Please read this document carefully, as it will tell you everything you need to know about how we deal with each other when we carry out installation work in your home. If you have any questions, please let us know before your works commence.

Terms of the Contract

 

  1. Terms of this contract between the customer and the company are covered in this document and specifications and installation documents provided to the Customer. No Variations of these installation specifications and installation documents shall bind either party unless such variation is made in writing and signed by each party (customer and company)

  2. The company, has agreed with the customer the requirements for the installation of the heating products as listed on the sales order form, may need to carry out a survey to take detailed measurements and/or specifications and any Contract is subject to the surveyors report and findings. The company reserves the right to decline the work detailed on the contract should its surveyors think fit to do so. Should this action become necessary, the liability of the company in these circumstances is limited to the refund of any deposit paid by the customer and these sums will be returned immediately.

  3. Any changes in materials and/or specification from those detailed on the sales order form will only apply when supported by the Company’s amendment forms which must be signed by both parties i.e. The company and the customer

  4. Delivery/Installation timescales are approximate and shall commence with effect from settlement of all details of the order and receipt of payment of any deposit (where applicable) and are made subject to fires, strikes or lockouts and any other cause beyond the control of the company interfering with its execution or completion of the contract.

  5. We will carry out the work during normal working hours Monday to Friday, but may on occasion need to implement overtime to achieve completion. It is a condition of this contract that your approval to such overtime is granted although we will endeavour to minimise inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrangement charged for and agreed on the sales order form, it may be necessary for us to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing. We will need access to the property at all times whilst the work is being executed and expect free use of water, electricity and gas to enable us to complete the work in accordance with this contract.

  6. Due to continuous improvement, the customer shall have the benefit of any modification the company may make to its products and procedures albeit these changes may be made without prior notice to the customer. All illustrations within the Company’s literature and that of its suppliers are subsequently intended as a guide only

  7. Payment of the contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have been made to the company’s representatives, the customer must retain a copy of the contract or invoice with the payment indicated and receipted by the person to whom the payment is handed. Cheques must be made payable to the Company only. If remedial work is necessary, the Customer may hold a maximum of 10% of the value of the invoice until such work is carried out. The company reserves the right to charge interest at 3% over Bank Base rate on any overdue balances on a daily basis until payment is made. All goods supplied remain property of the

Company even though installed, by way of a lien until fully paid for and the Company reserves the right of re-entry to remove any such goods whether fixed or otherwise, which remain unpaid for. The Guarantee shall be null and void if payments are not made on the due dates and the above conditions not adhered to.

  1. If the customer has entered into a Credit agreement via the company’s nominated finance providers, the terms of their agreement will apply as part of this contract. If the credit agreement is later cancelled, the subject to the terms of the 1974 Consumer Credit Act, the contact balance will become immediately payable. This does not affect your statutory rights.

  2. In the event of suspension or cancellation of the work at the request of the customer, or lack of instructions or delay on site caused by matters beyond the control of the Company, any extra expenses thereby incurred losses suffered shall be chargeable to the customer along with a reasonable addition for administration and overhead costs, This condition shall not be construed as to affect any statutory or common law rights of the customer

  3. It is the customer’s responsibility to ensure that any license, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.

  4. Whilst every care will be taken by the Company, it accepts no liability for any damage to plaster work, decorations, flooring etc. Which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedules on the sales order form. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floor boards will be re-instated or replaced where necessary but special and/or laminated floors cannot be permanently refixed. Any carpets which have to be lifted will be re-laid to the best of our engineer’s ability, however we cannot be held responsible for carpets which have been nailed or glued down. It should be anticipated that an amount of redecoration may be required and this will be the customer’s responsibility and is not included in the price. Similarly, the company accepts no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on the part of the Company.

  5. Your quotation, as per your Sales Order Form is valid for 30 days and work must begin within 90 days of your acceptance. (if applicable)

  6. If you are a tenant, you will need your landlord’s permission before you can allow us to start work. If you do not obtain your landlords permission, we reserve the right for you to compensate us for any losses we may suffer due to you failing to obtain your landlords permission

  7. If you property is a listed building, it is your responsibility to make sure that you get any permission you need before we start the work and we will need evidence from you that you have got this permission. If you do not get the permission you need, you may be prosecuted in the criminal courts. We will not be able to start any work if you have not got the appropriate planning permission or if you are unable to give us evidence that you have permission. If we carry out work at your property and you have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get the permission you needed, which may include court fines and penalties

 

Installation Warranty

  1. All new central heating systems/upgrades carry a comprehensive 1 year installation warranty from the date of installation. No guarantee can be given however of the integrity or suitability of any existing components being connected to and the company cannot be held responsible for the failure of any such components or defects existing within any part of the original system i.e. radiators, pipe-work, showers, taps etc. Where products are connected to existing hot and cold water pipes, tanks or cisterns, the installation is based on the assumption that the existing plumbing system is in satisfactory condition. Unless otherwise stated in the contract, the guarantee does not cover drains or defects due to fair wear and tear, the replacement of lamps/bulbs and fuses or any causes beyond the company’s control. If any repairs, alterations or additions to the equipment, installation and/or apparatus are carried out by a person who has not been authorised by Broad Oak Properties Ltd, the guarantee may be rendered null and void.

  2. As it is necessary that all pipes are accessible we will not normally bury them in solid floors or walls and pipes will be exposed in these situations. Boxing in of pipework is not included unless specifically detailed in the Sales Order Form

  3. Where combinations boilers are supplied, hot water flow rates will be reduced if more than one tap or outlet is used simultaneously. This is not a fault and is a characteristic of combination boilers.

  4. It is the responsibility of the customer to ensure a suitable gas supply and meter is available to the relative property. Where this is not the case, the customer will need to organise a supply via Transco or any other suitable pipeline provider. A gas meter will also be required, which will need to be arranged separately with a gas supplier. Any costs incurred for the same are borne by the Customer and are in no way part of this contract unless specifically included.

  5. The price we quote does not include the cost of removing any dangerous waste materials such as asbestos. You can call a specialist contractor to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a ‘site clearance for reoccupation’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.

  6. The price we quote includes removing all non-dangerous materials, including your own boiler and central heating parts we replace.

  7. The Contract price quoted is subject to any changes in VAT.

 

Radiators and Towel Rails

New radiators or towel rails where supplied and installed by Broad Oak Properties Ltd as part of a new central heating system or system upgrade are covered by the Company’s comprehensive 1 year parts and labour warranty from the date of installation. Where a customer’s existing radiators are being utilised and connected to, they will not be covered under the standard warranty and terms and conditions of Clause 13 will apply.

Thermostatic radiator valves will be fitted where applicable in accordance with current Building Regulations.

Mixer Showers and Electric Showers

Certain showers are compatible with both mains pressure and gravity fed water systems and will operate with either Conventional or Combination Boilers. However there are literally hundreds of brands and models of varying ages installed which are not always easily identifiable. Some of these are specifically designed to suit the existing system and are not interchangeable. Although our representatives will endeavor to advise accordingly, we cannot be held responsible should an existing shower be incompatible on connections due to age or type.

General

As part of our responsibility as Gas Safe Registered Engineers, we are required to connect any new gas appliance to a gas supply that is safe and sound. Consequently we will need to carry out a gas soundness test on the first day of installation of any new boiler or heating system. Should there be any leak or defect within the existing gas pipework we would have no alternative but to condemn the supply, or take steps to make the supply safe as necessary or repipe the supply prior to the installation work being carried out. Although a fairly rare occurrence, any such work is totally unforeseen and may have to be charged as an extra amount to that on the Sales Order. If possible, the technical surveyor will try and identify such faults at survey stage.

The cold water flow rate is measured using a flow measuring device in litres per minute at the time of the initial visit by our technical surveyor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken.

Where brickwork, stonework or other masonry has to be made good e.g. Original flue position from old boiler, we are unable to provide a match for the existing materials due to restrictions on availability and effects of weathering over the years. Wherever possible we will endeavour to provide a similar finish. Should a customer wish to provide his/her own materials for matching purposes, we will make an allowance in the calculations of the price agreed.

Boiler Warranty

Unless stated otherwise in Any Special Financial or Processing Arrangements’ (found on the customer order form) all gas boilers supplied and installed by Broad Oak Properties Ltd carry a 2 years, Manufacturer backed, Parts and Labour Warranty. All warranties are subject to annual service history. Please note, the price of the service is not included in the cost of the new boiler. The annual service must be implemented by a gas safe registered engineer and documentation must be made available to Broad Oak Engineers. Proof of annual service will validate the boiler warranty throughout the 2 year period. It is the customer’s responsibility to arrange the annual service.

 

Notice of Right to Cancel

You, (the customer) have the right to cancel this contract if you wish; this right can be exercised by delivering, or sending notice to katie@broadoakproperties.com, at any time within the period of 7 days starting with the date of receipt of this notice. The notice of cancellation is deemed to be serviced as soon as it is posted or sent or in the case of electronic communication from the day it is sent. If work on the above contract has begun, with your written agreement before the end of the cancellation period, you may be required to pay for any goods or services supplied. Any related credit agreement will automatically be cancelled if the contract for goods and services is cancelled.

 

If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (may be electronic mail) this to Broadoak Properties, Little Green Head, Kingsley Moor, Stoke on Trent, ST10 2EL  

 

Broad Oak Properties Ltd. Terms and Conditions

Terms and Conditions incorporated into the Contract between the customer and Broad Oak Properties Ltd

  1. Definitions wherever the following words appear in the terms and conditions they will have the following meanings

  • Application Form – the form of application for service plan signed by the customer

  • Boiler – An enclosed vessel in which water is heating and circulated, producing hot water for domestic use and for domestic heating located in the domestic premise, the address of which is shown on the contract

  • System – The heating system including radiators, standard hot water cylinders (custom made, boiler mate and Elson Tanks are not covered)  heating pipework, gas pipework within one meter from the boiler (pipework where accessible – access), pump, motorised control valves, radiator valves, boiler controls such as programmers, room/temperature thermostats, cylinder thermostats, time and pressure controls.

  • Central Heating system – includes boiler and system (as above)

  • Contract – The contract is the agreement between yourselves and us for the work set out in these terms and conditions in providing you with the service set out in the type of plan you have requested.

  • Contract Year – A period of 12 months commencing from the date we receive a signed contract if you have made payment in full to us by way of one payment. If you make payment to us by way of monthly direct debit the 12 months period will commence on the date we receive a signed contract and end on the last day of the same month the following year.

  • Domestic Premises – The Address referred to in the application form being premises used for domestic purposes

  • Emergency – means no heat and/or hot water in circumstances where you have an existing Contract with us

  • Force Majeure – means any circumstance beyond our reasonable control (including by way of example and not limitation) strikes, lock outs, industrial action, labour shortages and material supply shortages, road traffic delays resulting in our engineers not being able to attend at your Domestic Premises at any estimated time.

  • Interest – any sum or sums of money which are not paid by you to us on the due date shall carry interest at the rate of 4% above the base lending rate from time to time of Lloyds TSB Bank Plc.

  • We/us/our/Broad Oak – Broad Oak Properties (Company Number – 4375334) and our agents. Our contact address is Broad Oak Properties Ltd, Little Green Head, Kingsley Moor, Stoke on Trent, Staffordshire ST10 2EL. Our telephone number is 01782 550371

  • You/your/yourselves/Customer -= The person(s) named on the contract

  1. Using personal information

Information you provide or we hold about you  (whether or not under our contract or contracts with you) may be used by us or our agents to identify you when you contact us, help identify accounts services and products which you could have from us from time to time, help run and contact you about the improved running of any accounts, services, products we have provided before or provide now or in the future, carry out marketing analysis and customer profile, including with transactional information and create statistical and testing information, help to prevent and detect fraud or loss and contact you in any way (including mail, email telephone, visit, text or multimedia messages) concerning our products and services offered by us and selected partners.

We may allow other people and organisations to use information we hold about you to provide services you have asked for, as part of the process of selling one or more of our businesses, if we have been asked to provide information for legal or regulatory purposes or as part of current or future legal proceedings.

We may pass you address, property and postcode and details of your gas appliances, flue. Hot water cylinder, cistern controls and electrical installations (including details of any repairs or removals) to competent person scheme operators and other appropriate organisations including Gas Safe Register, ECA, NICEIC, NAPPIT, OFTEC etc. These may pass this information to local authorities to meet building regulations. They may also use this information to contact you to inspect appliances or cisterns, recall faulty products and carry out audits and for health and safety purposes. Where appropriate we will give you or the property owner (or both) a certificate to show your appliances and so on meet Building Regulations.

We may monitor and record communications with you (including telephone conversations and emails) for quality assurance and to make sure we are meeting our legal and regulatory requirements.

We may check your details with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of this search and the payment details from your account and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us and other organisations may search these records to help make decisions about credit and credit related services for you and members of your household, to trade debtors, recover debt, prevent fraud and manage your accounts for insurance policies, to check your identity to prevent money laundering unless you give us other satisfactory proof of you identity and carry out statistical analysis about credit insurance and fraud.

  1. Performance of our obligations and Force Majeure

    1. We will meet our responsibilities under this contract within a reasonable time and we will not be in breach of this contract or otherwise responsible or liable to you for any delay in performance or non-performance of our obligations under this contract in circumstances where Force Majeure applies and where Force Majeure applies we will notify you as soon as possible and he time for performance by us of any obligation on our part shall be extended accordingly

 

Complaints

Exceptionally, from time to time circumstances arise where problems can occur giving arise to complaints. If you wish to make a complaint to us concerning our performance and failure of our obligations under the terms of this Contract you must write to us at the address below setting out details of the complaint and we will let you have a written response within 14 days.

 

Broad Oak Properties Ltd

Little Green Head

Kingsley Moor

Stoke on Trent

Staffordshire

ST10 2EL

Telephone : 01782 550371

 

Please do not forget to state your name and address in any communications you make with us

 

  1. Third Party Rights

A person who is not party to this contract shall not have any rights or in connection with it by virtue of the Contracts (rights of third parties) Act 1999.

  1. Severance

    1. If any provision to this contract (or any part of any provision) is found by any Court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall to the extent required be deemed not to form part of this agreement and the validity and enforceability of the other provisions of this Contract shall not be affected

    2. If a provision of this contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

25 Governing Law and Jurisdiction

This agreement and/or any dispute arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.

Broad Oak Group of Companies:

Broad Oak Heating - Orange.jpg
Broad Oak Build - Red.png
Broad Oak New Build - Purple.png
Grant Funded Schemes - DK Blue.png
Broad Oak Renewables - Green.png

Email: heating@broadoakproperties.com | Telephone: 01782 559900

  • Black Facebook Icon

Site Created by Broad Oak Properties Ltd.© 2019.

Broad Oak Heating is a brand name of Broad Oak Properties Ltd. - ©2019 Broad Oak Properties Limited. All rights reserved.

Broad Oak Properties Limited is authorised and regulated by the Financial Conduct Authority. FCA registration No. 720224. We offer credit facilities from one lender which is provided by Sherman Financial Services Limited. Finance available subject to status. Terms and conditions apply. Broad Oak Properties acts as a credit broker and is not a lender. Any credit is subject to status, affordability and a credit check. Registered in England & Wales company No. 04375334 VAT No. 864778074. Broad Oak Properties Ltd, Broad Oak Estate, Broad Oak Lane, Green Head, Kingsley Moor, Stoke-on-Trent, Staffordshire, ST10 2EL.

We only install products from some of the best manufacturers in the industry