Boiler Installation and Servicing Terms and Conditions

First Plumbing & Heating and FPHL Facilities Management are part of First Plumbing & Heating-UK Ltd, referred to in these Terms and Conditions as “FPHL Ltd”, “the Company”, “we”, “us” or “our”.

First Plumbing & Heating-UK Ltd will carry out the work set out in your quotation, for the price stated within it, subject to the following Terms and Conditions.

1. General

FPHL Ltd reserves the right to refuse to carry out work for any Customer who is abusive, threatening or unreasonable towards our staff, engineers, contractors or representatives.

FPHL Ltd reserves the right to refuse to accept any call-outs, bookings or further works from Customers who have outstanding unpaid invoices or balances.

Your quotation will set out the payment required. When you book a boiler installation, we may ask for either full payment or a deposit, with the balance due on completion, so that we can secure your installation date and buy the boiler, parts and materials.

We will register the manufacturer’s warranty once final payment has been received in full. We will always notify your installation to Gas Safe Register, as the Building Regulations require, whether or not payment has been made. Gas Safe Register then sends the Building Regulations Compliance Certificate to the householder.

FPHL Ltd will take reasonable care to protect the Customer’s property while carrying out the works. However, the Customer acknowledges that some disturbance, access marks, dust, minor cosmetic damage, redecoration or making good may be unavoidable depending on the nature of the works.

2. Parts, Boilers and Materials

All materials, boilers, parts and equipment supplied or installed by FPHL Ltd remain the property of FPHL Ltd until all invoices, balances and charges have been paid in full.

If the Customer fails to pay any outstanding invoice or balance within the time specified, FPHL Ltd may recover goods and materials supplied by the Company that remain unpaid. We will only enter your property to do so with your permission or where a court allows it.

3. Home Visits and Surveys

A free home survey may be carried out where possible before a final price is agreed. Alternatively, FPHL Ltd may carry out a telephone, video or remote survey to determine the Customer’s installation or service requirements before issuing a quotation.

FPHL Ltd reserves the right to cancel, call off or rearrange a home visit or survey at any time. Where possible, the Customer will be contacted in advance.

Any quotation provided following a telephone, video or remote survey is based on the information provided by the Customer and what can reasonably be assessed without a full physical inspection.

4. Quotations

FPHL Ltd aims to send quotations for straight swap boiler installations within 48 hours of enquiry, following completion of a telephone, video or home survey.

Where the proposed works require additional assessment, including boiler relocations, full central heating installations or bespoke works, it may take longer for FPHL Ltd to provide an accurate quotation.

Quotations are valid for 30 days from the date they are sent to the Customer, unless stated otherwise.

The quoted price is based on the assumption that all existing structures, materials, pipework, gas supply, water supply, electrical supply, drainage, connected appliances, controls, radiators, valves, pumps, fixtures and fittings are in good condition, compliant, suitable, accessible and in full working order with no defects.

Even where existing items appear to be functioning, they may need to be altered, upgraded or replaced in order to meet current regulations, manufacturer requirements, safety standards or the requirements of the new appliance. Examples include, but are not limited to, upgrading gas pipework, providing a permanent electrical feed, installing a pump overrun, altering controls or rectifying unsuitable existing pipework.

Any adaptations, upgrades, remedial works, additional labour or additional materials required will be chargeable in addition to the quoted price. We will explain what is needed and agree the extra cost with you before carrying out any additional work.

External areas of the property required for the installation must be safely and reasonably accessible. The quotation assumes that external access can be achieved safely using ladders of up to 7 metres in length.

Where safe access cannot be achieved using standard ladders, scaffolding, towers, platforms or specialist access equipment may be required. Unless expressly included in the quotation, this must be arranged and paid for by the Customer.

Where an engineer is required to work in a loft, the loft must have safe access, a fixed ladder, adequate boarding and suitable lighting. If these are not available, the Company may refuse to carry out the relevant works until safe access is provided.

The service is for the supply and installation of a boiler or agreed works only. It is not a decorating, plastering, carpentry or making-good service unless expressly stated in writing. Any redecoration, boxing-in, tiling, plastering or making good is the responsibility of the Customer unless specifically included in the quotation.

5. Existing Systems, Pre-Existing Defects and Limitation of Responsibility

The Customer acknowledges that the Company’s quotation and fixed price are based on the assumption that the existing system and property are suitable for the works quoted.

We are not responsible for any fault, defect, failure, leak, blockage, restriction, corrosion, deterioration, contamination, sludge, poor circulation, poor pressure, inadequate design, incorrect installation, non-compliance, hidden damage, wear and tear, poor previous workmanship or other issue in the existing system or property that existed before we started work, unless we caused it or made it worse through our negligence or poor workmanship.

This applies whether or not the system appeared to be working before we started work. It does not apply to any defect that we identified, or should reasonably have identified, during our survey or before starting work and did not tell you about.

Where the Company connects new equipment to an existing heating, plumbing, gas, water, electrical, drainage or control system, the Company is only responsible for the workmanship and materials directly supplied and installed by the Company.

The Company shall not be responsible for repairing, replacing or paying for any existing part of the system that later fails, develops a fault or is found to be unsuitable, unless the fault was directly caused by the Company’s negligence or defective workmanship.

Existing parts of the system include, but are not limited to, pipework, radiators, radiator valves, thermostatic radiator valves, motorised valves, pumps, expansion vessels, programmers, thermostats, time switches, cylinders, tanks, taps, showers, shower pumps, toilets, sanitary pumps, drains, electrical supplies, gas pipework, water mains, isolation valves and any components not supplied and installed by the Company.

The Customer accepts that working on existing systems may expose weaknesses or defects that were previously hidden. This may include leaks, failed valves, blocked pipework, electrical faults, poor circulation, pressure issues, sludge, corrosion or components failing after being disturbed, drained, flushed, refilled, pressurised or reconnected.

Any investigation, repair, replacement, upgrade, remedial work, additional labour or materials required because of pre-existing defects, hidden faults, non-compliance, manufacturer requirements, system condition or failure of existing components will be treated as additional chargeable work. We will explain what is needed and agree the extra cost with you before carrying out that work, unless it is needed urgently to make the system safe.

We are not liable for loss or damage caused by the condition or failure of any existing system, part, component, structure, fixture or fitting that we did not supply or install, unless it was caused by our negligence or by our failure to comply with these Terms and Conditions. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for loss or damage that was not foreseeable when the contract was made.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded under UK law. Nothing in these Terms and Conditions affects your legal rights as a consumer, including your rights under the Consumer Rights Act 2015.

6. Installation

Once the Customer is happy with one of the installation options, the Customer must confirm their chosen option in writing, usually by replying to the initial email sent by FPHL Ltd.

Once confirmation has been received, FPHL Ltd will issue a fixed price quotation confirming the chosen option, price and payment requirements.

On receipt of the payment required by your quotation (full payment or deposit), FPHL Ltd will order the parts, boiler and materials required.

Once the required parts and materials are available, FPHL Ltd will contact the Customer to arrange an installation date.

The area surrounding the appliance and all areas requiring access must be cleared by the Customer before the engineer attends.

If the Customer fails to provide clear and safe access, FPHL Ltd reserves the right to charge for time spent clearing the area, waiting time, wasted attendance or rearranging the appointment.

FPHL Ltd shall not be responsible for loss or damage caused as a result of moving items, clearing access or working around items that should have been removed by the Customer.

As part of a boiler installation, a chemical flush will be carried out unless otherwise stated. Further information about flushing is set out in the Heating System Flushing Disclaimer below.

FPHL Ltd reserves the right to collect any outstanding settlement payment immediately after the installation is completed.

7. Appliance Servicing

FPHL Ltd may endeavour to contact the Customer when their boiler service is due, but it remains the Customer’s responsibility to ensure the boiler is serviced annually.

If faults are discovered during a service, the engineer will advise the Customer. If the appliance is under manufacturer warranty, the Customer is responsible for contacting the manufacturer unless otherwise agreed.

If the appliance is not under warranty, the engineer may provide a price for repair before proceeding.

The area surrounding the appliance must be cleared before the engineer attends. If access is not clear, FPHL Ltd may charge for wasted time, clearing access or rearranging the appointment.

For appliances not originally fitted by FPHL Ltd, the Company reserves the right to shut down, isolate or make safe any appliance that is unsafe, incorrectly installed or does not comply with gas safety regulations.

8. FPHL Ltd Guarantee

FPHL Ltd offers 12 months of help and advice after installation free of charge.

The Company guarantee lasts for 12 months from completion of the works and applies only to the workmanship and materials directly supplied and installed by the Company.

The guarantee does not cover pre-existing systems, existing pipework, radiators, controls, valves, pumps, cylinders, electrics, gas supplies, water supplies, sanitaryware or any other part not supplied and installed by the Company.

The Company does not accept responsibility for parts installed by another company, previous contractors or third parties.

The Company does not accept responsibility for any part supplied or installed by the Company that has later been moved, altered, repaired, tampered with or interfered with by any person not authorised by FPHL Ltd.

FPHL Ltd reserves the right to charge an hourly rate or call-out fee where a reported fault is not caused by the Company’s installation work.

The cost of an annual boiler service, and any parts required during an annual service, is not included in the installation fee unless expressly stated in writing.

This guarantee is in addition to, and does not affect, your legal rights as a consumer, including your right under the Consumer Rights Act 2015 to have services carried out with reasonable care and skill and goods that are as described, of satisfactory quality and fit for purpose.

9. Your Right to Cancel, Cancellations and Refunds

If you are a consumer and the contract is made away from our premises (for example online, by email, by telephone or in your home), you have the right to cancel it within 14 days without giving any reason. The cancellation period ends 14 days after the day the contract is made, which is the day you accept our quotation.

To cancel, you must tell us clearly that you have decided to cancel, by email to enquiries@fphl.co.uk or by post to First Plumbing & Heating-UK Ltd, Unit 12B & 12C Bridge Industrial Estate, Balcombe Road, Horley, Surrey RH6 9HU. You may use the model cancellation form at the end of these Terms and Conditions, but you do not have to. It is enough to send your cancellation before the cancellation period ends.

We will not start work during the cancellation period unless you expressly ask us to in writing (for example by email). If you ask us to start work during the cancellation period and then cancel, you must pay us a proportionate amount for the work we carried out up to the time you told us you were cancelling, compared with the full contract price.

If you ask us to start work during the cancellation period, you acknowledge that you will lose your right to cancel once the work has been fully completed.

If you cancel within the cancellation period, we will refund any payments you have made within 14 days of the day you told us you were cancelling, less any proportionate amount due under clause 9.3. Where a boiler or other goods have already been delivered but not installed, we will arrange to collect them, and we may wait until we have collected them before making the refund.

After the cancellation period has ended, if you cancel before the work is completed, we may charge you for work already carried out and for reasonable costs we have already incurred, such as goods ordered for your job that cannot be returned or used elsewhere. We will give you details of any such charges.

If you need to rearrange a booking, please tell us by the end of the working day before the scheduled booking. Changes are best made by telephone and then confirmed in writing.

10. Manufacturer’s Warranty

All appliances purchased from FPHL Ltd are covered by the relevant manufacturer’s warranty, subject to the manufacturer’s own terms and conditions.

In order to qualify for the full boiler warranty, the boiler must be serviced every 12 months by a qualified Gas Safe registered engineer.

If the Customer does not arrange an annual service, the manufacturer’s warranty may lapse and the manufacturer may refuse to cover call-outs, parts or labour in the event of a breakdown.

For full warranty terms, the Customer should refer to the relevant manufacturer’s website and warranty documentation.

11. Complaints

Complaints may be made by telephone, email or in writing to: Email: enquiries@fphl.co.uk. Address: First Plumbing & Heating-UK Ltd, Complaints, Unit 12B & 12C Bridge Industrial Estate, Balcombe Road, Horley, Surrey RH6 9HU.

FPHL Ltd will aim to acknowledge complaints within 48 hours and to give a full response within 14 days. If a complaint needs longer to investigate, we will tell you why and when you can expect a full response.

12. Heating System Flushing Disclaimer

When a boiler is renewed, the boiler manufacturer’s Benchmark scheme requires that the system is cleansed in accordance with BS7593:2019.

FPHL Ltd will carry out a chemical flush as part of boiler installations unless otherwise stated.

A chemical flush is a standard process usually carried out when a new boiler is installed. It helps remove rust and debris from the system, including the boiler, pipework and radiators, helping hot water flow more freely and efficiently.

A chemical flush is the most basic type of flush available.

Alternative types of heating system flush include:

MagnaCleanse — less aggressive and suitable for fairly clean to moderately dirty systems.

Water mains flush — more aggressive and suitable for systems with multiple radiators with cold spots.

Powerflush — very aggressive and uses a pump to force water around the system to remove debris.

During a powerflush, flushing equipment is temporarily connected to the heating system. The aim is to dislodge and remove sludge, corrosion deposits and debris from the system.

The success of any flush depends on the age, condition and level of corrosion or contamination within the heating system before the flush begins.

A flush may improve circulation problems but cannot reverse corrosion, wear, decay, poor design, previous poor workmanship or long-term neglect.

The Customer acknowledges that flushing, draining, refilling, pressurising or disturbing an existing system may expose hidden weaknesses, corrosion, leaks, blocked pipework, failed valves or other defects.

While leaks after flushing are uncommon, it is not possible to inspect the inside of all pipework, radiators and components before flushing. If a leak or fault occurs due to pre-existing corrosion, deterioration, sludge, poor condition or hidden weakness, FPHL Ltd shall not be responsible for the cost of repair unless directly caused by the Company’s negligence.

Systems that have been neglected, untreated, poorly maintained or not protected with effective corrosion inhibitor may contain compacted debris within pipework, radiators or the boiler. Even after flushing, some radiators may not be fully effective and further works may be required.

If any unpredictable issues arise during or after flushing, including leaks, blockages, poor circulation, failed valves, ineffective radiators or debris later breaking loose, the Company shall not be responsible for those issues where they arise from the pre-existing condition of the system.

Any further work required will be quoted and charged separately.

13. General Legal Terms

If any part of these Terms and Conditions is found to be unenforceable, the rest will remain in effect.

These Terms and Conditions are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you may bring legal proceedings in the courts of that country, and the law of that country will apply where it gives you rights that cannot be excluded.

We use your personal information to provide our services, as explained in our privacy notice, which is available on request from enquiries@fphl.co.uk.

Contact Details

Tel: 0345-2573656 Email: enquiries@fphl.co.uk Website: www.fphl.co.uk Facebook: https://www.facebook.com/FPHL1/

Please note all calls are recorded for training and monitoring purposes.

Contact Information (as shown on the page): Broomhouse Edinburgh, 0345-2573656, support@fphlscotland

Model Cancellation Form

(Complete and return this form only if you wish to cancel the contract.)

To: First Plumbing & Heating-UK Ltd, Unit 12B & 12C Bridge Industrial Estate, Balcombe Road, Horley, Surrey RH6 9HU. Email: enquiries@fphl.co.uk

I/We hereby give notice that I/We cancel my/our contract for the supply of the following goods and/or services: ______________________________________________

Ordered on / received on: ____________________

Name of consumer(s): ____________________

Address of consumer(s): ____________________________________________

Signature of consumer(s) (only if this form is sent on paper): ____________________

Date: ____________________