Terms and Conditions
These Terms and Conditions (“T&Cs”) govern the basis on
which all services and supplies shall be provided by
Express Gas & Electrical Limited, trade as Herts
Boilers, its operatives and/or engineers.
purpose of these T&Cs the following words shall have the
(a) “The Company” shall mean
Express Gas & Electrical Limited.
Customer” shall mean the person or organisation for whom
the Company agrees to carry out works and/or supply
The operative or engineer shall mean
the representative of the Company.
1. The Company
reserves the right to refuse or decline work at its own
discretion. Where the Company agrees to carry out works
for the Customer those works shall be undertaken by an
operative of Company at its absolute discretion.
2. Unless agreed otherwise, the total charge to the
Customer shall consist of the cost of materials supplied
by the Company and the amount of time spent by the
operative in carrying out works (including all
reasonable time spent in obtaining unstocked materials)
charged in accordance with the Company’s current hourly
rates. Costs exclude VAT which will be added to the
3. All calls, voicemails and text
messages to and from the Company may be recorded, logged
4. Where a written estimate has been
supplied to the Customer, please note that this is an
estimate only and it may be materially revised in the
(i) if after submission
of the estimate the Customer instructs the Company
(whether orally or in writing) to carry out additional
works not referred to in the estimate;
after submission of the estimate there is an increase in
the price of materials;
(iii) if after submission
of the estimate it is discovered that further works need
to be carried out which were not anticipated when the
estimate was prepared; and if after submission of the
estimate it is discovered that there was a manifest
error when the estimate was prepared.
(a) Chemical treatment of central
heating pipe work carries a slight risk of opening old
leaks on the system. This can not be covered by any
estimate that does not expressly include such remedial
work. The Company insurance policy does not cover any
damage or additional costs associated with any such
(b) The conversion of an open
vented heating system to a sealed type (required by
certain boilers) puts the system under slightly higher
working pressures. This can lead to the failure of
radiators and hot water cylinders. This shall not be
deemed the responsibility of the operative or the
Company. Should such a failure occur additional works
may be required.
(c) The installation of unvented
boilers, cylinders or similar appliances requires
notification to the local building authority. It is the
Customer’s responsibility to make this notification save
that the Company may, where agreed and subject to a
reasonable administration fee, provide notification on
the Customer’s behalf.
(d) The Company can
dispose of waste for the Customer by prior arrangement
subject to additional charges which may vary depending
on the type and volume of waste.
(e) The costs
for servicing a boiler or other appliance do not include
repairs that may be required.
(f) Where parking
and congestion restrictions apply, the Customer is
responsible for providing parking permits/vouchers or
fees unless otherwise expressly agreed with the Company.
Where local meters/“Pay and Display” do not offer the
required time period and/or where such arrangements are
not made the Customer will be liable to pay any parking
fine or penalty, and any parking fine, penalty or other
charge may be added to the invoice for any works carried
(g) All gas installations will be tested for
leaks prior to the commencement of any related works.
The Company is unable to work with a gas installation if
it does not comply with Gas Safety (Installation and
Use) Regulations 1998. This includes working gas
pressures. Gas pipe work must conform to BS6891 and be
sufficiently sized to suit the installation. Unless
otherwise stated, upgrading of gas supplies is classed
as additional work and charged accordingly.
Where the involvement of an emergency service is
necessary (for example, National Grid), it may not be
possible for the engineer to remain on site for their
arrival. It is the responsibility of the
landlord/owner/tenant to allow access required by the
service in question.
(i) The Company can not
provide an emergency service. The Company can not
guarantee the time of response, including in relation to
warranty issues. The Company will use reasonable
endeavours to send an engineer as soon as possible.
(j) EC/UK employment laws, Health and Safety at Work
Act and concomitant legislation supersede any oer or
statement made with respect to any estimate or invoice
5. Invoices are due for payment immediately upon
delivery to the Customer. Any part of that invoice which
remains unpaid shall carry interest of 8% over the base
rate until payment in full is received by the Company.
Further, in the event of delayed or non-payment of
charges the Company reserves the right to charge
reasonable administration fees incurred for pursuing
6. Where the date and/or time for works
to be carried out is agreed by the Company with the
Customer, then the Company shall use its reasonable
endeavours to ensure that the operative shall attend on
the date and time agreed. However, the Company accepts
no liability in respect of the non attendance or late
attendance on site of the operative/engineer or for the
late or non delivery of materials.
Customer shall accept sole liability to discharge the
Company's account unless he/she discloses to the Company
when initially instructing the Company to carry out work
and/or supply materials that he/she is fully authorised
and acting on behalf of a third party (including without
limitation a company or partnership).
8. If the
Customer cancels their instructions prior to any work
being carried out or materials supplied then the
Customer shall be liable for any related expenditure
incurred by the Company for the purposes of carrying out
the previously instructed work.
9. If, after the
Company shall have carried out the works, the Customer
is not wholly satisfied with the works then the Customer
shall give notice in writing within 12 months to the
Company and shall afford the Company, and its insurers,
the opportunity of both inspecting such works, and
carrying out any necessary remedial works if
appropriate. The Customer accepts that if he/she fails
to notify the Company as aforesaid then the Company
shall not be liable in respect of any defects in the
works carried out.
10. Any guarantee provided by
the Company shall be for labour only in respect of
faulty workmanship for 12 months from the date of
completion with the manufacturers warranty in force. The
guarantee will become null and void if the
work/appliance completed/supplied by the Company is:
(a) subject to misuse or unlawful damage; or
repaired, modified or tampered with by anyone other than
a Company operative.
11. The Company will accept
no liability for, or guarantee suitability of, materials
supplied by the Customer and will accept no liability
for any consequential damage or fault.
Company will not guarantee any work in respect of
blockages in waste and drainage systems etc. The company
will not guarantee any work undertaken on instruction
from the customer and against the written or oral advice
of the operative. Work is guaranteed only in respect of
work directly undertaken by the Company and payment in
full has been made. Any faults arising from recommended
work which has not been undertaken by the Company will
not be guaranteed.
13. The Company shall not be
held liable or responsible for any damage or defect
resulting from work not fully guaranteed or where
recommended work has not been carried out. Work will not
carry a guarantee where the Customer has been notified
by the operative either orally or in writing of any
other related work which requires attention. The
Customer shall be solely liable for any hazardous
situation in respect of GSIU Regulations or a Gas
Warning Notice issued.
14. Where the Company
agrees to carry out works on installations of inferior
quality or over ten years old at that date no warranty
is given in respect of such works and the Company
accepts no liability in respect of the effectiveness of
such works or otherwise.
15. Any redecorating
required as a result of works undertaken by the Company
is the responsibility of the customer unless explicitly
stated in writing. Where making good is required the
Company agrees to do so in order to maintain the
integrity of the building fabric.
16. These T&Cs
may not be varied or modified in any manner except in
writing by a duly authorised representative of the
Company and by the Customer, save where otherwise
required by law. Further, these T&Cs shall prevail over
any terms and conditions used by the Customer or
contained or set out or referred to in any documentation
sent by the Customer to the Company; by entering into a
contract with the Company the Customer agrees
irrevocably to waive the application of any such terms
17. Title to any goods, supplied
by the Company to the Customer shall not pass to the
Customer but shall be retained by the Company until
payment in full for such goods has been made by the
Customer to the Company. Until such time as title in the
such goods has passed to the Customer:
Company shall have absolute authority to repossess, sell
or otherwise deal with or dispose of all any or part of
such goods in which title remains vested in the Company;
(ii) for the purpose specified in (i) above, the
Company or any of its agents or authorised
representatives shall be entitled at any time and
without notice to enter any premises in which goods or
any part thereof is installed, stored or kept, or is
reasonably believed so to be; and
Company shall be entitled to seek a court injunction to
prevent the Customer from selling, transferring or
otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall
pass on delivery of the same to the Customer, and until
such time as title in such goods has passed to the
Customer, the Customer shall insure such goods to their
replacement value and the Customer shall forthwith, upon
request, provide the Company with a certificate or other
evidence of such Insurance.
18. The Company shall
not be liable for any delay or for the consequences of
any delay in performing any of its obligations if such
delay is due to any cause whatsoever beyond its
reasonable control, and the Company shall be entitled to
a reasonable extension of the time for performing such
19. To the extent that any provision
of these T&Cs is void, voidable or unenforceable, that
fact shall not affect the operation of any other clause,
subclause or part thereof.
These T&Cs and all
contracts awarded between the Company and Customer shall
be governed and construed in accordance with the laws of
England and Wales and shall be subject to the exclusive
jurisdiction of the courts of England and Wales.