Terms & Conditions

In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works are to be carried out by Earth Inspired and the “Company” or ‘us’ means Earth Inspired Limited or, wherever the case may be, a franchisee, sub-contractor or representative of the company carrying out business pursuant to a Franchise/Subcontract Agreement entered into with the
company.

For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.

Nothing in these terms and conditions is intended to remove your rights regarding the quality of our work or relating to faulty or misdescribed goods that are supplied as part of our service.

Any prices or rates advised are subject to VAT at the prevailing rate.

This contract is subject to English and Welsh law and jurisdiction.

Obligation to Accept Works

The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only.

Any estimate or quote supplied by the company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 28 days from its date unless specified otherwise on the submitted estimate or quote.

The company will only be bound to quotes and estimates provided in writing to the customer, which have been signed off by an authorised representative of the company. The company will not be bound to any estimates provided orally.

Revisions to Quote

Any quote provided by the company may be revised in the following circumstances:

If following the submission of the quote by the company, there is an increase in the price of
materials.
If after the submission of the quote by the company, the customer instructs the company (whether in written or orally) to provide additional works or services not referenced or detailed within the estimate.
By your delay the work is not carried out or completed within two months.
We have to pay addition transport or delivery charges in order to carry out the services, or additional charges for professional services required to undertake the work.
If following submission of the estimate or works carried out, it is discovered that there was a manifest error when the estimate was prepared.
If at any stage during the works the quoted materials are not available for any reason and/or have longer than suitable expected delivery times. If this occurs a substitute as similar as possible will be provided to the Customer and the change in price will see an increase/decrease in cost to the Customer depending on the substitutes cost in relation to the quoted cost.

This quotation has been based on us being able to install your system as described without interruption. Should there be circumstances beyond our control which cause an interruption to the installation process we will discuss with you the implications of such a delay.

If, during the installation process, we come across any situation that we could not reasonably be expected to foresee, for example, remedial electrical or building work, we will discuss with you the implications and costs involved in rectifying the problem.

In addition, the company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the quoted price by more than 10%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).

Timetable for Works

If you decide to accept our quotation, we will contact you and arrange a mutually agreeable date to begin the installation. We will contact you at the earliest opportunity should there be any delay in obtaining the goods or services required.

There can be occasions that this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
In the case of severe delays to the delivery of goods then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified. You can either accept that offer, wait for the products you ordered or choose to cancel the contract.

The company will always endeavour to ensure they maintain this schedule and that individuals attend at the agreed time. However, the company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only.

Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However, if the delay incurs us in extra costs, for example scaffolding, we will require that you cover these costs.

Subcontracting

We reserve the right to sub-contract some or all of the work. We are responsible for ensuring that all subcontracted works are carried out to the standards required by MCS and the HIES Consumer Code.

Your Responsibilities

It will be your sole responsibility to:

Arrange proper protection for goods left in work areas, or where other people such as (but not limited to) tenants or workmen are or will be present.
Provide clear access to enable the company to undertake the works, and make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.
The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
At all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.
Supply to us normal services free of charge; this would include toilet, washing, water facilities and electricity. You should also ensure we have safe and easy access to the installation area.
Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.

By instructing the Company to proceed with any works as agreed, it is thought by the Company the Customer has sought the necessary permission as set out above. The Customer will be liable to the Company for all loss and damage whether indirect, direct or consequential which has been suffered by the Company as a result of the failure or delay by the Customer in performing the obligations as detailed above.

Indemnity

The customer shall indemnify the company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings and representations and warranties in connection with this contract.

Liability

The company undertakes to make good and repair any defect in completed work, which appears within two years of the complete date of the same, to the extent that such defect arises from the breach of thecompanies obligations under this contract.

All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect. This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.

Unless otherwise required by Law, the company’s liability shall be limited to:

the repair or making good of any defect pursuant to its undertaking.
liability for personal injury or death resulting from negligence in the course of carrying out the companies’ duties
the reasonable costs of repair or reinstatement of damage or any loss to the customers property, should this result from the negligence of the company or its employees, agents, franchisees or subcontractors, and the customer incurs such costs.

Other than by reason of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if it is caused by any of the following circumstances;

The company will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other
damages as a result.
Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.
We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc Any silicone work does not carry any guarantee.
The company is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by the company.
The company will not be liable for any fractures found in frozen pipes attended by the company and cannot guarantee to clear blockages occurring within frozen pipes or drainage systems.
Carpets/flooring may need to be lifted to install pipework. In such an event, the Company endeavour to return the carpet/flooring to as near as original condition as possible. Although it is important to note that we are not carpet fitters; therefore, no liability can be accepted for any damage caused to carpet / flooring, unless caused by our negligence.
It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items.
Where the flues pass through an outside wall, we will use all reasonable endeavours to ensure that when filing the hole this matches the existing wall finish, but exact matching cannot be guaranteed.
No liability can be accepted for any damages caused by substandard partition walls, that do not have the adequate support for load bearing items.
All gas and water piping will be installed and insulated according to appropriate standards. Pipework will be concealed, wherever possible; however, this will be at the discretion of The Company.
Power flushing to remove debris from a central heating system can, on rare occasions, expose previously undetectable faults, weak points or breaches. The Company cannot be held responsible for any such pre-existing conditions which might be revealed, or for any resulting damage which may occur.
Installing a new boiler will not affect individual radiators or cause them to cease working. If there are pre-existing faults on radiators on the system they may need to be replaced; resulting in an additional charge.
The Company can accept no liability for any damage incurred to pottery during the removal or replacement of bath and or basin taps, unless caused by our negligence. Although every care will be taken, the existing condition of the bath and or basin cannot be determined i.e pre-existing hairline cracks, etc; which could lead to damage of the bath or basin upon removal.
If we are responsible for causing damage to your premises or to property other than goods submitted for moving and/or storage you must make us aware of this as soon as is possible. We will not be liable for any damage to premises or property other than goods submitted for moving and/or storage unless we have been negligent or in breach of contract. Our liability is limited to making good the damaged area only.
When installing a new boiler, it may come to light that new pipework may also need to be installed due to a difference in a diameter between existing pipework and the new boiler. In such cases an additional charge may be incurred.
If we cause damage as a result of moving goods under your express instruction against our advice and
where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.

The company will only guarantee work directly undertaken by the company and its employees. Any work carried out on behalf of the company by agents or subcontractors will be guaranteed under their own respective policies.

Transport and Storage of Goods

We do not accept any liability for goods confiscated, seized, damaged, or removed by Customs Authorities or any other Government Agencies unless directly caused by our negligence or breach of contract.

On giving you two months’ notice we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us we are entitled to sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be available to you without
interest. If the full amount is not received we can still seek to recover the balance from you

Goods Belonging to Us

Any goods belonging to us that have been delivered to you should remain clearly identifiable as our property. Until the title to the goods is transferred to you the goods should be stored in such a way as they are protected from damage. They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or you feel that the goods are causing any form of hazard you should contact us.

Should you terminate the contract for any reason, then we will make arrangements with you to collect the goods. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not make adequate and reasonable arrangements with us to allow the goods to be collected, we retain the right to take legal proceedings to recover the goods or their value. The amount of any
reimbursement may be reduced by any reasonable costs we may have incurred.

Bespoke materials may require full payment upfront before materials can be ordered, if non-refundable goods are ordered as part of the quote (such as bespoke materials) and you terminate the contract, these costs will be chargeable to you.

Insurance

As signatories to the HIES Consumer Code, we must have appropriate insurance to cover possible third-party damage, which may be caused by any of our activities. We are insured by NFU MUTUAL.

Cancellation

If you cancel this contract outside the 14 day cancellation period you may have to pay to us reasonable costs for any losses we may have incurred. We will attempt to keep these costs to a minimum. If you have paid us a deposit or any advance payments, we may retain all or part of these payments as a contribution. If it has been expressly agreed the work shall take place before the end of your cancellation period and the order is
cancelled, the cancelation period is not applicable and the same costs may be incurred during said 14 days.

If the customer cancels any contract with the company, without the companies consent, the customer agrees to indemnify the company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment.

You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.

If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation. You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services
agreed to outside of any required cancellation periods.

If cancelled, the Company may make a deduction from any deposit amount paid to reimburse for loss in value of any goods supplied, if the loss is a result of unnecessary handling by you. You will be liable for the safe return of any goods that need to be returned to the Company as a result of your cancellation.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If any materials are bespoke and there is a charge for the return of the goods, the Customer shall be held solely liable for these costs.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email. Notice of cancellation is deemed to be served as soon as it is posted/sent.

Payment

Bespoke materials may require full payment upfront before materials can be ordered. You should make the payments agreed on the quotation as they become due. The final payment will be due on completion of the works. If you fail to make any agreed payment, we may cease work. If you fail to pay the amount specified in an invoice sent to you by the agreed due date, then we reserve the right to charge you interest until you pay the amount due.

Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 14
days of the invoice date should access not be made available – whichever is sooner.

Late Payment

In respect of all sums which are overdue to us we will charge interest calculated on a daily basis at 4% per annum above the prevailing base rate for the time being of The Bank of England. If you are in breach of this contract because you have not made a payment that was due to us and we have
ceased work, you may have to compensate us for any additional costs we have incurred.

Dependent on the circumstances, we may require that the goods are returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us. It is not permissible under this contract to withhold any more than a proportionate amount of the outstanding balance for any alleged defect. If you do withhold any amount after a payment has become due, you should give us notice of your intention before the final date on which payment is due. You should also, with that notice, state the reasons for withholding payment.

Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.

Intellectual Property Rights

All content on this document, including graphics and logos remain the sole property of the company, and are not to be copied, reproduced or distributed either in part of full, without our prior written consent.

Data Protection

“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

In order to protect the personal data of our customers, those within our business who must process data as part of their role have been made aware of our policies on data protection.

We keep several categories of personal data on our customers in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each customer and hold the data within our computer systems.

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.

“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).

“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.

We will use the personal information you provide to us in accordance with the Data Protection Act 2018,
General Data Protection Regulations and more specifically to:

Supply the Goods and Services to you
Process any payments that you make for the Goods and Services, including if necessary conducting credit reference check;
Register your installation with any relevant bodies, including your deposit protection and insurance backed guarantee and any competent persons scheme; Address any concerns or complaints that you have about the Goods and Services, including liaison with HIES and QA Scheme Support Services Limited or The Dispute Resolution Ombudsman where the law requires us to share.
Where you have indicated that you would like to receive further information on offers, products and services,
you can change this at any point by contacting us.

The Company may retain personal data for up to 10 years after you cease services with us, due to legal and/or accountancy obligations or whilst a product remains in warranty.

You have the right to access the information we hold about you. Please email your request to info info@earthinspired.co.uk so that we can obtain the information for you. No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these 15 circumstances, a reasonable charge will be applied. Further information on making a subject access request is contained in our Subject Access Request policy.
In the event of a data breach, we shall ensure that our obligations under applicable data protection laws are
complied with where necessary.

Transfer of Ownership of Goods

Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title in the such goods has passed to the Customer:

The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company.
For the purpose specified above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.

Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance

Workmanship Warranty

If, after the Company has carried out works, the Customer is not wholly satisfied with the works, then the Customer shall give notice in writing within 1 month to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate.

The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.

The guarantee covers only the labour aspect of works carried out by the Company. This warranty lasts for 2 calendar years after the completion date of the works as described in the quote.If a part becomes faulty whilst within it’s warranty then we can arrange for a replacement part to be issued. We can replace the faulty part with the replacement part but we will charge our standard labour rates in accordance with the time it takes to carry out this replacement as this repair is not in relation to our workmanship.

Manufacturer’s warranties are null and void in the event of sludge or scale causing the material to become faulty. Likewise, any works completed within the last 12 months that becomes faulty due to sludge or scale will not be covered under our workmanship guarantee. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:

Subject to misuse or negligence.
Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.
If the company or operative/engineer gives written or verbal advice that replacing the faulty material is the best solution to resolve the fault but the client requests a repair/patch-up then the company cannot be held responsible if that repair/patch-up material becomes faulty again to which there is no minimum time period.

Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.

17 The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.

The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.

The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any
such terms and conditions.

The HIES Consumer Code

We are signatories to the HIES Consumer Code, reference number EIL/A/0830, and this document is prepared in accordance with the HIES Consumer Code. The Code can be viewed in full at: https://www.hiesscheme.org.uk/regulation/hies-scheme-rules-code-of-practice/

Complaints

We hope you won’t have any reason to complain about any aspect of our service. But if you do, please contact us.
You may contact us by telephone, letter or e-mail, and you will find our contact details on this quotation.

We will acknowledge and attempt to resolve your complaint promptly. Where we need to investigate the complaint, we will report to you our progress on any investigation within seven working days.

If we are unable resolve your complaint, you may be able to complain to HIES. You can read about this here:

https://www.hiesscheme.org.uk/what-we-do/alternative-dispute-resolution/#how-to-complain-and-who-tocomplain-to

Alternative Dispute Resolution (ADR)

In the event of an unresolvable issue, we can refer our case to the nominated alternative dispute resolution provider through HIES, QA Scheme Support Services LTD and the Dispute Resolution Ombudsman. HIES can be contacted at: Centurion House, Leyland Business Park, Centurion Way, Leyland, PR25 3GR, 0344 324 5242 or info@hiesscheme.org.uk.

The parties agree that, in the event of a dispute, we will exclusively attempt to resolve the dispute through using HIES’s alternative dispute resolution services. If we are unable to resolve the dispute through mediation, the complaint can be referred by HIES to The Dispute Resolution Ombudsman, who is entirely independent of HIES.

Accepting The Quote

If you are in agreement with our terms and conditions, please return this quote in writing and make payment of your deposit payment if we have requested one. We will then contact you to arrange the date for the installation.

If you have any questions on any aspect of this quotation or any other related issue please do not hesitate to contact us.

01271 452246