Terms & Conditions

10. All installation work will comply with current regulations/ standards and any amendments in force at the time of the works

11. All installation works will comply with applicable building regulations in force at the time of works

12. All materials installed will be in accordance with manufactures and current safety regulations. The materials used will be in accordance with existing materials used, i.e. copper pipe shall be used on

    existing copper pipework, unless otherwise specified in writing by customer or the company. If different materials are to be used to complete the works, this shall be discussed beforehand and revised within the estimate/ quotations and the customer will be notified

13. Where carpet or floor covering require lifting, the engineer will, with their best endeavour to avoid damages and attempt to refit to an acceptable standard. The customer may need to consider employing a specialist fitter to effect a fully satisfying reinstatement

14. Unless stated otherwise, all pipework (where applicable) will be concealed by chasing into building fabric or concealed in building voids, under floors, ceilings, etc. Where impractical pipes cannot be concealed, pipes will be neatly run on surface, either clipped direct or housed in trunking/ conduit

15. Unless agreed prior, chases to walls, etc. will be left unfilled. Final finishing of skim coat plaster and final decoration is not included unless otherwise stated in writing

16. Clearing and/ or moving furniture and/ or personal belongings and other items restricting or blocking access to work areas are not included unless stated otherwise in writing

17. Removal from site and disposal of rubble, fittings, pipework, materials, general waste and packaging is NOT included unless stated otherwise in writing

18. Boiler services and gas safety certificates are not an insurance against future breakdowns and/or repairs needed to appliances that have been looked at by the company. The purpose of gas checks and/or services are to make sure the gas appliance(s) are working safely, efficiently and to recommended safety regulations

Cancellation Rights

19. Under the Consumer Contracts Regulations 2013, the customer has right to cancel the contract during a period of 14 calendar days from the date of the notice is sent or given to the customer. During that period, if the customer chooses to cancel the contract, any money paid by the customer will be refunded, unless items that are made to measure or are custom made are unable to be returned

20. If the customer has already given written approval for the work to begin before then end of the cancellation period or the customer has contacted the company within a matter of urgency and requires that work is started as soon as possible, the customer may be required to pay for goods/ services already provided

21. If the customer wishes to cancel the contract, the customer must do so in a written format i.e. electronic mail or by post or deliver personally to the company. The customer may wish to use the cancellation form given by the company, but is not bound to use it. The customer must ensure that all writings are clear, concise and easy to read. If sent by post, the company is not liable for late delivery or missing letters and may require a further assistance with the courier, which is the customers responsibility to do so

22. The notice of cancellation is deemed to be served as soon as it’s posted and is th ecustomers responsibility to date their cancellation or in the case of electronic communication from the day it is sent

23. If the customer wishes for the work to start before the end of the cancellation period, then the customer

    must put this request in writing, together with the customer’s acceptance that if the contract is fully preformed during this period and prior to any cancellation, then the customer will lose their right to cancel. This request is to be made via letter, email or any other durable medium (i.e. allows the information to be addressed personally to the company and enables the company to store the information and access the information in the future) and can be served personally, sent via email or by post to Element Gas LTD via the contact information above

    24. If the customer wishes to cancel the contract, the company has the right to not to cancel on the basis of:

        1. If the customer has contacted the company and asked the company to call and undergo urgent

           repairs or maintenance to the customer’s property and/or contents, the customer has no right to

           cancel the contract and the information below does not apply to the contract

        2. If the customer has contacted the company in regards to cancelling goods that the company will

           supply has been made to the customer’s specification (i.e. custom made), then the customer

           retracts their right to cancel the contract and the information below does not apply to this contract

    25. The customer has the right to cancel without giving any reason, (which does not include those listed

        above). The cancellation period starts when the customer and the company both enter into the contract with the customer and will end 14 calendar days after the customer has taken possession of goods and/or services that the company has and/or was supplying to the customer

    26. If the customer wishes to cancel the contract, the company has the right to reimburse the customer the monies that has been paid, subject to certain possible deductions set out below. However, once the company has delivered the goods, the customer may wish for the company to start work straight away. The customer must put this specific request in writing due to the cancellation period. The customer has the right to cancel, but:

        1. The customer will have to pay a proportional cost, which may include labour and any services that the company has carried out up to the point that the customer has informed the company of the customers decision to cancel

        2. The company will not collect or remove any goods that the company has installed, unless the company has offered to do so. However, if the goods have not been installed and cannot be sent back to the company by post, the company will make arrangements to collect them. The company are not liable for any loss or damage occurred during transit by any third party

        3. The customer may remove the goods themselves and return them to the company to their address at the customers own expense within 14 calendar days of informing the company of the customers decision to cancel, unless the company had offered in writing. The company has no liability for costs incurred for returning goods

        4. The company has the right to reduce any reimbursement to take account of any loss in value of goods caused by any handling by the customer

    27. The company will make any reimbursement without delay to the customer and no later than:

         

        1. 14 calendar days after the day that the company has received the customer’s goods that the

           company supplied back from the customer in reusable order. The company cannot accept damage or loss to goods in your handling and the company has the right to deduct monies from your reimbursement, or

        2. If earlier, 14 calendar days after the day the customer provides evidence that the customer has returned the goods, or

        3. If there were no goods supplied or if there were goods and the company offered to collect them, 14 calendar days after the day on which the company is informed of the customers decision to cancel the contract

        4. The company will make the reimbursement using the same means of payment as the customer had originally used for the initial transaction, unless the company has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of the reimbursement

        5. The company may withhold reimbursement until the customer has received the goods back or the customer has supplied evidence of having sent goods back, whichever is earliest

        6.  

    Complaints

    28. If, after the company has carried out works, the customer is not wholly satisfied with the works, then the customer shall afford the company and its insurers the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate

    29. Where the company is unable to resolve any complaints using its own complaints procedures, the customer may wish to seek advice from Citizen’s Advice Consumer Services on 03454 04 05 06 or to 

        speak to a Welsh Advisor 03454 04 05 05. Alternatively, the customer can visit Citizen’s Advice website

        www.adviceguide.org.uk for more information
        30. In the unlikely event of a complaint arising, the company would like to express their understanding of

        the customer using other methods of resolution

         

         

        Warranty

         

        31. The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufactures warranty in force. The guarantee will become null and void if the work/ appliance is completed/ supplied by the company is:

            1. Subject to misuse or negligence

            2. Repaired, modified or tampered with by anyone other than the company operative. The company will not accept liability for, or guarantee suitability or materials supplied by the customer and will not accept liability for any consequential damage or fault

            3. The company will not accept liability for any loss or damage made by other tradesmen that has been recommended or not appointed by the company

            4. The company will not accept liability for faulty goods; i.e. faulty items. The manufactures warranty will cover any damage and the company will sort out a changing the product or arranging a suitable alternative if necessary. Please note, that this will be down to the suppliers and/or manufactures terms and conditions

        32. The company will not guarantee any work undertaken on instruction from customer and against the written or verbal advice of the operative/ engineer. Work is guaranteed only in respect of work directly undertaken by the company and when payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed

        33. The company shall not be held liable or responsible for any damage or defect resulting in from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by an engineer either verbally or provided in writing of other work which requires attention

        34. No responsibility is taken for any existing pipes, fittings, controls, components, etc. that are/ is defective or found to be defective

        35. The company cannot be held liable for other parts breaking where the company has completed works, i.e. if the company installs a radiator and an issue arises on pipe work connected, even if by coincidence

        36.  

        Risk and Title of Goods

         

        36. Titletoanygoods,suppliedbythecompanytothecustomershallnotpasstothecustomerbutshallbe retained by the company until payment in full for such goods has been made by the customer to the company

        37. In the event of goods not being used/ left over i.e. tiles, the goods may be subject to a restocking fee. If this occurs and the company is not at fault, the customer may be liable to pay the manufacturers or goods suppliers restocking fee. This is variable and is charged according to the suppliers terms and conditions

        38. If the customer contacts the company with a diagnosis from another tradesman, the company has the right not to accept the diagnosis and may require the company to visit the customer to diagnose at their own discretion

        39.  

        Payment

         

        39. Invoices are due for payment on satisfactory completion of works and on receipt of the invoice,unless otherwise agreed by the customer and the company in writing

        40. The customer shall accept sole liability to discharge the company’s account unless they disclosesto the company when initially instructing the company to carry out any work they are acting on behalf of a third party. The name of the third party will be provided on the written estimate/ quotation

        41. Where projects/ works involves a separate first fix and second fix works, the company reserves the right to request stage payments; 20% deposit, 30% on completion of the first fix and the final 50% on satisfactory completion

         

        Customer’s Responsibilities

         

        42. The customer will be responsible for access and utilities needed to carry out the work that the company was asked to do by the customer i.e. gas must be in credit on metres to carry out gas services or keys must be available to access properties

        43. If the work cannot be carried out by the company by either issues with access or utilities or the customer has not cancelled within their rights by written form, then the company has the right to charge the agreed price quoted originally to the customer

        44. If the company has been asked to delegate with tenants to arrange an appointment by a letting agent or landlord, the company is not liable for the tenant failing to attend the appointment agreed by the tenant, letting agent or landlord. The tenant must let their landlord or letting agent or let the company know directly that they will not be able to attend within a reasonable time, i.e. 24 hours’ notice before work is due to commence. If the tenant cancels with another party and not the company, the other party must let the company know, as failure to do so shall result in a cost to the letting agent or landlord as shown above

        45.  

        General Terms

        45. The company shall not be liable for any delay or for the consequences of any delay in preforming any of its obligations, if such a delay is due to any cause whatsoever beyond its reasonable control and the company shall be entitled to a reasonable extension of time for preforming such obligations

        46. The company and its operative/ engineers will act in a professional and responsible manner and may have to act on their professional judgement if a hazard or risk arises. The customer will be notified by verbal and/or written means and correct procedures will be followed in accordance with current regulations

        47. The estimates/ quotations are valid for 30 days from the date issued only, unless stated otherwise in writing

        48. The company shall make sure the customer is happy and will check that everything is to satisfaction after the works are completed. If the customer feels that works are not to standard, then the customer is free to contact the company by written form, to go over anything that needs resolving

        49. The company reserves the right to amend and update their Terms and Conditions at anytime

        50. It is the customer’s responsibility to make sure they are happy with the information supplied by the

            company i.e. T&C, Consumer Contract and Privacy Notice. If the customer is not entirely happy with the company’s information and/or practices, they must tell the company and the company will remove, if necessary the customer’s information and discuss alternatives by written form