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Terms & Conditions

Terms of Business of Vortex


1. The remainder of this document sets out the terms and conditions which
apply to the agreement between you (our customer), and us.


2. When you ask us for a quotation, one of our surveyors will come to your
property to carry out a survey. If we cannot survey your property, or do not
consider it to be suitable for us to provide the requested goods/services, we do
not have to provide the survey or any product to you.


3. If we do survey your property and provide you with a quotation (the
‘Quotation’), the Quotation will be subject to the matters set out in this
Agreement, which you should note. The Quotation will include those products,
services and other items or work which our surveyor considers that you require
based on the survey (together, the ‘Work’) and will remain open for acceptance
for 30 days, although we reserve the right to withdraw the Quotation at any time.
Our prices are subject to VAT and to any change in the rate of VAT.


4. A contract will only come into being upon our acceptance and confirmation of
your agreement to the Quotation. In agreeing (whether expressly or impliedly) to
the Quotation, you are:


i. placing an order confirming that you accept and understand the terms of this
Agreement and agree to be bound by them;
ii. agreeing that it is acceptable for the information and form required to be
provided to you under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 (the ‘Regulations’) to be provided via an
emailed copy of your quote and these terms and conditions;
iii. giving authority for the Work to be carried out and (where relevant) agreeing
that you have authority from the owner of the property for the Work to be carried
out; and
iv. agreeing that you (or the owner of the property) have obtained any relevant
consents and/or permissions that may be required, e.g. listed building consent.


5. Once you have accepted our Quotation, you must usually make payment
in full in cleared funds prior to commencement of the Work unless we agree
otherwise with you. If the Work is cancelled prior to installation we will refund to
you all sums paid in advance, less any amounts due for Work carried out prior to
cancellation and (in the case of cancellation by yourself) any amounts due for
costs incurred by us to the date of cancellation.


6. Whilst we may provide guidance to you in respect of the process by which
you can apply for any cashback offers available to you, we are not responsible
for the success or failure of such application, and the success or failure of your
application does not affect your obligation to make payment to us for the goods
and services provided, nor can we delay receiving payment to the date at which
you may receive any such cashback.


7. We make no guarantee that any RHI payments or other government sponsored
payments or grants will be either accessible to you or will amount to any specific
value. We are not in a qualified position to be able to provide you with any
guarantees or promises as to the extent of any payments or grants and you need
to separately retain the services of a qualified assessor for this purpose. You will
remain liable for making payment in full for the Work and we cannot make any
assurances that you will receive any funds towards such payment/s from any
source.


8. Once we have accepted your order (and if required we have received any
agreed advance or deposit payment due in cleared funds), we will agree with
you a date for the Work to be carried out within normal business hours. We will
endeavour to carry out the Work on the agreed date but this may be subject
to change and we shall not be liable in any way for any delay or any losses
whatsoever arising as a result. Time shall not be of the essence for the purposes
of this clause.


9. Please note that if there is a significant delay between our acceptance of your
order and receipt of full payment (where required in advance), the Quotation
may be subject to change.


10. You will provide us and our employees, sub-contractors, agents and other
workmen or representatives access on the agreed date to carry out the Work and
you agree that (where applicable), once the Work is complete, you will promptly
pay any outstanding balance.


11. Most heating installations do not require planning permission but you
should check. If, for example, your property is a listed building or you are in a
conservation area and/or the system flue extends 1 metre above the roof height
then you may need planning permission. You are responsible for contacting your
local planning authority to obtain confirmation that planning permission is not
required. We cannot be held liable for any installation carried out where planning
permission was required but not obtained and we cannot offer refunds in such
cases.

ix. Any issues arising as a result of inadequate or changeable water supply.


x. Any failure by us to meet any of our obligations due to matters beyond our
control.


xi. Save as precluded by law, we will not be liable to you for any indirect or
consequential loss, damage or expenses (including loss of profits, business,
wages or goodwill) howsoever arising. Notwithstanding the foregoing, nothing
in this Agreement is intended to limit any rights you might have as a consumer
under applicable law, or other statutory rights that may not be excluded, nor in
any way to exclude or limit our liability to you for any death or personal injury
resulting from our negligence.

12. You must provide the following for our use free of charge during the Works:
water, washing facilities and toilets; electricity supply; gas supply (where
relevant); adequate storage space; safe and easy access to your property from
the public highway; easy access to the location within the property where the
installation is to take place.


13. Goods belonging to us may be delivered to the site. If the contract is
terminated early for any reason then, unless you have paid for the goods, you
must return them to us. Until ownership of the goods passes to you: you must
store the goods separately in such a way that they remain readily identifiable as
our property; you must not destroy, deface or obscure any identifying mark or
packaging relating to the goods; and you must maintain the goods in satisfactory
condition.


14. If, when we commence Work, we find that there is a problem which was not
reasonably apparent on survey or we find dangerous material such as asbestos,
we reserve the right to cancel, suspend or increase the price of the Works. If
we cannot carry out the Work for reasons outside of your control, you will not
be charged. If you do not provide us with reasonable access or you suspend or
cancel the Work, we may suffer additional costs and may recharge you for these
and for any work carried out.


15. We will carry out the work in conformity with this contract and will take
reasonable care in carrying out the Work but we do not accept liability for
any damage to decorations, walls, floors or the like, which is not reasonably
avoidable in carrying out the Work. We will make good any holes but will not
re-decorate, re-finish or re-lay flooring or floor covering. Boxing in of pipework
is not included unless specifically set out in the Quotation. You should therefore
be aware that minor redecoration may be required after the Works, which is not
included in the Quotation price. We will notify Building Control or Gas Safe of
your installation as appropriate following completion.


16. You will pay any sums due by the relevant date/s set out on the quotation or
otherwise agreed or, if not stated, immediately on completion of the Work. If you
fail to pay the amount specified by the due date then we may charge interest
until the full amount is paid. The interest rate we charge will be 3% above the
base rate set by the Bank of England. If you are in breach of this agreement
because you have failed to make an agreed payment, then we may be entitled to
suspend work, recover any additional costs we incur and/or require you to return
any delivered goods to us.


17. Any manufacturer’s warranty included with any Boiler purchased as part of
the Work, is subject to the terms of such warranty (available directly from the
manufacturer). Please note that, for the warranty to remain valid, it may require
that the Boiler is serviced by an appropriately qualified engineer within each 12
month period from installation. In this case, you must keep appropriate records
of those services and be able to produce them on request. The manufacturer
warranties for other products installed may attract other conditions and you
should, in each case, refer to the terms of the guarantee or contact us for further
information.


18. You agree that from time to time we may arrange for the Work to be inspected
and you will grant such reasonable access as may be required in order for such
inspections to be carried out.


19. We are not liable to you for:
i. Any defect in or damage caused to the Work, or any part of it, arising from fair
wear and tear, wilful damage, your negligence, damage caused by a third party
(other than our representatives and installers), failure to follow our instructions
or any instructions of the manufacturer or supplier of goods forming part of the
Work, or alterations made or actions taken without our approval.


ii. Any loss due to fire, theft or other risks normally insured for under a household
insurance policy.


iii. Any delay in carrying out the Work, and any related costs.


iv. Any costs arising out of any requirement for us to cancel the Work, if we
cannot carry it out as planned.


v. Any defect, damage or breakdown caused by inadequate servicing of a Boiler
or other product (unless such servicing was provided by us) or by deliberate
action, accident, misuse or third party interference including modification or
an attempted repair (other than repairs carried out by us) which does not fully
comply with industry standards.


vi. Any defect, damage or breakdown caused by the design, installation and
maintenance of a central heating system or which is due to the integrity or
suitability of any existing part of a heating system to which the Works have
connected.


vii. De-scaling or other work required as a result of hard water scale deposits or
from damage caused by aggressive water or sludge resulting from corrosion.


viii. Any incompatibility of a shower with any new Boiler supplied and installed
by us.


20. We may assign, licence or sub-contract all or any part of our rights or
obligations under this Agreement without your consent.

21. This Agreement is personal to you and you may not assign licence or sub-
contract all or any of your rights or obligations under this Agreement without our prior written consent.


22. We, our agents and subcontractors may use your information in accordance
with data protection legislation to do the following:


i. Provide you with the goods and services you have requested and contact you
in relation to them.
ii. Create statistics.
iii. Help to prevent and detect debt, fraud or loss.
iv. Help to train staff and improve our systems.
v. Retain as proof of your identity.
vi. Comply with the requirements of supervisory organisations such as Gas Safe.


23. If you give us information on behalf of someone else, you agree that they
are aware of these terms and that they have given permission for us to use their
personal information as described above.


24. We may monitor and record any communications we have with you,
including phone conversations and emails, to make sure that we are providing a
good service and are meeting our legal and regulatory responsibilities.


25. You are entitled to have a copy of the information we hold on you and to have
any inaccurate information corrected. We may charge a small fee for providing a
copy of any information we hold about you.


26. If you have any enquiries please contact us using the contact details as set
out in your quote. Any complaints should be sent in writing to our registered
address or emailed to us. If you wish to report a defect or issue with the Work,
you must do so by telephone or email within 24 hours of discovering the same.
We will endeavour to respond to any complaints within 24 hours and our
complaints policy is available on request.


27. You may cancel services (if they have not yet been carried out) at any time
up to 14 days after you enter into the contract for those services. You may return
goods at any time up to 14 days from receipt, unless the goods have been mixed
inseparably with other items by that point or if the goods were tailor made
for you. You are responsible for returning goods to us at your own cost and
deduction will be made if the value of the goods has been reduced as a result
of handling. This does not in any way affect your statutory rights. If you wish to
cancel any Work or return any items, please notify us immediately by emailing
or writing to us using the contact details set out in your quote. A standard
cancellation form is available at the end of this document. If Work has started
before the end of the cancellation period with your agreement (i.e. you have
permitted the Work to commence during that time), you may be required to pay
reasonable costs for any goods or services supplied (in line with regulation 36 of
the Regulations).


28. We shall be entitled without prejudice to the other rights and remedies
available to us, either to terminate the whole or any part of this Agreement or to
suspend any future service or supply if any of the following events occurs:


i. If any debt due and payable by you to us is unpaid on the due date of payment,
or if you are in breach of your obligations under this Agreement which in the case
of a breach capable of remedy is not remedied by you within 14 days of receipt
by you of a notice specifying the breach and requiring its remedy.


ii. You make any voluntary arrangement with your creditors or become subject
to an administration order or (being an individual or firm) becomes bankrupt or
(being a company) goes into liquidation or an encumbrancer takes possession
or a receiver is appointed of any of your property or, or if you cease or threaten
to cease to carry on business or if we reasonably apprehend that such events are
about to occur in relation to you.


29. The termination of this Agreement howsoever arising shall be without
prejudice to the rights and duties of either you or us accrued prior to termination.


30. Failure by us to enforce or partially enforce any provision of this Agreement
will not be construed as a waiver of any of our rights under this Agreement.

31. This Agreement is governed by the laws of England and Wales unless we
are domiciled in a different country, in which case the laws of that country will
prevail.