TERMS & CONDITIONS

Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, in most cases, you can cancel within 14 days. If you agree the service will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

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• you can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it

• if a price hasn’t been agreed upfront, what you‘re asked to pay must be reasonable

• if a time hasn’t been agreed upfront, it must be carried out within a reasonable time

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information on this page summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

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• your legal rights and responsibilities

• our legal rights and responsibilities, and

• certain key information required by law (known as our Work Detail Sheet)

This contract is used when you enter into a contract with us in relation to work at your house following an initial website or telephone enquiry and subsequent house visit by one of our underfloor heating engineers.

In this contract:

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• We, us or our means TLM Underfloor Heating Company UK Limited (13890318), and

• You or your means the person buying services from us.

If you don’t understand any part of this contract and want to talk to us about it, please speak with our representative or contact us by:

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• email: info@TLMunderfloorheating.co.uk (Monday to Friday 9am to 5pm)

• phone: 020 8502 4624 (Monday to Friday 9am to 5pm).

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Our Information

We are registered in England under company number: 13890318. Our registered office is at: 13 Grosvenor Drive, Loughton, Essex, IG10 2JX.

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1) Introduction

1.1 If you buy services from us you agree to be legally bound by this contract.

1.2 When buying any services you also agree to be legally bound by:

1.2.1 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and

1.2.2 specific terms which apply to certain services. If you want to see these specific terms, please speak with our representative who will tell you when specific terms apply.

All these documents form part of this contract as though set out in full here.

2) Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way in our Work Detail Sheet. Some of this information is also set out in this contract, such as information on our complaint handling policy (see clause 14).

2.2 The key information we give you in our Work Detail Sheet by law forms part of this contract (as though it is set out in full here) and will include the following:

2.2.1 the main characteristics of the services you want to buy;
2.2.2 who we are, where we are based and how you can contact us;
2.2.3 the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
2.2.4 the arrangements for payment, carrying out the services and the time by which we will carry out the services;
2.2.5 how to exercise your right to cancel the contract and the costs of doing so;
2.2.6 our complaints handling policy;
2.2.7 our commercial guarantees; and
2.2.8 how long the contract is for and how to end it.

2.3 If we have to change any key information in the Work Detail Sheet once a legally binding contract between you and us is made, we can only do this if you agree to it.

3) Ordering services from us

3.1 The services that you order from us will be included in the Work Detail Sheet that our representative gives to you.

3.2 The services we offer  are maintenance services for domestic underfloor heating systems (the “system”) and our maintenance services include the following:

3.2.1 an initial inspection of the system;
3.2.2 inspection and testing of the system;
3.2.3 all repairs and spare parts (which will not necessarily be like for like as we may supply equivalent spare parts) required for the system;
3.2.4 24/7 call-out access to us and our engineers; and
3.2.5 unlimited number of call-outs.

3.3 The following is excluded from the services:

3.3.1 all buried pipework;
3.3.2 sludge;
3.3.3 pre-existing faults with the system that are identified at our initial inspection;
3.3.4 damage to the system caused by any person other than us;
3.3.5 deliberate or malicious damage to the system;
3.3.6 obsolete parts of the system; and
3.3.7 heat sources including but not limited to boilers and associated controls.

3.4 Below, we set out how a legally binding contract between you and us is made:

3.4.1 Any quotation given by us before you make an order for services is not a binding offer by us to supply such services.
3.4.2 When you decide to place an order for services with us, this is when you offer to buy such services from us.
3.4.3 When you place your order with our representative, he or she will acknowledge it in person or, if this is not possible, by email. This acknowledgement does not, however, mean that your order has been accepted.
3.4.4 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:

3.4.4.1 we cannot carry out the services (this may be because, for example, we have a shortage of staff);
3.4.4.2 we cannot authorise your payment;
3.4.4.3 you are not allowed to buy the services from us;
3.4.4.4 we are not allowed to sell the services to you; or
3.4.4.5 there has been a mistake on the pricing or description of the services.

3.4.5 We will only accept your order when our representative confirms this to you by providing you with the Work Detail Sheet and this contract and you sign those documents. At this point:

3.4.5.1 a legally binding contract will be in place between you and us, and
3.4.5.2 we will start to carry out the services in the way you and we have agreed.

4) Your obligations

4.1 Before we can start to carry out, and during delivery of the services you must comply with the following at all times:

4.1.1 ensure that the Work Detail Sheet displays the correct information;
4.1.2 make the domestic property where the system is located available to us on the agreed dates and, unless otherwise agreed by us and you in writing ensuring that the domestic property is occupied by a person over the age of 16 at all times where our representatives are on site;
4.1.3 ensure that our representatives have unrestricted access to the entire system at all times whilst they are on site;
4.1.4 ensure that our representatives are not exposed to unsafe or hazardous environments including, but not limited to, unsafe structures, harmful chemicals, physical or verbal harassment or abuse, infestations, dangerous animals or any other situation which potentially may be harmful to our representatives’ wellbeing.

5) Carrying out of the services

5.1 Before we carry out the services, you will have received an initial inspection from one of our representatives at which you were provided with the key information and a legally binding contract was formed between you and us.

5.2 The services will be carried out in accordance with the Work Detail Sheet. In the event that during the delivery of the services we identify a problem with your system, we will immediately notify you of this and the necessary repairs and spare parts required to resolve the issue. All repairs and spare parts are included within the price set out in the key information.

5.3 We must carry out the services by the time or within the period which you and we agree (either with our representative or in writing). If you and we have agreed no time or period, this will be within a reasonable time.

5.4 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:

5.4.1 you change the services or the system (and this means we have to do extra work or wait for extra materials);
5.4.2 we have to wait for your other providers to complete their work either to the domestic property or the system itself before we are able to carry out the services;
5.4.3 materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge)
5.4.4 we cannot access the site at the times we agreed with you; or
5.4.5 you have not prepared the site in the way we agreed with you.

5.5 Other than in accordance with your statutory rights as a consumer, we make no guarantee regarding our services

6) Price and payment

6.1 The price for the services is shown on the key information our representative gives to you, which is based upon the following pricing structure:

6.1.1 for all systems – an initial visit at £120 ;
6.1.2 for systems with 1 manifold – £18.00 per month;
6.1.3 for systems with more than 1 manifold – £18.00 per month for the first manifold and £18.00 per month for each other manifold;

6.2 Payment for the services will be by monthly Direct Debit during the term of the contract. We also accept cash, credit cards and debit cards.

6.3 Direct Debit payments will be made to our third party payment provider and not directly to us. We will not be responsible for the information that you provide to a third party payment provider when paying for the services. We will not be liable for any loss whatsoever you may suffer as a result of paying via a third party payment provider.

6.4 If you have any queries about your payment, you will need to contact the third party payment provider for further assistance as we take no responsibility for the processing or collecting of your payment.

6.5 All payments by credit card or debit card need to be authorised by the relevant card issuer.

6.6 If your payment is not received by us under clause 6.2 we may also charge interest on any balance outstanding at the rate of 4% per annum above The Bank of England’s base rate from time to time.

7) Term of the Contract

7.1 This contract takes effect on the date the contract is legally formed between you and us in accordance with this contract (“Effective Date“) and will, subject to clause 8, continue for a period of one year from the Effective Date (“Initial Term“) and thereafter automatically for  further periods of one year (“Additional Term“) unless terminated by either us or you giving not less than 28 days’ prior written notice to terminate the contract at the end of the Initial Term, or, as the case may be, the relevant Additional Term.

8) Right to cancel this contract

8.1 You have the right to cancel this contract within 14 days without giving any reason. This is known as your “Cooling off Period”.

8.2 The Cooling off Period will expire 14 days after conclusion of the contract.

8.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out below, but it is not obligatory.

Model Cancellation Form

To: TLM Underfloor Heating Company UK Limited (13890318), 13 Grosvenor Drive, Loughton , Essex , IG10 2JX:
I/ We [*] hereby give notice that I/ We [*] cancel my/ our [*] contract of sale of the following goods [*]/ the supply of the following service [*],
Ordered on [*]/ received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate

8.4 To meet the Cooling off Period deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling off Period has expired.

8.5 We will wait until the Cooling off Period in this clause 8 is over before we start to carry out the services, unless:

8.5.1 you want us to carry out the services during the 14–day Cooling off Period;
8.5.2 we have agreed to do so; and
8.5.3 you have signed a written confirmation (a copy of which is set out below) and given it to our representative (if you do this, the written confirmation which you sign will form part of this contract as though set out in full here).

Written confirmation to start carrying out the services within the 14–day cancellation period

Confirmation to start work early:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel the contract within 14 days. This may happen because you change your mind.

By signing this written confirmation and giving it to our representative, you agree that, on your request, we can start to carry out the services during the 14–day cancellation period.

You still have a right to change your mind and cancel the contract during the 14–day Cooling off Period, however, we will charge you for the cost of the services carried out by us until the time when you tell us that you want to cancel the contract. The amount we charge you will be in proportion to what we have carried out, in comparison with the full coverage of this contract.

You acknowledge, however, that you will lose the right to change your mind and cancel the contract during the 14–day Cooling off Period once the services have been fully carried out by us. If this happens, we will charge you for the full cost of the services carried out by us.

To: TLM Underfloor Heating Company UK Limited (13890318),13 Grosvenor Drive, Loughton, Essex, IG10 2JX;
I/ We [*] hereby give notice that I/ We [*] request you to supply of the following service [*] on the following date [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s),
Date
[*] Delete/ insert details as appropriate

8.6 Outside the Cooling off Period, if you wish to cancel this contract you must provide us with 28 days’ written notice of your intention to cancel and thereupon we reserve the right to impose charges in accordance with clause 9 below.

8.7 We reserve the right to cancel this contract as follows:

8.7.1 by giving you a minimum of 28 days’ written notice;
8.7.2 at any time and with immediate effect by giving written notice to you if:

8.7.2.1 you commit a material breach of the contract which is not remediable;
8.7.2.2 you commit a material breach of the contract which is not remedied within 14 days of receiving written notice of such breach;
8.7.2.3 you are in breach of clause 4.1.4;
8.7.2.4 you have failed to pay any amount due under the contract on the due date and such amount remains unpaid within 30 days after we have notified you in writing that the payment is overdue;
8.7.2.5 your system does not meet our eligibility criteria, including but not limited to the system becoming ‘beyond economical repair’ or parts for the system becoming obsolete;
8.7.2.6 you provide us with false information,
and we also reserve the right to impose charges in accordance with clause 9 below.

9) Effects of cancellation

9.1 If you cancel this contract pursuant to clauses 8.1 to 8.5 above, we will reimburse to you all payments received from you except where we are allowed to keep such payments such as where we have started carrying out the services within the 14–day Cooling off Period and you have signed our written confirmation to start carrying out the services within the 14–day Cooling off Period’ (see clause 8.5 for more details).

9.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

9.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.4 In the event that this contract is cancelled pursuant to clauses 8.6 or 8.7 above, we reserve the right to request immediate payment of the balance of the price unpaid for the Initial Term or relevant Additional Term of the contract. All such payments must be made to our nominated bank account by electronic transfer within 5 working days of the date of your written notice to cancel.

9.5 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

10) Nature of the services

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

10.1.1 the services must be carried out with reasonable care and skill
10.1.2 you must pay a reasonable price for the services, and no more if you and we haven’t fixed a price for the services, and
10.1.3 we must carry out the services within a reasonable time if you and we haven’t fixed a time for the services to be carried out

11) Faulty services

11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1 visit our webpage at www.tlmunderfloorheating.co.uk;
11.1.2 contact us using the contact details at the top of this page; or
11.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3 Please contact us using the contact details at the top of this page, if you want:

11.3.1 us to repeat the services;
11.3.2 us to fix the services;
11.3.3 a price reduction; or
11.3.4 a refund.

12) Your information and how we will use it

12.1 You hereby agree to provide us with details of your name, postal address, email address, telephone number required in order for us to provide the services.  The information provided by you will be recorded on a database and used for our use only and will be recorded electronically.

12.2 You hereby acknowledge and accept that your personal data including, name, postal address, email address, telephone number may be transferred or made accessible to Precise Tax Limited for the purposes of providing us with invoice and payment management services. You hereby consent to these transfers of personal data.

13) Limit on our responsibility to you

13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

13.1.1 losses that:

13.1.1.1 were not foreseeable to you and us when the contract was formed;
13.1.1.2 that were not caused by any breach on our part;

13.1.2 business losses; or
13.1.3 losses to non-consumers.

14) General

14.1 We may transfer our rights and obligations under the contract to another organisation, and we will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the contract.

14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.3 Each of the paragraphs of the contract 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.

14.4 If we fail to insist that you perform any of your obligations under the contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.5 We will try to resolve any disputes with you quickly and efficiently.

14.6 If you are unhappy with:

14.6.1 the services;
14.6.2 our service to you generally; or
14.6.3 any other matter,

please contact us as soon as possible.

14.7 If we cannot resolve a dispute with you using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you.

14.8 If you want to take court proceedings, the relevant courts of the United Kingdom (in accordance with the geographical location of the property covered by a contract) will have exclusive jurisdiction in relation to this contract.

14.9 Relevant United Kingdom law (in accordance with the geographical location of the property covered by a contract) will apply to this contract.

Signed by Tiberiu Niculescu for and on behalf of TLM Underfloor Heating Company UK Limited

………………………………………….
Director

Signed by [insert name of individual]

………………………………………….