Terms & Conditions

1. Definitions and Interpretation

In these Terms of Service ("Terms"), the following defined terms apply:

"Company" means Flame On Gas and Heating Limited, and, as the context requires, any franchisee, subcontractor or authorised representative carrying out works pursuant to a Franchise or Subcontract Agreement with the Company.

"Customer" means the person or entity for whom the Works are to be carried out.

"Contract" means the agreement between the Customer and the Company for the carrying out of Works, of which these Terms form part. Where these Terms are scheduled to a separately signed agreement between the parties, "Contract" includes that agreement.

"Works" means the works described in any estimate, quotation or other document or email issued by the Company, as may be varied by written agreement between the parties.

"In writing" includes email, any document set out on a handheld device, and any signature captured on a handheld screen.

1.1 By engaging the Company's services, the Customer agrees to be bound by these Terms. If the Customer does not agree with these Terms, it must not engage the Company's services. The Customer's right to cancel is set out in Clause 13.

2. Acceptance of Works

2.1 The Company reserves the right to refuse or decline any work at its sole discretion.

2.2 Where the Company agrees to undertake Works, such agreement will be confirmed by an authorised representative of the Company only.

3. Charges and Minimum Billing

3.1 The Company does not charge a separate call-out fee. Hourly-rate work has a minimum charge of one (1) hour, covering attendance, assessment and work carried out during that first hour. Fixed-price work is charged at the price agreed with the Customer.

3.2 If work cannot proceed after attendance, the Company will not impose an automatic call-out fee. A charge will apply only where it was disclosed to and accepted by the Customer before the appointment, or where payment is due for labour, parts or materials already supplied.

3.3 The Company is not currently registered for VAT, so VAT is not charged. If the Company's VAT status changes, any VAT that becomes legally due will be identified before the Customer accepts the relevant estimate or quotation.

4. Appointment Cancellation and Rescheduling

4.1 The Customer must provide not less than 24 hours' written notice (by email or text message) to the Company if it wishes to cancel or reschedule a confirmed appointment.

4.2 Notice of cancellation or rescheduling is deemed served at the time it is sent, provided it is sent to the Company's designated email address or mobile number as confirmed in the booking correspondence.

4.3 Where the Customer fails to provide 24 hours' written notice, the Company reserves the right to charge a cancellation fee equivalent to one hour at the standard hourly rate, together with any materials or equipment costs already committed. This cancellation fee is separate from the Company's no-call-out-fee policy.

4.4 In the event of cancellation by the Company, the Company will endeavour to provide as much advance notice as reasonably practicable and will arrange an alternative appointment at the Customer's convenience.

5. Estimates and Fixed Price Work

5.1 Any estimate provided by the Company may be withdrawn at any time prior to unconditional acceptance by the Customer, and shall be deemed withdrawn if not accepted within 28 days of its date.

5.2 Unless otherwise expressly stated, all estimates are provided on an indicative basis and do not constitute a fixed-price or firm-price quotation. The estimate reflects the likely minimum costs based on a visual inspection and/or information supplied by the Customer. The final price will be calculated in accordance with the Company's standard rate card applicable at the time Works are carried out.

5.3 The Company reserves the right to increase the price prior to commencement of Works to reflect increases in material, labour, equipment hire or transport costs since the date of the estimate. Where any such increase would cause the final price to exceed the estimate by more than 10%, the Customer may cancel the Contract without liability, provided cancellation occurs before Works commence (including the ordering of materials or hiring of equipment).

5.4 An estimate may be revised where:

• (a) the Customer instructs (whether in writing or orally) additional works not referenced in the estimate;
• (b) there is an increase in the cost of materials after submission of the estimate;
• (c) additional works are discovered that had not been anticipated at the time of the estimate; or
• (d) a manifest error is discovered in the preparation of the estimate.

5.5 The Company is not obliged to provide an estimate. The Company will only be bound by estimates provided in writing and countersigned by an authorised representative. Oral estimates are not binding.

5.6 Where a Customer cancels an accepted estimate, the Customer shall reimburse the Company for all expenses reasonably incurred up to the date of cancellation, including labour, materials and equipment hire.

6. Prices and Payment

6.1 Published prices and rates do not include VAT because the Company is not currently registered for VAT. If the Company's VAT status changes, any VAT that becomes legally due will be shown clearly on estimates, quotations and invoices from the applicable date.

6.2 All invoices are due and payable immediately upon completion of Works or delivery of the invoice, whichever is earlier.

6.3 Account Customers with prior written agreement may make payment within seven (7) days of completion of Works and delivery of invoice.

6.4 Where Works are carried out in phases, the Customer agrees to make payment for each completed phase within seven (7) days of the relevant phase being completed.

6.5 Where the Customer is represented by a third-party agent, contractor, managing agent, landlord, tenant or other representative, that third party shall be jointly and severally responsible for payment in the event of non-payment by the Customer, unless the Company has agreed otherwise in writing prior to commencement of Works.

6.6 Late payments (whether in whole or in part) will accrue daily interest at 3% per annum above the Bank of England base rate from the date payment falls due until the date of receipt in full.

6.7 The Company is not obliged to issue guarantees, certificates or similar documents unless and until payment has been received in full.

7. Descriptions of Works

7.1 Any illustrations, descriptions or imagery appearing on the Company's website, marketing materials, catalogues or price lists are intended to convey a general idea of the works and services offered. They do not form part of any Contract.

8. Inspection, Delivery and Completion of Works

8.1 The Company will advise the Customer of the scheduled date and time for Works and will endeavour to maintain that schedule. However, all times provided are estimates only. The Company accepts no liability for late or non-attendance at site, or for late or non-delivery of equipment or materials.

9. Indemnity

9.1 The Customer shall indemnify the Company against all actions, claims, demands, losses, costs, expenses and charges arising from a breach by the Customer of its obligations, representations or warranties under the Contract.

10. Limitation of Liability

10.1 The Company's liability under or in connection with the Contract is limited to:

• (a) the repair or rectification of defects pursuant to Clause 11, subject to Clause 8.1;
• (b) liability for personal injury or death resulting from the Company's negligence; and
• (c) the reasonable costs of repair or reinstatement of damage to the Customer's property resulting from the negligence of the Company, its employees, agents, franchisees or subcontractors.

10.2 The Company will not be liable for damage to any part of a property where such damage is wholly or partly attributable to a pre-existing defect or inherent weakness in that part of the property.

10.3 The Company will not be liable for damage arising in the course of investigating or repairing plumbing, gas or drainage works, including blockages. This includes, without limitation, the removal of bathroom suites, panels, furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood or tiles), internal and external walls where pipework is or must be routed.

10.4 Any damage to plaster or brickwork will be the Customer's responsibility to make good. The Company does not accept responsibility for damage to wallpaper, paintwork, tiles, carpets or furniture. Silicone work does not carry a guarantee.

10.5 It is the Customer's responsibility to protect furniture, furnishings, fixtures and fittings. The Company will take reasonable care, but recommends the Customer removes or covers items within the working area prior to commencement of Works.

11. Defects Liability

11.1 Subject to the exclusions set out below, the Company undertakes to repair or make good any defect in completed Works that becomes apparent within six (6) months of the date of completion, to the extent such defect arises from a breach of the Company's obligations under the Contract.

11.2 All defects must be notified to the Company in writing within the six-month period. The Company and its insurers must be given a reasonable opportunity to inspect the Works and the alleged defect.

11.3 This undertaking applies only to Works completed by the Company and paid for in full.

11.4 If, following inspection, the alleged defect is found not to result from any Works carried out by the Company, the Company reserves the right to charge for the inspection visit at its standard rate.

11.5 The following are excluded from this undertaking:

• (a) parts or materials supplied by the Company, which are subject only to the manufacturer's or supplier's guarantee;
• (b) systems or structures not installed by the Company;
• (c) defects resulting from misuse, wilful act or faulty workmanship by the Customer or any third party acting for or under the direction of the Customer;
• (d) structural defects, including but not limited to subsidence; and
• (e) damage to drainage systems caused by external forces or root penetration.

12. Permits, Licences, Regulations and Access

12.1 It is the Customer's responsibility to obtain all necessary permissions, permits, licences and consents (including from the owner, landlord, managing agent or local authority) prior to Works commencing. The Company will not be responsible for any damage to property where such permissions have not been obtained. Additional charges may be incurred where equipment must be removed or repositioned as a result.

12.2 The Customer shall ensure clear and safe access for the Company to carry out the Works, including making arrangements for any traffic controls required.

12.3 Where Works require access over neighbouring or third-party property, the Customer shall obtain the necessary permissions and shall indemnify the Company against any claims arising from such access.

12.4 The Customer shall at all times ensure that the working environment is safe for the Company and its representatives.

12.5 In connection with drainage works, the Customer shall, where possible, provide the Company with a plan of drain layouts. Absence of such information may result in additional charges if blockages arise in drains not disclosed by the Customer.

12.6 By instructing the Company to proceed with Works, the Customer confirms it has obtained all necessary permissions. The Customer shall be liable for all loss and damage suffered by the Company as a result of the Customer's failure to comply with this Clause.

13. Force Majeure

13.1 The Company will use all reasonable endeavours to complete the Works on time. The Company will not be liable to the Customer or any third party if Works cannot be completed due to events or circumstances beyond the Company's reasonable control.

14. Cancellation

14.1 If the Customer cancels any Contract without the Company's consent, the Customer agrees to indemnify the Company against all loss, damage, claims or actions arising from such cancellation, without prejudice to the Company's right to payment under Clause 6.

14.2 Notice of the Customer's right to cancel within the statutory 14-calendar-day cooling-off period is set out in Clause 19 (Notice of Right to Cancel) below.

15. Removal of Waste

15.1 The Company is not responsible for the removal of waste materials arising from the Works. The Customer is responsible for the disposal of all such waste in accordance with applicable law.

16. Frozen Pipes

16.1 The Company will not be liable for fractures found in frozen pipes attended by the Company and cannot guarantee to clear blockages within frozen pipes or drainage systems.

17. Guarantees

17.1 The Company's guarantee covers labour only in respect of defective workmanship for a period of twelve (12) months from the date of completion. Parts, equipment and components supplied by the Company are covered by the relevant manufacturer's warranty only.

17.2 The Company's guarantee will be void if the Works or any appliance:

• (a) are subject to misuse or negligence; or
• (b) are repaired, tampered with or modified by any person other than a Company operative.

17.3 The Company accepts no liability for materials supplied by the Customer or third parties, and will not accept liability for damage or faults resulting therefrom.

17.4 The Company is unable to guarantee any work in respect of blockages in waste or drainage systems.

17.5 The Company is unable to guarantee any work carried out on the Customer's specific instruction, against the advice or recommendations of the Company or its operatives.

17.6 The Company will only guarantee work directly carried out by its own employees. Work carried out by agents or subcontractors on behalf of the Company will be guaranteed under those parties' own policies.

17.7 The Company will not be liable for damage or defects arising from work not covered by the guarantee, or where recommended remedial work has not been carried out.

17.8 The Company will not guarantee work where the Customer has been notified (whether verbally or in writing) of related work requiring attention that the Customer has not authorised.

17.9 The Customer shall be solely liable for any hazardous situation arising under Gas Safe Regulations, or in respect of any gas warning notice issued, unless directly caused by the Company's Gas Safe operative.

17.10 All Gas Safe engineers operate under their own Gas Safe registration and bear sole responsibility for gas-related Works and related liability.

18. Miscellaneous

18.1 Severability. If any provision of these Terms is held to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

18.2 Waiver. A failure or delay by the Company to exercise any right under the Contract shall not constitute a waiver of that or any other right.

18.3 Intellectual Property. All content on the Company's website, including graphics and logos, remains the sole property of the Company and may not be copied, reproduced or distributed (in whole or in part) without prior written consent.

18.4 Parking and Congestion. Customers located in permit-only parking areas should advise the Company in advance. Any applicable parking charges and Congestion Charge fees will be included in the invoice.

18.5 Appliance Faults. If a fault is discovered requiring repair, the operative will inform the Customer of the cause and cost before commencing repairs. Where immediate repair is not possible, a return appointment will be arranged at a mutually convenient time.

18.6 Unsafe Appliances. If the Company's operative determines that an appliance is immediately dangerous, the Company is legally obliged to cap it to prevent the escape of dangerous gases. Subject to the terms herein, no additional charge is made for capping. The Customer must not prevent the operative from fulfilling this legal obligation.

19. Complaints

19.1 In the event of a complaint, the Customer should notify the Company in writing at the earliest opportunity, addressed to: Flame On Gas and Heating Ltd, 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire EN5 5TZ, or by email to the Company's designated complaints address. The Company will endeavour to acknowledge and resolve all complaints within seven (7) business days of receipt.

20. Notice of Right to Cancel

20.1 The Customer has the right to cancel this Contract within 14 calendar days of receipt of the notice of right to cancel, without giving any reason.

20.2 To exercise this right, the Customer must notify the Company in writing (including by email). Cancellation by post is effective from the date of posting; it is recommended that proof of posting or recorded delivery be retained. Cancellation by email is effective from the time of sending.

20.3 Early commencement of Works. By signing a written estimate, the Customer agrees that Works may commence before the 14-day cancellation period has expired. If the Customer subsequently cancels, reasonable payment may be due for Works already carried out, including labour at the applicable rate.