Terms and Conditions
These terms and conditions cover: Boiler Replacements, Heating Installations, Bathroom and Kitchen Replacements
Please read this document carefully as it will tell you everything you need to know about how we deal with each other when we carry out installation work in your home. If you have any questions, please let us know before you accept the quote.
- Our contract will become binding on you and CMBS only when we contact you and confirm that we are able to provide you with the Services. We will confirm this in writing to you. Our contract is made on these Terms alone.
- We will carry out the work set out on your quote, for the price that is stated in it, under the following terms and conditions. All prices include VAT at the current rate.
- Your quote is valid for 28 days and we must begin the work within 90 days of your acceptance. After this time your quote will no longer be valid and you will need to get another quote.
- We offer a 12 month installation warranty. This is only valid on the works we have completed. For example the warranty won’t cover any problems created by your existing pipework if we have only replaced your boiler and radiators. You will also have an additional enhanced warranty on the products fitted with the manufacturers which will be advised on your quotation.
- The price we quote does not include the cost of removing any dangerous waste materials, such as asbestos, that we could not reasonably identify when we gave you your quote. You can call a specialist contractor to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a ‘site clearance for reoccupation’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.
- The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts and/or old bathroom suite or bathroom/kitchen units that we replace.
- The price we quote does not included removing and disposing of any Waste Electrical or Electric Equipment. We can arrange a separate quote for this from one of our chosen waste management suppliers or we can place this outside for you to contact your local council for uplift.
- Any time frames we give you are our best estimates and we will do what we can to keep to those time frames. Where there are likely to be delays we will let you know as soon as possible and agree new time frames with you. The time it takes us to complete the work has no effect on the price we quoted you.
- We will take care to carry out the work without causing damage to your property. If we cause unnecessary damage because of negligence we will put it right.
- We will need certain information from you to provide the Services, for example, your choice of Boiler, Kitchen and/or Bathroom, the type of property, any specific requirements or special conditions (e.g. parking restrictions, red routes, listed building status etc). We will contact you about this. If you do not, after being asked by CMBS, provide us with this information, or you provide us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend Our installation work. We will not be responsible for any consequences you suffer where you have not provided the information to CMBS have requested.
- We may need you to lift carpets or take up all or some other floor coverings, including tongue-and-grooved floor coverings, parquet, hardwood, rubber or tiled floors, so we can complete the work. We will give you as much notice as possible if we need you to do this. You can call a specialist contractor to do this work or we may be able to do it for you at an extra cost. If we do any of this work for you we will only be responsible for any unnecessary damage caused directly by our negligence and it will be your responsibility to put the floor coverings back once the work is completed unless new floor coverings are part of your agreement.
- If you are a tenant, you will need your landlord’s permission before you allow us to start the work, and we may need you to give us evidence that you have got this permission. If we carry out work at the landlord’s property and you have not got permission or have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get your landlord’s permission.
- If your property is a listed building, it is your responsibility to make sure that you get any permission you need before we start the work, and we will need evidence from you that you have got this permission. If you do not get the permission you need, you may be prosecuted in the criminal courts. We will not be able to start any work if you have not got the appropriate planning permission or if you are unable to give us evidence that you have this permission. If we carry out work at your property and you have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get the permission you needed, which may include court fines and penalties.
- You will need to have an adequate water, gas and electricity supply to your property before we can start the work. CMBS can put you in touch with a gas or electricity distribution company to arrange this if you need us to. If the installation you require is not a standard installation (for example, it included moving services, connection services or building works) this may incur further charger and you may be asked to enter into a further agreement with us for these works.
- CMBS may have to suspend our installation work if we have to deal with technical problems, or to make improvements to the Services which we agreed with you. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
- CMBS only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and CMBS have no liability to you for any loss of profit, loss of revenue, loss of data or loss of business or for any injury to your reputation.
- Nobody else will be able to benefit from this agreement. This agreement is governed by the laws of Scotland.
- If CMBS design a product for you, We will own all the legal rights in the product, the product design and any drafts, drawings or illustrations We make for you.
- We cannot be responsible if we cannot meet our responsibilities because of things beyond our control including, for example, poor weather conditions, industrial disputes, strikes that we are not directly involved in or if we find that species (for example bats, birds, butterflies and dormice) or plants that could be subject to special protection are found to be present in your property.
- To carry out the work as quickly as possible, we may use one of our approved installers. All installers that we use are fully qualified and Gas Safe registered (if required), and they all carry identity cards. We are responsible for the approved installers we use.
- You must pay the deposit shown on your quote when you accept the quote. You must pay the quoted price for the work when we have finished the installation unless you have signed a credit agreement. If your credit agreement ends for whatever reason under the terms of the Consumer Credit Act 1974, you must pay the rest of the quoted price to us immediately, instead of to the finance company.
- T&C’s Specific to Boiler Replacements
- Where we have connected new equipment to your existing system, we cannot accept responsibility for the cost of repairing or replacing parts of your existing system that later develop faults, unless we have been negligent in not realising that this damage to your existing system would happen or unless the way we carried out the work was negligent and this caused the fault.
- Sometimes we have to do extra work if we cannot use existing pipework or wiring to install the boiler, and this can cause damage to things like inside and outside finishing’s (for example, wall coverings and paint). You may need to redecorate, repair or restore certain areas once the work is completed. This is not included in the price we quoted and you will be responsible for this.
- We will test your water supply pressure before we start work. As water supply rates can change, we cannot be responsible for your central heating system failing to work properly because your water supply becomes inadequate or keeps changing, unless we were negligent in how we tested your water pressure.
- If you need a deeper clean to remove sludge and other waste from your central heating system, we will recommend you buy a power flush with your installation. Our engineer will also tell you what other work is needed to avoid future problems. We may suggest you correct any design faults that may cause the problem to return.
- CMBS will register your boiler for your manufacturer warranty. For your manufacturer warranty to remain valid you must refer to their terms and conditions. This will likely require you to have your boiler serviced annually. CMBS is not responsible for ensuring your boiler is serviced and maintained as per the manufacturers guidelines and this remains the owner’s responsibility.
- T&C’s Specific to Bathroom Replacements
- We will make every effort to supply you with what you have chosen however if your selected bathroom suite or kitchen is no longer available we will offer you a like for like alternative. If you wish to select different items we will need to give you another quotation for the works if the items are more expensive.
- Your Cancellation Rights.
- You can cancel this agreement up to 14 days after the day any goods are delivered. This is called your ‘cooling off’ period. By signing the quotation you’ve agreed that we can start work before your cooling off period ends. If you cancel your agreement after work has started, we will charge you our reasonable costs for:
- any work already carried out, or
- any goods already installed into your property
- You won’t be able to cancel once work is fully completed or the goods have been installed into your property. We can deduct our costs from any deposit you’ve paid or bill you for them.
- If you have signed a credit agreement which relates to this agreement, your credit agreement will be automatically cancelled if this agreement is cancelled.
- If you wish to cancel, you can use the form but you don’t have to. You can also call us on 0141 613 3193 or email us at firstname.lastname@example.org.
- If there is a significant delay in the installation after the cooling off period that was not caused by you, or was not caused by events beyond our control, then you will have a right to cancel this agreement and receive a full refund (within 14 days of the cancellation) providing you notify us prior to the installation taking place. If we have seriously broken our duties to you, as set out in this agreement, you have a right to cancel and receive a full refund.
- We can cancel this agreement at any time by giving you written notice. If we cancel this agreement without good reason, we will pay you any reasonable costs you have to spend or losses you suffer as a direct result of our cancellation.
- Using personal information
- We may use information about you to do the following:
- Register your details with manufacturers of the products we have installed for you who may contact you
- Register your details with accreditation bodies such as Gas Safe, MCS and Green Deal.
- Provide you with the services you have asked for (which may include loyalty and incentive scheme we may run)
- Offer you accounts, services and products from us.
- Help run, and contact you about improving the way we run any accounts, services and products we have provided in the past, we are providing now, or may provide in the future.
- Create statistics, test computer systems, analyse customer information, create profiles and create marketing opportunities
- Help maintain your, and the members of your family or households’, health, safety and security.
- If we have been asked (for example by Ofgem or a lawyer) to provide information for legal or regulatory purposes.
- As part of current or future legal action.
- As part of government data-sharing initiatives, for example, those designed to help stop fuel poverty (where people cannot afford to pay for heating and electricity).
- To help manage any loyalty or rewards schemes.
- If you do not pay your debt, we may transfer your debt to another organisation and give them details about you.
- Help train our staff.
- We may also monitor and record any communication we have with you, including phone conversations and emails, to make sure that we are providing a good service and meeting our regulatory and legal responsibilities. When we contact you, we may use any information we hold about you to do so. As a result we may contact you by email, phone, text message or other forms of electronic communications or by visiting you. If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with your preference of communication with us for marketing purposes. You can ask us not to send you any information on our offers at any time by contacting us and giving us your details. We may check your details with one or more credit-reference and fraud prevention agencies to help us make decisions about your capacity to pay your bills and the goods and services we can offer you.
If you give us sensitive information about yourself or other people (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the person the information is about has agreed) that we can use this information in the way set out in this document.
You are entitled to have a copy of the information we hold about you and to have any inaccurate information corrected. We may charge a small fee for providing a copy of any information we hold about you. For more information about this, please contact our office at:
CMBS, 6 Seath Road, Rutherglen, South Lanarkshire, G73 1RW