persons mentioned in these terms & conditions and relevant trade bodies (including Gas Safe Register) and all other associated bodies who may need to pass this information on to the relevant body to comply with Building Regulations or other regulatory requirements and/or in order the carry out the Installation and any after sales services.
15.3 We may search the files of credit reference agencies to carry out credit checks on you and the agencies may record a copy of the search and may share it with other organizations to assist with 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.
16.0 MISCELLANEOUS PROVISIONS
16.1 If on any occasion either you or us agrees to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion.
16.2 We may vary these conditions at any time and shall notify you of such change as soon as is reasonably possible. Where the variation is of significant disadvantage to you, you may cancel the Order by notifying us in writing within 14 working days after we have sent you the notification of the variation. The variation shall not apply to an Order which has been cancelled. All deposits and pre-payments paid to us by you shall be refunded as a result of such cancellation, unless the date for Installation has been agreed by you. If you cancel the Order after the date for Installation has been agreed by you, the provisions of condition 10.2 shall apply.
16.3 Other than you, we do not intend that any other person can
benefit from the Order.
16.4 The Conditions 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 and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other terms and conditions shall not be affected.
16.6 We shall not be liable for any delay or failure to deliver products or otherwise perform any obligations as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control as in 11. 16.7 We can alter or extend promotions at any time.
16.8 This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties in respect of the Agreement’s subject matter and supersede any previous
agreement between the parties relating to the subject matter of this Agreement and any prior promises, representations and misrepresentations (whether oral or written) relating to the subject matter of this Agreement but without prejudice to the rights and liabilities of the parties accrued before the date of this Agreement.
17. DOCUMENTS FOR YOU
Upon completion of the job, a set of final relevant documents will be emailed or dispatched to you for your reference and safe storage by you.
18. TITLE OF EQUIPMENT AND GOODS INSTALLED.
All the items, equipment and or goods installed will remain the property of the company until all the amounts owed to the company are settled and paid.
18.1 signing off the job may make you liable to pay the invoice and settle the dues.
18.2 Saviour Energy Solutions Ltd reserves the right and may pass your information to our business partners and seek their professional services to recover the amount in case you fail to settle the invoice as stated above.