Terms and Conditions

  1. For the purpose of these terms & conditions the following words shall have the following meanings:
    (a) “The Company” shall mean My Boiler Expert Limited.
    (b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and / or supply materials.
    The Engineer shall mean the representative appointed by the Company and may be subject to change at any time.
  2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer
    those works shall be undertaken by a designated operative of Company.
  3. BOILER COVER. Boiler cover is not an insurance product and is not governed by any regulatory bodies. Boiler cover is an agreement between the
    company and the customer.
  4. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade
    purchase price of materials + 25%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in
    obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time
    spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate
    except in cases where the work carried out is zero rated.
  5. FIXED PRICE WORK shall be given as a cost by means of a quotation, including Labour & Materials. All costs are plus VAT at the prevailing rate.
  6. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the
    actual time taken by more than 20% but may be revised in the following circumstances:—
    (i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to
    in the estimate.
    (ii) if after submission of the estimate there is an increase in the price of materials.
    (iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was
    prepared.
  7. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the
    rate of 3% over the base rate until payment in full is received by the Company.
  8. Where the date or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to
    ensure that the engineer shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or
    late attendance on site of the engineer or for the late or non delivery of materials.
  9. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the
    Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or
    partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
  10. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related
    expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in
    accordance with such instructions.
  11. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in
    writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out
    any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company then the Company shall not be liable in
    respect of any defects in the works carried out.
  12. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty
    or guarantee in force. The Guarantee will become null & void if the work or goods completed/supplied by the Company is:
    (a) Subject to misuse or negligence.
    (b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability,
    materials supplied by the Customer & will accept no liability for any consequential damage or fault.
  13. The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
    The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the engineer.
    Work is guaranteed only in respect of work directly undertaken by the company & 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.
    The company shall not be held liable or responsible for any damage or defect resulting 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 the engineer either verbally or indicated in ticked
    boxes or in Comments/ Recommendations of any other related work which requires attention.
    The customer shall be solely liable for any hazardous situation in respect of any Gas Warning Notice issued.
  14. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of
    such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
  15. Engineers operate under My Boiler Expert’s Gas Safe Registration.
  16. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship
    results in the Company being made liable for those damages or rectification of the work.
  17. These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in
    writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms
    & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering
    into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
  18. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in
    full for such goods has been made by the Customer to the Company.
    Until such time as title in the such goods has passed to the Customer:
    (i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title
    remains vested in the Company,
    (ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without
    notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
    (iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
    Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has
    passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the
    Company with a certificate or other evidence of such Insurance.
  19. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any
    cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such
    obligations.
  20. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims
    resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
    These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law &
    shall be subject to the exclusive jurisdiction of the English law.