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Terms and Conditions of Sale
By signing the Customer Order Form you will be entering into a legally binding contract with Qualis Scotland Ltd
for the supply of the goods and services detailed on the quotation (the Goods and Services). Goods and
Services are supplied by Qualis Scotland Ltd subject to the following terms and conditions and it is important
that you read these before signing so that you understand your rights and obligations.
CONFIRMATION OF GOODS AND SERVICES/PRICE AND PAYMENT
Confirmation of Goods, Services and Price: Occasionally it may be necessary for Qualis Scotland Ltd
to carry out a survey of your home after you have signed the Order Form in order to confirm that it is
possible to supply the Goods and Services at your home. If as a result of that survey: (a) it becomes
apparent that it would be unsafe or otherwise unadvisable to supply the Goods and Services at your
home then Qualis Scotland Ltd may cancel this contract without liability but if it does so, Qualis
Scotland Ltd will refund to you any deposit or other amount paid by you in advance; or (b) Qualis
Scotland Ltd needs to make any variation to the Goods and Services or the price payable by you then
those changes will be subject to your written agreement and if you do not wish to accept the changes
proposed by Qualis Scotland Ltd then you may cancel this contract and if you do so, Qualis Scotland
Ltd will refund to you any deposit or other amount paid by you in advance. When the supply of Goods
and Services is covered by our Fixed Price Quote, it may still be necessary for Qualis Scotland Ltd to
make a variation to your order. If the price payable by you changes due to scaffolding costs over £425
or asbestos costs for the removal of the boiler and/or flue and/or asbestos insulation board (AIB) are
required then these changes will be subject to your written agreement and if you do not wish to accept
the changes proposed by Qualis Scotland Ltd then you may cancel this contract and if you do so,
Qualis Scotland Ltd will refund to you any deposit or other amount paid by you in advance.
Specification of Goods and Services: All Goods supplied will correspond with any specification
provided by Qualis Scotland Ltd and be of satisfactory quality and fit for purpose. All Services will be
performed by Qualis Scotland Ltd using all reasonable skill, care and diligence. Qualis Scotland Ltd
may after the date of this contract make reasonable changes to the specification of any Goods or
Services where that is required to ensure compliance with any applicable law or code of practice and/or where
those changes do not result in any reduction to the standard, quality or performance of
the Goods or Services in question or otherwise place you at any disadvantage.
Deposit: Qualis Scotland Ltd will NOT request any deposit at any time prior to commencing any work
agreed. Payment will be requested on completion of work
Payment: The balance of the price will become payable by you immediately upon Qualis Scotland Ltd
having delivered the Goods and completed the Services in accordance with this contract and you must
not unreasonably withhold or delay providing confirmation that the Goods and Services have been
delivered and performed to your reasonable satisfaction.
Credit Agreements: If you have entered into a credit agreement with a finance provider Qualis Scotland
Ltd has introduced you to, you will need to enter into a separate agreement with that provider (and the
funds will be paid direct to Qualis Scotland Ltd). If you later decide to withdraw from that credit
agreement under the Consumer Credit Act 1974, you will still be responsible for paying (and must pay
in accordance with the terms of this contract) the outstanding balance of the price payable by you to
Qualis Scotland Ltd under this contract.
Ownership of Goods: All Goods supplied remain the property of Qualis Scotland Ltd until paid for by
you in full although this retention of ownership will not affect any claim which Qualis Scotland Ltd may
have against you for the payment of any overdue amount.
Late Payments: If you fail to pay any amount owed to Qualis Scotland Ltd under this contract on-time
then Qualis Scotland Ltd may suspend without liability further deliveries of any Goods and/or
performance of any Services (including warranty repairs) until you have paid all overdue amounts.
VAT: Qualis Scotland Ltd shall be entitled to adjust the price payable by you to reflect any subsequent
changes to the rate of VAT.
UTILITY SUPPLIES AND GAS SAFETY
Utility Supplies You are responsible for ensuring at your own cost that your home has a safe electricity
and natural gas supply connection and associated meters prior to Qualis Scotland Ltd commencing
work (excluding gas in the case of oil fired boilers where you are instead responsible for ensuring a
connection to a suitable oil tank). Unless specifically provided for on the Order Form, arranging such
supply connections and meters do not form part of the Services which Qualis Scotland Ltd are to
Gas Safety: As part of its legal duty as a Gas Safe registered engineer Qualis Scotland Ltd is only able
to connect appliances such as your new boiler to gas supplies which are safe. On the first day of
installing your new boiler Qualis Scotland Ltd will carry out a gas soundness test to confirm whether
your gas supply is safe. Should any leak or other defect with your gas supply be identified as a result
of that test then Qualis Scotland Ltd will be required to condemn your gas supply and will not be able
to commence work until your gas supply is made safe. Any such work required to make your gas
supply safe is not included in the price of this contract although can be undertaken by Qualis Scotland
Ltd subject to the payment of an additional amount by you which will be agreed with you in advance.
Alternatively, you can arrange for another Gas Safe registered engineer to carry out such works at
your cost if you do not want Qualis Scotland Ltd to carry out that work but Qualis Scotland Ltd will not
be able to continue with the installation of your new boiler until that work is completed. If you delay or
decide not to proceed with the work required to make your gas supply safe then Qualis Scotland Ltd
may cancel this contract without liability but if it does so, Qualis Scotland Ltd will refund to you any
deposit or other amount paid by you in advance.
Delivery Dates Any dates for delivery/performance of the Goods and Services are estimates and whilst
Qualis Scotland Ltd will always try to meet those dates it will not be liable for any minor delays or
failures. In particular, Qualis Scotland Ltd will not be liable for any delays caused by circumstances
beyond its reasonable control (such as adverse weather conditions, staff illness or a general market
shortage of particular goods or parts, particularly in the case of spare parts for older/obsolete boilers).
Termination due to Delay: You have the right to terminate this contract without reason and at no cost at
any-time before actual delivery of the Goods to your home and during a limited period following
delivery – the cancellation terms are listed in point 9.2 and sets out full details of these rights and how
you can exercise them. In addition, if Qualis Scotland Ltd fail to deliver the Goods and complete the
Services by any dates agreed with you then, provided that the delay is not as a direct result of any
breach by you of any of your obligations under this contract (such as you failing to allow Qualis
Scotland Ltd access to your home) and/or due to circumstances beyond Qualis Scotland Ltd’s
reasonable control, you may request in writing that Help- Link complete all deliveries and Services
within a further reasonable time-period. If Qualis Scotland Ltd then fail to complete all deliveries and
Services within the reasonable time-period specified by you, you will then have the option to terminate
this contract due to Qualis Scotland Ltd’s breach.
ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE
Access to your Home: You must provide Qualis Scotland Ltd with free access to your home to enable it
to deliver the Goods and carry out the Services. You must also provide Qualis Scotland Ltd with free
access to water, electricity and gas for such purposes. You must ensure that you have secured in
advance any necessary licences, permits or authorisations required to enable Qualis Scotland Ltd to
deliver the Goods and carry out the Services at your home (such as any listing building consents, if
Damage to Goods: Once any Goods have been delivered to your home you will become liable for any
loss or damage to those Goods unless such loss or damage was caused by Qualis Scotland Ltd itself
or as a result of you carrying out a reasonable and careful inspection of those Goods to confirm that
they comply with the requirements of this contract.
Working Hours: Qualis Scotland Ltd will usually carry out work at your home during its usual working
hours on Mondays to Fridays however, occasionally Qualis Scotland Ltd may decide at its own
expense to work outside of these days/hours to enable it to complete work as soon as possible and/or
to minimise any delay and you agree to grant access to your home outside of these days/hours if
requested by Qualis Scotland Ltd. If you request that Qualis Scotland Ltd carry out work outside of
these days/hours other than in order to allow Qualis Scotland Ltd to remedy any breach of this contract
(for example, if you ask Qualis Scotland Ltd to fit your new boiler on a Saturday as that is the most
convenient day for you) then Qualis Scotland Ltd’s agreement to do so will be subject to you first
agreeing to pay Qualis Scotland Ltd’s additional charges for working outside of these days/hours which
charges will be advised to you in advance.
Suspension of Work: If Qualis Scotland Ltd suspend or delay the delivery of any Goods and/or the
performance of any Services at your request or as a direct result of any breach by you of your
obligations under this contract (for example, if you have failed to arrange a gas and electricity supply to
your home before Qualis Scotland Ltd commence work) then in addition to the original price payable
by you, Qualis Scotland Ltd reserves the right to charge you a reasonable additional amount to cover
any unavoidable, or irrecoverable costs and/or expenses incurred by Qualis Scotland Ltd as a direct
result of its suspension or delay in those circumstances.
Damage to your Home: Whilst Qualis Scotland Ltd accepts liability for any reasonably foreseeable
damage caused to your home as a direct result of its breach of this contract, you accept that some
level of minor/cosmetic damage may be caused in order to perform the Services (such as damage to
plasterwork, paintwork, decorations, flooring, wall coverings etc.) and that Qualis Scotland Ltd will not
be responsible to you for making good such damage. In particular, in no circumstances will Qualis
Scotland Ltd be liable to bury any pipework into floors or walls and cuts or holes made by Qualis
Scotland Ltd will be made good but not permanently finished or redecorated; floorboards will be
reinstated or replaced where necessary but special or laminated floors cannot be matched or finished;
and any carpets which have been lifted will be re-laid by Qualis Scotland Ltd to the best of its ability but
Qualis Scotland Ltd will not be responsible for damage caused to carpets which are glued or nailed
down. Unless specifically set out on the Order Form, Qualis Scotland Ltd will not be responsible for
boxing in any new or existing pipework. Where Qualis Scotland Ltd is responsible for making good any
such loss or damage, Qualis Scotland Ltd cannot guarantee to match any bricks, stonework etc. on a
like for like basis.
Liability for Structural Defects: Qualis Scotland Ltd will not be liable for any damage to your home
which is caused as a direct result of structural defects or weaknesses at your home unless: (a) that
damage is caused as a direct result of a breach by Qualis Scotland Ltd of this contract; and/or (b) the
existence of the defect or weakness in question should have been reasonably apparent to Qualis
Scotland Ltd upon a reasonable visual inspection of the area in which the Services are to be performed
prior to Qualis Scotland Ltd commencing work (although for the avoidance of doubt, Qualis Scotland
Ltd will not be obliged to carry out a detailed structural survey of the entire of your home nor any
inspection of any parts not immediately visible to the naked eye (for example, any pipes buried under
Removal of Non-Dangerous Materials: As part of the Services Qualis Scotland Ltd will remove any
non-dangerous waste items from your home (such as your old boiler) which will become the property
of Qualis Scotland Ltd upon removal. However, the Service does not include the removal by Qualis
Scotland Ltd of any dangerous materials from your home (such as asbestos) that it would not be
reasonably possible for Qualis Scotland Ltd to have identified when carrying out a reasonable visual
inspection of the area of your home where the Services are to be performed prior to you signing the
Removal of Dangerous Materials: If any such dangerous materials are subsequently found at your
home then Qualis Scotland Ltd may agree (at its discretion) to remove those for you for an additional
charge agreed with you in advance. If not, you must arrange at your own expense for a specialist
contractor to remove those dangerous materials as soon as possible and Qualis Scotland Ltd will be
entitled to suspend further works until you have done so and provided it with a “site clearance for
reoccupation” certificate which should be provided by your specialist contractor.
Delay in Removing Dangerous Materials: If there is any significant delay in you arranging for the
removal of any such dangerous materials from your home or should you refuse to arrange for removal
of those dangerous materials then Qualis Scotland Ltd will be entitled to terminate this contract and
should it do so, you must pay to Qualis Scotland Ltd a reasonable proportion of the overall price to
reflect the Goods and Services which Qualis Scotland Ltd have already provided prior to termination.
QUALIS SCOTLAND LTD’S RESPONSIBILITIES TO YOU
Qualis Scotland Ltd’s Responsibility for Death or Personal Injury: Qualis Scotland Ltd accepts full
responsibility for any death or personal injury which may be caused: as a result of its negligence; by
any breach of its obligations under this contract; and/or as a result of any other act or omission on the
part of Qualis Scotland Ltd and none of the limitations on the liability of Qualis Scotland Ltd set out in
this contract will apply to claims for death or personal injury for which Qualis Scotland Ltd is
Qualis Scotland Ltd’s other Responsibilities to You: If Qualis Scotland Ltd breaches any of its
obligations owed to you then Qualis Scotland Ltd accepts responsibility for any loss or damage which
you may suffer as a direct result of its breach and which was reasonably foreseeable on the date on
which you signed the Order Form. Qualis Scotland Ltd does not though accept any responsibility for
loss or damage which is not caused as a direct result of its breach (including liability for any loss of
earnings) or which was not reasonably foreseeable on the date on which you signed the Order Form.
Further, Qualis Scotland Ltd does not accept responsibility for any loss or damage to the extent that it
is caused as a direct result of you breaching any of your obligations under this contract (for example, if
you fail to provide Qualis Scotland Ltd with access to your home to enable it to perform the Services)
and/or due to circumstances beyond its reasonable control.
Allowing Qualis Scotland Ltd the Opportunity to Put Things Right: If you suffer any loss or damage for
which Qualis Scotland Ltd is responsible then you must afford Qualis Scotland Ltd a reasonable
opportunity to remedy the problem (for example, by allowing Qualis Scotland Ltd access to your home
to repair any damage for which it is responsible) and you must take reasonable steps to minimise or
avoid any loss or damage which you may suffer as a result of Qualis Scotland Ltd’s breach of this
contract. Qualis Scotland Ltd will not be responsible for any loss or damage which you fail to afford it a
reasonable opportunity to put right and/or which could have been avoided or minimised by you taking
reasonable steps which you failed to take.
VARIATIONS TO THESE TERMS AND CONDITIONS AND ASSIGNMENT
Variations to these Terms and Conditions: Other than in the limited circumstances detailed in these
terms and conditions where Qualis Scotland Ltd may make certain unilateral changes, any variation to
these terms and conditions will only be valid if agreed between you and Qualis Scotland Ltd in writing.
Assignment: Qualis Scotland Ltd may assign or sub-contract some or all of its rights and obligations
under this contract from time to time but any such assignment will only be in circumstances which do
not prejudice your rights under this contract.
Gas Boiler Warranty: All gas boilers supplied by Qualis Scotland Ltd are provided with the benefit of a
manufacturer backed parts and labour warranty (excluding timers and controls – see 8.3 below). This
means that subject to the following terms and conditions, should a fault develop with your boiler during
the warranty period following its installation, the manufacturer of your boiler will repair that fault free of
Installation Warranty: All parts installed by Qualis Scotland Ltd are covered by a 12month Qualis
Scotland Ltd backed installation warranty.
Timers and Controls: The manufacturer’s warranty period relevant to your timers and controls will be
provided post installation.
Radiators and Towel Rails: Where any radiators or towel rails are supplied the relevant manufacturer’s
warranty will be provided post installation.
Notification of Warranty Claims: You must notify Qualis Scotland Ltd of any warranty claim as soon as
reasonably possible after becoming aware of the fault or issue in question, using the contact details set
out in the warranty pack provided to you by Qualis Scotland Ltd.
Warranty Conditional upon Annual Service at Your Cost: In order to benefit from the above boiler
warranty, you must arrange for your boiler to undergo an annual safety inspection and service for each
year of the applicable warranty period. The cost of this annual inspection and service is not included in
the price of this contract and must be paid for by you in addition. Qualis Scotland Ltd can carry out
annual inspections and services for you for an additional charge or you can arrange for another
supplier (who must be Gas Safe registered) to carry these out for you instead.
Your Obligation to retain Gas Inspection Records: If you do arrange for another supplier to carry out
these inspections and services then you must ensure that your supplier is Gas Safe registered and
obtain from that supplier and keep in a safe place documentation to evidence that each annual
inspection and service has been carried out. You must produce this documentation if requested to do
so by Qualis Scotland Ltd or the manufacturer of your boiler.
Operation of your Boiler: In order to benefit from the above warranty you must also ensure that you
operate your boiler at all times in accordance with the manufacturer’s instructions. Where your boiler is
a combination boiler you should be aware that if more than one tap or outlet is used simultaneously
water flow rates will be reduced – this is a characteristic of all combination boilers and is not a fault.
Exclusions from Warranty Claims: Neither Qualis Scotland Ltd nor the manufacturer of your boiler, its
timer and controls and/or radiators/towel rails (if applicable) will be liable to you, whether under this
contract or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault of
problem arises as a result of: (a) any failure by you to comply with your obligations set out above
regarding the operation, inspection and servicing of your boiler (or should you be unable to produce
evidence that your boiler has undergone an annual service and inspection) and/or you failing to notify
Qualis Scotland Ltd of any warranty claim as soon as reasonably possible; (b) any deliberate damage
or vandalism; (c) damage caused by circumstances outside of the control of Qualis Scotland Ltd (for
example, due to structural problems at your home); (d) any damage caused by any third party carrying
out work on your boiler and/or radiators/towel rails (if applicable) other than where such third party was
acting at the request of or on the behalf of Qualis Scotland Ltd and/or the manufacturer of your boiler
and/or radiators/towel rails (if applicable); and/or (e) any variation in the water flow rate to your home
(as such rates can fluctuate dependent on the time of day and the age and condition of the water
supply to your home). Further, the replacement of any lamps or bulbs fitted to your boiler are also
excused from this warranty as is any replacement or repair of timers and controls after the expiry of the
warranty period for those as detailed in paragraph 8.3.
Exclusion of Your Existing System: The above warranty applies only to your new boiler, its timer and
controls and/or radiators/towel rails (if applicable) and does not extend to cover your existing wider
central heating and plumbing system (any components not supplied by Qualis Scotland Ltd such as
existing radiators, pipe-work, showers, taps etc.) or the drains at your home. Whilst Qualis Scotland
Ltd will endeavour to advise you of any potential problems or issues with your existing system which
are obvious on a visual inspection of the easily accessible parts of that system prior to commencing
work, Qualis Scotland Ltd will not be obliged to carry out a detailed inspection of all parts of that
system (for example, of any pipes buried under floorboards) and all installations are carried out by
Qualis Scotland Ltd on the assumption that your existing system is and will be maintained by you in a
satisfactory condition. Unless directly caused by a breach by Qualis Scotland Ltd of this contract,
Qualis Scotland Ltd will not be responsible for repairing any faults or issues which may develop in
future with your existing system and/or drains and/or for any loss or damage which may be caused by
your existing system and/or drains.
Shower Connections: In particular, you should be aware that due to the wide variety of showers
installed in UK homes, it is not possible to guarantee that your new boiler will be compatible with your
existing shower and whilst Qualis Scotland Ltd will endeavour to assess whether this is a risk prior to
installing your new boiler, Qualis Scotland Ltd will not be liable to you if your existing shower is not
compatible with your new boiler.
TERMINATION OF THIS CONTRACT
Unless terminated earlier in accordance with its provisions, this contract will automatically terminate on
the last day of the applicable warranty period. Any termination of this contract will not affect any claim,
cause of action or liability which may have arisen before the date of termination.
You can cancel this contract during a “cooling-off period” of up to 14 days after we have delivered to
you or supplied the relevant Goods, which will normally be the day before we start installation. By
entering into this contract, you agree that we can on your request start work before your cooling-off
period ends. If you decide to cancel this contract after we have started the delivery of Goods and
Services to you, we reserve the right to charge you for any Goods or Services delivered.