Terms and Conditions

Thank you for taking the time to read the terms and conditions of work. The information below is designed to help prevent confusion about the work that has happened or agreed to happen and is available on the website or by request prior to any agreed work starting.


1. Definitions

  1. “Agent” means a person or organisation who acts on behalf of the Contractor.

  2. “Contractor” means undefined (trading as "LAVA Home Servicing") and any of their employees and/or agents.

  3. “Customer” means the Owner of Tenant of a property who agrees the works, determined by contacting LAVA Home Servicing and accepting a work start date

  4. “Site” means the location where the Works will be undertaken.

  5. “Working period” means the date/s that the Contractor and the Consumer agree for the works to be completed.

  6. “Works” means the scope of work agreed, within the attached quote, to be completed by the Contractor for the benefit of the Customer.

Customer’s Responsibilities

  1. The Customer agrees to:

    1. take notice of all safety warnings given by LAVA Home Servicing;

    2. follow any reasonable instructions given by LAVA Home Servicing in respect of the Works being carried out;

    3. not allow any unauthorised persons (including children) to access the site during work times;

    4. give LAVA Home Servicing access to the Site during the agreed working hours throughout the working period; and

    5. keep the Site clear of obstructions to allow LAVA Home Servicing to carry out the Works.

    6. boilers, oil tanks, heating system components or ancillary items, should have been previously maintained with evidence according the manufacturers recommendations. This would include originally commissioning and annual servicing. Failure to do so, may shorten the life expectancy of the appliance and cause damaged that can not be corrected with a service. For this reason, no responsibility for future works will be accepted even if a service has now been completed.

    7. Information found on the CD/11 Liquid and fuel servicing and commissioning report relates to visual inspections only. All systems should be pressure tested at least every 5 years and underground pipes should have their integrity assessed annually by a specialist.


Cooling-Off Period

  1. Cancellation Rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

    1. There are certain circumstances under the above regulations where the Customer has 14 days from the day after the contract was agreed to cancel this Agreement. This only applies where the contract was agreed in the Customer’s home with the tradesperson present, or somewhere else outside of the Contractor’s business premises.

    2. If the Customer wishes to exercise their right to cancel they must inform the Contractor as soon as reasonably possible (and within the 14 days.) The Customer can email, write or telephone, the Contractor to cancel this Agreement.

    3. The Consumer can agree for the contract to start before the end of the cancellation period, if the Consumer wishes to do this they must let the Contractor know in writing. If they do wish for the contract to begin before the end of the cancellation period, they may still be able to cancel within the 14 days, however they may be charged for any work carried out by the Contractor up until the point they cancel. This can include labour costs and cost of materials that have been incurred by the Contractor within this time.

  2. Customers do not automatically get a cooling-off period if:

    1. They have something specially made for the Works - for example, made to measure curtains, windows or a conservatory; or

    2. The Customer invites the Contractor into their home for urgent repairs or maintenance; or

    3. The Contractor attends the Consumers house and leaves them with the quote and the Customer contacts the Contractor back at a later date to confirm this Agreement.

Changes to the Completion Date

  1. The period in which the Works are to be completed may only be extended by agreement between the parties.

Force Majeure

  1. If circumstances beyond the Contractor’s control prevent or impede the provision of the Works, the Contractor may elect to terminate this Agreement or continue to proceed until such circumstances have ceased. In the event that this Agreement is terminated, the Contractor must return any monies paid for works not yet completed. For the avoidance of doubt, the Contactor may retain all monies paid to them for works already completed.

  2. Circumstances beyond the Contractor’s control include, but are not limited to:

    1. unavailability of materials or components due to adverse weather, industrial action or other serious third-party intervention;

    2. adverse weather;

    3. strikes;

    4. lockouts;

    5. riots;

    6. natural disasters;

    7. fire;

    8. war;

    9. serious illness; and

    10. government decrees, proclamations or orders.

Additional Works or Payment

  1. Any further works or payments that differs from this Agreement must be subject to a further quote and agreement.

  2. In the event that any materials are substituted for a product of differing quality or value, this must be subject to a further agreement between the parties in writing. If more monies are owed to the Contractor as a result of the material substitution, this difference becomes due and payable by the Customer upon receipt of an invoice from the Contractor.

  3. LAVA Home Servicing is not responsible or liable for existing breakdowns or breakdowns that occur after the service. Acceptance of the CD/11, T1/133D, CD/12 or payment is viewed as evidence of agreement to the terms and condition of work.

  4. The Contractor has the right to decline or refuse any future works

Termination

The Contractor has the right to terminate this Agreement

Limitation of the Other Rights and Remedies

  1. The rights and remedies provided under this Agreement waive other rights outside this agreement

Contracts (Rights of Third Parties)

  1. Notwithstanding any other provision of this contract, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it and no term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999.

Jurisdiction

  1. This Agreement is governed by and shall be construed in accordance with the laws of England and Wales and Northern Ireland

Additional Agreements

  1. By contacting (or accepting contact with) LAVA Home Servicing and accepting a date for a work to start, you are agreeing to allow work to be carried out on the boiler and any ancillary items, it including modifications, repairs and adjustments as LAVA Home Servicing or its representatives see fit. This implied permission also indicates acceptance that after assessment the boiler may no longer be fit for purposes, no longer function as originally intended or require additional remedial work.




DATE OF AGREEMENT: 01/07/22