For the purposes of these Terms of Business (hereinafter, “Terms”), “us” or “we” shall refer to Brighton Boiler Man Ltd (whose registration office is at: 32 Down Terrace,
Brighton, East Sussex, BN2 9ZH) and “you” shall refer to you, our customer. You have requested that we undertake certain works for you and, by allowing us to proceed with those works, you are indicating your agreement to the Terms set out below.
The value of the estimate is what we expect to charge you for the works, based on our initial discussions. In the event of unforeseen circumstances or unexpected issues arising, it may be necessary to review the original price and provide you with a new estimate. You have the right to accept or decline the revised price.
The written quotation follows the estimate and is the final price for the works discussed, including labour and materials, additional costs including expenses (if any) and tax. Any subsequent variation to the works (including, without limitation, if you change the scope or if unforeseen circumstances or unexpected issues arise) will likely result in a new or revised written quotation. You have the right to accept or decline the new quotation. Should you choose to decline, all works will cease and, on receipt of our invoice, you must pay in full for all works already completed in accordance with the original quotation.
(i) if you and we agree that you will be responsible for providing the measurements for some or all of the materials and/or products needed for the works, you alone will bear the cost of replacing the said materials and/or products in the event the measurements are incorrect;
(ii) if you and we agree that you will be responsible for providing some or all of the materials and/or products needed for the works, you alone will bear the cost of replacement in the event the said materials and/or products turn out to be faulty and/or unsuitable;
(iii) you will inform us, prior to the works commencing, of any hazards or potential hazards known or suspected in or around the premises where the works are due to be carried out;
(iv) you will grant us access to the premises where the works are to be carried out and will ensure that all necessary consents, permissions and licences, if any, have been obtained in advance of the works commencing;
(v) you will ensure the safe and secure storage of any materials and/or equipment left (with your permission) at the premises during the works, and will be accountable to us for any loss of or damage to such materials and/or equipment;
(vi) without prejudice to 4(i) and 4(iii) below, you will (unless included as part of the quotation) be responsible for any necessary improvements to and/or redecorating of the premises following the completion of the works.
(i) we will undertake the works with all due care, skill and diligence, will complete the works within a reasonable timeframe, and will ensure that we comply at all times with all applicable laws and regulations;
(ii) we will supply materials and/or products needed for the works (if any) that are of high quality and, without prejudice to 3(i) above, will take full responsibility for replacing any materials and/or products that prove to be faulty or substandard;
(iii) we will take good care of your property, furnishings and wall coverings and, on completion of the works, will remove any resulting waste material;
(iv) we will supply one or more, as necessary, of our dedicated team to undertake the works for you. Unless agreed otherwise, the person(s) supplied will be at our discretion and may or may not be the same as the person(s) who provided you with the original estimate and/or quote;
(v) we confirm that we hold, and will continue to hold, a valid and current Public Liability Insurance Policy and, where relevant, Employers Liability Insurance Policy.
For the avoidance of doubt, all materials and/or products supplied and delivered to you during the course of the works shall remain the property of Brighton Boiler Man Ltd until such time as the works have been paid for in full by you, following receipt of our invoice. Title to such materials and/or products will transfer to you only when full payment has been received by us.
Neither party shall be held liable for any delay or failure in fulfilling their obligations under these Terms where such delay or failure results from circumstances beyond that party’s control (including, but not limited to, an act of God, fire, act of government or state, prevention from or hindrance in obtaining any raw materials, energy or other supplies, industrial action or labour disputes of whatever nature, and any other reason beyond the control of that party).
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, you have a right to cancel the 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 written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.
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 the person named below. You may use the form below if you want to but you do not have to.
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.
Complete and return this part of the form only if you wish to cancel the contract
Customer Cancellation Notice
Name of customer:
Address of customer:
I/We hereby give notice that I/We wish to cancel my/our contract dated:
This notice should be sent to:
Name: Paul Lydon
Address: 32 Down Terrace, Brighton BN2 9ZH
Work commencing prior to the expiry of the Cancellation Period
If you wish for the work to start during the 14 day cancellation period you need to complete, detach and return this part of the form. Please retain the above in case you wish to subsequently cancel the contract within the 14 days cancellation period.
I/We agree that
(Insert name): may commence work on (date), before my cancellation period has expired.
I understand that if I decide to cancel within fourteen working days, I may be asked to pay for any work that has been done prior to my cancellation.
Name of customer:
Address of customer:
Full payment terms (including, where relevant, interval payments to be made by you) are as set out in the applicable quotation. For the avoidance of doubt, you agree to settle any undisputed invoice in full within 7 days of receipt.
The business always endeavours to provide the best service. However, on rare occasions there may be times where a customer may not be completely satisfied.
To ensure the business can put things right for you, as soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out based on the contract terms and to the high standards the business aims to achieve.
Please contact the business straight away with any concerns either by phone, email or write to us. If writing, get proof of posting.
Business Complaint Procedure
On receipt of your complaint the business aims to respond within 5 days.
The business will arrange a convenient date to come and view and/or remedy the situation within 28 days.
In the unlikely event the business is unable to resolve your complaint having exhausted the business complaints procedure, it may be necessary to use another complaint service. Where the business cannot resolve the complaint to your satisfaction and/or agree to the final resolution requests confirmed to us; and both parties agree a ‘deadlock’ has been reached, you can then escalate your complaint.
The business has access to an Alternative Dispute Resolution (ADR) service for our domestic installation, service, repair and maintenance contracts as part of the Which? Trusted Traders Endorsement. If you choose to you can refer your complaint to Which? Trusted Traders’ Alternative Dispute Resolution. You will need to contact Which? Trusted Traders on 02922 670 040 who can explain if you are eligible to use their Alternative Dispute Resolution.
Thank you for your business! We very much look forward to working with you.