Boiler Installation Terms & Conditions

1. About us and these terms

1. 1.1

   These terms form a contract between you, the customer, and WarmCare Installations Limited, trading as WarmBox (“we”, “us”, “our”). We are registered in England and Wales, company number 13425045. Our registered office is ASM House, 103a Keymer Road, Hassocks, West Sussex, BN6 8QL, and our correspondence address is 5 Brayford Square, London, E1 0SG.

2. 1.2

   You can contact our customer care team by email at [email protected] or by phone on 020 3161 4195.

3. 1.3

   Your installation will be carried out by a Gas Safe registered engineer appointed by us (the “Installer”). The Installer may be an independent contractor, but your contract is with us and we are responsible for the Installer’s work under this contract as if we had carried it out ourselves.

4. 1.4

   Your contract is made up of these terms, your fixed-price quote, our order confirmation email and any Amendment to Order you approve (see clause 2.4). If anything in your order confirmation or an approved Amendment to Order conflicts with these terms, the order confirmation or Amendment to Order will apply.

5. 1.5

   You accept these terms when you place your order. Please read them before you do, and save or print a copy for your records.

6. 1.6

   These terms are for customers buying for their own home. Nothing in these terms affects your legal rights as a consumer, including your rights under the Consumer Rights Act 2015. For information about your legal rights, contact Citizens Advice (or Advice Direct Scotland if you live in Scotland).

7. 1.7

   We may update these terms from time to time. Changes will not apply to an order you have already placed unless you agree to them in writing.

8. 1.8

   If we do not insist straight away that you do something you are required to do, or we delay in taking steps against you, this does not mean we cannot do so later.

2. Your order

1. 2.1

   Your order is accepted when we email you an order confirmation. The confirmation will set out what you are buying, the total price including VAT, your installation date, how to cancel, the guarantees that apply and how to make a complaint.

2. 2.2

   After you place your order we will ask you to send photos (and, where needed, videos) of your existing boiler, flue, gas meter, pipework and the proposed boiler location. We rely on these to specify the right equipment, so please make sure they are current and accurately show what the Installer will find.

3. 2.3

   Your price includes a standard flue of up to 3 metres. If a longer flue, a plume kit, a twin-flue arrangement or other specialist parts are needed, these will be included in your quote or added through an Amendment to Order.

4. 2.4

   If, from your photos or once the Installer is on site, it becomes clear that extra parts, access equipment or work are needed that are not included in your order, we will tell you the extra cost and any delay before that cost is incurred. The change will be recorded in an Amendment to Order, which you must approve in writing (email is fine) before the work goes ahead. We will not carry out chargeable extra work without your approval.

5. 2.5

   If you do not want to go ahead with the extra work, you can cancel and we will refund everything you have paid. The only exception is where the extra work is needed because the photos or information you gave us were materially inaccurate or incomplete. In that case we may deduct the reasonable cost of any wasted Installer visit, and we will tell you that amount before you decide.

6. 2.6

   If you decide not to proceed after your old boiler has been removed or the new one partly installed, the Installer will leave your home safe and we will discuss your options with you. If you still choose not to proceed, you will pay the cost price of any parts that cannot be reused and a proportionate amount for the work already done, and we will refund the balance.

7. 2.7

   We may decline an order before installation starts if the installation cannot be completed safely, lawfully or as specified (for example, if it is not technically possible at your property, or the equipment ordered is no longer available and you do not accept a suitable alternative). If we do, we will refund everything you have paid within 14 days.

8. 2.8

   All prices include VAT. The price in your order confirmation will not change unless you approve an Amendment to Order.

9. 2.9

   When you choose an installation date, we will hold it for one hour while you complete payment. After that, we cannot guarantee the date and may need to offer you an alternative.

3. Before installation day

1. 3.1

   It is your responsibility to obtain any permissions needed for the work before the Installer attends. For example, if you are a tenant you will need your landlord’s written permission, and you may need consent from a freeholder, listed building consent or a party wall agreement with neighbours. Please tell us when you order if any of these apply.

2. 3.2

   Please make sure the Installer can park within 50 metres of the property entrance. If there are parking restrictions or a permit is needed, please tell us when you order. Any parking charges are payable by you.

3. 3.3

   We will confirm delivery arrangements in advance, and an adult (18 or over) will need to be at the property to receive delivery. If delivery or installation is significantly delayed, we will tell you as soon as possible. If the new date is not acceptable to you, you may cancel and receive a full refund.

4. 3.4

   Once equipment is delivered, please keep it safe, dry and in its packaging. You may check what has been delivered, but please do not open sealed packaging or try to fit any of it. If equipment is lost or damaged while in your care, through no fault of ours, you will be responsible for the reasonable cost of replacing it.

5. 3.5

   If your boiler is in, or is to be moved to, a loft or basement, the area must be safe to work in. For a loft this means a fixed loft ladder, a boarded walkway to the boiler position, a boarded area beneath the boiler and permanent lighting. We will ask for photos or videos before installation. If these are not in place, installation may need to be rescheduled.

6. 3.6

   Our price includes access to external areas that can be reached safely with standard extension and roof ladders. If scaffolding or other access equipment is needed, we will agree the cost with you in writing in advance. If you do not want to pay for it, you may cancel and receive a full refund.

7. 3.7

   Under the Construction (Design and Management) Regulations 2015, the Installer must have access to a toilet, hand-washing facilities, drinking water and a warm area to rest. You agree to allow reasonable use of these facilities in your home. If this is not possible, please tell us when you order and we will quote for alternative arrangements.

8. 3.8

   We cannot remove or work on hazardous materials such as asbestos. If the Installer finds or suspects asbestos, work will stop and the installation will be put on hold until you have arranged, at your own cost, for it to be tested and, if needed, safely removed by a suitably qualified contractor. We will ask you for evidence that this has been done.

4. Installation day

1. 4.1

   You must give the Installer access to your property on the agreed date, together with free use of gas, water and electricity for installing and testing the equipment.

2. 4.2

   The Installer aims to finish by 7pm. Occasionally a little extra time may be needed to complete the job safely, and the Installer will discuss this with you.

3. 4.3

   Please provide a safe and respectful environment. If the Installer is subjected to abusive or threatening behaviour, or finds unsafe conditions, they may leave after making the property safe. We will then decide whether, and when, to re-attend and will tell you about any reasonable charge for doing so before it is incurred.

4. 4.4

   The Installer will agree the route of any new pipework with you. Pipework will be run in the most practical way from an engineering point of view, surface-mounted and clipped. We do not bury pipework in walls or floors or box it in, unless this is specified in your order.

5. 4.5

   The Installer will carry out all checks required by regulations and the manufacturer’s instructions, but will not survey or test the rest of your heating and plumbing system. Existing pipework, radiators, valves, cylinders, showers and other equipment we have not supplied or altered need to be in good working order. We are not responsible for faults in them unless the fault was caused by our work or by our failure to use reasonable care and skill.

6. 4.6

   If your existing gas supply, pipework, flue route or other infrastructure does not meet the standards needed to connect the new boiler safely and lawfully, we will explain why and quote for the work needed. If you do not want that work, we will cancel your order and give you a full refund.

7. 4.7

   Some existing showers do not work well with certain boilers, particularly when changing to a combi boiler. If we identify a likely problem we will tell you. We are not responsible for an existing shower we did not supply not being compatible with your new boiler, unless we gave you incorrect advice about compatibility.

8. 4.8

   The Installer will take reasonable care to protect your home. Holes and cuts made for the installation will be filled to a basic standard ready for decoration, but not decorated, so some redecoration may be needed at your cost. Floorboards will be refitted, but laminate or glued flooring and fitted carpets may not be re-laid perfectly. We are responsible for damage caused by our or the Installer’s negligence.

9. 4.9

   We are not responsible for damage to hidden cables, pipes or other services that could not reasonably have been detected, provided the Installer took reasonable care. Nor are we responsible for damage caused by pre-existing structural defects in your property that we could not reasonably have identified. If you have concerns about the structure of your property, you should have it checked by a structural surveyor before installation.

10. 4.10

    New materials such as bricks or tiles may not exactly match existing ones. If you want a specific match, you are welcome to provide the materials yourself at the time of the work.

11. 4.11

    Sometimes another trade is needed, for example an electrician to wire controls. Where this work is part of your order, we will arrange it at no extra cost, leave your heating and hot water working where it is safe to do so, and agree a convenient time for the work to be completed.

12. 4.12

    We will remove your old boiler and installation waste and dispose of them lawfully. Packaging from the new equipment is your responsibility to dispose of unless we agree otherwise. If you want to keep any old equipment, please tell us before the installation. Any water tanks that are disconnected will be left in place unless we agree otherwise in writing.

13. 4.13

    The Installer will photograph the completed installation for our quality checks and warranty records. We will not use photos of your home for marketing without your consent.

14. 4.14

    When the work is finished, the Installer will commission the boiler in line with the manufacturer’s instructions, complete the Benchmark commissioning checklist, show you how to use the boiler and controls, and invite you to inspect the work before asking you to sign a completion note. Signing the completion note does not affect your rights if a problem appears later.

15. 4.15

    We will make sure the installation is notified as required by the building regulations that apply where you live, so that you receive the relevant compliance certificate, and we will register your manufacturer’s warranty within the manufacturer’s deadline.

5. Payment

1. 5.1

   Full payment must be received in cleared funds before delivery or installation. If any amount is outstanding, we may postpone delivery or installation until it is paid.

2. 5.2

   We will send you a final invoice or receipt once the installation is complete.

3. 5.3

   The equipment remains our property until it has been paid for in full.

4. 5.4

   Paying by card does not affect any right you have to ask your card provider for a chargeback or, if you pay by credit card, to make a claim under section 75 of the Consumer Credit Act 1974. If a chargeback is raised for goods and work we have properly supplied, we may recover from you the reasonable costs of responding to it.

5. 5.5

   If you ask us to suspend or postpone the work after the cancellation period has ended, you will pay the reasonable costs we incur as a direct result, which we will itemise for you.

6. Your right to cancel

1. 6.1

   If you placed your order online, by phone or away from our premises, you have the right to cancel this contract within 14 days without giving any reason.

2. 6.2

   The cancellation period ends 14 days after the day we confirm your order or, if the equipment is delivered to you, 14 days after the day it is delivered, whichever is later.

3. 6.3

   To cancel, tell us clearly by email to [email protected], by phone on 020 3161 4195 or by post to our correspondence address. You may use the model cancellation form below, but you do not have to.

4. 6.4

   If you cancel before the equipment is delivered, we will refund everything you have paid within 14 days of being told you are cancelling.

5. 6.5

   If you cancel after delivery but before installation, we will arrange to collect the equipment at our cost. Please keep it safe and allow us access to collect it. We will refund you within 14 days of collecting the equipment.

6. 6.6

   Installation within the cancellation period. We will only start installation within the cancellation period if you expressly ask us to when you place your order or book your date, and we will record that request. If you then cancel:

   1. (a)you will pay a proportionate amount for the installation work carried out up to the time you tell us you are cancelling;
   2. (b)we may reduce your refund to reflect any reduction in the value of the equipment caused by it being installed and used; and
   3. (c)once the installation work has been fully completed at your request, you will no longer have the right to cancel the installation work.
7. 6.7

   If you cancel after installation, we will agree with you how the equipment will be removed and your property left safe, and we will explain the amount of any deduction from your refund before we make it.

8. 6.8

   We will refund you using the same payment method you used.

7. Guarantees and warranties

1. 7.1

   Manufacturer’s warranty. Your boiler and other equipment are covered by the manufacturer’s warranty for the period shown in your order confirmation. The warranty is provided by the manufacturer, not by us or the Installer. Manufacturers usually require the boiler to be serviced every year by a Gas Safe registered engineer and records to be kept. Annual servicing is not included in your price unless you buy a WarmBox service plan.

2. 7.2

   Other items we install, such as thermostats, filters and radiators, also carry manufacturer’s warranties. We will give you details on request.

3. 7.3

   Our workmanship guarantee. For 12 months from the date of installation, if a fault arises because of our installation work (including pipework, joints, seals, connections, the flue and condensate pipe), we will put it right free of charge, including parts and labour.

4. 7.4

   Our workmanship guarantee does not cover faults caused by:

   1. (a)the boiler not being used, serviced or maintained in line with the manufacturer’s instructions;
   2. (b)accidental or deliberate damage, or work carried out on the installation by someone other than us;
   3. (c)parts of your existing system that we did not supply or alter;
   4. (d)changes in the pressure or flow rate of your mains water or gas supply; or
   5. (e)events outside our reasonable control, such as flooding, frost damage or power surges.
5. 7.5

   Batteries and other consumable items are not covered by our workmanship guarantee.

6. 7.6

   Your legal rights. Our guarantee is in addition to your legal rights. By law, the equipment we supply must be of satisfactory quality, fit for purpose and as described, and our installation work must be carried out with reasonable care and skill. If it is not, you may be entitled to a repair or replacement, to have the work redone, or in some cases to a price reduction or refund.

7. 7.7

   If you have a problem, please contact us as soon as possible and allow us reasonable access to your property to inspect and put it right. For faults with the boiler itself, you can also contact the manufacturer using the details in your user manual.

8. 7.8

   If you ask us to attend and the problem is not covered by our workmanship guarantee or your legal rights (for example, no fault is found, or the fault is in part of your existing system), we may charge £90 per hour including VAT. Wherever possible we will tell you before attending if a charge is likely to apply.

9. 7.9

   Converting to a combi boiler. Changing to a combi boiler usually increases the pressure in your heating system. This can make existing leaks worse, cause old leaks to return or reveal new ones in the existing system. During the workmanship guarantee period we will re-attend once, for up to 1 hour, free of charge to locate and fix such leaks. If further work is needed, we will provide a quote.

8. Our responsibility for loss or damage

1. 8.1

   We are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill, including where caused by the Installer. Loss or damage is foreseeable if it is obvious it will happen or if both of us knew it might happen when the contract was made.

2. 8.2

   We are not responsible for loss or damage that is not foreseeable.

3. 8.3

   We supply our goods and services for domestic and private use only. We are not responsible for any loss of profit, loss of earnings, loss of business, business interruption or loss of business opportunity.

4. 8.4

   Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence or the negligence of the Installer, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the goods and services we supply.

5. 8.5

   If something that is your responsibility (such as removing asbestos, upgrading existing infrastructure or obtaining a permission) prevents installation for more than 6 months after your order, we may end the contract by writing to you. We will refund what you have paid, less the reasonable costs we have already incurred (such as equipment that cannot be returned to the supplier and visits made), which we will itemise for you.

6. 8.6

   We are not responsible for delays caused by events outside our reasonable control, such as severe weather, supplier failures or industrial action. If this happens, we will contact you as soon as possible and arrange a new date. If the delay is significant, you may cancel and receive a full refund.

9. Your personal information

1. 9.1

   We use your personal information to process your order, arrange your installation, register your warranties and meet our legal obligations. We share it only as needed for these purposes, for example with the Installer, the equipment manufacturer, Gas Safe Register and building control.

2. 9.2

   WarmBox is registered with the Information Commissioner’s Office as a data controller under registration number ZB090356. Full details of how we use your information and your rights are in our Privacy Policy.

10. Complaints

1. 10.1

   If you are unhappy with any part of our service, please contact us by phone on 0203 161 4195, by email at [email protected] or by post to our correspondence address. We will acknowledge your complaint within 5 working days and aim to give you a full response within 10 working days. Our Complaints Procedure explains the process in full.

2. 10.2

   If you remain unhappy after our final response, you can get free, impartial advice from Citizens Advice on 0800 144 8848. As a TrustMark registered business, you can also ask TrustMark to help resolve your complaint. You may also be able to bring a claim in the courts.

11. General

1. 11.1

   We will communicate with you by phone and by email, using the email address you gave us when you ordered. Please tell us promptly if your contact details change.

2. 11.2

   We may transfer our rights and obligations under this contract to another organisation. We will tell you if this happens and it will not affect your rights. You may only transfer your rights to someone else with our written agreement.

3. 11.3

   No one other than you and us has any right to enforce this contract under the Contracts (Rights of Third Parties) Act 1999.

4. 11.4

   If a court decides that any part of these terms is unlawful or unenforceable, the remaining terms will continue to apply.

5. 11.5

   Our name, logos and materials are our intellectual property and must not be copied or reproduced without our permission.

6. 11.6

   These terms are governed by the law of England and Wales. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts. Otherwise, legal proceedings may be brought in the courts of England and Wales.

Model Cancellation Form