You've been using your good friend IE for quite some time now. It has been a reliable companion for probably the last 20 years.
Unfortunately, due to technology constantly evolving, we would like to kindly ask you to update your browser to one of your liking from the ones listed below. This will ensure that you're going to have good time on our site. Actually, any site really.
Farewell, Internet Explorer.
1.1. You can find everything you need to know about us, Vaillant Group UK Limited and our services on our website or from our support staff before you order. We also confirm the key information to you in writing after you place an Order.
The following definitions and rules of interpretation apply in these Conditions.
3.1 Definitions:
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 7.
Conditions: these terms and conditions as amended from time to time in accordance with clause 14.4.
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person or firm who purchases Services from the Supplier (“you”).
Customer Default: has the meaning set out in clause 6.2.
End-User: Product owner.
Heat Pump Setup: a pre-booked video call appointment lasting up to 45 minutes with an Individual engaged by the Supplier to include:
Individual: the individual engaged by the Supplier who is performing the Services.
Individual Materials: has the meaning set out in clause 4.1(g).
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer's order for Services as set out in the Order Form and these Conditions as the case may be.
Order Form: the online form completed by the Customer to request the Services.
Services: the Heat Pump Setup supplied by the Supplier to the Customer. For the avoidance of doubt the Individual and or Supplier cannot underwrite, sign off or commission the installation. The Services are conducted remotely via video call and the Individual will not physically inspect our appliance. The Heat Pump Setup does not include cascade or hybrid systems.
Service Date: the date agreed between the Supplier and the Customer for the performance of the Services.
Supplier: Vaillant Group UK Limited registered in England and Wales with company number 00294316 including our engineers and technicians (“we” “us” “our”).
4.1 When the Customer submits the Order Form and accepts these terms and conditions this constitutes an offer from the Customer to purchase the Servcies. The Supplier will contact the Customer to confirm receipt of the Order, confirm the Service Date and take payment for the Services. When we have booked an appointment for the Services this is our acceptance of such Order and accordingly a contract is formed.
4.2 Cooling off Period: For most of our services bought online or over the phone, you have 14 days after the date we confirm your order to change your mind about a booking, but you lose the right to cancel any service if the Services are completed before the 14 day period has expired.
4.3 How to let us know and what happens next: If you change your mind within the Cooling off Period, and before the Service Date contact:afcprojectsuk@vaillant.co.uk. We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We will refund you by the method you used for payment and we will not charge a fee for the refund.
5.1 The Supplier shall use all reasonable endeavours to meet any performance dates agreed between the parties, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
5.2 The Supplier reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
5.3 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
6.1 The Customer shall:
(a) ensure that the terms of the Order and any information it provides in the Order Form are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer and/or End-User’s premises, office accommodation and other facilities as reasonably required by the Supplier;
(d) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) prepare the Customer and or End-User's premises for the supply of the Services;
(f) be available for the full duration of the allocated appointment time;
(g) 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; and
(h) keep all materials, equipment, documents and other property of the Individual (Individual Materials) at the Customer or End-User's premises in safe custody at its own risk, maintain the Individual Materials in good condition until returned to the Individual, and not dispose of or use the Individual Materials other than in accordance with the Supplier's written instructions or authorisation.
6.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or End-User or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer and or End-User 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 Supplier's performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer or End-User arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 6.2; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
7.1 The Charges for the Services shall be a daily fixed fee as agreed on the telephone.
7.2 The Customer shall pay the fixed fee when we ring you to confirm the Order.
7.3 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
7.4 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 11, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.4will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.5 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.
How the Supplier makes use any personal data you give us is set out in our Privacy Notice:www.vaillant.co.uk/technical-pages/privacy-and-cookie-policy/.
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in this clause 10 shall limit the Customer's payment obligations under the Contract.
10.3 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.4 The Individual and Supplier will not underwrite, sign off or commission the installation of the appliance which the Services relate to and shall have no responsibility for the designs. To the extent permitted, we accept no liability for the accuracy of any information or advice provided by our engineer providing the Services. While we endeavour to keep the information supplied up to date and correct, the Supplier makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information and advice provided under the Services. Any reliance the Customer places on such information is therefore strictly at its own risk. The Services are provided for general information only to assist and enable the Customer to operate their heat pump correctly. The advice may not be suitable for all circumstances as the Individual will not have all background information. Unless the Supplier tells you otherwise the Supplier will not make any assessment of the suitability of the installation of the heat pump for the property or guarantee any of the accompanying designs.
10.5 The Supplier does not guarantee, represent or warrant that your use of the Services will be uninterrupted or error-free and shall not be liable (subject to clause 10.3) if for any reason the Services are unavailable at any time or for any period. Access to the Services may be suspended without notice at the Supplier’s discretion due to system failures and the carrying out of maintenance.
10.6 Subject clause 10.3 (Liabilities which cannot legally be limited), the Supplier's total liability to the Customer shall in no circumstances exceed the price of the services you have purchased.
10.7 Subject to clause 10.2 (No limitation of customer's payment obligations) and clause 10.3 (Liabilities which cannot legally be limited), this clause 10.6 sets out the types of loss that are wholly excluded:
(a) loss of profits.
(b) loss of sales or business.
(c) loss of agreements or contracts.
(d) loss of anticipated savings.
(e) loss of use or corruption of software, data or information.
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
10.8 This clause 10 shall survive termination of the Contract.
11.1 The Supplier may cancel the Contract with immediate effect by giving the Customer notice in writing if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment;
(b) the Customer commits a material breach of any term of the Contract;
(c) the Customer is unable to perform its obligations in connection with the Contract pursuant to clause 6.
12. The Customer may cancel the Contract by notice in writing by email to: afcprojectsuk@vaillant.co.uk.
13.1 If the Contract is cancelled by the Customer the Supplier will use reasonable endeavours to re-book the appointment provided the Supplier receives at least 2-hours notice before the Services are due. The Supplier reserves the right to charge a cancellation fee if the Customer cancels after the Cooling off Period and does not want to rearrange the appointment. The cancellation fee shall be deducted from any applicable refund and shall be:
Cancellation before the date of the Event | Cancellation fee |
|---|---|
| More than 48 hours before the Service Date | Full refund |
| Less than 48 hours but more than 24 hours before the Service date. | 50% of the fixed fee |
| Less than 24 hours before the Service Date | 100% of the fixed fee |
13.1 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
13.2 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
14.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.2 Assignment and other dealings.
(a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
14.3 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
14.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
14.7 Third party rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
14.8 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
14.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
