TERMS & CONDITIONS
These are the terms and conditions (‘terms’) on which we supply products to you, whether these are boilers or our associated installation services.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By placing an order you agree to be bound by these terms.
It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible if you have registered.
1. About us and how to contact us
1.1. We are Simply Fit Home Solutions trading as Simply Fit Boilers, a company registered in England and Wales. (Here within referred to as ‘Simply Fit’). Our company registration number is 12263452 and our registered office is at 188 Catherine Way, Newton-le-Willows, WA12 8RD.
1.2. Our registered:
- 1.2.1. VAT number is 347440792;
- 1.2.2. FCA number is 810654;
1.3. You can contact us by telephoning our customer service team at 01925 877 457 or by writing to us at email@example.com or SimplyFit, 188 Catherine Way, Newton-le-Willows, WA12 8RD. You can also contact us via WhatsApp via this number; 01925 877 457.
1.4. If we need to contact you, we will do so by telephone, text message or by writing to you at the email address you provided to us in your order.
1.5. When we use the words “writing” or “written” in these terms, this includes emails.
2. General Terms
2.1. The quotation and ordering processes provided are solely for your personal use. To place an order via the website you must be at least eighteen (18) years old. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the quoting and ordering platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the platforms and you agree to use the platforms on this basis.
2.2. The customer warrants that the information they provide during the online purchasing process is true and accurate. If we find any inaccuracies in the information provided by you, then we reserve the right to cancel the contract between you and us and provide a full refund to you, the customer. All quotes and purchases are subject to inspection either in person by our engineers or via photos provided before confirmation of the scheduled delivery date.
2.3. The contract is subject to availability of appliance(s), equipment and other materials. Where necessary we will offer a suitable alternative, if available, which will be subject to your acceptance.
2.4. Any reviews or comments made by members of the public on this website are their opinions only and do not form any part of the specification or advice given by ‘Simply Fit’ about products or services we supply.
2.5. Any concession, latitude or waiver allowed by ‘Simply Fit’ at any time shall be without prejudice to their strict and full rights under this contract and shall not prevent ‘Simply Fit’ subsequently exercising such rights.
2.6. This contract is governed by the laws of England and Wales. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is England or Wales, and by the courts of Scotland if your property is in Scotland.
2.7. Nothing in this contract affects our legal rights or powers. Nothing in this contract affects any of your statutory rights that cannot be excluded by law.
3. Our registrations
3.1. ‘Simply Fit’ treats all information supplied by customers as confidential and will only pass on such information as is required to fulfill the obligations set out in this contract. Such instances as; creating and fulfilling invoices, fulfilling an agreed installation and registering product warranties with product manufacturers.
As part of our agreed service agreement we request that our customers allow us to contact them regarding their annual boiler service schedule 12-months after installation. A customer may opt out at any point.
3.2. ‘Simply Fit’ is registered with the Financial Conduct Authority (FCA 810654) and may introduce you to third party finance providers if this is your preferred option of payment.
3.3. ‘Simply Fit’ is registered and monitored by Gas Safe (Gas Safe registration number 639344).
4. Our contract with you
4.1. If you wish to place an order for our products and associated services, please contact us via our website to obtain a quotation. Once we have received information from you about your current boiler set up and your property’s heating requirements, we will provide you with a quotation detailing the price for the products that you wish to purchase. If you wish to proceed with your order, please complete the online checkout process. Our acceptance of your order will take place when we email or phone you to confirm that your order has been accepted after viewing photos of your current system, at which point a contract will come into existence between you and us.
4.2. By making an order, you agree that you:
- 4.2.1. are aged 18 or over;
- 4.2.2. are either the owner of the property detailed in the quotation, or that the owner of the property has granted you permission to purchase and install a new boiler;
- 4.2.3. that all of the information which you have provided us about your circumstances and the condition of the property are true, accurate and complete in every respect; and
- 4.2.4. you understand that the quotation price is based on the assumption that all existing structures, materials, pipework, gas supply, electrics and connected appliances are of good condition and that after an assessment of your property, any problems that arise may require us to make an adjustment to the quotation price (see clause 7.3 for further details).
4.3. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. You will not be entitled to any compensation or price deductions as a result of us not being able to accept your order.
4.4. In emailing you to confirm acceptance of your order We will:
- 4.4.1. Confirm the scheduled installation date and provide an order number. It will help us if you can tell us the order number whenever you contact us about your order; and
- 4.4.2. confirm details of the product purchased and the total cost including upgrades or additional costs.
4.5. If any of the information which you provided on order changes prior to the date of delivery of the products you must notify us of this fact. At this stage we shall assess whether this affects our ability to deliver the products, timescales, the price or any other matter relating to the contract.
4.6. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
5. Our products
5.1. The images of the products on our website, marketing material and social media platforms are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2. Our current online ordering process does not currently support boilers which work with twin flue options. If your current boiler has two flue pipes (e.g. one for exhaust and another for air intake), or the boiler is in the centre of the house and flue exits through the wall, please contact us prior to placing an order to discuss your options and to request a free home survey.
5.3. Our current online ordering process does not support more complex installations, commercial systems or full heating systems. If you require one of these options, please contact us for a free home survey instead of using our online booking system.
6. Your rights to make changes
6.1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 13 – Your rights to end the contract).
7. Our rights to make changes and assessment of the property
7.1. We may make minor changes to the product to:
- 7.1.1. reflect changes in relevant laws and regulatory requirements; or
- 7.1.2. implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7.2. We will carry out an assessment of your property prior to the delivery date to verify the information which you provided at the time of placing your order and to ensure that the products can be installed using the installation equipment that we have with us. This may be done via photos, but if required, a free home survey will be conducted prior to installation.
If we determine that the installation equipment is insufficient and we cannot install the products on the original delivery date, we will explain the reasons for this and discuss alternatives with you including delays to the installation which may be necessary. In these circumstances you will not be compensated for any time off work, loss of earnings, childcare costs or any other costs.
7.3. In the event that the results of the assessment of the property or any unforeseen circumstances make it clear that:
- 7.3.1. a significant amount of additional installation equipment will be required; or
- 7.3.2. the length of the flue required to install the boiler is more than one (1) metre in length;
- 7.3.3. any suspected asbestos containing materials are found at the property;
- 7.3.4. the gas supply is not safe and sound or of adequate size; or
- 7.3.5. the installation services required are in excess of or more complicated than originally set out in the quotation and this could not reasonably have been foreseen when providing the quotation,
then we may make an adjustment to the quotation and in doing so, the process set out in clause 17 shall be followed. In the event that any adjustments to the quotation are not agreed to, you may end the contract before the adjustment takes effect and receive a refund for any products paid for but not received. Where such changes are due to inaccuracies, untruths or incompleteness in any of the information which you provided to us, we may make a proportionate deduction from the price based on our activities up to that point.
7.4. If any asbestos related materials are found at the property, we will either cancel the contract with you (see clause 15) or postpone the installation until the material has been professionally removed and a Clean Air Certificate has been provided. No compensation of deductions will be made for the delay or if it is confirmed at a later date that there are no asbestos related materials present.
7.5. We will also carry out a gas soundness test to check that the gas supply is safe and sound. If there is a leak or defect within the existing gas pipe work we are required by law to condemn the supply, or take steps to make the supply safe or re-pipe the supply prior to installation being carried out. This cost will be assessed and provided as an additional quotation once the scope of the job is ascertained.
7.6. We reserve the right to require you to sign a document to confirm your agreement to any changes to the contract prior to commencing work.
8. Providing the products
8.1. During the order process we will provide you with several options for a delivery date of which you can select your preferred delivery date. We do our best to supply and install the products to you in accordance with your preferred date, but you agree that we cannot make any guarantees due to stock levels of the chosen product. We will contact you by telephone to confirm the delivery arrangements a minimum of 1 days before the delivery date. If you do not answer, we will leave a voicemail or send you a confirmation email and your order will consequently be put on hold until contact has been made and a date confirmed.
8.2. We will aim to arrive at your property between 7am and 9:30am (or such other time period notified to you) depending on where the installation equipment is collected from and the traffic on the day.
8.3. The costs of delivery are included in the quotation. Additional journeys to and from your property due to inaccuracies, untruths or incompleteness in any of the information which you provided to us may be charged for additionally.
8.4. We are reliant on the supply of products from third party manufacturers. If our supply of the products is delayed by an event outside our control, including a failure on behalf of our third party suppliers, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.1. If you do not allow us access to your property to perform the installation services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 15.2 will apply.
9.2. Before the boiler is installed, we will drain the existing system where necessary and any visible redundant materials will be disconnected and taken away from your property unless otherwise agreed before commencement of the job. Some redundant materials with restricted access may be left in situ to minimise risk, cost and/inconvenience, but will remain disconnected from the system. This will only be done with prior agreement by the customer.
9.3. We will carry out a gas soundness test to check that the gas supply is safe and sound. If there is a leak or defect within the existing gas pipe work we are required to condemn the supply, or take steps to make the supply safe or re-pipe the supply prior to installation being carried out. This work may be charged for in addition to the quotation price in accordance with clause 7.3.
9.4. We will always try to terminate the condensate pipe from the boiler internally to avoid freezing. Where this is not possible, we will take the pipe outside to the nearest drain using the appropriate sized pipe work. Soakaways and condense pumps are a last resort and may be subject to additional charges if you do not mention them during the order process. When the boiler has been installed, we will fill the system and ensure that a corrosion proofer is present. We will also complete a mains hot flush of your heating system. This involves heating up and circulating water around the system and then flushing out contaminated water using pressure. For the avoidance of doubt, we will not carry out a power flush unless quoted for prior to your installation date. If you feel your system needs a power flush due to sludge build up or your system is relatively old, please contact us prior to your booking in day for a quote.
9.5. If necessary, we can remove the cold-water storage tank, cylinder, feed and expansion tank providing that it can be removed in one piece. If we find that the existing cold tank contains asbestos cement, we will drain the tank and use plastic sheets to seal the tank and it will stay inside the loft subject to water by-laws in the local area.
9.6. If the system is being converted from conventional to combination, we will connect to the existing pipework and test as much as possible on the day of installation.
9.7. We will test and adjust the controls of the boiler and leave the system in proper working order. We will complete any necessary safety assessments and where possible ensure that you understand how to use the boiler controls before we leave your property. If you opted for an upgrade to SMART controls, we will endeavour to get your smart phone connected to the controller, but where problems arise with app control or manufacturer system connections we will leave your heating system fully operational but will direct you to the SMART controller manufacturers help-line for additional support. The customer will need to be present for this setup to be completed via their device. If this is not possible, suitable setup instructions will be provided before leaving the job.
9.8. We will carry out all the wiring of the boiler and controls to the existing electrical system. If any additional electrical assistance is required, you are responsible for instructing an electrician and any associated costs. If the installation cannot be completed because electrical assistance is required, we may charge you the cost of the re-visit to complete the installation.
9.9. We will register the installed products warranty with the product manufacturer within 30 days of the installation. The details of any warranties will be stated on your order. For the avoidance of doubt, any warranty is provided by the product manufacturer and not us. Confirmation of the customers registration name and address accuracy is down to the customer. Most warranty documentation is provided by the manufacturer via email, so an up to date email address may be required.
9.10. We will provide you with a benchmark sheet and a service booklet and manual. If these are not provided on the installation date, we will provide them to you within a reasonable time thereafter. Warranty registration, gas safe certificate and building compliance certificates are registered online and the relevant documents will be sent to the customer within 30 days either via post or email. All post and email details are based on information provided by the customer. If documentation is not received within this 30 day period, please contact ‘Simply Fit’ with your order number and we will get the information re-sent.
9.11. The products will be your responsibility from the time we have delivery and installed them at your property.
9.12. YOU DO NOT OWN THE PRODUCTS UNTIL WE HAVE RECEIVED PAYMENT IN FULL AND YOU HEREBY AGREE TO GIVE US FULL AND UNRESTRICTED ACCESS TO YOUR PROPERTY TO COLLECT THE PRODUCTS WHERE YOU DO NOT PAY IN FULL FOR THEM.
10. Incomplete installations
10.1. If any issues arise which mean that the installation cannot be completed on the installation date, the engineer will leave the area clean and tidy and we will contact you to arrange for the installation to be completed.
10.2. If the fault is deemed to be caused by your existing heating system, we reserve the right to charge you for any additional services and re-visits to your property.
11.1. ‘Simply Fit’ holds a Gas Safe Licence and has public liability insurance.
12. Your Obligations
12.1. You acknowledge and agree that you shall be required to:
- 12.1.1. have a member of your household present at the property at the scheduled time on the delivery date;
- 12.1.2. notify us of any restrictions, special information or requirements in your local area, requirements that you may have which may prevent us from accessing your property easily or that we may otherwise need to take into account in connection with delivery including but not limited to whether there are any steep stair climbs, stairs longer than 20 steps, parking restrictions or carrying distances of more than 30 metres;
- 12.1.3. provide true and accurate photographs of your current heating system before installation takes place;
- 12.1.4. remove any items from the areas of the property in which we shall be performing the installation services or using as an access route, prior to us commencing the installation services;
- 12.1.5. allow and enable us clear, uninterrupted, safe and easy access to, movement around and egress from all parts of the property which we shall be required to use;
- 12.1.6. allow us to leave our equipment at your risk in a securely locked location at the property when we are not at the property; and
- 12.1.7. comply with all other reasonable requests made by us from time to time.
12.2. You warrant and undertake that any information, measurements, facts or representations made by you or provided to us by you is accurate, complete and true in all respects and you agree and acknowledge that we shall not be liable to you for any losses suffered or incurred by you where we perform the installation services in reliance on these. You must immediately notify us in the event of any such information being altered or where you realise that it is incorrect.
13. Your rights to end the contract
13.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- 13.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back), see clause 16;
- 13.1.2. If you want to end the contract because of something we have done or have agreed in writing with you we are going to do, see clause 13.2;
- 13.1.3. If you have just changed your mind about the product, see clause 13.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions if costs have been incurred;
- 13.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.4.
13.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out (clauses 13.2.1 to 13.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- 13.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.3);
- 13.2.2. we have told you that additional installation services are required and you do not wish to proceed;
- 13.2.3. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- 13.2.4. there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 13.2.5. you have a legal right to end the contract because of something we have done wrong.
13.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days (cancellation period) and receive a refund of any payments you have made. The 14-day cancellation period commences when we email you to confirm that your order is accepted. The cancellation period finishes at the end of 14 days after the day on which the contract is entered into.
13.4. If you have agreed with us during the order process that we can commence the installation services within the cancellation period and you change your mind within the cancellation period we shall charge you in accordance with clause 14.6.
13.5. Even if we are not at fault and you do not have a right to change your mind (see clause 13.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
14. How to end the contract with us (including if you have changed your mind)
14.1. To end the contract with us, please let us know by calling customer services on 01925 877 457 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order, your phone number and email address.
14.2. If you end the contract for any reason after the products have been delivered and installed, you must allow us to uninstall and collect the products from you. Please call customer services to arrange for this to take place. Fees that are applicable will be discussed prior to collection.
14.3. We will pay the costs of return if:
- 14.3.1. the products are faulty or misdescribed and cannot be repaired under warranty; or
- 14.3.2. you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, additional installation services are required, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
in all other circumstances you must pay the costs of return.
14.4. If you are responsible for the costs of return, we will charge you the direct cost to us of collecting and uninstalling the products.
14.5. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
14.6. If we have commenced with the provision of the installation services within the 14 day cancellation period, we shall charge you reasonable fees based on the value of the installation services that have been carried out and the reduced value of the products.
14.7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and:
- 14.7.1. If the products have been uninstalled and collected from you, within 14 days of collection; or
- 14.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14.8. If we are uninstalling the products for any reason, you accept that we will not be able to install the original heating system because this will have been disposed of.
15. Our rights to end the contract
15.1. We may end the contract for a product at any time by writing to you if:
- 15.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- 15.1.2. you do not, within a reasonable time, allow us to deliver and install the products to you;
- 15.1.3. you do not allow and enable us clear, uninterrupted, safe and easy access to, movement around and egress from all parts of the property which we shall be required to use;
- 15.1.4. you have provided us with incomplete or incorrect information about your property which means that we cannot complete the installation;
- 15.1.5. you act unreasonably or in an obstructive manner when we attempt to deliver and install the products;
- 15.1.6. any suspected asbestos containing materials are found at your property and you do not take steps to have them professionally removed;
- 15.1.7. it is for any other reason unsafe to complete the installation; or
- 15.1.8. we are unable to provide the products.
15.2. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
16. If there is a problem with the product
16.1. If you have any questions or complaints about the product, please contact us.
16.2. We are under a legal duty to supply products that are in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
16.3. If you wish to exercise your legal rights to reject products, for smaller items you must post them back to us, or for larger items that have been installed, you must allow us to uninstall them and collect them from you. Please call customer services to arrange collection.
17. Price and payment
17.1. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order save to the extent that is adjusted in any way in accordance with these terms. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 17.4 for what happens if we discover an error in the price of the product you order.
17.2. In the event that additional installation services are deemed necessary after the assessment of your property has taken place, the quotation will be adjusted to account for these additional services. We shall send you an email which confirms the adjustment to the quotation within 2 working days from the original delivery date. Unless you notify us of your rejection of such adjustment within 2 working days, you shall be deemed to have accepted the adjustment in all respects. Where you do not accept the adjustment, please see clause 13.2.
17.3. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
17.4. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
17.5. We accept payment with all major credit and debit cards, as well as PayPal. You must pay for the products when you place your order via the online checkout. We require payment in full or a finance application of active status before the products can be ordered. Failure to make payment will result in delay to the installation.
17.6. IF YOU DO NOT MAKE ANY PAYMENT TO US BY THE DUE DATE, WE MAY CHARGE INTEREST TO YOU ON THE OVERDUE AMOUNT AT THE RATE OF 4% A YEAR ABOVE THE BANK OF ENGLAND BASE RATE. 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 JUDGEMENT. YOU MUST PAY US INTEREST TOGETHER WITH ANY OVERDUE AMOUNT.
18. Finance agreements
18.1. If you have entered into a separate credit agreement, it is your responsibility to cancel this if you choose to cancel the agreement between you and us.
18.2. If the cost of the installation changes, or changes to the products result in a lower price, you may choose to re-apply for finance. If you choose not to re-apply for finance, you may be entitled to receive a refund for the price difference between the quotation price and the adjusted price.
19.1. Most of the significantly valuable products we supply will be supported by a manufacturer backed parts and labour warranty. To claim under the warranty, you must ensure that the boiler has been maintained and inspected by a Gas Safe registered engineer on an annual basis. The cost of inspection and servicing which takes place after installation will not be included in the product price.
19.2. It is your responsibility to organise and keep records of service for the products. These records must be produced to the manufacturer on request if you are making a claim under the warranty. Any warranty will be void without these records.
19.3. Any auxiliary products which are supplied (e.g. radiators and thermostats) will usually be supported by a 12 month parts and labour warranty. Other components and equipment such as filters will have individual warranties. These will differ depending on their specific manufacturers. Please contact us to obtain details of these warranties.
19.4. The installation services will be carried out by a Gas Safe registered engineer. The installation of new fittings, pipes and workmanship have a 12-month warranty including parts and labour. This warranty is provided by us and does not affect the boiler warranty. Original or old fittings not touched during installation are not covered by this warranty.
19.5. You will not be able to claim under a warranty where failure, fault or problem occurs due to:
19.5.1. Failure by you or any third party in the operation, inspection, servicing or care of the products which is not done in accordance with the manufacturer instructions;
19.5.2. Deliberate vandalism or damage;
19.5.3. Any damage which occurs as a result of circumstances which are out of the manufacturer’s or our control; or
19.5.4. Variations in the flow rate of water going to any of the installed products.
19.6. Replacement of bulbs, filaments, batteries, or lamps are excluded from the warranty. Timers, lockout devices, thermostats and other devices connected to equipment, and not part of the original installation, are also excluded from the warranty after the expiry of the individual items warranty period which has been provided by the product manufacturer.
19.7. We will not carry out a visual inspection or test of the existing heating equipment at your property, unless it is part of our duties required by law. The risk of the existing heating system failing when the new products are installed is your responsibility. If you would like to reduce this risk, you may arrange a suitable inspection of the existing system before the new products are installed. This additional inspection is not included in the product price. Where a system is faulty or damaged before the installation, a full test is not possible. It cannot be guaranteed that all components are full functional until after installation of the new system. Liability for external or additional components at fault are not the responsibility of ‘Simply Fit’ but of the customer.
19.8. If we attend your property and no faults are found, or the issue is in relation to something that is not covered by the warranty, or the issue is due to any fault or failure of the existing system we will make an appropriate charge to cover the cost of the visit.
20. Our responsibility for loss or damage suffered by you
20.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
20.2. For the avoidance of doubt, we are not responsible for any failures of the existing pipework, fixtures, fittings and/or appliances already attached to your heating system, or any damage as a result of these failures, unless they are caused by our failure to use reasonable care and skill.
20.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
20.4. We will make good any damage to your property caused by us while providing the installation services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the installation services.
20.5. This online quoting system may only supply products for domestic and private use. If you use these products for commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. For all other business or commercial installations, please see our commercial terms and conditions.
21. How we may use your personal information
22.1. We are continuously monitoring the current coronavirus situation and following the UK Government guidelines.
22.2. We may have to delay your installation date if our engineers are unwell and/or self-isolating due to coronavirus. These delays cannot always be preempted. We will endeavour to find and arrange an alternative install date as soon as possible. We will not be responsible for any costs incurred by you for installation date changes due to coronavirus, such as time-off work and childcare.
22.3. You must notify us if anyone in your household is classed as vulnerable and you will be required to confirm in writing that you understand the risk posed by the engineer’s attendance for installation purposes.
22.4. We will not attend your property to install the products if you or any member of your family are self-isolating due to coronavirus. If your planned installation date currently falls during a period of self-isolation, please contact us as soon as possible to re-arrange the installation date.
23. Site Uptimes
23.1. All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime. Accordingly, we will not be liable if this website is unavailable at any time, or for any losses this may incur.
23.2 Where possible we always try to give advance warning of maintenance issues that may result in website down time, but we shall not be obliged to provide such notice.
24. Other important terms
24.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
24.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
24.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
24.4. 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.
24.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
24.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
24.7. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instances alternative dispute resolution may be used.
25. Links to & from other websites
25.1. Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk and we do not vouch for the information provided.
25.2. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- 25.2.1. You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
- 25.2.2. You do not misrepresent your relationship with this website; and
- 25.2.3. The website from which you link to this website does not contain offensive or otherwise controversial content or content that infringes any intellectual property rights or other rights of a third party.
25.3. By linking to this website in breach of clause 25.2 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.