Terms and Conditions
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013*
Notice of the Right to Cancel
Under the above regulations you have a right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.
However, if you have already given verbal or written approval for the work to begin before the end of the cancellation period you may be required to pay for services, expenses and associated goods already provided. Bespoke or any other items which cannot be returned to the retailer or offered for resale will be charged in full and made available for collection. Any shipping costs or re-stocking fees applied to returned goods will be passed on to the cancelling party if a business customer.
If you wish to cancel the contract, you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to Darren Mayne.
The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent.
Work commencing prior to the expiry of the Cancellation Period
I/We agree that Mayne Gas Heating may commence work before my cancellation period has expired.
I understand that if I decide to cancel within fourteen working days, I will be asked to pay for all work that has been carried out up to that point and prior to my cancellation regardless of its state of completion.
Acceptance of this quotation and giving instruction to the installer to commence within the 14 day period will be accepted as the bill payer being in agreement with all these terms and conditions.
*Not applicable for business customers.
TERMS AND CONDITIONS FOR HOME OR BUSINESS PREMISES
IMPROVEMENT INSTALLATION
1 DEFINITIONS
1.1 When the following words with capital letters are used in these terms, this is what they will mean:
1.1.1 The Home improvement: means the home improvement measure that you purchase from us and we will install for you under this agreement, as set out in your quotation document.
1.1.2 The Company (we, us, our): means Mayne Gas Heating Limited.
1.1.3 The Components: means any additional components required in order to install your home improvement.
1.1.4 Event outside our control: is defined in clause 9.
1.1.5 The goods and services: means the home improvement, the components and the installation services.
1.1.6 Installation Services: the installation services that we will carry out for you in relation to the Home improvement and the Components, as set out in the quotation document.
1.1.7 Order: means your order for the goods and services, by way of a signed quotation document.
1.1.8 Price: means the total amount payable to us for the goods and services, as set out in the quotation document and including VAT at the prevailing rate at the time payment for your order is made in full.
1.1.9 Quotation document: the document setting out the specification of the goods.
1.1.10 Terms: the terms and conditions set out in this document.
1.2 When we use the words "permanent media" in these terms, this may include in writing, e-mail, SMS text, recorded telephone conversation or confirmation of conversation issued in writing, email or SMS text unless we say otherwise.
2 OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply the goods and services to you.
2.2 Please ensure that you read these terms carefully, and check that the details on the quotation document and these terms are complete and accurate before you confirm your order by permanent media.
2.3 If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in permanent media to avoid any confusion between you and us. Unless we notify you otherwise, the quotation document will remain valid for 14 days. After this period your quotation document will expire and you will need to request a new quote from us.
2.4 When we receive your confirmation of order by permanent media, this does not mean we have accepted your order for the goods and services. If we are unable to supply you with the goods and services quoted, we will inform you of this and we will not process your order.
2.5 These terms will become binding on you and us when we issue you with confirmation of your order at which point a contract will come into existence between you and us. Your quotation number is your order number: please refer to your order number in all subsequent correspondence relating to your quote/order.
3 CHANGES TO ORDER
3.1 You may make a change to your order for the goods and services at any time before we start performance of the installation services. Where this means a change in the total price of the goods and services, we will notify you of the amended price
by way of permanent media. You can choose to cancel your order should you disagree or disapprove.
We may substitute any materials which may have become unavailable during the period between quote and the work commencing, or are out of stock, for alternative products of similar quality and cost. Efforts will be made to keep to the original specification wherever possible and any necessary changes may not be notified unless with finishes or bespoke items. In this event, cost variances will not be refunded but may be sought.
3.2 To make any change to your order please contact us at Mayne Gas Heating Limited, 2 King Edward Street, Grimsby, DN31 3JD. darren@maynegasheating.co.uk,
01472 241211.
4 INSTALLATION SERVICES
4.1 You may be required to make preparatory arrangements including, but not limited to, moving furniture and taking up floor coverings to enable us to perform the installation services. We will advise you of this prior to commencing the installation services. You will be liable for any costs relating to preparatory arrangements.
4.2 Where your property is a listed building, you may need to obtain certain permissions and consents in order for us to carry out the installation services (such as planning consents). You are responsible for obtaining any necessary permissions or consents and we may require you to provide reasonable evidence of the same. We will be unable to commence performance of the installation services until you confirm that you have obtained all necessary consents.
4.3 We will make every effort to complete the installation services in accordance with our best estimate of the timescales and will discuss and agree these with you.
4.4 In some cases (for example where your services, existing pipework or wiring requires replacement), we may have to perform additional work which may cause unavoidable damage to certain fixtures and fittings (for example, flooring, plastering, skirting boards, paint and wallpaper).
Subject to clause 4.5 below, any costs of restoring, redecorating or repairing any such damage is not included in the price unless specifically stated.
4.5 We will exercise reasonable skill and care to carry out the work without causing damage to your property. Where our performance of the installation services results in any unnecessary damage as a result of our negligence we will arrange reasonable repairs and agree these with you.
4.6 Please note that the price does not include removal of your old home improvement unless it is a statutory requirement or is specifically stated in your quotation document nor any associated components. The price does not include the costs of repairing or replacing any parts of your central heating system or home improvement which transpire or are discovered to be defective during the course of our performance of the installation services which were not discussed, obvious or apparent at the time we provided a quote to you and therefore were not specified within the quotation document. This refers specifically to the pressurisation of previously open-vented heating systems i.e. installation of a combination boiler, where components or pipework (surface, concealed or buried) may fail either immediately or subsequently, due to increased water pressure or altered expansion & contraction characteristics. Where we discover, or it transpires, that such additional work and/or components may be required, we will provide you with a separate quote for this.
4.7 The price does not include for the cost of removing any dangerous waste material (for example Asbestos). Where any dangerous substance or waste material (such as Asbestos) is uncovered during the course of our performance of the installation services, we will immediately notify you of this and suspend performance of the installation services if necessary. You will be responsible for arranging for and the costs of the safe removal of this substance by a suitably qualified person although we may be able to introduce you to a third party who provides such services. We will not recommence performance of the installation services until a "clean air" certificate (also known as a site clearance for reoccupation certificate) is produced.
4.7.1 Scrap metals removed and generated by the services, including wastage, will be removed from site and re-cycled unless alternative arrangements have been made prior to the work commencing. No monetary value will be offered nor negotiations entered into and no charges made for removal unless specifically mentioned.
4.8 We may have to suspend the installation services if we have to deal with technical problems, or to make improvements agreed between you and us in permanent media to the installation services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.9 To carry out the work, we may need to use sub-contractors. All sub-contractors are approved by us and will be appropriately qualified. For gas installations they will be Gas Safe registered.
5 IF THE HOME IMPROVEMENT OR INSTALLATION IS FAULTY
5.1 As a consumer, you have legal rights in relation to goods that are faulty or not as described and in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office. Nothing in these terms will affect these legal rights.
5.2 In the unlikely event that there is any defect with the goods and services within 12 months of the date that the installation services were completed please contact us and tell us as soon as reasonably possible. We will use every effort to repair or fix the defect within 48 hours where the defect might affect vulnerable people living in your property (such as children or elderly or disabled persons) and within 5 working days in all other circumstances. This guarantee excludes any defect in the installation arising from (i) fair wear and tear; (ii) wilful damage, abnormal storage or working conditions, accident, negligence by you or any 3rd party; (iii) failure to operate or use the home improvement in accordance with the user or manufacturer instructions, specifically re-pressurisation of sealed heating systems i.e. combination boilers or operation of end user controls i.e. time switches, thermostats, apps and programmers; (iv) failure to have the home improvement serviced or maintained in accordance with the manufacturer instructions; (v) any alteration or repair by any person other than the installer or their authorised representatives and; (vi) as a result of any particular specification by the customer.
5.3 We reserve the right to apply our standard charge rates to supply goods and services for non-warranty or non-guarantee issues that may arise as a result of any circumstances mentioned in clause 5.2. (i) through (vi) This charge will be payable at point of order and may be refunded in genuine cases.
6 THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS
6.1 The home improvement comes with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the home improvement.
6.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the home improvement where it is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
7 PRICE AND PAYMENT
7.1 The price of the goods and/or the services will be set out in your order. The price includes VAT. However, if the rate of VAT changes between the date of the quotation document and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and services in full before the change in the rate of VAT takes effect.
7.2 You will be asked for either full payment at point of order or to pay a deposit with interim payments during the installation. Extra work which is requested, agreed and completed at any time before, during or after the quoted works will attract an Ad Hoc invoice which may be presented for payment before the quoted work is complete. Any final payment will be due on completion of the installation or such other timescale as specifically agreed with you in permanent media. Payments of between £100.00 and £30.000.00 paid by credit card are protected under section 75 of the consumer credit act 1974. Any amount paid by credit card above the minimum amount of £100.00 deems the whole amount (up to the maximum £30,000) protected under section 75 regardless of the payment method (not including finance). This is the recommended method. Payments of any other amounts by any means other than Credit Card are not protected.
7.3 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.4 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 7.3 will not apply for the period of the dispute.
8 OUR LIABILITY TO YOU
8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
8.2 We will make good any damage to your property caused by our negligence in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of performing the Installation Services or any damage set out in clause 4.5 above.
8.3 Nothing in these Conditions excludes or limits the liability of the Company for:
- Death or personal injury caused by the Company’s negligence, or the negligence of its employers, agents or sub-contractors;
- Fraud or fraudulent misrepresentation; or
- Any other liability which cannot be legally excluded or limited.
8.4 If you are a tenant, you will need to obtain your landlord’s written consent before you instruct us to commence the installation services. We will not be liable, and you will indemnify us (be responsible for) for any losses we suffer because of your failure to obtain appropriate consent.
8.5 We will not be liable for and you agree to indemnify us in respect of any losses we suffer if you fail to obtain or otherwise provide us with false or inaccurate information about any other consents which may be legally required for us to carry out the work in your property (including, without limitation, any failure to obtain or breach of any planning consent required).
9 EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation: lockdowns, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.
9.2 If an event outside our control takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you.
9.3 You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the goods and/or services. Please see your cancellation rights under clause 10. We will only cancel the contract if the event outside our control continues for longer than 8 weeks in accordance with our cancellation rights in clause 10.
10 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 Before we begin to provide the installation services you may cancel any order within fourteen (14) calendar days of the day on which we confirm that your order has been accepted by us, by contacting us. We will confirm your cancellation in permanent media to you. If you have made any payment in advance for the goods and services, we will refund these amounts to you less costs.
10.2 By responding to the quotation document confirming your order with “please proceed with this order” in permanent media and with your agreement we may start performance of the installation services before the above fourteen (14) day cancellation period has expired.
10.3 Where we have commenced the installation services and you cancel your order, you will pay us any costs we reasonably incurred for the installation services carried out up to that date along with any components and (if applicable) any home improvement installed, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
10.4 You will not be able to cancel this agreement once the Installation Services are completed and the home improvement (and Components) is installed in your property.
10.5 If you wish to cancel please contact us:
Mayne Gas Heating Limited
2 King Edward Street
Grimsby
DN31 3JD
01472 241211
11 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 We may have to cancel an order before the start date for the installation services due to an event outside our control or the unavailability of stock, key personnel or key materials without which we cannot provide the services. If this happens, we will promptly contact you to let you know and refund any payment you have made in advance to you.
11.2 We may cancel the contract at any time with immediate effect by giving you notice by way of permanent media if you do not pay us when you are supposed to. This does not affect our right to charge you interest in accordance with this agreement or you breach this agreement in any other material way and you do not correct or fix the situation within fourteen (14) days of us asking you to in permanent media.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us to provide the Goods and Services, process payment for the Goods and Services and, from time to time, to contact you to inform you about similar products or services that we provide (you may opt out of receiving such communications at any time by contacting us using the contact details set out above).
12.2 Where you apply for credit to pay for the goods and services, we will handle your information in accordance with Schedule 2.
12.3 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that we do.
13 OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in permanent media if this happens, but this will not affect your rights or our obligations under these terms.
13.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in permanent media, and that will not mean that we will automatically waive any later default by you.
13.5 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
INFORMATION ABOUT US AND HOW TO CONTACT US
Company registered 5090571 in England and Wales. VAT number is 862353326.
Registered Company Address:
2 King Edward Street, Grimsby, DN31 3JD.
Registered Trading Address:
2 King Edward Street, Grimsby, DN31 3JD.
You can contact us by permanent media on 01472 241211. All calls are recorded. Or
by email at darren@maynegasheating.co.uk
Version 17 revised May 2024