These terms and conditions relate to you buying Trust Electric Heating’s products. They do not apply to products you bought or are buying through third parties or grant scheme.
Please pay particular attention to clause 8, which sets out your legal rights.
1. Services and Background
The Seller shall sell, and the Customer shall purchase the Goods which shall be installed by the Seller in accordance with any Order completed by the Customer which is accepted by the Seller. These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or reported to be made by the Customer.
2. Parties to the Agreement
These terms and conditions form part of a legal agreement (the agreement) between:
(a) us, Trust Electric Heating Limited of Unit 12, Elmfield Business Park, Lotherton Way, Leeds LS25 2JY. (Company Number: 09019006) and;
(b) you, the person named as the customer in the Estimate / Invoice.
This document sets out the terms and conditions that apply to the agreement for you buying your heating and us installing/delivering it. It explains what you can expect from us. It also explains your responsibilities
The agreement between you and us is made up of:
• these terms and conditions
• our written or typed estimate
• your deposit payment
(c) Before you accept your estimate and pay your deposit, read these terms and conditions carefully and make sure that the details on your estimate are complete and accurate.
(d) If you think there is a mistake on your order or want to make any changes, phone us on 0133 0711 186, email us at [email protected], or write to us at:
Trust Electric Heating Limited of Unit 12,
Elmfield Business Park
Lotherton Way,
Leeds
LS25 2JY
We will confirm any changes by letter or email to avoid any confusion.
(e) If we have to contact you, we will do so using the phone number, address or email address you provided in your order.
(f) These terms and conditions will become binding on you and us when:
• We send you an acknowledgement of order to confirm that we have accepted your order; or
• We have carried out a survey of your property and are satisfied that it is suitable for our heating system; whichever is later.
(g) If we need to do any extra work at your property in order for us to start or finish installing the heating, we may increase the price we quoted to cover the cost of that work with your consent.
(h) If your property is not suitable for the heating you want to buy, we will only accept your order without the 100-day warmth guarantee.
3. Definitions and Interpretation
3.1 In these Terms and Conditions the following terms shall have the following meanings:
• “Calendar Day” means any day of the year;
• “Cancellation Form” means the form attached to these Terms and Conditions as Schedule 1;
• “Cancellation Notice” means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer.
• “Contract” means the contract for the purchase and sale of the Goods and Services under these Terms and Conditions;
• “Customer” means the individual or individuals purchasing the Goods and Services from the Seller who shall be identified in the Order;
• “Goods” means the goods which the Seller is to supply in accordance with these Terms and Conditions which shall be installed as part of the Services.
• “Order” means the customer’s completed order for the purchase and provision of Goods and Services;
• “Payment Information” means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
• “Seller” means Trust Electric Heating Ltd, T/A Trust Electric Heating (hereafter Trust).
• “Services” means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order, which shall involve the installation of the Goods purchased by the Customer.
4. Basis of Sale
4.1 Sales Literature issued by the Seller in relation to the Goods and Services is subject to alteration without notice.
4.2 Prices could change from your original estimate; therefore, the new prices will come into play.
4.3 The pictures on our website and in our brochures are for guidance only.
5. Orders and Specifications
5.1 The Seller shall use its best and reasonable endeavours to meet the Customer’s Order for Goods in full in a single delivery/installation.
5.2 The seller will give a delivery/installation date and if this date is refused by the customer, they will have to take the next available delivery/installation date that fits in with the company’s schedule.
6. Payment
6.1 All payments made to the Seller must be made in Pounds Sterling, subject to any written agreement to the contrary and all balances to be settled in full on delivery and/or installation.
6.2 Paying by electronic bank transfer - account details are:
Bank: NatWest;
Company: Trust Electric Heating Ltd;
Account No: 48132691
Sort Code: 56-00-70
6.3 A minimum 50% deposit is to be made on the placing of the order before the company will start the build of the order.
6.4. The full outstanding balance must be settled no later than 7 days prior to the agreed upon installation/delivery date or, 6 weeks after the date of placing the order, whichever occurs soonest. Payments may be made via bank transfer, details of which can be found at 6.2 above, or, on your estimate or invoice or by contacting the office on 0133 0711 186 to facilitate a card payment. Failure to fulfil the payment obligation within the stipulated timeframe may result in a delay or cancellation of the delivery/installation.
6.5 Only upon receipt of the final payment will the products be delivered/installed and be covered by the guarantee.
6.6 Late payment. If the customer fails to pay on time, the company will charge interest (at the prevailing Bank of England base rate, plus 2.5%) on the amount owed (including VAT where appropriate) from the date the goods were supplied.
6.7 If you think your invoice is incorrect, contact us as soon as possible let us know and we will not charge you interest until we have settled the matter.
6.8 Any variation to the payment terms must be agreed in writing.
7. Delivery and Installation
7.1 The cost of delivery/installation shall not be deducted from any refund issued where a failure to deliver was the fault of the Customer.
7.2 The Seller will use reasonable care and skill to perform the Services identified in the Order.
7.3 The Seller shall use all reasonable endeavours to complete its obligations under the Order and the contract will be completed within a reasonable time.
7.4 Prior to delivery/installation of the radiator(s), it will be the customers responsibly to ensure that any existing heaters that have been agreed to be removed, have had sufficient time to completely cool down in the interest of safety.
7.4.1 If it is deemed by the installation team that the existing heaters are unsafe to be removed,then the installation will be cancelled and re-booked. The customer will then be liable to pay a re-booking fee of £180 inclusive of VAT.
7.5 Trust is NOT responsible for any additional wiring, disposal of old heating systems or non-standard installation of any kind that may be requested by the customer unless previously quoted for and agreed in writing.
7.6 Electrical work. Our quotation assumes that the electrical wiring in the customers’ property meets current regulations. If any additional electrical work is required, including, but not limited to, the upgrading of any electrical consumer board, to conform with current regulations, the customer shall be liable for any charges arising.
7.7 Asbestos. Old night storage heaters can sometimes contain asbestos. Where this is the case, this would prevent us removing the old system safely. We will provide a quote for the customer from a specialist and, if appropriate, they will remove the asbestos storage heaters. You can decide whether you want the contractor to do the work. The costing will be added to the bill or an arrangement can be made for the customer to pay the contractor directly. This will be confirmed by email or in writing.
7.7 Asbestos. The removal of old night storage heaters can sometimes contain asbestos. This would prevent us removing the old system safely. We will provide a quote for the customer from a specialist and if appropriate, they will remove the asbestos storage heaters. You can decide whether you want the contractor to do the work. The costing will be added to the bill or an arrangement for the customer to pay the contractor. This will be confirmed by email or writing.
7.8. Plumbing work. Our quotation assumes that the plumbing and the relevant sections of your current heating system in your property, where appropriate, will be decommissioned prior to your installation taking place. The customer shall be liable for the cost of any such work.
7.9. Support for electrical and plumbing work. If any issues occur sourcing a tradesperson to carry out the necessary work, please contact Trust HQ for support.
7.10 If you need to re-arrange your delivery or installation date, you must contact us and receive confirmation at least 5 working days prior to the agreed date. This applies to orders for delivery or installation within the UK mainland. For orders placed for delivery or installation to the UK islands, the notice period is increased to a minimum of 10 working days. Failure to re-arrange your delivery or installation within the specified timeframe will result in you being liable for the cost of both the original and the re-arranged delivery/installation dates.
8. Title to the Goods
8.1 Title to the Goods shall remain vested in Trust and shall not pass to the Customer until the purchase price for the Goods has been paid in full.
8.1.1 Until title to the Goods passes to the customer, Trust shall have authority to sell or otherwise deal with and/or dispose of all or any part of the Goods.
8.1.2 Trust shall store or mark the Goods in a manner reasonably satisfactory to the Customer indicating that the title to the Goods remains vested in Trust.
8.1.3 Trust will not return to customers’ property to fix, repair, or change a heater without the balance having been paid in full. Please refer to clause 6.5.
8.2 Irrespective of whether title to the Goods remains vested in Trust Electric Heating, risk in the Goods shall pass to the Customer upon delivery/installation.
9. Limitations of Goods
9.1 All radiators supplied have a limitation of use. That is, all radiators are specified and supplied to heat a specific size of room. Factors considered are; room size (cubic capacity), anticipated heat loss and gain, windows, doors, building construction and building type and the anticipated of egress/ingress. Therefore, breach of these limitations, including where the customer chooses to purchase a lower kW radiator than that specified and recommended by our representative, will result in the guarantee being invalid.
9.2 All radiators supplied come with a 25-year manufacturers guarantee. This guarantee period will commence from the date of installation/delivery (this assumes payment has been received in full). This assumes there is no breach, per 9.1 above.
9.2.1 Right to Repair Law, UK. Should you experience any issues or problems with your heaters, in the first instance, please telephone our office, as we can often rectify many issues over the telephone. Should we not be able to rectify over the telephone, we will arrange to visit your property to carry out repairs.
Within the first 12 months (from the first date of installation/delivery) there will be no charge for this visit. There will be no charge for any replacement parts which may be required.
If, after the first 12 months (from the first date of installation/delivery) we need to visit your property, there will be no cost for the replacement parts however, the customer will be liable to pay a call-out charge. This can range between £60 and £160 inclusive of VAT, dependent on the distance from Trust Electric Heating Head Office in Leeds and the complexity of the work needed to be carried out.
9.3 The ProtoStat thermostat, shall have a 5-year guarantee from the date of installation/delivery (this assumes payment has been received in full).
9.3.1 Any 3rd party thermostat will have its own guarantee that will be presented at the point of sale and installation/delivery.
Repair costs shall be as follows;
I. If the thermostat needs replacing within the relevant guarantee period, there will be no cost for the replacement parts however the customer shall be liable for a callout charge between £60 and £160, inclusive of VAT, dependent on the distance from the Trust Electric Heating’s Head Office in Leeds and the complexity of the work needed to be carried out.
II. If the thermostat needs replacing outside of the relevant guarantee period, there will be a cost of a new thermostat price on application: However, the customer shall be liable for a callout charge between £60 and £160, inclusive of VAT, dependent on the distance from the Trust Electric Heating’s Head Office in Leeds and the complexity of the work needed to be carried out.
III. If the NEOS electric radiator(s) needs replacing outside of the relevant guarantee period, there will be a cost for both parts and labour on application: the customer shall also be liable for a callout charge between £60 and £160, inclusive of VAT, dependent on the distance from the Trust Electric Heating’s Head Office in Leeds and the complexity of the work needed to be carried out.
10. 100-Day Warmth Guarantee
To activate this guarantee please make sure it is included on your estimate & invoice that you have accepted, or it will not be applicable.
10. 1 Trust Electric Heating’s 100-day warmth guarantee shall cover a period of 100 inclusive days from the date of installation and the final balance being paid in full. This will allow the customer 100 days to use the radiator(s) and, if during this period the radiator(s) fail to maintain a temperature of 20 degrees centigrade, then Trust shall remove their radiator(s) and reimburse the customer the total amount paid for the radiator(s). However, prior to the reimbursement Trust shall always be given the opportunity to replace/upgrade or repair the radiator(s) free of charge, in order to meet the aforementioned standard.
10.1.1 The seller will not be able to return/reinstate the customers old heating system.
10.2 This 100-day guarantee will not apply if the following is true:
10.2.1 The customer does not order and have installed radiator sizes as per Trust engineers measured recommendations.
10.2.2 This 100-day guarantee will be invalidated if the customer has changed or altered any part of their property. If the customer has draughts that are coming from windows due to poor or limited insulation.
10.2.3 This 100-day warmth guarantee is not valid if the customer is using a heater to warm up
multiple rooms even if the heater has been over specified for a space. For example, if the customer is leaving a door open into the lounge to dining room or lounge to hallway and the space required 3 heaters and only 2 have been purchased. It is the responsibility of the customer to ensure that they are covered before paying their deposit and so that the 100-day warmth guarantee can be activated on their invoice/order.
10.2.4 The 100-day warmth guarantee will not be activated if the ceiling heights are over the standard ceiling 2.4 metres, unless pre-agreed in writing, by Trust Head Office.
10.2.5 The 100-day warmth guarantee will not be activated if there is an open stairway or vaulted ceiling in a room, unless pre-agreed in writing, by Trust Head Office.
10.2.6 The 100-day warmth guarantee will not be activated for a specific room if there is an open chimney.
11. Service Warranty
11.1 To give our customers a peace of mind, we offer an optional service warranty from the date of purchase. If this is included on the customer account, no call out charges will be paid as outlined in limitation of goods Clause 9 as they will be included in the Service Warranty. For more information, please refer to the Trust Care Terms and Conditions: https://www.trustelectricheating.co.uk/trust-care-terms/
12. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015
12.1 Notice of the Right to Cancel
12.2 Under the above regulations the right to cancel does not apply with regards to the supply of goods that are made to the consumer’s specification or are clearly personalised. Trust’s radiators are made to a specification provided by the customer, that are not standard options, and are considered to be clearly personalised.
12.2.2 You are not entitled to a full refund if you cancel your order more than 14 days after placing it (the cooling-off period specified in the Consumer Contracts, Information Cancellation and Additional Charges Regulations 2013).
12.3 Refunds normally take around 7-10 working days to process and it may take between 3-5 working days thereafter for funds to reach your account once processed.
12.4 Your radiator(s) will be manufactured to your individual specification; delivery time is usually expected to be within 4 – 8 weeks, excluding public holidays and Christmas. We cannot hold your stock longer than 8 weeks unless agreed otherwise in writing.
12.5 Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 0117 981 292.
13. Notices
13.1 All notices under these Terms and Conditions shall be in writing.
14. Force Majeure
14.1 Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
15. Law and Jurisdiction
15.1 This Agreement shall be governed by the laws of England and Wales.
15.2 Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.
16. General
16. 1 We may transfer our rights and responsibilities under the agreement to another person or organisation. We will always tell you in writing if we are doing this, and we will make sure that the transfer will not affect your rights under the agreement.
16. 2 You need our permission to transfer your rights to someone else. No other person will have any rights to enforce any of these terms and conditions, except where you have transferred you rights and obligations with our permission and have this in writing.
16. 3 The heaters will not be under guarantee if they are removed without our permission or moved to another property.
17. Governing law and disputes
These terms and conditions are governed by the laws of England and Wales, and any dispute arising out of or in relation to the agreement between you and us may be brought to an English or Welsh court. If you live in Scotland, you may bring legal proceedings in the Scottish courts if you prefer to do so.
18. Data Protection
18.1 We will use your personal information in line with the General Data Protection Regulation (or any replacement law). We will use the information you give us to:
• Supply the products to you.
• Process your payment for the products.
• Give you information about updates or similar products that we provide.
• Passing your number / address onto a 3rd party contractor which has been agreed for the installation process.
• You can stop receiving this information at any time by contacting us.
• We will only give your personal information to other people and organisations if the law allows us to do so.
19. Complaints Procedure
19.1 We are committed to providing a high standard of service. Should you ever feel that you need to make a complaint, you can do so by phoning Head Office on 0133 0711 186, or by writing to the address given in clause 2. We aim to respond to these queries within 48 working hours and reach a conclusion within 14 working days. If, due to circumstances beyond our control, we cannot respond within this time frame, we aim to respond within 7 working days. If you are not satisfied with how we have handled your complaint, please write to the Operations Director at Trust Electric Heating Limited, Unit 12, Elmfield Business Park, Lotherton Way, Garforth, Leeds LS25 2JY.
19.2 If after following the procedure set out in clause 19.1 above, you feel we have not settled your complaint effectively, you may write to Trading Standards, giving as much information about your case as possible.
