Boiler Terms & Conditions

Please see our boiler terms & conditions below.

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply our Gas
Appliances to you. References within these terms to:

(a) ‘Gas Appliances’ are to the goods and services which we have agreed to supply to
you in accordance with, or ancillary to, the delivery and installation of the boiler
and/or fire and/or cooker and which are listed in the document marked ‘Fixed Price
Quotation’ that has been signed by us and submitted to you in accordance with
these terms;

(b) ‘Service Plans’ are to services which will be supplied for a period of time after the
Gas Appliances have been installed by us pursuant to these terms including any
agreed Service Plans whether or not listed in the document marked ‘Fixed Price
Quotation’

1.2 Service Plans are not governed by these Terms and Conditions. Service Plans are
governed by separate conditions which can be found online at www.allenglandgas.co.uk
(“Service Plan Terms”). If you require a paper copy of these terms please contact us on the
details provided below at paragraph 2.

1.3 Why you should read them. Please read these terms carefully before you agree to enter into a
contract with us in accordance with paragraph 3.1. These terms tell you who we are, how we
will provide Gas Appliances to you, how you and we may change or end the contract, what to
do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are All England Gas Services Limited a company registered in England and
Wales. Our company registration number is 06851127 and our registered office is at Lakeside
House, Kingfisher Way, Stockton on Tees, TS18 3NB. You can contact us by telephoning our
customer service team at 0845 2693649 or 01642 937030 or by writing to us at
newboiler@allenglandgas.co.uk or our registered office

3. OUR CONTRACT WITH YOU

3.1 When a contract is formed. You will only enter into a binding agreement for the supply of
Gas Appliances with us upon the satisfaction of all of the following (as applicable):

(a) your confirmation that you have accepted the Fixed Price Quotation in writing (a
quotation will only be a ’Fixed Price Quotation’ if it is specified as such) ; and

(b) the payment by you to us of the deposit (if any) specified in the Fixed Price
Quotation in cash cleared funds; and

(c) (if entering into a credit agreement with a member of our lender panel as detailed at
paragraph 3.2) the receipt of an offer in principle from the relevant finance
provider.

If a deposit is paid and any subsequent application for credit with one of our credit providers
detailed at paragraph 3.2 is rejected, we will return the deposit to you in full.

A Fixed Price Quotation will only be issued after an engineer has attended your property to
undertake a survey of the property, boiler and plumbing. Any quotes provided to you (in
writing or otherwise) prior to the Fixed Price Quotation (including via the website operated by
us) will be an indicative quote only and not be binding between you and us.

If Service Plans are referred to in the Fixed Price Quotation a contract will be formed in
accordance with the Service Plan Terms.

A Fixed Price Quotation is valid for 28 days after this time the Fixed Price Quotation will no
longer be valid and your acceptance of the Fixed Price Quotation will not be binding on us.

3.2 Credit Agreements. If you have entered into a credit agreement with a member of our lender
panel to finance the Gas Appliances this is a separate agreement with the credit provider. If
you later decide to withdraw from that agreement under the Consumer Credit Act 1974, you
will still be responsible for paying (and must pay in accordance with the terms of this contract)
the outstanding price payable by you to All England Gas Services Limited in accordance with
these terms.

3.3 We only sell to the UK. Our brochure and website are solely for the promotion of our
products in the UK. Unfortunately, we do not accept orders from or deliver to addresses
outside the UK.

3.4 Exclusions to services provided. The work we undertake in providing the Gas Appliances
does not include:

(a) any work needed to contain, valuate or remove hazardous materials (including
asbestos); or

(b) any plastering or other decoration (including the filing of any pre-existing holes).

3.5 Removal of old gas appliances. As part of the services we will remove and dispose of any
old Gas Appliance unless you request otherwise.

3.6 Termination of the Contract. Unless terminated earlier in accordance with its provisions,
this contract will automatically end on the last day of the applicable warranty period stated in
paragraph 10.3.

4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Gas Appliances or our contract with you after the point a
contract has been formed between you and us but before the completion of the installation
(including to the agreed delivery date or arrangements) please contact us and we will let you
know if the change is possible. If it is possible we will let you know about any changes to the
price, the timing of supply or anything else which would be necessary as a result of your
requested change and ask you to confirm whether you wish to go ahead with the change. Once
you have confirmed the change we will undertake our contract to you in accordance with such
changes and your initial contract with us will have been amended accordingly. If you wish to
end the contract because a change you have requested cannot be made, or due to the changes
in your contract as a result of the requested changes, then you may do so in accordance with
paragraph 8.

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes All Gas Appliances supplied will be as per the description, manufacturer (if
appropriate) and specification provided in the final quotation. We may change the Gas
Appliances or other elements of the contract:

(a) to reflect changes in relevant laws, regulatory requirements and/or codes of
practice; and

(b) to implement minor technical adjustments and improvements. These changes will
not affect your use of the Gas Appliances.

 

5.2 Major Changes If during the installation process we become aware of something that impacts
on our ability to provide the Gas Appliances which was not identifiable during our initial
survey we may need to make changes to the initial contract. We will inform you of what these
changes are and you can either:

(a) accept the amended contract and your initial contract with us will have been
amended accordingly; or

(b) terminate the contract following the period of suspension under paragraph 7.8
(depending upon the reasons why such changes was made in the first instance).
Any changes made will not place you at any disadvantage or result in any reduction to the
standard, quality or performance of the Gas Appliances except where expressly stated.

6. UTILITY SUPPLIES, GAS SAFETY AND DANGEROUS SUBSTANCES

To enable us to provide our Gas Appliances it is your responsibility to ensure that your
property has a natural gas supply, a safe electrical supply, that any wall, structure or surface
upon which you wish us to install Gas Appliances is suitable and stable, and that no
dangerous substances (such as asbestos) are present. If you do not comply with this condition
then we may suspend the supply of our Gas Appliances in accordance with paragraph 7.7 or
change our contract in accordance with paragraph 5.2.

 

7. PROVIDING THE GAS APPLIANCES

7.1 When we will provide the Gas Appliances. During the order process we will agree a date for
supplying the Gas Appliances (which will be the date specified in the Fixed Price Quotation)

7.2 We are not responsible for delays outside our control. If our supply of the Gas Appliances
is delayed by an event outside our control (such as adverse weather conditions, staff illness, or
a general market shortage of particular Gas Appliances or parts or issues with our
manufacturers or suppliers) then we will contact you as soon as possible to let you know and
we will take steps to minimise the effect of the delay. Provided we do this we will not be
liable for delays caused by the event, but if there is a risk of substantial delay you may contact
us to end the contract and receive a refund for any amounts paid by you to us (including the
deposit)

7.3 Termination due to Delay: You have a right to terminate this contract and have any deposit
you have paid returned if we fail to deliver the Gas Appliances by the date agreed with you,
provided that any failure is not a result of: a) any breach of this contract on your behalf and/or
b) delays that are outside of our control as described above at paragraph 7.2 or c) any
suspension of work pursuant to these terms. If you terminate your contract under this
paragraph, you will be entitled to a return of all funds paid by you to us (including the deposit)

7.4 If you do not wish to terminate due to delay: If you do not terminate under paragraph 7.3 or
you do not have a right to do so under paragraph 7.3 or elsewhere in these terms we can
arrange a new deadline for the installation of the Gas Appliances which is reasonable to both
parties. If this new deadline is not met then the provisions of paragraph 7.3 and this 7.4 will
again apply.

7.5 Access to your home. You must allow us to enter your home to provide any Gas Appliances
and also allow free access to water, electricity, gas and facilities as necessary. If you are not
at home or do not allow us access to your property to deliver the Gas Appliances as arranged
(and you do not have a good reason for this) we may charge you additional costs incurred by
us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange
access to your property we may end the contract and any deposit will be non-refundable.

7.6 Responsibility for Gas Appliances and ownership. Once any Gas Appliances have been
delivered and installed at your property you will be liable for any loss or damage to those Gas
Appliances except in the event that any loss or damage is caused by an employee of us or we
are required to remedy such damage pursuant to these terms. All Gas Appliances supplied
remain the property of us until payment for the Gas Appliances is received in full.

7.7 Reasons we may suspend the supply of Gas Appliances to you. We may have to suspend
the supply of Gas Appliances:

(a) if it becomes apparent that it would be unsafe or otherwise unadvisable to supply
the Gas Appliances at the property; and/or
(b) if your property does not have a natural gas supply, safe electrical supply or
asbestos is present; and/or
(c) if any wall, structure or surface upon which you wish us to install Gas Appliances is
unsuitable or unstable; and/or
(d) if you do not pay the deposit (if applicable) on the date specified in the Fixed Price
Quotation and any remaining balance in full on or before the date of installation (if
payment is to be made on the date of installation this must be done before any work
may begin); and/or
(e) to update the Gas Appliances to reflect changes in relevant laws and regulatory
requirements; and/or
(f) make or consider changes to the Gas Appliances as notified by us to you (see
paragraph 5 ) in circumstances where (a) – (c) above do not apply.

7.8 Your rights if we suspend the supply of Gas Appliances. If we suspend the supply of Gas
Appliances we will contact you to tell you. If the supplies of Gas Appliances are:

(a) suspended for a reason set out at (a)-(e) above, we will notify you in writing what
the problem is and what must be done by you to rectify the problem. If the problem
is rectified to our satisfaction to enable our employees to resume supplying any Gas
Appliances within 4 weeks of notification, we will rearrange a suitable time to
resume the supply. If the problem isn’t rectified to our satisfaction within 4 weeks
of notification we reserve the right to consider this a breach of your obligations
under the contract and may end the contract in accordance with paragraph 9

(b) suspended for a reason set out at (f) above, we will notify you in writing. If we are
not in a position to resume the supply of Gas Appliances within 4 weeks of
notification you may end the contract in accordance with paragraph 8.2 any monies
paid in advance will be refunded to you in full

7.9 Late Payments. If you fail to pay any amount due to us under this contract to us on time, we
may suspend the supply of Gas Appliances until you have paid any overdue amount. If we
suspend or delay the delivery of any Gas Appliances as a result of your breaching your
obligations under this contract we reserve the right to charge you any additional amount
incurred by us as a result and may keep any deposit that has been paid to cover these
expenses.

 

8. YOUR RIGHTS TO END THE CONTRACT

8.1 Subject to the remaining paragraphs of this section, you may cancel this contract and receive a
full refund at: (a) any time before delivery and installation of any Gas Appliances; or (b)
within 14 days of the date on which the Gas Appliances are delivered to you, without having
to give us any reason whatsoever. This is known as your “Cooling Off Period”. If you cancel
this contract within the Cooling Off Period (subject at all times to this paragraph 8) we will
refund all payments that we have received from you, including your deposit. We shall refund
you all sums received no later than 14 days from the date on which we receive your notice of
cancellation (using the same payment method as you used to pay us.)

8.2 If there is a significant delay in the installation of the Gas Appliance after the expiry of the
Cooling Off Period which was:-

(a) not caused through an act of your own; or
(b) not caused by events outside of our control and was caused by our breach of
this agreement

then you shall have a right to cancel this agreement and receive a full refund (within
14 days of cancellation) providing you notify us prior to the installation of the Gas
Appliance taking place.

8.3 You shall not have the right to cancel the supply of Gas Appliances if such Gas Appliances
have been made bespoke to your specification; have been personalised; or permanently
modified during installation specifically to meet the needs of your property. For the avoidance
of doubt you will not be entitled to a refund in respect of these Gas Appliances.

8.4 Performance of Installation During Your Cooling Off Period. If you would like us to
begin installation of a Gas Appliance within your Cooling Off Period you must expressly
request us to do so by ticking the relevant box where indicated on the Fixed Price Quotation.
(If you do not tick this box we will not be able to begin installation of your Gas Appliance for
a period of 14 days after it has been delivered to you.)

8.5 How To Cancel. You may cancel your contract with us in accordance with this section by
contacting us on the details provided in section 2 of these terms and conditions. You may use
the model cancellation form provided if you wish. On receipt of notice of cancellation the
contract will end immediately.

8.6 Effects of Cancellation. Except in the event that this contract is cancelled in accordance with
section 8.2 (in which case we will cover the costs of collection and removal of the Gas
Appliance) if you cancel this contract, we will proceed to collect any Gas Appliances that
have been delivered to you provided that you are liable for our costs and expenses incurred in
their collection (which shall include the uninstallation of any Gas Appliances which have
already been installed). We will charge you £75 plus VAT for collection of the Gas Appliance
and an additional fee if the Gas Appliance needs to be uninstalled from the Property (the
amount charged for uninstalling will vary on a case by case basis but we estimate that the fee
for this will not exceed £250 plus VAT). Once we have received your notice of cancellation
we will contact you to arrange a date for collection. You must agree to a collection date
scheduled within 14 days of the date on which you send us notice of cancellation and must
provide us with access to your property on the date of collection. We will deduct any amounts
due to us from any deposit which has been received or if your refund has already been
processed or the sums due to us exceed the deposit, we will charge you for the sums
outstanding.

8.7 If you request that we begin installation during your Cooling Off Period and choose to cancel
your agreement after installation works have started, we will charge you for: our reasonable
costs for any works already carried out; any Gas Appliances to which section 8.2 applies; and
for any diminished value of the Gas Appliance resulting from use of the product or handling
the product beyond what is necessary to establish its nature, characteristics and functioning.
We will deduct any amounts due to us from any deposit which has been received or if your
refund has already been processed or the sums due to us exceed the deposit, we will charge
you for the sums outstanding.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We reserve the right to cancel a contract for the
provision of Gas Appliances at any time if you break any of the terms of this contract. If we
cancel the contract as the result of you breaching any of the terms we may keep any deposit
paid and reserve the right to charge you a reasonable additional amount to cover any
unavoidable costs, expenses and/or losses incurred by us as a result of the said breach.

9.2 We may withdraw the Gas Appliance. We may write to you to let you know that we are
going to stop providing the relevant Gas Appliance. We will let you know in advance of our
stopping the supply of the product and will refund any sums you have paid in advance for Gas
Appliance which will not be provided.

 

10. IF THERE IS A PROBLEM WITH A GAS APPLIANCE

10.1 How to tell us about problems. If you have any questions or complaints about the Gas
Appliances we have provided please contact us. You can telephone our customer service team
at 0845 2693649 or 01642 937030 or write to us at newboiler@allenglandgas.co.uk or All
England Gas Services Limited, Lakeside House, Kingfisher Way, Stockton on Tees, TS18
3NB.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key legal rights in
relation to the product. Nothing in these terms will affect your legal rights.

If your product is goods, e.g a boiler, a fire or a cooker the Consumer Rights Act 2015 says goods
must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your
product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full
refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to
some money back.
If your product is services, for example the installation of your boiler the Consumer Rights Act 2015
says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or
get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

10.3 Our warranty. All of our Gas Appliances are supplied with the benefit of at least a 12 month
manufacturer backed warranty for parts and labour. Should a fault occur with your Gas
Appliance within the first 12 months following installation please contact us immediately and
(subject to your statutory rights of refund listed above) we will arrange for the fault to be
repaired by either us or the manufacturer, reserving the right to replace parts or products with
parts of products which are similar, or better. Some of our Gas Appliances also have a longer
manufacturer only guarantee or warranty period; please see your individual model for further
details. The manufacturer warranty is provided and managed by the relevant manufacturer of
the relevant Gas Appliance and we will have no liability to you with respect of the Gas
Appliance (except as set out in paragraph 10.2) after the end of our 12 month warranty period.

10.4 Exclusions From warranty claims. You must ensure that you operate your Gas Appliance at
all times in accordance with the manufacturer’s instructions to benefit from the above
warranty. The warranty only applies to your Gas Appliance supplied by us and does not cover
any existing central heating or plumbing system or pipes. PLEASE NOTE: The installation
of a new boiler which is connected to an existing plumbing system may result in high pressure
which can cause leaks in existing pipes. This is a matter which is out of our control and
liability and our warranty does not cover any such occurrence.

10.5 Transferring our Warranty. You may transfer our warranty at paragraph 10.3 to a person
who has acquired the product or, where the product is services, any item or property in respect
of which we have provided the services. We may require the person to whom the warranty is
transferred to provide reasonable evidence that they are now the owner of the relevant item or
property.

 

11. PRICE AND PAYMENT

11.1 Where to find the price for the product. The price of the product (which includes VAT) will
be shown on your Fixed Price Quotation which will be provided to you in writing following a
survey. If the rate of VAT changes between your order date and the date we supply the
product, we will adjust the rate of VAT that you pay, unless you have already paid for the
product in full before the change in the rate of VAT takes effect.

11.2 When you must pay and how you must pay. We accept payment with suitable debit or
credit cards, or via a credit agreement with a member of our lender panel. You must pay the
deposit (if any) on the date specified in your Fixed Price Quotation and any remaining balance
must be paid in full on or before the date of installation (if payment is to be made on the date
of installation this must be done before any work may begin).

11.3 We can charge interest if you pay late. If you do not make any payment to us by the due
date we may charge interest to you on the overdue amount at the rate of 4% a year above the
base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily
basis from the due date until the date of actual payment of the overdue amount, whether
before or after judgment. You must pay us interest together with any overdue amount.

11.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact
us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
Once the dispute is resolved we will charge you interest on correctly invoiced sums from the
original due date.

 

12. LIABILITY FOR DAMAGE

12.1 Damage to your Home. By entering into this contract you accept that some minor/cosmetic
damage may be caused to your home by us in providing our Gas Appliances (for example, but
not limited to: damage to paintwork, plasterwork, wall coverings, paintwork and flooring) and
we will not be responsible for putting good such damage. We will fill in any holes that occur
as a result of drilling during the installation process but we will not be responsible for any
decoration.

12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable
result of our breaking this contract or our failing to use reasonable care and skill. However, we
are not responsible for the cost of repairing any pre-existing faults or damage to your property
that we discover while providing the Gas Appliances.

12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products as summarised at
paragraph 10.2 and including the right to receive products which are: as described and match
information we provided to you and any sample or model seen or examined by you; of
satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable
skill and care and, where installed by us, correctly installed; and for defective products under
the Consumer Protection Act 1987

12.4 We are not liable for business losses. We only supply the products for domestic and private
use. If you use the products for any commercial, business or re-sale purpose we will have no
liability to you for any loss of profit, loss of business, business interruption, or loss of business
opportunity.

 

13. OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. Any transfer will not affect your rights
under this contract.

13.2 You need our consent to transfer your rights to someone else (except that you can always
transfer our warranty). You may only transfer your rights or your obligations under these
terms to another person if we agree to this in writing. However, you do not need our
agreement to transfer the benefit of our warranty or guarantees in paragraph 10 (see paragraph
10.5 ).

13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms 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.

13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or if we delay in
taking steps against you in respect of your breaking this contract, that will not mean that you
do not have to do those things and it will not prevent us taking steps against you at a later date.
For example, if you miss a payment and we do not chase you but we continue to provide the
products, we can still require you to make the payment at a later date.

13.5 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by English law and you can bring legal proceedings in respect of the
products in the English courts.

Still have questions?

Call us now! 0800 193 1938