Introduction
Please note that in the following terms and conditions, BBRIGHT (a trading name of The Logistics Organisation Ltd registered in England & Wales under 09573636) will be referred to as ‘the Company.’ A person ordering with BBright will be referred to as ‘the customer’.
- All terms of the contract between the customer and the Company are contained in this document and in written specifications on the Company’s website. No variation of the terms shall bind either party unless made in writing and signed.
- Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice to their strict and full rights under this contract and shall not prevent the Company subsequently exercising such rights.
- Information on the website and in marketing materials is updated regularly. However, because products and services also change frequently, such information should only be used as a guide.
- Pictures, text, videos and other material contained on the Company’s website(s) and literature are subject to copyright restrictions and must not be copied or reproduced without the written consent of the Company.
- Trademarks and other intellectual property of the Company are protected and not to be replicated or reproduced.
- Any reviews or comments made by members of the public on this website are their opinions only. They do not form any part of the specification or advice given by the Company about our products or services.
- The Company is registered with the Information Commissioner’s Office and treats all information supplied by customers as confidential. We will only pass on such information as is required to fulfil the obligations set out in this contract and Law.
- The Company is registered with the Financial Conduct Authority and may introduce Customers to third party finance providers if this is their preferred payment option.
Communication
1. All communication between the customer and the Company will be by email. The Company will use the email address supplied by the customer during the ordering process.
2. Once the customer selects an installation date during the online order process, it is reserved for one hour. To confirm the installation date, the payment process (including completion of any finance documents) must be completed by the customer within the hour. If the payment process is not completed within this timeframe, the Company will endeavour to install/deliver equipment on the chosen date, however it reserves the right to offer an alternative delivery/installation appointment.
3.When the customer places an online order, the Company will send the customer an email acknowledging the order and stating;
- what the customer has agreed to purchase.
- the total cost.
- arrangements for delivery/installation.
- the minimum duration of any contract, how the contract is terminated and the conditions.
- any call charges that cost more than calling an 01, 02, 03 or 07 number.
- how and when the customer can cancel an order and payment details for returning goods.
- where to address any complaints.
- guarantees and after-sales service information.
Delivery
- The Company aims for all goods ordered to be delivered on time and with clear correspondence in advance. The customer accepts that sometimes delivery issues do occur, and this does not give automatic cause for cancellation.
- The Company reserves the right to decline any order at any time up until completion. Should the Company decline an order, no damages or expenses of any kind whatsoever will be payable by the Company to the customer beyond the refund of money already paid in relation to the contract.
- The customer is responsible for notifying the Company of any local restrictions that could impact the delivery of goods. These might include local parking restrictions, steep or lengthy stair climbs, or where goods will need to be carried further than 30 meters.
- The customer agrees that someone will be present at the property when goods are scheduled for delivery.
- The customer is responsible for keeping equipment secure and dry once delivered. If equipment is damaged, removed or packaging opened, the customer will be liable for any costs or losses incurred.
Finance and Payments
- When paying by credit or debit card, the payment of cleared funds from the customer to the Company is required prior to delivery and/or installation of goods. Funds must show in the Company’s bank account as cleared. If the customer attempts to retrieve their payment (for example requesting a credit card chargeback), the Company can pass on any costs and/or losses associated with dealing with such action.
- All final invoices issued by the Company to the customer are issued once payment has been made and goods have been installed. If any money is outstanding, the Company is entitled to delay or defer any or all work without any penalty whatsoever.
- If the Customer enters a credit agreement via one of the Company’s nominated finance providers, the terms of the agreement will apply as part of this contract. If the credit agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the contract balance will become immediately payable by the customer. This does not affect your statutory rights.
- During the order process, if the customer would prefer to pay for goods and services using a finance package, the Company may introduce the customer to a third-party finance provider, on a referral only basis. You will enter a separate agreement with this provider. Payment of the contract balance will be processed between the Company and the Finance Provider when due.
- All goods supplied remain the property of the Company even after installation, by way of a lien, until fully paid for. The Company reserves the right of re-entry to remove any unpaid-for goods, whether fixed or otherwise.
- All the prices displayed by the Company include VAT unless otherwise stated. Delivery and other service charges will be confirmed during the specification and purchase process. After a customer completes an order to the Company, the price will not change even if the applicable VAT rate does.
Customer site
- After an order is placed, customers are requested to supply photo images to the Company using a customer-specific weblink. Viewing pictures in advance enables the Company to discuss technical aspects of the installation. This makes the installation process run as smoothly as possible and ensures the right boiler and materials are delivered.
The customer agrees that photos supplied are true and accurate images of what the engineer will see at the installation site.
The Company reserves the right at its sole discretion to accept or refuse any order placed by the customer until the appointed engineer has inspected the site and accepted the order.
On physical inspection of the site, if it is determined that equipment ordered is unsuitable or there are technical reasons making it impossible to install as ordered, the Company will inform the customer and discuss alternative options. This may delay installation. If the customer declines the alternatives offered, or if no alternatives can be offered, then the Company will give a full refund to the customer and remove any goods delivered.
- If, upon physical inspection of the site, it is determined that more equipment or extra work is required, then the Company will inform the customer of any increase in costs before they are incurred. The customer will also be informed of any delay to installation. If the customer declines any extra equipment or work required to facilitate installation they are entitled to a full refund.
- Any changes in materials and/or specifications from those detailed in the contract will only apply when supported by an Amendment to Order document issued by the Company. This must be approved by the customer via physical documentation or by email.
- Whilst every effort is made to meet agreed delivery and installation timescales, the Company reserves the right to delay installation for reasons beyond its control such as strikes, illness, severe weather, lockouts, fire, terrorism or war. Time shall not be deemed to be the essence of the Contract.
5. In the event of suspension or cancellation of the work at the request of the customer, or delay on site caused by matters beyond the control of the Company, any extra expenses incurred or losses suffered by the Company shall be chargeable to the customer along with a reasonable addition for administration and overhead costs. This condition shall not affect any statutory or common law rights of the customer.
6. [Abnormal boiler flues]. If the boiler installation requires a flue length longer than 3m, the Company will pass on associated costs to the customer for extra flue parts required. This will be clearly discussed prior to installation.
No boilers supplied by the Company work with twin flue options. If the customer’s existing boiler has two flue pipes (one for air intake, the other for exhaust), the customer should call the Company before placing an order to discuss suitable options.
If the customer’s boiler is centrally positioned in the house and the flue goes out of an external wall, this is considered an abnormal flue. Customers should again contact the company to discuss the options.
7. If the customer would like to keep any old equipment or material that will be removed as part of any installation work ordered, they must let the appointed engineer know on the day of install. If requested by the customer, the Company will organise a skip for removal of all materials at cost price.
8 [Converting to a combination boiler] Any water storage tanks in the loft which are decommissioned as part of the work will be left in place unless the engineer is requested to remove them whilst on site.
9. Party Wall Act; it is the responsibility of the customer to undertake a party wall agreement with any neighbouring properties as required, in advance of the Company attending site to carry out work.
10. Under Construction (Design and Management) Regulations 2015 engineers require access to welfare facilities including a toilet, washing facilities, drinking water and facilities for rest in a warm indoor area. The customer agrees to provide these facilities within the existing property for workers to use in a clean and respectful way. If the customer wishes the Company to make alternative arrangements to comply with these CDM Regulations, they will notify the Company at least 14 days before any onsite works are due to commence and pay the additional cost of hiring such facilities 7 days prior to work commencing.
Installation
- The customer will provide free access to and from the installation property on the agreed dates for delivery and installation of equipment. Free access will also be required to water, gas and electricity (where applicable).
- The customer will ensure there is adequate vehicle parking for the engineer within 25 meters of the entrance to the property. Any charges for parking are to be paid by the customer. If a permit is required, the customer will organise the permit or notify the Company of restrictions at the time of ordering, or at least two working days before the engineer/delivery is due to arrive (whichever is sooner).
- Prior to any attendance by the Company, it is the customer’s responsibility to secure any permissions, licences or permits that may be required to authorise the work. Examples of such permit could be a listed building consent, landlord consent or freeholder agreement.
- [Boilers in commercial premises] Bbright.co.uk sells and installs domestic boilers for domestic properties. The Company is unable to install equipment in commercial premises.
- Problems with existing pipework, valves, radiators and other equipment is in no way the responsibility of the company (irrespective of whether the Company engineer has).
- The Company aims to complete work before 6pm on the day of installation. Some overtime may be required to achieve completion. Customers must approve such overtime.
- Whilst all reasonable care will be taken by the Company, it accepts no liability for any effect the necessary work has on plasterwork, decorations, flooring etc. Cuts or holes to allow for equipment will be made good but not permanently finished or re-decorated. Floorboards will be reinstated or replaced where necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which are lifted will be re-laid to the best of our operative’s ability. If any redecoration is required this is the customer’s responsibility.
- The customer understands that during/after any plumbing work carried out by the Company there could be changes in the water pressure in existing plumbing. Whilst the Company will exercise reasonable care in assessing the suitability of existing systems/pipework, the Company will not be liable for any damage caused to existing plumbing installations or damage from the failure or incompatibility of existing pipework, taps, valves, showers, other fittings or any appliances.
- The customer agrees to provide a safe and respectful workplace for people attending the installation address. Rude or abusive behaviour, or unsafe conditions, will not be tolerated and will result in technicians leaving the property. It will be at the discretion of the Company whether reattendance is arranged and whether charges will apply. No refund will be due from the Company to the customer if the site is vacated for reasons of safety, rudeness or abuse.
- Due to the wide variety of showers available it is not possible for the Company to determine if a shower and boiler will be compatible. The Company will not be liable for shower/boiler incompatibility.
- Engineers working on behalf of the Company will take reasonable care not to damage wiring, plumbing and other services at your property. However the Company cannot be held responsible for any consequential damage caused to existing services/installations that are not clearly visible.
- The Company will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at the installation address, whether visible or not.
- Products and building materials can vary in colour, texture and general appearance. The Company accepts no liability for any materials used during the installation process having variations in colour, texture and general appearance. When matching materials (such as bricks and tiles) to existing materials which are part of the house, a close match is often not possible due to older products becoming obsolete and the effects of weathering over time. In summary, the Company accepts no liability for any materials introduced to the property matching any existing materials and explicitly states variations in colour, texture and general appearance are likely and will be accepted by the customer. The customer agrees to make available their own materials, at their expense, at the time of the work taking place if they would like a specific material (such as a matching brick) to be used.
- When adding new equipment to your house, our engineer will need to inspect existing relevant infrastructure against current regulatory standards and performance. Should your existing infrastructure fail to meet relevant standards/capacity, the options will be explained. At this point you may cancel your order for a full refund. If you do not wish to authorise the required additional work(s) but still wish the new equipment to be installed, we will leave the equipment for final connection by others. In such circumstances the customer is still liable for payment in full as if the installation had been completed.
- [Boilers being fitted in loft space] Where a boiler is to be fitted in a loft space, access to the loft must be via a fixed loft ladder. There must be a suitably boarded walkway from the top of the fixed ladder to the boiler location. At least 1 m² of suitable boarding must be in place under the boiler. Permanent lighting should also be present. If the boiler is within 2 meters of the loft hatch, the hatch will need to be able to be sealed off while the work takes place.
- The engineer will take pictures of your installed equipment and relevant infrastructure for the Company’s auditing process and records. The engineer may also attend with other people including managers, supervisors, trainees or apprentices. From time to time the Company may use pictures of installed equipment for marketing purposes.
- During installation, the engineer requires access to working communication devices. If the engineer is unable to get mobile phone reception, the householder agrees give the engineer access to their telephone and internet connection at no charge.
- Upon completion of all physical works at the property, the customer (or their representative) may inspect the work before the engineer departs. AT this point all works required to fulfil the contract are deemed to have been completed.
- Members of other professional trades such as electricians may be required to complete the work. In such circumstances, the company will endeavour to leave equipment working until another engineer can attend and perfect the installation at a time convenient for the customer.
- Occasionally the installation of new equipment does not go to plan. The customer agrees to give the Company and its engineers reasonable opportunity to put things right. This might involve access to the installation address and time to remedy any faults or problems. The customer will minimise or avoid any losses suffered as a result of the actions (or non-actions) of the Company or the appointed engineer.
- Occasionally new equipment does not function correctly on installation. The Company will work with both the customer and product manufacturers to rectify any such issue as quickly as possible.
- If something within the customer’s responsibilities/control prevents delivery and/or installation for 12 months or more after the order was placed with the Company, then it will be deemed to have performed the contract in full and entitled to retain all monies paid to date without deduction or refund in full or in part without the supply of any further goods/services.
- The Company is not liable for any loss of profit, loss of business, business interruption or business opportunity under any circumstances.
- Included in our fixed pricing is provision to access external parts of a property providing it can be reached using extension ladders (7m length) and a roof ladder (7m length). The customer accepts access beyond this will require suitable equipment. The Company will discuss the cost of any access equipment required prior to starting installation work. The customer will pay for this cost directly or reimburse the Company. The Customer may cancel and receive a full refund if they do not wish to pay for access equipment.
- Debris will be removed from site as part of the contract price, but this does not include removal of dangerous/hazardous waste material such as asbestos. It is the responsibility of the customer to arrange for the safe removal and disposal at their own expense.
Cancellation
- The customer will lose the right to cancel set out below should the Company complete the installation of equipment within 14 days of your order being placed, where the customers has requested that the Company perform services within this 14-day period. It will be deemed that the Company has been engaged to carry out urgent maintenance or repairs at the customer’s household.
- The customer has a right to cancel this contract within 14 days without giving any reason, provided the following conditions are satisfied:
- Notice of cancellation is emailed to cs@bbright.co.uk either before any delivery is made, or within 14 days of the order being placed.
- Notice of cancellation is emailed to cs@bbright.co.uk prior to the engineer attending site on the agreed date.
- Any email sent intended to serve as your statement of cancellation should be clear and unambiguous. As an example: “I/we hereby give notice of cancellation for the contract number [insert contract number] for the supply of [item] to [property address]. Signed [insert your name].”
- If the equipment has been delivered, the customer can cancel the order and receive a full refund. Only the Company’s appointed agents may transport equipment to be refunded. The customer is responsible for keeping any goods for refund secure and must provide access for collection.
Warranty
- Most items of significant value supplied by the Company are supported with a manufacturer backed parts and labour warranty – providing they have been inspected and maintained annually. A gas boiler will need to be serviced annually by a Gas Safe Registered engineer.
- The cost of post-installation servicing and inspecting is not included in the price of this contract.
- The customer must organise and retain service records for equipment. These must be produced to the Company or manufacturer on request if making a claim under the warranty.
- After installation, the company will register your equipment warranty with the manufacturer and email you the relevant details.
- For the avoidance of doubt, the warranty is provided by the manufacturer of the equipment supplied and not by the Company.
- Auxiliary equipment supplied (for example radiators and thermostats) benefit from a manufacturer’s warranty. Other equipment have different warranties that vary by manufacturer. The Company will provide details of any such warranties on request.
- Any workmanship will be done with reasonable skill and care by a suitably qualified person. The installation of pipework, joints and hand applied seals benefit from a 1-year warranty to include all parts and labour.
- All guarantees shall be null and void if payments are not made on dates due and conditions above are not adhered to.
- Neither the Company nor the manufacturer of any parts or equipment will be liable to you, whether under this contract or otherwise (and whether to carry out any warranty repairs or otherwise) where any failure, fault or problem arises as a result of;
- Any failure of the customer or third parties in the care, operation, inspection, servicing or maintenance of any of the equipment which is not done strictly in accordance with the manufacturer’s instructions.
- Deliberate damage or vandalism.
- Damage caused by circumstances outside the control of the Company or the equipment manufacturer.
- A variation in water flow rate to any installed equipment.
- The replacement of lamps, bulbs and filaments are excluded from warranty as are timers, thermostats, lockout devices or other such devices that may be connected to, or part of, the equipment after the expiry of the individual items’ relevant warranty period as detailed by the manufacturer.
- You must notify the manufacture of any warranty claim against equipment or components as soon as reasonably possible once you become aware of the fault with a product. Contact details are supplied in your instruction manual or you can email cs@Bbright.co.uk
- The warranty set out above applies specifically to the equipment installed as part of this contract. Existing timers, controls, radiators, towel rails, pipework, drains, other equipment or other devices are excluded from any warranty offered.
Post Installation
1. The Company, or any engineer appointed by the Company, is under no obligation to carry out any visual inspection or testing on any existing equipment (except as part of regulatory compliance). Any existing system failing after new equipment is installed is solely the responsibility of the customer.
2. When the Company re-attends at the customer’s request but no fault is found, or the issue relates to something the Company is not responsible for, then the Company reserves the right to make a reasonable charge to cover its attendance costs.
3. [Converting to a combination boiler] If you are planning to convert from a standard boiler to a combi boiler there will likely be a pressure increase in your pipework. This increase in pressure will exacerbate any existing/past leaks and can cause new leaks to appear. The Company does not take any responsibility for any existing pipework.