TERMS AND CONDITIONS

BACKGROUND: These Terms and Conditions are the standard terms for the provision of services by HIU Breakdown and Repairs Ltd. a Private Limited Company registered in England under 11648424, whose registered address is 14/2b Tiller Road, London, England, E14 8PX.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than a Saturday, Sunday or bank holiday;

“Calendar Day” means any day of the year;

“Contract” means the contract for the provision of Services, as explained in Clause 3;

“Month” means a calendar month;

“Price” means the price payable for the Services;

“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Quote);

“Order” means your order for the Services

“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our” means HIU Breakdown and Repairs Ltd. a Private Limited Company registered in England under 11648424, whose registered address is 14/2b Tiller Road, London, England, E14 8PX.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes e-mail

2. Information About Us

2.1 Hiu Breakdown and Repairs Ltd, trading as HIU Breakdown and Repairs Ltd. a Private Limited Company registered in England under 11648424, whose registered address is 14/2b Tiller Road, London, England, E14 8PX.

3. The Contract

3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read and understood these Terms and Conditions carefully.

3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by the invoice being issued by us and being sent to you.

3.4 A quotation for the Goods and/or Services given by HIU Breakdown and Repairs Ltd shall not constitute an offer. A quotation shall be valid for a period of 30 days only from its date of issue or as otherwise specified in the quotation, whichever date is earlier.

3.5 All contracts made between HIU Breakdown and Repairs Ltd and the Customer after the first Order Acceptance, Goods or Invoice sent by HIU Breakdown and Repairs Ltd to the Customer shall be deemed to include these Conditions whether or not these Conditions are specifically referred to.

4. Orders

4.1 All Orders for Services made by you will be subject to these Terms and Conditions.

4.2 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

5. Price and Payment

5.1 The Price of the Services will be that detailed in the Invoice at the time of your Order.

5.2 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

5.3 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our price list, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.2 if your Order is cancelled before the Services begin, or to Clause 12 if the Services are cancelled after they have begun.

5.4 Unless there is an alternative agreement, before We begin providing the Services you will be required to settle the invoice. In any event, the invoice must be settled within 7 working days of it being issued and sent to you.

5.5 We accept the following methods of payment:

5.5.1 Bank Transfer

5.5.2 Card Payment

5.6 If you do not make payment to Us by the due date of the invoice We may charge you interest on the overdue sum at the rate of 5% per working day above the base lending rate. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum. In addition, you must pay us any costs and expenses (including but not limited to legal costs) which We incur in trying to recover the overdue sum.

5.7 If you have promptly contacted Us to dispute an invoice in good faith, the interest specified in sub-Clause 5.6 will not accrue whilst such a dispute is ongoing.

6. Providing the Services

6.1 We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry and in accordance with any information provided by Us about the Services and about Us.

6.2 We will make every reasonable effort to complete the Services on the arranged appointment time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.

6.3 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Examples of what we may require include but are not limited to: Access to non-tenanted properties, pictures and serial numbers of HIU’s etc.

6.4 If the information or action required of you under sub-Clause 6.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

6.5 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.3, We may suspend the Services (and will inform you of that suspension in writing).

6.6 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.7 If the Services are suspended under sub-Clauses 6.5 or 6.6, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).

6.8 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.8.

6.9 A standard call-out fee will be charged for each visit made by our technicians, irrespective of the outcome or resolution of the issue.

6.10 The call-out fee covers the cost of dispatching an engineer to the customer's location and assessing the reported issue with the HIU system.

6.11 In the event of a cancellation or rescheduling of a scheduled call-out appointment, customers are required to provide a minimum notice period of 48 hours; failure to do so will result in a cancellation fee.

6.12 Our engineers will conduct a thorough diagnosis and assessment of the HIU system during the call-out visit. Any additional diagnostic tests or assessments beyond the standard scope may incur extra charges, which will be communicated to the customer prior to implementation.

6.13 If the issue with the HIU system can be resolved during the initial call-out visit and falls within the scope of our services, repair work will commence upon customer approval. Any parts, materials, or additional labour required for the repair will be discussed with the customer, and costs will be outlined before proceeding.

6.14 If the repair work necessitates parts replacement or extensive repairs beyond the initial call-out visit, the customer will be provided with a detailed estimate or quotation for approval before any further work is undertaken.

6.15 Installation is considered complete upon successful testing of the HIU by our team, ensuring it functions properly. This test is conducted bypassing the thermostat. It is important to note that the thermostat operates independently, and any issues with it are not within our scope of responsibility; they are treated separately.

6.16 The replacement parts are covered by a manufacturer's guarantee. Upon completion of the repair work, we will furnish you with comprehensive details regarding the warranty terms and duration.

6.17 If We have provided a quote without an engineer having visited your property, we reserve the right to amend the quote provided once an engineer has visited your property and carried out a diagnosis, in accordance with the complexity of the job, price of the parts and equipment required, and the labour costs.

6.18 We shall be responsible only for providing the service(s) detailed on the Invoice.

6.19 The service provided by us is limited to domestic HIU’s only that supply heat and hot water for domestic use by an individual property or home.

7. Exclusions

7.1 We specifically exclude from our Service and Repairs services:

● any fault caused by the primary system from the plant room, including any fault with the isolation valves which provide a supply to the HIU and supply pipes; or

● repairs to other parts of the heating or plumbing system which are outside of the originally supplied HIU, including radiators, underfloor heating manifolds, heating or hot water controls and other valves not located on the HIU; or

● repairs necessitated by sludge, limescale or corrosion; or

● devices such as magnetic filtration devices; or

● chemical system or radiator flushes; or

● works required to upgrade your HIU to meet current industry standards; or

● defect repair works from the original installation or other repair which do not meet current industry best standards; or

● pre-existing faults or problems under a Service Agreement repair; or

● accidental damage; or

● misuse of the HIU or other equipment that impacts the HIU; or

● metering and associated charging systems which may be connected to the HIU; or

● repairs under the Service Agreement required as a result of flood, storms, freezing, lightning, fire, accident, explosion, subsidence or other structural changes; or

● repairs to reset or alter equipment settings, such as timer settings.

7.2 Our Services do not include any repair that is needed as a result of design fault or faults or defects that existed before you entered into the Contract but which we could not (using reasonable skill and care) identify at the initial inspection, but which, if identified, would have required to have been rectified by you under this agreement.

7.3 We will not repair or replace any non-standard components, other decorative components or parts which include any non-removable enclosures or boxing. If a repair is carried out to replace what we deem to be a non-standard component these will be replaced with standard components unless you pay us the additional cost required to use non-standard components.

7.4 We reserve the right to cancel the contract where:

● spare parts are not readily available through our approved suppliers; or

● where the cost of carrying out the repair in our technical and professional opinion will exceed the residual value of the HIU due to its age and the availability of components and parts.

7.5 We will not carry out any repair or undertake other obligations under a Contract where there is a risk to the health, safety or wellbeing of our employees and shall not take place until we are satisfied that this has been resolved. This can include both physical and non-physical dangers, such as threatening or intimidating behaviours.

8. Problems with the Services and Your Legal Rights

8.1 We always use reasonable efforts to ensure that Our provision of the Services is without issues. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible in writing.

8.2 We will use reasonable efforts to remedy problems with the Services as quickly as reasonably possible and practical.

8.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or subcontractors. If We determine that a problem has been caused by incorrect or incomplete information provided by you or your agent or act or omission by you or your agent, sub-Clause 6.6 will apply and We may charge you for remedial work.

8.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.

9. Our Liability

9.1 Nothing in these Conditions shall limit or exclude the liability of HIU Breakdown and Repairs Ltd for:

● death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or

● fraud or fraudulent misrepresentation; or

● breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

● defective products under the Consumer Protection Act 1987; or

● any matter in respect of which it would be unlawful for HIU Breakdown and Repairs Ltd to exclude or restrict liability.

9.2 Subject to clause 9.1:

● HIU Breakdown and Repairs Ltd shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for damage to other property caused by a fault on your HIU, such as water damage following a leak and/or any redecoration or repair/replacement of any fixtures and fittings, surface or floor coverings required as a result of us attending your premises and/or carrying out any work. These matters are your responsibility unless directly caused by our negligence in providing our services to you under this Contract; and

● the total liability of HIU Breakdown and Repairs Ltd to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods and/or Services.

9.3 HIU Breakdown and Repairs Ltd has given commitments as to compliance of the Goods and Services with relevant specifications. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

9.4 This clause 9 shall survive termination of the Contract.

10. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

10.2.1 We will inform you as soon as is reasonably possible;

10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 12.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;

10.2.5 If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 12.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

11. Customer’s Obligations

11.1 The Customer shall:

● co-operate with HIU Breakdown and Repairs Ltd in all matters relating to the Services;

● provide HIU Breakdown and Repairs Ltd, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by HIU Breakdown and Repairs Ltd to provide the Services;

● provide HIU Breakdown and Repairs Ltd with such information and materials as HIU Breakdown and Repairs Ltd may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

● where applicable, prepare the Customer's premises for the supply of the Services;

● obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;

● comply with all applicable laws, including health and safety laws;

● keep all materials, equipment, documents and other property of HIU at the Customer's premises in safe custody at its own risk, maintain the HIU Breakdown and Repairs Ltd Materials in good condition until returned to HIU Breakdown and Repairs Ltd, and not dispose of or use the HIU Breakdown and Repairs Ltd Materials other than in accordance with HIU Breakdown and Repairs Ltd written instructions or authorisation; and

● comply with any additional obligations as set out in the Service Specification and the Goods Specification.

● ensure clear and safe access to the HIU system for our engineers during the call-out visit. Any obstructions or hazards that prevent access to the unit may result in additional charges or the inability to complete the service.

11.2 If HIU Breakdown and Repairs Ltds’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

● without limiting or affecting any other right or remedy available to it, HIU Breakdown and Repairs Ltd shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the HIU Breakdown and Repairs Ltds’ performance of any of its obligations;

● HIU Breakdown and Repairs Ltd shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the HIU Breakdown and Repairs Ltds’ failure or delay to perform any of its obligations.

12. Cancellation and Refunds

12.1 If you wish to cancel your Order for the Services before the Services begin, you may do so by providing Us 48 hours written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.

12.2 Without prejudice to Clause 12.3, once We have begun providing the Services, you will not be entitled to cancel the Services and the Contract.

12.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give 48 hours written notice in the following circumstances:

12.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 4 weeks notice of you asking Us to do so in writing; or

12.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or

12.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or

12.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.2.

12.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

12.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 4 weeks notice in these circumstances:

12.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.8); or

12.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 4 weeks of Us asking you to do so in writing; or

12.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).

12.7 For the purposes of this Clause 12 (and in particular, sub-Clauses 12.3.1 and 12.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under subClause 12.3.1 and Us under sub-Clause 12.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

12.8 Refunds may be issued under the following circumstances:

12.8.1 The service cannot be performed due to circumstances beyond our control, such as extreme weather conditions, natural disasters, or technical issues on our part.

12.8.2 The service does not meet the agreed-upon specifications, and we are unable to rectify the issue within a reasonable time frame.

12.8.3 A genuine mistake has occurred in billing or payment processing, resulting in overpayment by the customer.

12.9 Refunds will not be issued under the following circumstances:

12.9.1 The customer fails to provide access to the property or necessary information for the completion of the service.

12.9.2 The customer is dissatisfied with the quality of the service however the service was performed according to the agreed-upon specifications.

12.9.3 The customer cancels the service appointment with less than 24 hours' notice

12.9.4 The customer has failed to ensure clear and safe access to the HIU system for our engineers during the call-out visit. Any obstructions or hazards that prevent access to the unit may result in additional charges or the inability to complete the service.

12.9.5 There are insufficient funds in the customer’s prepayment system hindering Our ability to complete the services

12.9.6 The system is not a HIU and the customer has incorrectly informed Us that it is a HIU system.

12.10. To request a refund, the customer must submit a written request to our company within 3 working days of the service appointment.

12.11. Refunds will be processed using the same method of payment used for the original transaction, unless otherwise agreed upon by both parties.

12.12. Refunds will be issued within 14 days of approval, subject to any processing times imposed by financial institutions.

13. Communication and Contact Details

13.1 If you wish to contact Us, you may do so by telephone at 020 3858 7989 or by email at info@hiubreakdownandrepairs.com.

13.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:

13.2.1 Contact Us by email at info@hiubreakdownandrepairs.com

13.2.2 Contact Us in writing at 14/2b Tiller Road, London, England, E14 8PX using recorded first-class post

13.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14. Complaints and Feedback

14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using the details specified in clause 13.2.1 or 13.2.2.

15. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in guidance, and in accordance, with the Data Protection Act 2018

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

17. Governing Law and Jurisdiction

17.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law.

17.2 Each party irrevocably agrees that the courts in England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).