ONLINE CONSUMER GOODS AND SERVICES TERMS AND CONDITIONS
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 sold on our website;
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.
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 clause 2.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. 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
2.1 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.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0845 2693649 or 01642 937030 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will only accept your order upon the satisfaction of all of the following (as applicable):
a) the payment by you to us of the deposit (if any) as specified in the order form;
b) you have confirmed that there are no leaks or defects within your existing gas pipework during the order process;
c) if entering into a credit agreement with a member of our lender panel as detailed at clause 3.6 the receipt of an offer in principle from the relevant finance provider.
3.2 If a deposit is paid and any subsequent application for credit with a member of our lender panel as detailed at clause 3.6 is rejected, we will return the deposit to you in full.
3.3 If Service Plans are referred to in the order form a contract will be formed in accordance with the Service Plan Terms.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Gas Appliances. This might be because the Gas Appliance is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Gas Appliance or because we are unable to meet a delivery deadline you have specified.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 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.
3.7 We only sell to the UK. Our website is solely for the promotion of our Gas Appliances in the UK. Unfortunately, we do not deliver to addresses outside the UK.
3.8 Exclusions to services provided. The work we undertake in providing 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 filling of pre-existing holes).
3.9 Removal of old gas appliances. As part of the services we will remove and dispose of any old Gas Appliance unless you request otherwise.
3.10 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 clause 13.1.
4. Our Gas Appliances
4.1 Gas Appliances may vary slightly from their pictures. The images of the Gas Appliances on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Gas Appliances. Your Gas Appliance may vary slightly from those images.
4.2 Gas Appliance packaging may vary. The packaging of the Gas Appliance may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the Gas Appliance you have ordered please contact us. 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 of the Gas Appliance, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the Gas Appliances. All Gas Appliances supplied will be as per the description, manufacturer (if appropriate) and specification provided on our website. We may change the Gas Appliance or other elements of the contract:
a) to reflect changes in relevant laws and 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.
6.2 More significant changes to the Gas Appliances and these terms. In addition, as we informed you in the description of the Gas Appliances on our website, we may make changes to these terms or the Gas Appliances. If during the installation process we become aware of something that impacts on our ability to provide the Gas Appliances (for example a gas leak) which we were not aware of 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 clause 8.11 (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.
7. 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 clause 8.10 or change our contract in accordance with clause 6.2.
8. Providing the Gas Appliances
8.1 When we will provide the Gas Appliances. During the order process we will let you know the dates that we can provide the Gas Appliances to you, you will select two dates that are suitable for you, once your order has been accepted we will contact you to agree a delivery date.
8.2 Delivery costs. We will always offer a free delivery option, when you order your Gas Appliances and choose standard delivery.
8.3 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.
8.4 Your legal rights if we deliver goods late. You have a right to terminate this contract and we will refund any sums you have paid for the cancelled goods if we deliver any goods late provided that any delay is not a result of:
a) a breach of this contract on your behalf; and/or
b) delay are outside of our control as described at clause 8.3; or
c) any suspension of work pursuant to these terms.
8.5 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.4 , you can cancel your order for any of the goods. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us by using a reputable courier or you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0845 2693649 or 01642 937030 or email us at email@example.com to arrange collection.
8.7 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.
8.8 When you become responsible for the goods. Once the 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.
8.9 When you own goods. You own a Gas Appliance once we have received payment in full. All Gas Appliances supplied remain the property of us until payment for the Gas Appliances is received in full.
8.10 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 (this includes an unsafe, unhygienic and untidy environment at the property); and/or
b) if your property does not have a natural gas supply, safe electrical supply or if any dangerous substances (such as 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) 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 clause 6) in circumstances where (a) – (c) above do not apply.
8.11 Your rights if we suspend the supply of Gas Appliances. We will contact you in advance to tell you we will be suspending supply of the Gas Appliances. If the supply of the 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 clause 10; or
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 clause 9.3 any any monies paid in advance will be refunded to you in full.
8.12 We may also suspend supply of the Gas Appliances if you do not pay. If you do not pay us for the Gas Appliances when you are supposed to (see clause 14.4), we may suspend supply of the Gas Appliances until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Gas Appliances. We will not suspend the Gas Appliances where you dispute the unpaid invoice (see clause 14.6). We will not charge you for the Gas Appliances during the period for which they are suspended.
9. Your rights to end the contract
9.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Gas Appliances bought online you have a legal right to change your mind within 14 days and receive a refund (Cooling Off Period). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.2 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Gas Appliances repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;
c) If you have just changed your mind about the Gas Appliances, see clause 9.4
d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.8.
9.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Gas Appliances which have not been provided. The reasons are:
a) we have told you about an upcoming change to the Gas Appliances or these terms which you do not agree to (see clause 6.2);
b) we have told you about an error in the price or description of the Gas Appliances you have ordered and you do not wish to proceed;
c) there is a risk that supply of the Gas Appliances may be significantly delayed because of events outside our control;
d) we have suspended supply of the Gas Appliances for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 8.4).
9.4 Ending the contract because you have changed your mind. If you are within the 14 day Cooling Off Period you may be able to get a 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 (in accordance with clause 9.7(b)).
We will refund all payments that we have received from you, including your deposit. And all other 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).
9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
a) Have you bought services (for example, installation of a boiler)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
b) Have you bought goods (for example, a boiler)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
c) Except in each case above where the Gas appliances have been installed at your property you do not have a right to change your mind (in accordance with clause 9.6 above).
9.6 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 to do so by ticking the relevant box where indicated during the order process. (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).
9.7 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
a) services, once these have been completed, even if the cancellation period is still running; and/or
b) any goods which become mixed inseparably with other items after their delivery and/or
c) services have been fully performed (i.e. the Gas Appliances have been installed).
9.8 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.2), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product (i.e. Gas Appliances) is delivered and paid for. A contract for services is completed when we have finished providing the services (i.e. installed the Gas Appliance) and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the costs we will incur as a result of your ending the contract. This amount will vary on a case by case basis but we estimate that the fee will not exceed £250 plus VAT. The exact amount will be confirmed to you in writing when we have received confirmation that you are ending the contract where there is no right to change your mind.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Phone or email. Call customer services on 0845 2693649 or 01642 937030 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Online. Complete the Model Cancellation form [INSERT LINK TO ONLINE FORM] on our website.
10.2 Returning Gas Appliances after ending the contract. If you end the contract for any reason after Gas Appliances have been dispatched to you or you have received them, you must return them to us. You must post them back using a reputable courier or you must allow us to collect them from you. Please call customer services on 0845 2693649 or 01642 937030 or email us at email@example.com to arrange collection. We will 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 Appliance which has already been installed). 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 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. If any Gas Appliances are to be returned, you must return the Gas Appliances in unused, good condition. We request that any Gas Appliances are with their original packaging, ensuring that the Gas Appliances are packaged well enough to avoid any damage.
10.3 When we will pay the costs of return. We will pay the costs of return:
a) if the Gas Appliances are faulty or misdescribed; or
b) if you are ending the contract because we have told you of an upcoming change to the Gas Appliances or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return (see clause 10.4).
10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Gas Appliances from you, we will charge you £75 plus VAT for collection of the Gas Appliance. If a Gas Appliance needs to be uninstalled from your property we will charge an additional fee (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). We will deduct any amounts due to us from any deposit which has been received or if your refund has already been processed or if the sums due to us exceed the deposit, we will charge you for the sums outstanding.
10.5 How we will refund you. We will refund you the price you paid for the Gas Appliances, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our [Returns page INSERT HYPERLINK] for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b) Where the Gas Appliances is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind when we are collecting the Gas Appliances from you from you, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 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.
11.2 We may withdraw the Gas Appliances. We may write to you to let you know that we are going to stop providing the Gas Appliances. We will let you know in advance of our stopping the supply of the Gas Appliances and will refund any sums you have paid in advance for Gas Appliances which will not be provided.
12. If there is a problem with product Gas Appliance
12.1 How to tell us about problems. If you have any questions or complaints about the Gas Appliances, please contact us. You can telephone our customer service team at 0845 2693649 or 01642 937030 or write to us at firstname.lastname@example.org or All England Gas Services Limited, Lakeside House, Kingfisher Way, Stockton on Tees, TS18 3NB.
12.2 Summary of your legal rights. We are under a legal duty to supply Gas Appliances that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Gas Appliances. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a boiler, 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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 9.1.
If your product is services, for example the installation of your boiler, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 9.1.
12.3 Your obligation to return rejected Gas Appliances. If you wish to exercise your legal rights to reject Gas Appliances you must allow us to collect them from you.
13.1 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 clause 13.2) after the end of our 12 month warranty period.
13.2 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.
13.3 Transferring our Warranty. You may transfer our warranty at clause 13.1 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.
14. Price and payment
14.1 Where to find the price for the Gas Appliances. The price of the Gas Appliances (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Gas Appliances advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the Gas Appliances you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Gas Appliances, we will adjust the rate of VAT that you pay, unless you have already paid for the Gas Appliances in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Gas Appliances we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Gas Appliances’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Gas Appliances’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.4When 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) when you submit your order to us and the remaining balance must be paid in full on or before dispatch the products to you (if payment is to be made on the date of installation this must be done before any work may begin).
14.5 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.
14.6 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.
15. Our responsibility for loss or damage suffered by you
15.1 Damage to your home. By entering into this contract you accept that some minor and 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.
15.2 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.
15.3 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 Gas Appliances as summarised at clause 12.2 and including the right to receive Gas Appliances 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 Gas Appliances under the Consumer Protection Act 1987.
15.4 We are not liable for business losses. We only supply the Gas Appliances for domestic and private use. If you use the Gas Appliances 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.
16. How we may use your personal information
17 Other important terms
17.1 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.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty and guarantees at clause 13.3
17.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.4 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 Gas Appliances, we can still require you to make the payment at a later date.
17.5 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 Gas Appliances in the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: All England Gas Limited
Stockton on Tees
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following Service [*],
Ordered on [*]/received on [*],
|Name of consumer(s)||……………………………………………………|
|Address of consumer(s)||…………………………………………………………………………………………………………|
|Signature of consumer(s) (only if this form is notified on paper)||……………………………………………………|
[*] Delete as appropriate