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TERMS AND CONDITIONS

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RAMKI HEATING TERMS AND CONDITIONS

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.

These are the terms and conditions provided in additions to the Installation quotation.

1. 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 exclude VAT at the current rate.

2. 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.

3. 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. 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.

4. The price we quote includes removing all non-dangerous materials, including your old boiler and central heating parts we replace.

5. 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.

6. 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. 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.

7. You will need to have an adequate gas and electricity supply to your property before we can start the work. We can put you in touch with a gas or electricity distribution company to arrange this if you need us to.

8. 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.

9. 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.

10. RADIATORS:

a) Radiators finished in a hard stoved enamel and fitted to the agreed location. Each radiator will be fitted with one lock shield and one hand operated valve or thermostatic radiator valve and one air release valve.

11. TOWEL RAIL:

a) Towel rails will be fitted to agreed location. Each towel rail will be fitted with one lock shield and one hand operated valve and one air release valve.

12. BOILER:

a) To supply and fix a condensing conventional or combination boiler which is an appropriate kilowatt output for the house.

b) The boiler will be installed in accordance to manufactures instructions or Gas Safe regulations

13. FLUE

a) Horizontal fan flue terminal, terminating on outside of an open wall. A terminal guard will be fitted if terminal is less than 2 meters from ground.

b) Vertical fan flue terminal, terminating on outside of roof space, with lead flashing.

c) All flues will be installed in accordance to manufactures instructions or Gas Safe Regulations

14. HOT WATER SYSTEM:

a) A suitable indirect copper cylinder will be supplied and installed on a pumped system. The cylinder will be fully insulated. The secondary side of the cylinder will be connected to a feed; vent and H.W. outlet pipes and a drain off cock will be provided for secondary feed.

b) A suitable indirect unvented cylinder will be supplied and installed on a pumped system. The cylinder will be fully insulated. The secondary side of the cylinder will be connected to a feed; vent and H.W. outlet pipes and a drain off cock will be provided for secondary feed.

15. CONTROLS:

a) Programmers installed in a suitable place.

b) Circulating Pump installed in a suitable place, (built in with system & combination boiler).

c) Hot water temperature control by one of the following:

i) Cylinder thermostat and one motorised valve on pumped circulation,

ii) Cylinder thermostat and three port motorised valve.

d) Room air temperature control by one of the following:

i) Room thermostat,

ii) Room thermostat and one motorised valve or diverter valve.

16. WATER FEED TO SYSTEM;

a) To supply and fit one 6 gallon feed and expansion tank in the loft space or on the wall on angled brackets or on top of fitted cupboard, a B.S.S. ball valve will be provided and overflow and feed pipes will he connected to the tank, A gate valve will be provided on the feed to the Central Heating System, overflow pipe will be of plastic.

OR

b) to supply and fit one expansion vessel in suitable location and overflow and feed pipes will he connected to the vessel. A filling loop will be provided on the feed to the Central Heating System with a pressure gauge, overflow pipe will be of copper. (Vessel and gauge are built in on system & combination boilers)

16. GAS SUPPLY:

a) Extend gas supply from nearest suitable within premises and connect to the boiler through a gas cock. All gas connections to the Gas Safe standard.

17. ELECTRICAL SUPPLY & CONNECTION:

a) To Part P standards necessary electrical supply for the Central Heating will be connected from existing socket or point via 3 Amp fused plug or spurbox.

21. THE QUOTATION INCLUDES THE FOLLOWING:

a) Lifting and refixing of normal soft wood boards and laying down only carpet which we have lifted.

b) Clip up the open pipes and wire.

c) Plaster up the holes that are made by us.

d) After completion of installation work, to fill up the system with water by venting air from the radiators and system and check for any leaks.

e) Measure gas pressure and check for gas leaks.

f) Fire the boiler, check that the controls and boiler are working normally and satisfactorily. Explaining the use of controls to the customer (who should remain present on the day of completion of work).

g) Leaving the system in satisfactory working order.

h) Complete design of layout of pipes and fitting controls will be according to Ramki Heating’s plan.

i) The size of radiators are calculated on the basis of mayers calculators. The minimum temperatures of 21 C in a living room and 18 C in all other rooms should be obtained providing the following conditions are satisfied:

i. The boiler operating at 70 C flow temperature and at least for two

ii. hours at any one ‘on – period’ on programmer.

iii. The floors have some sort of covering and loft space insulated with at

iv. least 150mm thick fiberglass insulation.

v. There is no more than 1½ air change per hour in all rooms and hallway.

vi. The outside temperature is not less than 0 C.

Terms & conditions – Continued

18. CIRCULATING PIPES:

a) Copper or plastic pipes of sizes 28mm, 22mm, 15mm will be used throughout the house. Existing copper pipework will be used unless specifically requested at an additional cost. The pipes in the loft space and under ground floor board will be insulated with pipe lagging: these pipes will be run under floor boards where practical. The different sizes of pipes will he used according to the load required.

19. OPEN VENT TO THE CENTRAL HEATING SYSTEM:

a) Run open vent pipe of 22mm from the boiler and terminate above feed and expansion tank, if open vented system is required.

20. THE QUOTATION DOES NOT INCLUDE THE FOLLOWING:

a) The lifting of any special types of flooring e.g. tongued and grooved parquet, hard wood, hard boards, rubber or tiled floors. This work is best undertaken by a specialist.

b) The lifting or refixing of carpets or linoleum. Any floor coverings removed by us will be so removed and laid at the sole responsibility of the client.

c) Painting of radiators or pipework or redecoration and casing in of any pipe work or hiding in pipes or wires inside wall by making channels in the wall.

d) No additions to cold water or secondary services except those specified in extra work.

e) Ramki Heating does not accept any liability whatsoever for unavoidable damage caused by the disturbance of existing supplies, tank, cylinders or pipes.

f) Ramki Heating does not accept any responsibility for weak, rotten floor boards that break or split or any weak plaster that falls off during the installation work.

g) Ramki Heating do not collect any rubbish e.g. cardboard boxes, bricks, dust, steel tanks, etc.

h) All variations or alterations, even of position of radiators by the client after the date of this quotation are to be paid for as an extra by the client.

g) 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.

21. GUARANTEE:

a) All materials used bear full guarantee of the Manufacturer. Our installation workmanship will be guaranteed against faulty workmanship for period of two years from the date of completion of installation.

24. RECCOMENDATIONS

a) When installing a new boiler it is recommended by Ramki and the manufacturer to carry out a power flush and install a magna clean. This will protect the boiler and enhance the performance of the heating system.

b) When making any changes to the heating system it is recommended to install a room thermostat and thermostatic radiator valves to bring the system to an energy efficient standard which complies with Building Regulation Part L.

c) A carbon monoxide detector is recommended by Ramki Heating and Gas safe for homeowners and especially landlords for tenanted properties to ensure safety in case of a carbon monoxide leak.

25. PAYMENTS

a) A nominal deposit of 20% on agreeing quotation and on delivery of the goods and remaining balance immediately on completion of the work, unless otherwise agreed in writing

b) If additional works are required Labour will be charged from £80 + VAT per hour..

26. CANCELLATION

a) You have a right to cancel a contract during a period of 14 calendar days from the day you agree on this notice. During that period if you choose to cancel the contract any money paid by you will be refunded. However, if you have already given written approval of the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.

b) If you wish to cancel the contract you must do so in writing and deliver personally or send (Which may be by electronic mail or post) to Ramki Heating.

c) The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent.

18. Your quote, together with these terms and conditions, sets out the entire agreement between you and us. Nobody else will be able to benefit from this agreement. This agreement is governed by the laws of England and Wales.

Please click on the image below to see an example of a heating quotation

Ramki-heating-quotation

If you have any complaints please click here

Call us now on 0208 813 4000 for a free no obligation quotation

Annual service terms and conditions

1. We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed.

2. Price and Payment

2.1 The Fee is inclusive of the labour required to Service the appliance. It does not include parts, should the appliance be found to be faulty.

2.2 The Fee is payable in full by you by credit or debit card, at the same time as you place an Order.

3. The Annual Service

3.1 Our engineer will attend at the Property on the agreed date (or such other date as is arranged pursuant to clause 3.3) and will examine the Appliance and perform the Annual Service.

3.2 Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer finds that the appliance is faulty, you may be given the option to arrange a repair to the appliance. If the appliance is still within the manufacturer’s warranty period, it is likely that this will be free of charge from the manufacturer. If the appliance is out of warranty, this repair will be charged at our current standard rate.  If our engineer does not carry all parts necessary to repair the fault at the time of diagnosis, we will arrange a mutually convenient time for an engineer to return to perform the repair, if you so wish.

3.3 We will use all reasonable efforts to ensure that an engineer visits the Property on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get an engineer to attend the Property on the agreed date. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date.

3.4 If you are unable to allow our engineer to access the Property on the agreed date, you should contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding such date) to arrange an alternative date for provision of the Annual Service. Subject to your right to cancel the Contract in accordance with clause above (in which cases no cancellation charge will be made and we will refund the Fee to you), if you inform us after this time we reserve the right to retain a cancellation charge of £50 + VAT

3.5 Once inside the Property, if your Appliance has been installed in an area where it is inaccessible and our engineer cannot gain clear and safe access to it and is therefore unable to service the Appliance, we reserve the right to retain an inspection fee of £50 + VAT.

3.6 Ramki Heating engineers drive transit-style vans and need to access to their van during the Annual Service to fetch tools and equipment. Engineers must therefore be able to park within a practical distance from the Property – it is the customer’s responsibility to ensure that parking is available.

3.7 Our engineers will exercise reasonable care and skill in providing the Annual Service.

4. Guarantee

4.1 We will, free of charge, re-visit an appliance where a problem within the appliance occurs within 12 days of the Annual Service. At this stage, we will perform a free of charge diagnostic check only. This guarantee will not apply where a defect arises as a result of:

(i) wilful or accidental damage;

(ii) use of the Appliance otherwise than in accordance with the user instructions;

(iii) any tampering with, or alteration of, the Appliance by anyone other than us; or

(iv) a fault in any other appliance, such as (without limitation) your ancillary heating system to

which the Appliance is connected.

4.2 THE GUARANTEE SET OUT ABOVE DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. If you prefer, you may rely on your statutory rights rather than make a claim under the guarantee. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.

5. Limitations on our Liability

5.1 We will not be liable to you for any loss, damage, costs or expenses:

(i) that are not a reasonably foreseeable consequence of a breach by us of these Conditions;

(ii) that are not caused by any breach of these Conditions by us; and for business losses, or losses to non-consumers.

5.2 YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE IN PLACE AND MAINTAIN ADEQUATE INSURANCE POLICIES IN RESPECT OF YOUR PROPERTY.

5.3 Nothing in these Conditions shall:

(i) limit our liability under Part 1 of the Consumer Protection Act 1987 in relation to the safety of parts or for death or personal injury caused by our negligence; or

(ii) affect any statutory rights which you may have as a consumer.

6. Events Beyond Our Reasonable Control

6.1 If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our reasonable control including (without limitation), for example, flood, fire, strikes, lockouts, acts of Government, terrorism and non-availability of parts or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or this Contract until such time as we are able to perform the obligations.

6.2 We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.

7. General

7.1 We do not intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this contract.

7.2 This contract shall be governed by and construed in accordance with the laws of England and Wales, and we both agree to submit to the jurisdiction of the courts of England and Wales. Where the Annual Service is to be performed in Scotland, this contract shall be governed by and construed in accordance with the laws of Scotland, and we both agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

7.3 These Conditions can only be amended or varied by written agreement between us.

7.4 If any one or more of the provisions of these Conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired thereby.

9. Contact Us

If you need to contact us at any time or you have any queries or complaints, please contact us via e-mail: info@ramki.co.uk, on 020 8813 4000, or by post to Ramki Heating, Manor Road, London, W13 0AS

Gas Safety terms and conditions

1. We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed.

2. Price and Payment

2.1 The Fee is inclusive of the labour required to service the appliance. It does not include parts, should the appliance be found to be faulty.

2.2 The Fee is payable in full by you by credit or debit card, at the same time as you place an Order.

3. Gas Safety Inspection

3.1 If you are a landlord, under the law it’s your responsibility to make sure you have a valid Gas Safety Certificate for the gas meter, gas pipework and any gas appliance(s) on your property. When your Safety check is due we’ll send you an email or letter. It’s then up to you to contact us to arrange your safety check.

3.2 Our engineer will attend at the Property on the agreed date (or such other date as is arranged pursuant to clause 3.3) and will examine the Appliance and perform the Gas Safety check.

3.3 Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer finds that the appliance is faulty, you may be given the option to arrange a repair to the appliance. If the appliance is still within the manufacturer’s warranty period, it is likely that this will be free of charge from the manufacturer. If the appliance is out of warranty, this repair will be charged at our current standard rate.  If our engineer does not carry all parts necessary to repair the fault at the time of diagnosis, we will arrange a mutually convenient time for an engineer to return to perform the repair, if you so wish.

3.4 We will use all reasonable efforts to ensure that an engineer visits the Property on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get an engineer to attend the Property on the agreed date. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date.

3.5 If you are unable to allow our engineer to access the Property on the agreed date, you should contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding such date) to arrange an alternative date for provision of the Annual Service. Subject to your right to cancel the Contract in accordance with clause above (in which cases no cancellation charge will be made and we will refund the Fee to you), if you inform us after this time we reserve the right to retain a cancellation charge of £50 + VAT

3.6 Once inside the Property, if your Appliance has been installed in an area where it is inaccessible and our engineer cannot gain clear and safe access to it and is therefore unable to service the Appliance, we reserve the right to retain an inspection fee of £50 + VAT.

3.7 Ramki Heating engineers drive transit-style vans and need to access to their van during the Annual Service to fetch tools and equipment. Engineers must therefore be able to park within a practical distance from the Property – it is the customer’s responsibility to ensure that parking is available.

3.8 Our engineers will exercise reasonable care and skill in providing the Safety check.

4. Guarantee

4.1 We will, free of charge, re-visit an appliance where a problem within the appliance occurs within 12 days of the Gas Safety. At this stage, we will perform a free of charge diagnostic check only. This guarantee will not apply where a defect arises as a result of:

(i) wilful or accidental damage;

(ii) use of the Appliance otherwise than in accordance with the user instructions;

(iii) any tampering with, or alteration of, the Appliance by anyone other than us; or

(iv) a fault in any other appliance, such as (without limitation) your ancillary heating system to

which the Appliance is connected.

4.2 THE GUARANTEE SET OUT ABOVE DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. If you prefer, you may rely on your statutory rights rather than make a claim under the guarantee. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.

5. Limitations on our Liability

5.1 We will not be liable to you for any loss, damage, costs or expenses:

(i) that are not a reasonably foreseeable consequence of a breach by us of these Conditions;

(ii) that are not caused by any breach of these Conditions by us; and for business losses, or losses to non-consumers.

5.2 YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE IN PLACE AND MAINTAIN ADEQUATE INSURANCE POLICIES IN RESPECT OF YOUR PROPERTY.

5.3 Nothing in these Conditions shall:

(i) limit our liability under Part 1 of the Consumer Protection Act 1987 in relation to the safety of parts or for death or personal injury caused by our negligence; or

(ii) affect any statutory rights which you may have as a consumer.

6. Events Beyond Our Reasonable Control

6.1 If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our reasonable control including (without limitation), for example, flood, fire, strikes, lockouts, acts of Government, terrorism and non-availability of parts or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or this Contract until such time as we are able to perform the obligations.

6.2 We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.

7. General

7.1 We do not intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this contract.

7.2 This contract shall be governed by and construed in accordance with the laws of England and Wales, and we both agree to submit to the jurisdiction of the courts of England and Wales. Where the gas safety is to be performed in Scotland, this contract shall be governed by and construed in accordance with the laws of Scotland, and we both agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

7.3 These Conditions can only be amended or varied by written agreement between us.

7.4 If any one or more of the provisions of these Conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired thereby.

9. Contact Us

If you need to contact us at any time or you have any queries or complaints, please contact us via e-mail: info@ramki.co.uk, on 020 8813 4000, or by post to Ramki Heating, Manor Road, London, W13 0AS

Repair terms and conditions

In these Conditions, the following words have the following meanings:
1. This Contract, the effect of these Conditions and Notice of the Right to Cancel
1.1 Your agreement to proceed with an Order is an offer to purchase the Repair Service from us on and subject to these Conditions. Our booking an appointment for our engineer to visit the Property is acceptance by us of such Order and accordingly a contract is formed at such time. Once the Contract has been formed with you we will file it in electronic or paper copy for its records.
1.2 Under the Consumer Protection (Distance Selling) Regulations you may cancel the Contract without cause within fourteen (14) working days from the date the Contract is formed, provided that, if the Visit Date occurs during this fourteen (14) working day cancellation period, you will not be entitled to cancel the Contract in accordance with this clause 1.2.
1.3 You may (subject to the provisions of clause 1.2) cancel the Contract in accordance with clause 1.2 by notifying us by e-mail: info@ramki.co.uk in writing at the following address: Ramki Heating, Access Business Centre, Manor Road, London, W13 0AS and your Fee payment will be fully refunded accordingly.
1.4 We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed.
2. Price and Payment
2.1 The Fee is inclusive of all parts integral to the appliance, labour.
2.2 The Fee is payable in full by you by credit or debit card at the same time as you place an Order.
2.3 If the Appliance is covered by a manufacturer’s warranty, the provision of the Repair Service is likely to be free of charge by the manufacturer which we can arrange for you. You will be asked to provide details of your Appliance in the form of the serial number or by sending us proof of purchase; to enable us to confirm whether the Appliance is covered by such a warranty. If you are unable to provide such information prior to an engineer visit being booked for you, we will require a credit or debit card payment for the amount of the Fee in order to book such a visit for you. This payment will be refunded in full if and when our engineer is able to validate the serial number confirming that the Appliance is still covered by such a warranty. If you are unable to demonstrate through proof of purchase that the Appliance is covered by a manufacturer’s warranty, we will be entitled to retain the Fee payment.
3. The Repair Service
3.1 Our engineer will attend at the Property on the agreed date (or such other date as is arranged pursuant to clause 3.3) and will examine the Appliance and diagnose the fault.
3.2 Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer is able to repair the fault immediately following diagnosis, he/she will do so. If our engineer does not carry all parts necessary to repair the fault at the time of diagnosis, we will arrange a mutually convenient date for an engineer to return to perform the repair.
3.3 Our engineer will use all reasonable efforts to repair a diagnosed fault. However, we cannot guarantee to be able to repair every fault diagnosed. If an engineer is unable to repair a fault, or if our engineer diagnoses the necessary repair as being any repair of your central heating system (for boilers) and/or any repair required as a result of faulty installation of your appliance, which are not covered by the Repair Service, he/she will inform you of the nature of the fault and will advise you of what he/she considers to be any reasonable courses of action available to you, which may include that it is beyond
repair and requires replacement. In such circumstances, we will charge you an inspection fee of £80..
3.4 If your Appliance is deemed beyond economic repair, we may, and entirely at our discretion, offer to supply you with a quotation for a discounted replacement or equivalent replacement Appliance.
3.5 We will use all reasonable efforts to ensure that an engineer visits the Property on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get an engineer to attend the Property on the agreed date. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date.
3.6 If you are unable to allow our engineer to access the Property on the agreed date, you should contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding such date) to arrange an alternative date for provision of the Repair Service. Subject to your right to cancel the Contract in accordance with clause 1.2 above (in which cases no cancellation charge will be made and we will refund the Fee to you), if you inform us after this time we reserve the right to retain a cancellation charge of £50 and refund the remainder of your Fee.
3.7 Once inside the Property, if your Appliance has been installed in an area where it is inaccessible and our engineer cannot gain clear and safe access to it and we are therefore unable to repair the Appliance, we reserve the right to retain an inspection fee of £80.
3.8 Ramki Support engineers drive transit-style vans and need access to their van during the Repair Service to fetch tools and equipment. Engineers must therefore be able to park within a practical distance from the Property – it is the customer’s responsibility to ensure that parking is available.
3.9 Our engineers will exercise reasonable care and skill in providing the Repair Service.
4. Guarantee
4.1 We will, free of charge, re-perform any Repair Service where the same Appliance fault repaired by one of our engineers in providing the Repair Service reoccurs within 90 days following the Visit Date. This guarantee will not apply where the same defect arises again as a result of:
(i) wilful or accidental damage;
(ii) use of the Appliance otherwise than in accordance with the user instructions;
(iii) any tampering with, or alteration of, the Appliance by anyone other than us; or
(iv) a fault in any other appliance, such as (without limitation) your ancillary heating system to which the Appliance is connected.
4.2 We will, free of charge, replace any part fitted by our engineer in providing the Repair Service which is found to be defective within twelve (24) months from the Visit Date.
4.3 If you wish to arrange for an engineer to attend to re-perform the Repair Service and/or replace any defective parts pursuant to clauses 4.1 and/or 4.2 above, please contact us via Customer Service. Upon booking a time for such re-visit, we may require a credit or debit card payment for the amount of the Fee. This will be refunded once our engineer has re-performed the Repair Service and/or replaced the defective part unless our engineer reasonably believes that the new fault is not covered by the guarantees in clauses 4.1 and/or 4.2 above in which case the Fee will be payable. In such circumstances we will be entitled to retain any payment made by you, or if no payment has been made, to invoice you for the Fee.
4.4 To take advantage of either of these guarantees you must contact us as soon as reasonably practicable upon becoming aware of the defect.
4.5 THE GUARANTEES SET OUT ABOVE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. If you prefer, you may rely on your statutory rights rather than make a claim under the guarantees. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.
5. Limitations on our Liability
5.1 We will not be liable to you for any loss, damage, costs or expenses:
(i) that are not a reasonably foreseeable consequence of a breach by us of these Conditions;
(ii) that are not caused by any breach of these Conditions by us; and for business losses, or losses to non-consumers.
5.2 YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE IN PLACE AND MAINTAIN ADEQUATE INSURANCE POLICIES IN RESPECT OF YOUR PROPERTY.
5.3 Nothing in these Conditions shall:
(i) limit our liability under Part 1 of the Consumer Protection Act 1987 in relation to the safety of parts or for death or personal injury caused by our negligence; or
(ii) affect any statutory rights which you may have as a consumer.
6. Events Beyond Our Reasonable Control
If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our reasonable control including (without limitation), for example, flood, fire, strikes, lockouts, acts of Government, terrorism and non-availability of parts or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or this Contract until such time as we are able to perform the obligations. We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.
7. General
7.1 We do not intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this contract.
7.2 This contract shall be governed by and construed in accordance with the laws of England and Wales, and we both agree to submit to the jurisdiction of the courts of England and Wales. Where the Service is to be performed in Scotland, this contract shall
be governed by and construed in accordance with the laws of Scotland, and we both agree to submit to the non-exclusive jurisdiction of the courts of Scotland.
7.3 These Conditions can only be amended or varied by written agreement between us.
7.4 If any one or more of the provisions of these Conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired thereby.
8. Your Personal Details
We shall use and safeguard your personal details in accordance with all applicable Data Protection legislation. We may use your personal details to inform you of our other products and/or services. If you would rather not receive any such communications, please contact us as set out below.
9. Contact Us
If you need to contact us at any time or you have any queries or complaints, please contact us via Customer Service by e-mail to info@ramki.co.uk, on 020 8813 4000 or by post to Ramki Heating, Access Business Centre, Manor Road, London, W13 0AS