Terms and Conditions

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Any order shall only be deemed to be accepted when HIU Service issues an Order Acknowledgement, despatches the Goods, provides the Services, or issues an Invoice, at which point the Contract shall come into existence.

The Contract constitutes the entire agreement between the parties and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of HIU Service which is not set out in the Contract.

Any samples, drawings, descriptive matter, or advertising produced by HIU Service or on the HIU Service Website and any descriptions or illustrations contained on the HIU Service Website are produced for the sole purpose of giving an approximate idea of the Goods and/or Services described. They shall not form part of the Contract or have any contractual force.

A quotation for the Goods and/or Services given by HIU Service shall not constitute an offer. A quotation shall be valid for a period of 30 days only from its date of issue.

All contracts made between HIU Service and the Customer after the first Order Acceptance, Goods or Invoice sent by HIU Service to the Customer shall be deemed to include these Conditions whether or not these Conditions are specifically referred to.

All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

Your Annual Service shall include:

1. a test of the functionality and safety of your HIU and other items covered under the level of cover purchased, as specified in the Services Specification.
2. if we have a concern over the functioning of your HIU we may provide a quotation to investigate further, which may include stripping down your HIU and quoting other repairs we consider necessary to ensure you have an operational HIU.
3. if we consider it necessary, we may quote to repair or replace any part and where we do so we shall use parts of a similar or standard specification.

 The Customer shall:

1. co-operate with HIU Service in all matters relating to the Services;
2. provide HIU Service, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by HIU Service to provide the Services;
3. provide HIU Service with such information and materials as HIU Service may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
4. where applicable, prepare the Customer's premises for the supply of the Services;
5. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
6. comply with all applicable laws, including health and safety laws;
7. keep all materials, equipment, documents and other property of HIU at the Customer's premises in safe custody at its own risk, maintain the HIU Service Materials in good condition until returned to HIU Service, and not dispose of or use the HIU Service Materials other than in accordance with HIU Service written instructions or authorisation; and
8. comply with any additional obligations as set out in the Service Specification and the Goods Specification.

If HIU Services’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

1. without limiting or affecting any other right or remedy available to it, HIU Service shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the HIU Services’ performance of any of its obligations;
2. HIU Service shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the HIU Services’ failure or delay to perform any of its obligations as set out in this clause.

We specifically exclude from our Annual Service and Repairs services, unless stated in the Services Specification:

1. repairs to other parts of the heating or plumbing system which are outside of the originally supplied HIU, including radiators, underfloor heating manifolds, heating or hot water controls and other valves not located on the HIU; or
2. devices such as magnetic filtration devices; or
3. chemical system or radiator flushes; and
4. metering and associated charging systems which may be connected to the HIU.

If you are not able to keep an appointment you should contact us at the earliest opportunity to let us know and arrange an alternative appointment.

The charges for Services shall be calculated on a fixed contract or time and materials basis as follows:

1. the charges set-out in the HIU Service Website for a fixed price service or repair
2. the charges shall be calculated in accordance with HIU Services’ daily fee rates, as set out in the quotation
3. HIU Services’ daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm worked on Business Days; and
4. HIU Service shall be entitled to charge an overtime rate of 150% of the daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 9.1) on a quoted basis.

The Customer shall pay the invoice in full and in cleared funds immediately. Payment shall be made by the payment options available on the HIU Service Website.

The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). HIU Service may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by HIU Service to the Customer.

We may cancel the contract immediately given written notice in the following circumstances

1. you provide false or misleading information in entering into an Annual Service or requesting a Repair
2. you fail to make payment in advance for a repair or service
3. spare parts are not readily available for us to continue to provide a service to your HIU
4. health, safety or wellbeing issues arise or identified which present a risk to our employees or contractors and prevent us from providing the services under this Contract
5. we are unable to access your property to carry out any work following a missed appointment

You may cancel without penalty during the 14-day cooling off period which commences on the date we issue your Order Confirmation and prior to the Annual Service or Repair appointment being arranged. If you wish to cancel during this period you should notify us in writing by emailing expert@hiuservice.co.uk.

If this contact is terminated and after an Annual Service or Repair, or without reasonable notice of a cancellation, there is no refund in full or part.

Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.

Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

 Nothing in these Conditions shall limit or exclude the liability of HIU Service for:

1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or
2. fraud or fraudulent misrepresentation; or
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
4. defective products under the Consumer Protection Act 1987; or
5. any matter in respect of which it would be unlawful for HIU Service to exclude or restrict liability.

Subject to clause 13.1:

1. HIU Service shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
2. the total liability of HIU Service to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods and/or Services.

HIU Service has given commitments as to compliance of the Goods and Services with relevant specifications. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

This clause 13 shall survive termination of the Contract.

Notices.               

1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be sent by e-mail or pre-paid first-class post.
2. A notice or other communication shall be deemed to have been received: if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission.
3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Severance.

1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
2. If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.

Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by HIU Service.

Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law.

Jurisdiction. Each party irrevocably agrees that the courts in England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).