Terms and Conditions of Sale
By signing the Customer Order Form you will be entering into a legally binding contract with Qualis Scotland Ltdfor the supply of the goods and services detailed on the quotation (the Goods and Services). Goods andServices are supplied by Qualis Scotland Ltd subject to the following terms and conditions and it is importantthat you read these before signing so that you understand your rights and obligations.
1. CONFIRMATION OF GOODS AND SERVICES/PRICE AND PAYMENT1. 1.1Confirmation of Goods, Services and Price: Occasionally it may be necessary for Qualis Scotland Ltdto carry out a survey of your home after you have signed the Order Form in order to confirm that it ispossible to supply the Goods and Services at your home. If as a result of that survey: (a) it becomesapparent that it would be unsafe or otherwise unadvisable to supply the Goods and Services at yourhome then Qualis Scotland Ltd may cancel this contract without liability but if it does so, QualisScotland Ltd will refund to you any deposit or other amount paid by you in advance; or (b) QualisScotland Ltd needs to make any variation to the Goods and Services or the price payable by you thenthose changes will be subject to your written agreement and if you do not wish to accept the changesproposed by Qualis Scotland Ltd then you may cancel this contract and if you do so, Qualis ScotlandLtd will refund to you any deposit or other amount paid by you in advance. When the supply of Goodsand Services is covered by our Fixed Price Quote, it may still be necessary for Qualis Scotland Ltd tomake a variation to your order. If the price payable by you changes due to scaffolding costs over £425or asbestos costs for the removal of the boiler and/or flue and/or asbestos insulation board (AIB) arerequired then these changes will be subject to your written agreement and if you do not wish to acceptthe changes proposed by Qualis Scotland Ltd then you may cancel this contract and if you do so,Qualis Scotland Ltd will refund to you any deposit or other amount paid by you in advance.1.2Specification of Goods and Services: All Goods supplied will correspond with any specificationprovided by Qualis Scotland Ltd and be of satisfactory quality and fit for purpose. All Services will beperformed by Qualis Scotland Ltd using all reasonable skill, care and diligence. Qualis Scotland Ltdmay after the date of this contract make reasonable changes to the specification of any Goods orServices where that is required to ensure compliance with any applicable law or code of practice and/or wherethose changes do not result in any reduction to the standard, quality or performance ofthe Goods or Services in question or otherwise place you at any disadvantage.1.3Deposit: Qualis Scotland Ltd will NOT request any deposit at any time prior to commencing any workagreed. Payment will be requested on completion of work1.4Payment: The balance of the price will become payable by you immediately upon Qualis Scotland Ltdhaving delivered the Goods and completed the Services in accordance with this contract and you mustnot unreasonably withhold or delay providing confirmation that the Goods and Services have beendelivered and performed to your reasonable satisfaction.1.5Credit Agreements: If you have entered into a credit agreement with a finance provider Qualis ScotlandLtd has introduced you to, you will need to enter into a separate agreement with that provider (and thefunds will be paid direct to Qualis Scotland Ltd). If you later decide to withdraw from that creditagreement under the Consumer Credit Act 1974, you will still be responsible for paying (and must payin accordance with the terms of this contract) the outstanding balance of the price payable by you toQualis Scotland Ltd under this contract.1.6Ownership of Goods: All Goods supplied remain the property of Qualis Scotland Ltd until paid for byyou in full although this retention of ownership will not affect any claim which Qualis Scotland Ltd mayhave against you for the payment of any overdue amount.1.7Late Payments: If you fail to pay any amount owed to Qualis Scotland Ltd under this contract on-timethen Qualis Scotland Ltd may suspend without liability further deliveries of any Goods and/orperformance of any Services (including warranty repairs) until you have paid all overdue amounts.1.8VAT: Qualis Scotland Ltd shall be entitled to adjust the price payable by you to reflect any subsequentchanges to the rate of VAT.
2.0UTILITY SUPPLIES AND GAS SAFETY2. 2.1Utility Supplies You are responsible for ensuring at your own cost that your home has a safe electricityand natural gas supply connection and associated meters prior to Qualis Scotland Ltd commencingwork (excluding gas in the case of oil fired boilers where you are instead responsible for ensuring aconnection to a suitable oil tank). Unless specifically provided for on the Order Form, arranging suchsupply connections and meters do not form part of the Services which Qualis Scotland Ltd are toperform.2.2Gas Safety: As part of its legal duty as a Gas Safe registered engineer Qualis Scotland Ltd is only ableto connect appliances such as your new boiler to gas supplies which are safe. On the first day ofinstalling your new boiler Qualis Scotland Ltd will carry out a gas soundness test to confirm whetheryour gas supply is safe. Should any leak or other defect with your gas supply be identified as a resultof that test then Qualis Scotland Ltd will be required to condemn your gas supply and will not be ableto commence work until your gas supply is made safe. Any such work required to make your gassupply safe is not included in the price of this contract although can be undertaken by Qualis ScotlandLtd subject to the payment of an additional amount by you which will be agreed with you in advance.Alternatively, you can arrange for another Gas Safe registered engineer to carry out such works atyour cost if you do not want Qualis Scotland Ltd to carry out that work but Qualis Scotland Ltd will notbe able to continue with the installation of your new boiler until that work is completed. If you delay ordecide not to proceed with the work required to make your gas supply safe then Qualis Scotland Ltdmay cancel this contract without liability but if it does so, Qualis Scotland Ltd will refund to you anydeposit or other amount paid by you in advance.
3.0DELIVERY DATES3. 3.1Delivery Dates Any dates for delivery/performance of the Goods and Services are estimates and whilstQualis Scotland Ltd will always try to meet those dates it will not be liable for any minor delays orfailures. In particular, Qualis Scotland Ltd will not be liable for any delays caused by circumstancesbeyond its reasonable control (such as adverse weather conditions, staff illness or a general marketshortage of particular goods or parts, particularly in the case of spare parts for older/obsolete boilers).3.2Termination due to Delay: You have the right to terminate this contract without reason and at no cost atany-time before actual delivery of the Goods to your home and during a limited period followingdelivery – the cancellation terms are listed in point 9.2 and sets out full details of these rights and howyou can exercise them. In addition, if Qualis Scotland Ltd fail to deliver the Goods and complete theServices by any dates agreed with you then, provided that the delay is not as a direct result of anybreach by you of any of your obligations under this contract (such as you failing to allow QualisScotland Ltd access to your home) and/or due to circumstances beyond Qualis Scotland Ltd’sreasonable control, you may request in writing that Help- Link complete all deliveries and Serviceswithin a further reasonable time-period. If Qualis Scotland Ltd then fail to complete all deliveries andServices within the reasonable time-period specified by you, you will then have the option to terminatethis contract due to Qualis Scotland Ltd’s breach.
4.0ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE4. 4.1Access to your Home: You must provide Qualis Scotland Ltd with free access to your home to enable itto deliver the Goods and carry out the Services. You must also provide Qualis Scotland Ltd with freeaccess to water, electricity and gas for such purposes. You must ensure that you have secured inadvance any necessary licences, permits or authorisations required to enable Qualis Scotland Ltd todeliver the Goods and carry out the Services at your home (such as any listing building consents, ifapplicable).4.2Damage to Goods: Once any Goods have been delivered to your home you will become liable for anyloss or damage to those Goods unless such loss or damage was caused by Qualis Scotland Ltd itselfor as a result of you carrying out a reasonable and careful inspection of those Goods to confirm thatthey comply with the requirements of this contract.4.3Working Hours: Qualis Scotland Ltd will usually carry out work at your home during its usual workinghours on Mondays to Fridays however, occasionally Qualis Scotland Ltd may decide at its ownexpense to work outside of these days/hours to enable it to complete work as soon as possible and/orto minimise any delay and you agree to grant access to your home outside of these days/hours ifrequested by Qualis Scotland Ltd. If you request that Qualis Scotland Ltd carry out work outside ofthese days/hours other than in order to allow Qualis Scotland Ltd to remedy any breach of this contract(for example, if you ask Qualis Scotland Ltd to fit your new boiler on a Saturday as that is the mostconvenient day for you) then Qualis Scotland Ltd’s agreement to do so will be subject to you firstagreeing to pay Qualis Scotland Ltd’s additional charges for working outside of these days/hours whichcharges will be advised to you in advance.4.4Suspension of Work: If Qualis Scotland Ltd suspend or delay the delivery of any Goods and/or theperformance of any Services at your request or as a direct result of any breach by you of yourobligations under this contract (for example, if you have failed to arrange a gas and electricity supply toyour home before Qualis Scotland Ltd commence work) then in addition to the original price payableby you, Qualis Scotland Ltd reserves the right to charge you a reasonable additional amount to coverany unavoidable, or irrecoverable costs and/or expenses incurred by Qualis Scotland Ltd as a directresult of its suspension or delay in those circumstances.4.5Damage to your Home: Whilst Qualis Scotland Ltd accepts liability for any reasonably foreseeabledamage caused to your home as a direct result of its breach of this contract, you accept that somelevel of minor/cosmetic damage may be caused in order to perform the Services (such as damage toplasterwork, paintwork, decorations, flooring, wall coverings etc.) and that Qualis Scotland Ltd will notbe responsible to you for making good such damage. In particular, in no circumstances will QualisScotland Ltd be liable to bury any pipework into floors or walls and cuts or holes made by QualisScotland Ltd will be made good but not permanently finished or redecorated; floorboards will bereinstated or replaced where necessary but special or laminated floors cannot be matched or finished;and any carpets which have been lifted will be re-laid by Qualis Scotland Ltd to the best of its ability butQualis Scotland Ltd will not be responsible for damage caused to carpets which are glued or naileddown. Unless specifically set out on the Order Form, Qualis Scotland Ltd will not be responsible forboxing in any new or existing pipework. Where Qualis Scotland Ltd is responsible for making good anysuch loss or damage, Qualis Scotland Ltd cannot guarantee to match any bricks, stonework etc. on alike for like basis.4.6Liability for Structural Defects: Qualis Scotland Ltd will not be liable for any damage to your homewhich is caused as a direct result of structural defects or weaknesses at your home unless: (a) thatdamage is caused as a direct result of a breach by Qualis Scotland Ltd of this contract; and/or (b) theexistence of the defect or weakness in question should have been reasonably apparent to QualisScotland Ltd upon a reasonable visual inspection of the area in which the Services are to be performedprior to Qualis Scotland Ltd commencing work (although for the avoidance of doubt, Qualis ScotlandLtd will not be obliged to carry out a detailed structural survey of the entire of your home nor anyinspection of any parts not immediately visible to the naked eye (for example, any pipes buried underfloorboards)).
5.0DANGEROUS MATERIALS5. 5.1Removal of Non-Dangerous Materials: As part of the Services Qualis Scotland Ltd will remove anynon-dangerous waste items from your home (such as your old boiler) which will become the propertyof Qualis Scotland Ltd upon removal. However, the Service does not include the removal by QualisScotland Ltd of any dangerous materials from your home (such as asbestos) that it would not bereasonably possible for Qualis Scotland Ltd to have identified when carrying out a reasonable visualinspection of the area of your home where the Services are to be performed prior to you signing theOrder Form.5.2Removal of Dangerous Materials: If any such dangerous materials are subsequently found at yourhome then Qualis Scotland Ltd may agree (at its discretion) to remove those for you for an additionalcharge agreed with you in advance. If not, you must arrange at your own expense for a specialistcontractor to remove those dangerous materials as soon as possible and Qualis Scotland Ltd will beentitled to suspend further works until you have done so and provided it with a “site clearance forreoccupation” certificate which should be provided by your specialist contractor.5.3Delay in Removing Dangerous Materials: If there is any significant delay in you arranging for theremoval of any such dangerous materials from your home or should you refuse to arrange for removalof those dangerous materials then Qualis Scotland Ltd will be entitled to terminate this contract andshould it do so, you must pay to Qualis Scotland Ltd a reasonable proportion of the overall price toreflect the Goods and Services which Qualis Scotland Ltd have already provided prior to termination.
6.0QUALIS SCOTLAND LTD’S RESPONSIBILITIES TO YOU6. 6.1Qualis Scotland Ltd’s Responsibility for Death or Personal Injury: Qualis Scotland Ltd accepts fullresponsibility for any death or personal injury which may be caused: as a result of its negligence; byany breach of its obligations under this contract; and/or as a result of any other act or omission on thepart of Qualis Scotland Ltd and none of the limitations on the liability of Qualis Scotland Ltd set out inthis contract will apply to claims for death or personal injury for which Qualis Scotland Ltd isresponsible.6.2Qualis Scotland Ltd’s other Responsibilities to You: If Qualis Scotland Ltd breaches any of itsobligations owed to you then Qualis Scotland Ltd accepts responsibility for any loss or damage whichyou may suffer as a direct result of its breach and which was reasonably foreseeable on the date onwhich you signed the Order Form. Qualis Scotland Ltd does not though accept any responsibility forloss or damage which is not caused as a direct result of its breach (including liability for any loss ofearnings) or which was not reasonably foreseeable on the date on which you signed the Order Form.Further, Qualis Scotland Ltd does not accept responsibility for any loss or damage to the extent that itis caused as a direct result of you breaching any of your obligations under this contract (for example, ifyou fail to provide Qualis Scotland Ltd with access to your home to enable it to perform the Services)and/or due to circumstances beyond its reasonable control.6.3Allowing Qualis Scotland Ltd the Opportunity to Put Things Right: If you suffer any loss or damage forwhich Qualis Scotland Ltd is responsible then you must afford Qualis Scotland Ltd a reasonableopportunity to remedy the problem (for example, by allowing Qualis Scotland Ltd access to your hometo repair any damage for which it is responsible) and you must take reasonable steps to minimise oravoid any loss or damage which you may suffer as a result of Qualis Scotland Ltd’s breach of thiscontract. Qualis Scotland Ltd will not be responsible for any loss or damage which you fail to afford it areasonable opportunity to put right and/or which could have been avoided or minimised by you takingreasonable steps which you failed to take.
7.0VARIATIONS TO THESE TERMS AND CONDITIONS AND ASSIGNMENT7. 7.1Variations to these Terms and Conditions: Other than in the limited circumstances detailed in theseterms and conditions where Qualis Scotland Ltd may make certain unilateral changes, any variation tothese terms and conditions will only be valid if agreed between you and Qualis Scotland Ltd in writing.7.2Assignment: Qualis Scotland Ltd may assign or sub-contract some or all of its rights and obligationsunder this contract from time to time but any such assignment will only be in circumstances which donot prejudice your rights under this contract.8WARRANTIES8. 8.1Gas Boiler Warranty: All gas boilers supplied by Qualis Scotland Ltd are provided with the benefit of amanufacturer backed parts and labour warranty (excluding timers and controls – see 8.3 below). Thismeans that subject to the following terms and conditions, should a fault develop with your boiler duringthe warranty period following its installation, the manufacturer of your boiler will repair that fault free ofcharge.8.2Installation Warranty: All parts installed by Qualis Scotland Ltd are covered by a 12month QualisScotland Ltd backed installation warranty.8.3Timers and Controls: The manufacturer’s warranty period relevant to your timers and controls will beprovided post installation.8.4Radiators and Towel Rails: Where any radiators or towel rails are supplied the relevant manufacturer’swarranty will be provided post installation.8.5Notification of Warranty Claims: You must notify Qualis Scotland Ltd of any warranty claim as soon asreasonably possible after becoming aware of the fault or issue in question, using the contact details setout in the warranty pack provided to you by Qualis Scotland Ltd.8.6Warranty Conditional upon Annual Service at Your Cost: In order to benefit from the above boilerwarranty, you must arrange for your boiler to undergo an annual safety inspection and service for eachyear of the applicable warranty period. The cost of this annual inspection and service is not included inthe price of this contract and must be paid for by you in addition. Qualis Scotland Ltd can carry outannual inspections and services for you for an additional charge or you can arrange for anothersupplier (who must be Gas Safe registered) to carry these out for you instead.8.7Your Obligation to retain Gas Inspection Records: If you do arrange for another supplier to carry outthese inspections and services then you must ensure that your supplier is Gas Safe registered andobtain from that supplier and keep in a safe place documentation to evidence that each annualinspection and service has been carried out. You must produce this documentation if requested to doso by Qualis Scotland Ltd or the manufacturer of your boiler.8.8Operation of your Boiler: In order to benefit from the above warranty you must also ensure that youoperate your boiler at all times in accordance with the manufacturer’s instructions. Where your boiler isa combination boiler you should be aware that if more than one tap or outlet is used simultaneouslywater flow rates will be reduced – this is a characteristic of all combination boilers and is not a fault.8.9Exclusions from Warranty Claims: Neither Qualis Scotland Ltd nor the manufacturer of your boiler, itstimer and controls and/or radiators/towel rails (if applicable) will be liable to you, whether under thiscontract or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault ofproblem arises as a result of: (a) any failure by you to comply with your obligations set out aboveregarding the operation, inspection and servicing of your boiler (or should you be unable to produceevidence that your boiler has undergone an annual service and inspection) and/or you failing to notifyQualis Scotland Ltd of any warranty claim as soon as reasonably possible; (b) any deliberate damageor vandalism; (c) damage caused by circumstances outside of the control of Qualis Scotland Ltd (forexample, due to structural problems at your home); (d) any damage caused by any third party carryingout work on your boiler and/or radiators/towel rails (if applicable) other than where such third party wasacting at the request of or on the behalf of Qualis Scotland Ltd and/or the manufacturer of your boilerand/or radiators/towel rails (if applicable); and/or (e) any variation in the water flow rate to your home(as such rates can fluctuate dependent on the time of day and the age and condition of the watersupply to your home). Further, the replacement of any lamps or bulbs fitted to your boiler are alsoexcused from this warranty as is any replacement or repair of timers and controls after the expiry of thewarranty period for those as detailed in paragraph 184.108.40.206Exclusion of Your Existing System: The above warranty applies only to your new boiler, its timer andcontrols and/or radiators/towel rails (if applicable) and does not extend to cover your existing widercentral heating and plumbing system (any components not supplied by Qualis Scotland Ltd such asexisting radiators, pipe-work, showers, taps etc.) or the drains at your home. Whilst Qualis ScotlandLtd will endeavour to advise you of any potential problems or issues with your existing system whichare obvious on a visual inspection of the easily accessible parts of that system prior to commencingwork, Qualis Scotland Ltd will not be obliged to carry out a detailed inspection of all parts of thatsystem (for example, of any pipes buried under floorboards) and all installations are carried out byQualis Scotland Ltd on the assumption that your existing system is and will be maintained by you in asatisfactory condition. Unless directly caused by a breach by Qualis Scotland Ltd of this contract,Qualis Scotland Ltd will not be responsible for repairing any faults or issues which may develop infuture with your existing system and/or drains and/or for any loss or damage which may be caused byyour existing system and/or drains.8.11Shower Connections: In particular, you should be aware that due to the wide variety of showersinstalled in UK homes, it is not possible to guarantee that your new boiler will be compatible with yourexisting shower and whilst Qualis Scotland Ltd will endeavour to assess whether this is a risk prior toinstalling your new boiler, Qualis Scotland Ltd will not be liable to you if your existing shower is notcompatible with your new boiler.
9.0TERMINATION OF THIS CONTRACT9. 9.1Unless terminated earlier in accordance with its provisions, this contract will automatically terminate onthe last day of the applicable warranty period. Any termination of this contract will not affect any claim,cause of action or liability which may have arisen before the date of termination.9.2You can cancel this contract during a “cooling-off period” of up to 14 days after we have delivered toyou or supplied the relevant Goods, which will normally be the day before we start installation. Byentering into this contract, you agree that we can on your request start work before your cooling-offperiod ends. If you decide to cancel this contract after we have started the delivery of Goods andServices to you, we reserve the right to charge you for any Goods or Services delivered.