Terms & Conditions of Supply and Installation

1. Quotations

1.1 All quotations are based on the information available to us at the time of quotation and on the assumption that the existing installation and property conditions are as described or reasonably apparent.

1.2 A quotation is valid for 30 days, unless otherwise stated.

1.3 A quotation does not constitute acceptance of a contract until you accept the quotation and we confirm the work.

1.4 Any changes or additional works requested by you after acceptance may result in additional charges.

1.5 Where additional work is required because of unforeseen circumstances, concealed defects or conditions that could not reasonably have been identified before work commenced, we will explain the additional work and associated cost to you before proceeding wherever reasonably possible.

2. Scope of Works

2.1 The agreed scope of works will be detailed in the quotation or invoice.

2.2 Unless specifically stated in the quotation, the following are not included:

• Plastering, decorating or making good of walls;
• Flooring or specialist joinery;
• Electrical work outside the agreed heating installation;
• Asbestos removal;
• Removal of contaminated materials;
• Structural alterations;
• Building work or specialist access equipment;
• Upgrading existing pipework, radiators or controls unless specifically quoted;
• Remedial work required to bring existing installations up to current standards.

2.3 We will take reasonable care to minimise disruption and damage to your property. However, some disturbance, drilling, cutting or removal of existing materials may be necessary to complete the works.

3. Existing Heating Systems

3.1 Where an existing boiler, heating system, pipework, flue, controls or associated equipment is retained, we cannot guarantee the future performance or lifespan of those existing components.

3.2 Where an existing component is found to be unsafe, defective or unsuitable for continued use, we may need to isolate it or recommend replacement or remedial work.

3.3 We will not be responsible for faults that arise in existing components which were not replaced as part of the agreed works.

4. Gas Work and Safety

4.1 All gas work carried out by us will be undertaken by appropriately qualified and registered engineers.

4.2 Gas installations and appliances will be installed and tested in accordance with applicable legislation, regulations, manufacturer instructions and relevant standards.

4.3 If an existing gas appliance, flue, pipework or installation is found to be unsafe, we may be required to isolate or disconnect it.

4.4 We will not reconnect or leave in operation an appliance or installation that we reasonably consider unsafe.

4.5 Where applicable, relevant certification and commissioning documentation will be provided following completion of the installation.

5. Building Standards and Compliance

5.1 Works will be carried out in accordance with applicable Scottish Building Standards and other relevant requirements.

5.2 Where a building warrant, planning permission, factor approval, landlord approval or other third-party consent is required, responsibility for obtaining that consent will be agreed before work starts.

5.3 Unless specifically included in our quotation, we are not responsible for obtaining permissions or approvals relating to alterations outside the heating installation.

5.4 Where applicable, the customer must provide us with reasonable access to the property and relevant documentation required to complete the works.

6. Payment

6.1 Unless otherwise agreed in writing, payment is due on completion of the works.

6.2 For larger installations, we may require a deposit or staged payments. These will be stated on the quotation.

6.3 Payment may be made by bank transfer, card or another payment method agreed with us.

6.4 Where payment is not made when due, we reserve the right to suspend further work and/or pursue recovery of the outstanding amount.

6.5 The customer remains responsible for payment of the agreed price notwithstanding any subsequent manufacturer warranty claim or third-party issue, unless otherwise agreed in writing.

7. Additional Works

7.1 If additional work becomes necessary, we will advise you of the reason and cost before carrying out the work where reasonably practicable.

7.2 Additional work may include, but is not limited to:

• Replacement of defective valves;
• Replacement or alteration of pipework;
• Flue alterations;
• Condensate drainage alterations;
• Electrical upgrades;
• Controls or thermostat alterations;
• Removal of defective or unsafe equipment;
• Repairs to existing heating systems;
• Remedial works required to meet applicable standards.

7.3 Emergency or safety-critical work may occasionally need to be carried out immediately to make an installation safe. We will explain the work and cost as soon as reasonably possible.

8. Products and Equipment

8.1 Equipment supplied will normally be new and sourced from recognised manufacturers and suppliers.

8.2 Product specifications may be changed by the manufacturer without notice. Where a quoted product becomes unavailable, we may offer a suitable equivalent subject to your agreement.

8.3 Manufacturer warranties are subject to the manufacturer’s own terms and conditions.

8.4 Where applicable, the customer is responsible for registering the appliance with the manufacturer unless registration is specifically included within our quotation.

9. Manufacturer Warranties

9.1 Any manufacturer’s warranty is provided by the manufacturer and is separate from our installation service.

9.2 We will not be responsible for manufacturer defects outside the installation workmanship covered by our own warranty.

9.3 Warranty claims may require the manufacturer or an authorised service engineer to inspect the appliance.

9.4 Manufacturer warranties may be subject to requirements including registration, servicing and use in accordance with the manufacturer’s instructions.

10. Our Workmanship

10.1 We will carry out installation work with reasonable care and skill.

10.2 Unless otherwise stated in writing, our installation workmanship is covered by a 1-year workmanship warranty from the date of completion.

10.3 Our workmanship warranty does not cover:

• Misuse or accidental damage;
• Damage caused by freezing;
• Damage caused by poor water quality or system contamination;
• Failure of existing components not installed by us;
• Failure to maintain or service the system;
• Unauthorised alterations or repairs;
• Manufacturer defects;
• Damage caused by external factors beyond our reasonable control.

11. Customer Responsibilities

You agree to:

11.1 Provide safe and reasonable access to the property.

11.2 Ensure that the property is reasonably accessible on the agreed installation date.

11.3 Inform us of any known asbestos, hazardous materials, structural problems, previous leaks or other relevant property conditions.

11.4 Obtain any required permissions from landlords, factors, property owners or other relevant parties unless we have agreed to do so.

11.5 Provide suitable access to electricity, water, gas and other services required to carry out the works.

11.6 Remove valuable, fragile or personal belongings from areas where work will take place.

12. Delays and Cancellation by Us

12.1 We will make reasonable efforts to complete work on the agreed date.

12.2 Installation dates are estimates and may be affected by circumstances outside our reasonable control, including:

• Supplier delays;
• Product shortages;
• Severe weather;
• Emergency call-outs;
• Access problems;
• Discovery of unforeseen defects;
• Delays caused by other contractors;
• Utility or service interruptions.

12.3 We will make reasonable efforts to notify you of significant delays and arrange an alternative date.

13. Cancellation by the Customer

13.1 Where consumer cancellation rights apply, nothing in these Terms & Conditions affects those statutory rights.

13.2 Where you have requested that work begins during a statutory cancellation period, you may be required to pay for work properly carried out up to the point of cancellation, where permitted by law.

13.3 Bespoke, specially ordered or non-returnable goods may be subject to different cancellation rights where permitted by law.

13.4 Any cancellation charges will be reasonable and will not exceed the costs or losses permitted by applicable law.

14. Consumer Rights

14.1 Nothing in these Terms & Conditions removes or limits any rights you have under applicable consumer protection legislation.

14.2 Services will be carried out with reasonable care and skill and goods supplied will have the rights and protections provided by applicable law.

14.3 If you believe that work or equipment is defective, please contact us promptly so that we have a reasonable opportunity to investigate and, where appropriate, put matters right.

15. Complaints

15.1 If you have a complaint, please contact us as soon as possible.

15.2 We will investigate complaints fairly and aim to resolve them promptly.

15.3 Please provide details of the work, your address, invoice/reference number and the nature of the complaint where possible.

15.4 We reserve the right to inspect and, where appropriate, rectify alleged defects before another contractor is instructed to carry out remedial work.

15.5 Nothing in this clause prevents you from exercising any statutory rights available to you.

16. Property Damage

16.1 We will take reasonable care of your property while carrying out the works.

16.2 Where necessary, reasonable access holes, drilling, cutting or removal of materials may be required.

16.3 Unless specifically included in the quotation, decorative finishing such as painting, wallpapering, tiling or specialist joinery is not included.

17. Waste and Disposal

17.1 Unless otherwise stated, we will remove normal waste directly resulting from the works.

17.2 Removal of unusual, hazardous or contaminated materials may incur an additional charge.

18. Photographs and Records

18.1 We may take photographs of the installation before, during and after the works for purposes including installation records, commissioning, warranty, insurance and quality control.

18.2 We will not use photographs containing identifiable personal information for advertising or promotional purposes without appropriate permission.

19. Liability

19.1 Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

19.2 We will not be liable for indirect or consequential losses to the extent permitted by law.

19.3 We will not be responsible for loss or damage caused by pre-existing defects, concealed conditions or components outside the scope of our works, except where such liability cannot lawfully be excluded.

20. Force Majeure

20.1 We will not be liable for failure or delay caused by circumstances beyond our reasonable control, including severe weather, supplier failures, shortages, industrial disputes, utility failures, government restrictions or other unforeseen events.

21. Title to Goods

21.1 Where legally permitted, ownership of goods supplied by us remains with Kozy Heating Solutions until payment has been received in full.

21.2 Risk in goods will pass in accordance with applicable law.

22. Pricing and VAT

22.1 Prices will be stated on the quotation.

22.2 Unless otherwise stated, prices will identify whether VAT is included.

22.3 Any changes in the scope of work may result in a change to the quoted price.

23. Governing Law

23.1 These Terms & Conditions are governed by the laws of Scotland.

23.2 Any dispute will be dealt with in accordance with applicable Scottish law and the appropriate Scottish courts.

24. Acceptance

By accepting our quotation, paying a deposit, instructing us to proceed, or allowing the works to commence, you acknowledge that you have had an opportunity to read and understand these Terms & Conditions.

Nothing in these Terms & Conditions affects your statutory rights as a consumer.