Terms and Conditions

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

“Business Customer” means any Customer who is not a Consumer — for example a managing agent, block management company, housing association, right-to-manage (RTM) company, landlord, developer or other business or organisation;

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

“Calendar Day” means any day of the year;

“Consumer” means an individual acting wholly or mainly outside that individual’s trade, business, craft or profession;

“Contract” means the contract between Us and you for the supply of Services and/or Goods, formed in accordance with clause 4;

“Customer”, “you” or “your” means the person, business or organisation who buys, or agrees to buy, Services and/or Goods from Us;

“Deposit” means any advance payment We require before ordering materials or starting Works, as set out in Our Quote or invoice;

“Goods” means any parts, materials, meters, units or equipment We supply;

“Month” means a calendar month;

“Order” means your order for the Services and/or Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order in accordance with clause 4, which may take the form of a written confirmation or the issue of an invoice;

“Price” means the price payable for the Services and/or Goods;

“Quote” means a written quotation We give you for Services and/or Goods;

“Service Agreement” means any maintenance plan or recurring service agreement We provide, subject to its own plan terms which apply in addition to these Terms;

“Services” means the services We provide, which may include the servicing, maintenance, repair, installation, commissioning and decommissioning of Heat Interface Units (HIUs), Mechanical Ventilation with Heat Recovery (MVHR) units, heat meters and associated metering, monitoring and billing-data systems, plant room and communal/district heating components, and related works, as set out in your Order and Our Quote or invoice;

“Works” means any installation, replacement or larger project Services;

“We/Us/Our” means HIUBreakdownandRepairs Ltd (trading as HIU Breakdown & Repairs), company number 11648424, registered office 14/2B Docklands Business Centre, 10–16 Tiller Road, London, E14 8PX.

1.2 Each reference in these Terms and Conditions to “writing” or “written” includes email.

1.3 Headings are for convenience only and do not affect interpretation. Words such as “including” and “for example” do not limit what goes before them.

2.1 We are HIUBreakdownandRepairs Ltd, trading as HIU Breakdown & Repairs, a private limited company registered in England and Wales under company number 11648424, with registered office at 14/2B Docklands Business Centre, 10–16 Tiller Road, London, E14 8PX. Our VAT number is 338967935.

2.2 You can contact Us by telephone on 020 3858 7989 or by email at info@hiubreakdownandrepairs.com. Our contact details are also set out in clause 19.

3.1 These Terms and Conditions govern the supply of Services and Goods by Us and form the basis of the Contract between Us and you. Please make sure you have read and understood them before placing an Order.

3.2 Nothing We provide — including sales and marketing material, price lists, website content and other documents — is a contractual offer capable of acceptance. Your Order is an offer by you to buy from Us, which We may accept or decline at Our discretion.

3.3 A legally binding Contract is formed only when We issue an Order Confirmation (which may be a written acceptance or the issue of an invoice). If We cannot accept your Order, We will tell you and will not charge you.

3.4 Where these Terms apply to a Service Agreement (maintenance plan), the specific plan terms apply in addition to these Terms. If there is a conflict, the plan terms take precedence for that plan.

3.5 Once We have accepted your first Order, these Terms are deemed to apply to every subsequent Order, Contract, Quote, Order Confirmation or invoice between Us and you, whether or not they are specifically referred to.

4.1 A Quote is not an offer. Unless stated otherwise in the Quote, a Quote is valid for 30 Calendar Days from its date of issue, after which it may change.

4.2 Where We have provided a Quote or estimate without an engineer having attended, We may revise it once an engineer has attended and carried out a diagnosis, to reflect the complexity of the work, the cost of parts and equipment, and labour. We will tell you about any change and obtain your approval before carrying out the additional work.

4.3 All Orders are subject to these Terms.

4.4 We may cancel your Order at any time before We begin the Services if required personnel or materials are unavailable, or because of an event outside Our reasonable control (see clause 13). If We do, We will tell you as soon as reasonably possible and refund any payments you have made (including any Deposit) for Services not yet provided, as soon as reasonably possible and in any event within 14 Calendar Days. We will confirm any cancellation in writing.

5.1 The Price is set out in Our Quote, Order Confirmation or invoice.

5.2 Our Prices are exclusive of VAT unless stated otherwise. Where VAT applies, We will add it at the prevailing rate and show it on the invoice.

5.3 Our Prices may change at any time, but a change will not affect an Order We have already accepted.

5.4 For larger Works (for example installations, replacements or programmes), We may require a Deposit (typically up to 50% of the Price) before ordering materials or starting work, as set out in Our Quote or invoice.

5.5 Unless We have agreed credit terms with you in writing, payment in full is due before We begin the Services, and appointment slots are reserved only once payment has been received. Where We have agreed credit terms, invoices are payable within the period stated on the invoice and, in any event, within 30 Calendar Days of the invoice date.

5.6 We accept payment by bank transfer and by card. We do not apply a surcharge to payments made with a consumer debit or credit card. For payments made with a commercial/business card, We may pass on the card processing fee at cost (currently 1.7% plus £0.20 per transaction).

5.7 If you do not pay by the due date, We may charge interest on the overdue amount at 4% a year above the Bank of England base rate from time to time. Interest accrues daily from the due date until payment is made, before and after any judgment. If you are a Business Customer, We may instead claim interest, fixed-sum compensation and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. You must also pay the reasonable costs and expenses (including legal costs) We incur in recovering an overdue sum from a Business Customer.

5.8 If you have promptly contacted Us in writing to dispute an invoice in good faith, interest under clause 5.7 will not accrue on the disputed amount while the dispute is being resolved, and We will work with you to resolve it quickly.

5.9 Title to any Goods remains with Us until We have received payment in full. Risk in the Goods passes to you on delivery or installation.

6.1 We will provide the Services with reasonable care and skill, in line with good industry practice and any information We have given about the Services.

6.2 We will make every reasonable effort to attend and complete the Services at the arranged time. We are not responsible for delays caused by an event outside Our control (see clause 13).

6.3 If We need information or action from you to provide the Services, We will tell you as soon as reasonably possible. Examples include access to the property or plant room, and photographs or serial numbers of the HIU, meter or unit.

6.4 If the information or action We need under clause 6.3 is delayed, incomplete or incorrect, We are not responsible for any resulting delay. If extra work is needed to correct or work around a problem caused by incomplete or incorrect information or action on your part, We may charge a reasonable additional sum, which We will tell you about first.

6.5 We will only be responsible for providing the Services set out in your Order, Quote or invoice.

7.1 A call-out fee is charged for each visit, regardless of the outcome. The call-out fee covers attending your location and assessing the reported issue.

7.2 If you cancel or reschedule a booked appointment, please give Us at least 48 hours’ notice. If you give less notice, a cancellation fee may apply (see also clause 16 for the position where you are a Consumer).

7.3 Our engineer will carry out a diagnosis and assessment during the visit. Any additional diagnostic tests beyond the standard scope may incur extra charges, which We will tell you about before carrying them out.

7.4 If the issue can be resolved during the visit and is within scope, We will carry out the repair once you approve it. We will outline the cost of any parts, materials or additional labour before proceeding.

7.5 If the work needs parts replacement or more extensive repairs beyond the initial visit, We will provide a detailed estimate or Quote for your approval before doing further work.

7.6 An installation is complete once We have successfully tested the unit and confirmed it functions correctly. Where testing is carried out by bypassing the thermostat, please note the thermostat operates independently; unless your Order says otherwise, the thermostat is not within the scope of the work and is dealt with separately.

8.1 The Services We provide are those set out in your Order, Quote or invoice. Where We are engaged to carry out specific Works — for example plant room works, metering and monitoring installations, or new installations — those Works are included and the exclusions below are read accordingly.

8.2 Unless your Order or Our Quote expressly says otherwise, Our reactive repair and maintenance Services do not include:

• faults caused by the primary system or plant room serving the unit, including isolation valves and supply pipes feeding the HIU (except where We are engaged to work on the plant room or communal system);
• repairs to other parts of the heating or plumbing system outside the unit We service, such as radiators, underfloor heating manifolds, and heating or hot water controls and valves not located on the unit;
• faults caused by sludge, limescale or corrosion, or works such as chemical or radiator flushes and magnetic filtration devices, unless separately agreed;
• works to upgrade a unit to meet current standards, or to rectify defects from an original installation or earlier repair that do not meet current standards;
• pre-existing faults under a Service Agreement;
• accidental damage, or misuse of the unit or other equipment affecting it;
• damage caused by flood, storm, freezing, lightning, fire, accident, explosion, subsidence or other structural change; or
• resetting or altering equipment settings, such as timer settings.

8.3 Our Services do not include any repair needed because of a design fault, or a fault or defect that existed before the Contract which We could not reasonably have identified at the initial inspection.

8.4 We will not repair or replace non-standard or decorative components, or parts behind non-removable enclosures or boxing. If We replace what We reasonably consider a non-standard component, We will use a standard component unless you pay the additional cost of a non-standard one.

8.5 We may decline to proceed, or cancel the Contract, where spare parts are not reasonably available through Our approved suppliers, or where in Our reasonable technical opinion the cost of repair would exceed the residual value of the unit given its age and the availability of parts (“beyond economical repair”). We will explain the position and your options.

8.6 We will not carry out work where there is a risk to the health, safety or wellbeing of Our people. Work will not proceed until We are satisfied the risk is resolved. This includes physical hazards and non-physical risks such as threatening or intimidating behaviour.

8.7 This clause does not affect a Consumer’s statutory rights (see clause 16).

9.1 Where parts or Goods carry a manufacturer’s guarantee, We will pass on the benefit of that guarantee to you and, on completing the work, give you details of its terms and duration.

9.2 We carry out Our work with reasonable care and skill. Where We have agreed a workmanship guarantee, its length and terms will be stated in your Quote, invoice or Service Agreement.

9.3 This clause does not affect a Consumer’s statutory rights, including the right to goods of satisfactory quality and services carried out with reasonable care and skill (see clause 16).

10.1 You shall:

• co-operate with Us in all matters relating to the Services;
• provide Us and Our employees, agents and subcontractors with safe and clear access to the premises, plant room and units as reasonably required;
• give Us complete and accurate information We reasonably need to provide the Services;
• prepare the premises for the Services where applicable;
• obtain and maintain any licences, permissions and consents required before the Services start;
• comply with all applicable laws, including health and safety laws; and
• keep Our materials and equipment left at the premises safe and in good condition, and use them only as We instruct.

10.2 If Our performance is prevented or delayed by any act or omission by you, or your failure to perform an obligation (a “Customer Default”), then without limiting Our other rights We may suspend the Services until the Customer Default is remedied, and We will not be liable for costs or losses you incur arising from the Customer Default. Where obstructions or hazards prevent access to the unit, additional charges may apply or We may be unable to complete the Services.

11.1 We always aim to provide the Services without issues. If there is a problem, please tell Us as soon as reasonably possible in writing, and We will use reasonable efforts to put it right as quickly as practicable.

11.2 We will not charge you for putting right a problem caused by Us or Our employees, agents or subcontractors. If We reasonably determine that a problem was caused by incorrect or incomplete information, or an act or omission, on your part, clause 6.4 applies and We may charge for the remedial work.

11.3 If you are a Consumer, this clause is in addition to your statutory rights set out in clause 16.

12.1 Nothing in these Terms limits or excludes Our liability for: death or personal injury caused by Our negligence, or that of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title) or section 2 of the Supply of Goods and Services Act 1982; defective products under the Consumer Protection Act 1987; or any other liability that cannot be limited or excluded by law.

12.2 Subject to clause 12.1 and clause 16:

• We will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract;
• We will not be liable for damage to other property caused by a fault on your unit — such as water damage following a leak, or any redecoration, repair or replacement of fixtures, fittings, surfaces or floor coverings — except to the extent such damage is caused by Our negligence or breach of this Contract; and
• Our total liability for all other losses arising under or in connection with the Contract shall not exceed 100% of the Price paid for the Services and/or Goods to which the claim relates.

12.3 The following applies to Business Customers only. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.4 Nothing in this clause 12 limits or excludes the statutory rights of a Consumer. Where you are a Consumer, clause 16 applies and prevails over this clause.

12.5 This clause 12 survives termination of the Contract.

13.1 We are not liable for any failure or delay in performing Our obligations where it results from an event beyond Our reasonable control, including power or internet failure, strikes or other industrial action, civil unrest, fire, explosion, flood, storm, earthquake, subsidence, acts of terrorism or war, epidemic or pandemic, or other natural disaster.

13.2 If such an event affects Our performance:

13.2.1 We will tell you as soon as reasonably possible;

13.2.2 Our obligations will be suspended and time limits extended accordingly;

13.2.3 We will tell you when the event is over and arrange new dates or availability as needed;

13.2.4 if you wish to cancel because of the event, you may do so under clause 15.3, and We will refund any payment for Services not yet provided within 14 Calendar Days; and

13.2.5 if the event continues for more than 4 weeks, We may cancel the Contract under clause 15.6 and will refund any payment for Services not yet provided within 14 Calendar Days.

14.1 We may need to suspend the Services to deal with technical problems, or where you have not provided information or action required under clause 6.3, or to make minor changes. Unless the matter is urgent, We will tell you in advance in writing.

14.2 If We suspend the Services under clause 14.1, you will not have to pay for them during the suspension, but you must still pay any invoices already due.

14.3 If you do not pay Us as required by clause 5, We may suspend the Services until all outstanding sums are paid. We will tell you in writing. This does not affect Our right to charge interest under clause 5.7.

15.1 If you are a Consumer, you may also have a separate right to cancel within 14 days under clause 16. Where that right applies, it is in addition to the rights in this clause 15.

15.2 You may cancel an Order before the Services begin by giving Us 48 hours’ written notice. We will refund any payment for Services not yet provided within 14 Calendar Days of accepting your cancellation.

15.3 Once We have begun the Services you may not cancel, except that you may cancel immediately by written notice if: (a) We breach the Contract materially and fail to remedy it within 4 weeks of your written request; (b) We enter liquidation or have an administrator or receiver appointed; or (c) We are unable to provide the Services due to an event outside Our control (clause 13.2.4).

15.4 We may cancel an Order before the Services begin under clause 4.4.

15.5 Once We have begun the Services, We may cancel at any time on written notice, and will refund any payment for Services not yet provided within 14 Calendar Days.

15.6 We may cancel immediately by written notice if: (a) you fail to pay on time under clause 5 (this does not affect Our right to charge interest under clause 5.7); (b) you breach the Contract materially and fail to remedy it within 4 weeks of Our written request; or (c) We are unable to provide the Services due to an event outside Our control lasting longer than the period in clause 13.2.5.

15.7 Where We have provided Services you have not yet paid for, the sums due will be deducted from any refund or, if no refund is due, invoiced to you for payment under clause 5.

15.8 For the purposes of this clause, a breach is “material” if it is not minimal or trivial in its consequences to the other party.

15.9 Subject to your statutory rights (clause 16), We may issue a refund where: the Services cannot be performed due to circumstances beyond Our control; the Services do not meet the agreed specification and We cannot put this right within a reasonable time; or a genuine billing or payment error has resulted in overpayment.

15.10 Subject to your statutory rights (clause 16), We will not normally issue a refund where: you do not provide access or the information needed to complete the Services; you are dissatisfied although the Services were performed to the agreed specification; you cancelled with less than 48 hours’ notice; safe and clear access to the unit was not provided; there are insufficient funds in a prepayment system needed to complete the Services; or the system was not an HIU and you had told Us it was.

15.11 To request a refund, please contact Us in writing as soon as possible (and, if you are a Business Customer, within 5 Business Days of the relevant appointment). Refunds are made using the original payment method unless otherwise agreed, and are issued within 14 Calendar Days of approval, subject to any processing times of financial institutions.

16.1 This clause applies only where you are a Consumer. It prevails over any other provision of these Terms that conflicts with it. Nothing in these Terms removes or reduces your statutory rights.

16.2 Under the Consumer Rights Act 2015, We must provide the Services with reasonable care and skill, and any Goods We supply must be of satisfactory quality, fit for purpose and as described. If We do not perform the Services with reasonable care and skill, you can ask Us to repeat the Service or, if that is not possible or not done within a reasonable time, you can claim a price reduction. These rights cannot be excluded.

16.3 14-day cancellation right. Where you enter into the Contract at a distance (for example by phone or email) or away from Our business premises (for example at your home), you have the right to cancel within 14 Calendar Days of the Contract being formed, without giving a reason.

16.4 If you ask Us to begin the Services during the 14-day cancellation period and then cancel, you must pay for the Services provided up to the point of cancellation. If you expressly asked Us to complete the Services within the 14-day period and We have fully performed them, you will lose the right to cancel.

16.5 To cancel, simply tell Us in writing using the details in clause 19 before the cancellation period ends. We will refund all payments due within 14 Calendar Days of being told you wish to cancel, using the original payment method, less any amount due for Services already provided at your request.

16.6 For full details of your rights, you can contact the Citizens Advice consumer service or your local Trading Standards office.

17.1 We process your personal information in accordance with the UK GDPR and the Data Protection Act 2018, and only as set out in Our Privacy Policy, available at hiubreakdownandrepairs.com/privacy-policy.

17.2 Our Privacy Policy explains what We collect, how and why We use it, who We share it with, how long We keep it, and your rights. If you have any questions, contact Us using the details in clause 19. You also have the right to complain to the Information Commissioner’s Office (ico.org.uk).

18.1 We welcome your feedback and want to hear from you if anything falls short. If you wish to complain, please contact Us using the details in clause 19, with the relevant details and your invoice or job reference if you have one.

18.2 We aim to acknowledge complaints promptly and resolve them as quickly as we reasonably can.

19.1 You can contact Us by telephone on 020 3858 7989 or by email at info@hiubreakdownandrepairs.com.

19.2 Where these Terms require you to contact Us in writing (for example to cancel), you may email Us at info@hiubreakdownandrepairs.com, or write to Us at 14/2B Docklands Business Centre, 10–16 Tiller Road, London, E14 8PX (We recommend recorded or first-class post).

19.3 This clause does not apply to the service of court proceedings or other documents in legal action.

20.1 We may transfer (assign) Our rights and obligations under these Terms and the Contract to a third party (for example if We sell Our business). We will tell you in writing if this happens, and it will not affect your rights.

20.2 You may not transfer (assign) your rights or obligations without Our written permission.

20.3 The Contract is between you and Us. No other person has any right to enforce any of its terms, except that this does not affect any right or remedy a third party has independently of the Contracts (Rights of Third Parties) Act 1999.

20.4 If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.

20.5 No failure or delay by Us in exercising any right means We have waived it, and no waiver of a breach is a waiver of any later breach.

21.1 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) are governed by and construed in accordance with the law of England and Wales.

21.2 The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim. If you are a Consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your home courts, and you keep the benefit of any mandatory consumer protections of the place where you live.