Terms & Conditions
Standard Terms and Conditions - UFH
- Your contract is with Ecofit Energy Systems Limited whose Head office is at 9-11 The Courtyard, Parc Busnes Edwards, Llantrisant, Rhondda Cynon Taf, CF72 9TQ.
- Your contract is for the design, supply, installation, and commissioning of an Underfloor Heating System as detailed in our quotation (“the Quotation”).
- Our Quotation and these terms constitute the entire agreement, and shall prevail over any inconsistent terms and conditions contained or referred to in the Customer’s acceptance of order or otherwise.
- No variations shall be valid unless agreed between the parties and confirmed in writing. Special terms, if any, shall be specified in the Quotation. In the event of any ambiguity in interpreting the Quotation with these terms and conditions, these terms will prevail.
- The following words and expressions have the following meanings:
“Customer”: the individual or organisation to whom the Quotation is addressed and an order is received from;
“Ecofit” means Ecofit Energy Systems Limited (registered company number 7883824) whose registered office is at 9-11 The Courtyard, Parc Busnes Edwards, Llantrisant, Rhondda Cynon Taf, CF72 9QZ;
“Goods”: all items supplied as part of the installation;
“Quotation”: the documents issued by Ecofit defining the services to be provided and the price payable for the services;
“Price”: the price specified in the Quotation or subsequently agreed (in writing) between the parties;
“Payment Terms”: Payment terms are specified in Quotation or subsequently agreed (in writing) between the parties;
“Services”: the installation services described in the Quotation;
- Price and Payment Terms are stated in the Quotation. All figures exclude VAT unless otherwise stated. Our payment terms are 30 days. On amounts due but not paid we reserve the right to charge interest at the statutory rate or 5 per cent per year above the base rate of national Westminster Bank plc.
- We reserve the right to revise our Price if circumstances change and/or information arises that was not available at the time of our Quotation. We will only incur these costs with your permission but work will not proceed until additional work and costs have been agreed.
- No discounts on the Price or retentions of payment shall be made unless specifically agreed before an order is placed with Ecofit otherwise none shall apply.
Scope of Work
- The Services to be provided by Ecofit are defined in the Quotation.
- No materials will be ordered or allocated for the Services until an official order is placed with Ecofit.
- We shall not be liable for any delays to programme caused by the Customer’s failure to place a confirmed order in good time.
- An adjustment shall be made to the Price and/or the programme if any change to the project causes a significant change in the Services, costs or the time for delivery of the Services.
- Our Price may be subject to a remeasure once final AutoCAD drawings are received.
- Our quotation is based upon a minimum of 150m² being made available per visit to install the underfloor heating system. Any visits required outside of this programme of works will require a written instruction with an agreed value.
- Additional/Aborted visits will be charged at our standard daily rate of £500.00 for two men per day or part thereof.
- If Ecofit are to supply and install the floor insulation. This will be delivered on an artic lorry. Mechanical offloading will need to be carried out by others. If a smaller truck is required and/or a mechanical off load is required by Ecofit, additional cost may be incurred.
- Insulation (if part of the Services) must be checked by the builder/architect /Customer who must confirm compliance with the building regulations and requirements of the project.
- If we lay a perimeter strip, if it is required to be cut off after our installation it will be down to others to remove.
- If Ecofit are not required to install the insulation whatever insulation is installed, it must have a tacker grid or separating layer installed prior to commencement of our works.
Underfloor Heating System
- Before commencement of works, our installation area must be swept and clear of all obstructions.
- Customer to take all necessary precautions to ensure the building is watertight and that there are no major drafts or winds.
- All penetrations are to be undertaken by others.
- If walls are not built, temporary supports in the correct manifold positions are to be built by others.
- Following completion of the UFH installation, the system will be pressure tested with air before screed or timber is laid. If a water test is specifically required, this may increase the Price. If we are required to pressure test with water, it will be down to others to get a water source to the manifolds. Ecofit accept no responsibility for freezing water in pipework or water contamination such as Pseudomonas should a water test be carried out.
- It is the responsibility of the main contractor to protect our install from foot traffic, weather elements and any damaging effects before or while the screed is being undertaken.
- The wiring and installation of all controls are the responsibility of the controls or electrical contractor.
- Balancing of the Underfloor heating manifolds is charged at £350.00 per day or part thereof. When we balance the manifolds, we will only set the flow rates to each loop: The filling and venting of the system with water will be down to others.
Risk & Property
- Unless otherwise agreed, risk in all Goods passes on delivery to site and the Customer will be responsible for off-loading and secure storage of the Goods.
- Notwithstanding delivery and passing of risk, the Goods remain the property of Ecofit until payment of the agreed Price is made (together with any interest) and no other sums whatever shall be due from the Customer to Ecofit. If full payment is not received within a reasonable time, we reserve the right to remove the Goods and you give us permission to enter the property to do so.
- Any property of the Customer in Ecofit’s possession or under its control, and all property supplied to Ecofit by or on behalf of the Customer is held at the Customer’s risk.
Health & Safety
- The Customer and Ecofit both agree to comply in all respects with all applicable Health and Safety legislation.
Liability & Indemnity
- Ecofit warrants that the Services shall be performed with reasonable skill care and diligence in accordance with accepted professional standards and practices current at the time of delivery of the Services and that the Services shall conform to the contract specifications.
- We will not enter into any collateral warranty unless the Customer has advised us prior to the commencement of delivery of the Services a collateral warranty will be required. Sufficient time shall be allowed for negotiating any warranty.
- All warranties other than the above whether express or implied including without limitation warranties of fitness for purpose are expressly excluded.
- Ecofit shall not be liable to the Customer for:
- defects in the Goods caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or any act, neglect or default of the Customer;
- other defects in the Goods;
- any costs incurred or losses suffered as a result of incorrect installation of the Goods by the Customer in particular on supply only contracts.
- If we accept liability under these conditions our only obligation shall be at our option:
- to make good any shortage or non-delivery;
- to replace or repair any Goods found to be damaged or defective;
- to re-perform any part of the Services;
- to refund to the Customer the amount paid by the Customer for the Goods which are the subject of a claim.
- Ecofit shall not be liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Ecofit’s prior written approval. The Customer shall indemnify Ecofit against each loss, liability, and cost arising out of such claims.
- Ecofit’s aggregate liability to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the Price of the Services as determined by the net price invoiced to the Customer in respect of any occurrence or series of occurrences.
- Ecofit shall not be liable to the Customer for:
- any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise caused howsoever arising (and whether or not caused by the negligence of Ecofit, its employees or agents) other than liability for death or personal injury resulting from Ecofit’s negligence;
- any indirect or consequential loss or expenses suffered by the Customer, howsoever caused, and including, without limitation, loss of anticipated profits, goodwill reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
- Ecofit’s prices are determined on the basis of the limits of liability set out in these conditions. The Customer may by written notice to Ecofit request Ecofit to agree a higher limit of liability provided insurance cover can be obtained for such higher limit.
Intellectual Property rights
- For the purposes of these terms “Intellectual Property” means any patent, rights to inventions, utility model, registered design, copyright and related right, database right, design right, topography right, trade mark, service mark, trade, business and domain name, right in goodwill or to sue for passing off, unfair competition right, right in computer software, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection whatsoever in any part of the world.
- Any and all of the Intellectual Property in the drawings, concepts or other materials that Ecofit may provide to Customer in connection with the Contract shall remain the exclusive property of Ecofit and the Customer shall not during or at any time after the expiry or termination of the contract in any way question or dispute the ownership of any such rights of Ecofit.
- You agree that any new Intellectual Property that arises in connection with the contract, or products belonging to Ecofit, shall be owned absolutely by Ecofit. The Customer hereby assigns to Ecofit with full title and guarantees all rights in and to any such new Intellectual Property for the full duration of such rights, wherever in the world enforceable, and shall procure such an assignment from any employee, consultant or any other party who is involved with the contract. You agree to execute (or procure that the employee, consultant or any other party it shall involve with the contract executes) all documents and assignments and do all such things as may be necessary to perfect Ecofit’s title to the new Intellectual Property or to register Ecofit as owner of all registrable rights.
- Copyright in all outputs generated by Ecofit in connection with the Services (such as drawings and reports) shall remain vested in Ecofit but the Customer shall have a licence to copy and use such outputs for any purpose solely related to the project for which the Services are performed. Ecofit shall not be liable for any use by the Customer of any of the outputs for any purpose other than that for which the same were prepared and provided.
- Neither party shall recruit or engage directly or indirectly whether as an employee or as a contractor or through any third party any personnel who have been connected with the delivery of the Services.
- Any dispute arising under these conditions which cannot be resolved by agreement shall be referred to an arbitrator agreed between the parties or failing agreement appointed by the President of the Chartered Institute of Arbitrators and settled according to the JCT Construction Industry Model Arbitration Rules (JCT 1998).
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these conditions nor any Contract made under them and no person other than the Customer and Ecofit shall have any rights thereunder, nor shall these conditions or any Contract be enforceable under that act by any other person.
- Any additional warranty provided by Ecofit relating to the Services is stated in the Quotation. We will also pass on to the Customer the benefit of any warranty given by the manufacturer of the Goods.
- If Ecofit is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, Ecofit shall be entitled to give notice in writing to terminate the contract.
Law and Jurisdiction
- These conditions and any Contract made under them shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction. Nothing in these conditions shall limit the right of Ecofit to take proceedings in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.