Installation terms and conditions

How to read this document

This is the contract between you and us for designing, supplying and installing a heat pump system at your home. It is longer than we would like, because a heating installation involves a lot of moving parts and it is better to be clear now than to argue later.

We have written it in plain English and kept the clauses short. If any part of it is unclear, ask us before you sign. We would much rather explain a clause than rely on one you did not understand.

Two things are worth reading before anything else:

• Clause 8 is your right to cancel. You have 14 days. There is one important catch, which is what happens if you ask us to start work inside those 14 days. Clause 8 explains it.
• Clause 21 is about our responsibility if something goes wrong. Your legal rights as a consumer are not affected by anything in this contract.

1. Who we are and how to contact us

1.1 We are Airwarm Ltd, a company registered in England and Wales.

• Company number: 17362672
• Registered office: 2 Aireview Crescent, Baildon, Shipley, England, BD17 7LS
• Trading address: 2 Aireview Crescent, Baildon, Shipley, BD17 7LS
• VAT number: Airwarm Ltd is not currently registered for VAT
• Email: hello@airwarm.co.uk
• Telephone: 01274 947 197

1.2 The best way to reach us is by email at hello@airwarm.co.uk. We will confirm anything important in writing.

1.3 If we need to contact you, we will use the phone number, email address or postal address you have given us. Please tell us if any of them change.

1.4 Where this contract requires something to be "in writing", email counts.

2. Definitions

In this contract:

• Commissioning means starting the System up, setting it to work, taking and recording the readings required by the manufacturer and by applicable standards, and confirming it is operating correctly.
• Contract means these terms together with the Quotation you have accepted and the Design.
• Design means the system design we produce after the Survey, including the heat loss calculation, the equipment selected, the flow temperature we have designed to, and the assumptions we have made.
• Equipment means the heat pump, cylinder, controls, emitters and other goods we supply.
• Handover means the point at which we have completed the Works, Commissioned the System, and given you the documentation listed in clause 15.
• Property means the address where the Works are to be carried out.
• Quotation means the written quotation we give you following the Survey, setting out the price and what is included.
• Survey means the technical survey of the Property described in clause 5.
• System means the completed heat pump installation.
• Works means everything we have agreed to do at the Property.
• you means the person or people named as the customer. we, us and our mean Airwarm Ltd.

3. These terms, and your statutory rights

3.1 These terms apply to the Contract. Please read them before accepting a Quotation.

3.2 Nothing in this Contract affects your legal rights as a consumer. In particular, the Consumer Rights Act 2015 gives you rights that we cannot reduce or take away, including that our work will be carried out with reasonable care and skill, that the Equipment will be of satisfactory quality, fit for purpose and as described, and that where we have not agreed a price or a timescale, both will be reasonable.

3.3 Where anything in this Contract conflicts with your statutory rights, your statutory rights win, and the conflicting words are to be ignored to the extent of the conflict.

3.4 If any part of the Quotation conflicts with these terms, the Quotation takes priority for that point, provided the difference was made clear to you.

3.5 These terms are for consumers. If you are buying for a business, tell us, because different terms will apply and your cancellation rights under clause 8 will not.

4. How a Contract is formed

4.1 Enquiry and online assessment. Our Home Energy Assessment gives an indicative outcome only. It is not a quotation and creates no contract. See our terms of use.

4.2 Initial discussion. We may give you a rough indication of cost before a Survey, based on what you have told us. Any such figure is an indication only, is not binding, and is not a Quotation.

4.3 Survey. We will not quote for a heat pump installation without surveying the Property. See clause 5.

4.4 Quotation. After the Survey we will send you a written Quotation and the Design assumptions behind it. The Quotation will set out:

• what we will supply and install, identified by make and model;
• the flow temperature the Design is based on, and the internal temperatures it is designed to achieve;
• what is included and what is excluded;
• the total price, including VAT and every unavoidable charge;
• the payment schedule;
• our best estimate of when we can start and how long the Works will take; and
• how long the Quotation remains open.

4.5 The Quotation is our offer. It is open for acceptance for the period stated in it, or for 30 days if no period is stated. We may withdraw it before you accept by telling you in writing.

4.6 Your acceptance forms the Contract. A Contract comes into existence when you accept the Quotation in writing, or by signing it, and we acknowledge that acceptance in writing. Our acknowledgement will confirm the date the Contract was formed, because that date starts your cancellation period under clause 8.

4.7 Paying a deposit is acceptance. If you pay a deposit against a Quotation, we will treat that as acceptance, and we will write to confirm it.

4.8 We are not obliged to accept. We may decline to quote, or withdraw a Quotation before acceptance, for example if we do not think we can do the job properly or if the Property is outside the area we cover.

4.9 Nothing else is part of the Contract. Verbal comments, sketches, indicative figures and general marketing material are not part of the Contract unless written into the Quotation. This does not limit our responsibility for anything we have actually told you about the System — see clause 21.2.

5. The Survey and Design stage

5.1 Before we quote, we will carry out a Survey of the Property. This normally involves measuring rooms, inspecting the existing heating system, pipework and emitters, checking the hot water arrangements, checking the electrical supply and consumer unit, assessing where an outdoor unit can go and what the noise position is, checking for space for a cylinder, and photographing the relevant parts of the Property.

5.2 We will tell you before the Survey whether there is a charge for it and, if so, how much, and whether it is refundable or credited against the price if you go ahead. The Survey is chargeable. The fee is stated in writing before we book it, and it is credited in full against the installation price if you go ahead with us within six months. If our Survey concludes that your property is not suitable, you keep the written findings and the calculations behind them, and you owe nothing further.

5.3 The Survey depends on what we can see and reach. We cannot see inside walls, under floors, or behind fixed units. We will tell you where we have had to make an assumption rather than establish a fact, and we will record those assumptions in the Design.

5.4 If the Survey shows the Property is not suitable. We will tell you, in writing, and we will explain why rather than simply declining. Where there is a route forward — additional insulation, larger emitters, an upgraded electrical supply, a different location for the outdoor unit, a different technology — we will set it out, with an honest view of what it involves. We will not recommend a heat pump for a property where we do not believe it will perform properly.

5.5 If we conclude the Property is not suitable, no Contract for the Works comes into existence, and:

• if you have paid a Survey fee, we will keep it only if we told you in advance it was payable whatever the outcome, and we told you clearly;
• we will refund any other money you have paid us within 14 days; and
• you owe us nothing further.

5.6 If the Survey shows the Property is suitable only with additional work. We will set out what is needed. You may ask us to include that work in the Quotation, arrange it yourself, or not proceed. If you arrange it yourself, we will need to see it completed before we start, and we may need to re-check the Design.

5.7 If something is discovered after the Contract is formed that a reasonable survey would not have revealed — for example asbestos, hidden pipework, structural problems, an inadequate electrical supply that was not apparent, or a defective existing system — clause 6.5 applies.

6. Price, VAT, and what can change it

6.1 The price is the total figure in the Quotation. It includes VAT and every charge you have to pay in order to get the System installed. There are no separate charges we have not told you about.

6.2 The price is fixed once the Contract is formed, except in the circumstances set out in this clause 6.

6.3 VAT. The Quotation states the VAT rate applied and the total price including VAT. If the rate of VAT changes between the date of the Quotation and the date we supply, we will adjust the VAT element to the correct rate. We will tell you before we do. If the change increases the total price by more than a set threshold, you may cancel under clause 6.7; that threshold is not yet settled and will be stated in your quotation.

Airwarm Ltd is not currently registered for VAT, so our prices contain no VAT element. If we become VAT-registered we will tell you before you place an order. Note that the zero rate of VAT on installing energy-saving materials ends on 31 March 2027 and reverts to 5 per cent from 1 April 2027, which may affect quotations issued close to that date.

6.4 Variations you ask for. If you ask for a change to the Works, we will confirm in writing what the change involves, what it costs or saves, and any effect on the timescale, before we do it. Nothing changes until you agree in writing. We will not charge you for a variation you did not agree to.

6.5 Things we could not reasonably have known about. If, after starting, we find a condition at the Property that a competent surveyor could not reasonably have identified during the Survey and which means the Works cost materially more, we will:

• stop that part of the work and tell you promptly;
• explain what we have found and why it changes things;
• give you a written price for dealing with it, together with any alternatives; and
• wait for your written agreement before continuing with the affected work.

We will not charge you extra for anything a competent Survey should have picked up. If you do not agree to the additional cost, clause 6.7 applies.

6.6 Costs we bear. We bear the risk of our own estimating errors, our own supplier price increases, and any inefficiency in how we carry out the Works. Increases in our costs are not a reason to increase your price.

6.7 Your right to cancel if the price goes up. Where clause 6.3 or clause 6.5 would increase the total price, you may cancel the Contract by telling us in writing within 14 days of us telling you about the increase. If you do, you pay for the work properly done and the Equipment already installed up to that point, and we refund the balance of anything you have paid within 14 days.

6.8 Grants and funding. Where any grant, loan or funding scheme is relevant, the Quotation will state clearly whether the price assumes it, and what happens if you do not receive it. We do not guarantee that you will be eligible for any grant or scheme, and eligibility is decided by the scheme administrator, not by us. Whether any grant applies to your installation, whether we can apply on your behalf, and whether our price is quoted before or after a grant, will be stated in your quotation. We will not tell you a grant is available until we have confirmed that your property and the certification route for your installation both qualify.

7. Payment

7.1 The Quotation sets out the payment schedule. Unless it says otherwise:

25 per cent on acceptance of the quotation, 65 per cent on the first day of installation, and the remaining 10 per cent within 14 days of Handover.

7.2 We will not ask you for the full price before the Works are complete.

7.3 Payment is by bank transfer to the account shown on our invoice. We will never ask you to send money to a different account, and we will never ask you to change our bank details by email. If you receive a message that appears to be from us asking you to do either of those things, it is not from us. Please telephone us to check before sending any money.

7.4 If you do not pay on time we may charge interest above the Bank of England base rate, calculated daily from the due date until payment. The interest rate is not yet settled and will be stated in your quotation before you enter into a contract; we will not charge interest at a rate you were not told about in advance. We will tell you before we start charging interest. We will not charge interest on any amount you are genuinely and reasonably disputing, while we work through it under our complaints process.

7.5 You may withhold a reasonable amount for work that is genuinely incomplete or defective, provided you tell us in writing what it is and give us the chance to put it right. Please do not withhold the whole balance for a minor snag.

7.6 We may suspend the Works if a stage payment is materially overdue and we have given you written notice, but we will not leave you without heating or hot water.

8. Your right to cancel

This is the most important clause in this contract. Please read all of it.

8.1 Your 14-day right to cancel

You have the right to cancel this Contract within 14 days, without giving any reason.

Where you have entered into this Contract at your home, at another place that is not our business premises, or at a distance (for example by email, telephone or through our website), this right is given to you by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

We will not begin work during the 14-day cancellation period unless you ask us in writing to do so. If you do ask, and you then cancel, you must pay for the work already done.

8.2 When the 14 days start and end

The cancellation period expires after 14 days from the day of the conclusion of the Contract — that is, the day we confirm your acceptance of the Quotation under clause 4.6. The 14 days begin the day after that.

Where we have also supplied Equipment to you as goods, your right to cancel in respect of those goods runs for 14 days from the day on which you, or someone you have named other than the carrier, take physical possession of them. Where different items arrive on different days, it runs from the last of them.

If we fail to give you the cancellation information the Regulations require, your cancellation period is extended — by up to 12 months. We intend to give you that information properly, in the Quotation and in this Contract.

8.3 How to cancel

Tell us. You can do it however you like, as long as it is clear. Email hello@airwarm.co.uk, or write to us at the address in clause 1.1. You may use the model cancellation form in clause 8.9, but you do not have to.

To meet the deadline, it is enough that you send us your cancellation before the 14 days expire. It does not matter if it reaches us afterwards.

We will acknowledge your cancellation in writing without delay.

8.4 What happens when you cancel

If you cancel this Contract, we will reimburse to you all payments received from you, including any delivery costs (except for any supplementary costs arising if you chose a more expensive delivery method than the least expensive standard method we offered).

We will make the reimbursement without undue delay, and not later than:

• 14 days from the day we receive back any Equipment supplied, or from the day you supply evidence that you have sent it back, whichever is earlier; or
• if no Equipment was supplied, 14 days from the day on which we are informed of your decision to cancel.

We will refund you using the same means of payment you used, unless you expressly agree otherwise. You will not incur any fee as a result of the reimbursement.

Two deductions are possible, and only two:

• an amount for work you asked us to start within the cancellation period, under clause 8.5; and
• an amount for any loss in value of Equipment supplied, where the loss results from you handling it more than was necessary to establish its nature, characteristics and functioning.

8.5 If you ask us to start work during the cancellation period

This is the part that catches people out, so we will be blunt about it.

We will not begin the Works before the end of the 14-day cancellation period unless you expressly ask us to. Where this Contract was concluded away from our premises, that request must be given to you on, and returned by you in, a durable form — in practice, in writing.

If you do ask us to start early, and you then cancel within the 14 days:

• you must pay us an amount in proportion to what has been performed up to the point you told us you were cancelling, compared with the full coverage of the Contract;
• that includes work done, and Equipment we have installed or that has been supplied and cannot reasonably be returned; and
• you get the balance of anything you have paid back, within 14 days.

And if the Works are fully completed within the 14 days, you lose the right to cancel altogether. That only applies if you asked us to start early and you acknowledged, at that time, that you would lose your right to cancel once we had fully performed the Contract. We will put that acknowledgement in front of you in plain terms and ask you to sign it. We will not bury it.

If you would rather keep your cancellation right intact, simply do not ask us to start early. Waiting 14 days costs you nothing but time, and we will say so when we ask.

Our written request for early performance will use wording to this effect:

I ask Airwarm Ltd to begin work before the end of my 14-day cancellation period. I understand two things. First, if I cancel after work has begun, I will have to pay a proportionate amount for the work already done. Second, if the work is fully completed within the 14 days, I will lose my right to cancel entirely.

Signed: ......................... Date: .........................

8.6 What counts as "starting work"

For clause 8.5, we treat all of the following as beginning performance: carrying out a technical survey after the Contract is formed, producing the Design, ordering Equipment specifically for your Property, and any work at the Property.

Ordering Equipment matters in practice. If you ask us to order your heat pump straight away so it arrives sooner, that is beginning performance, and if you then cancel you may have to pay for it. We will make sure you know that before we order anything.

8.7 Your right to cancel is not affected by these things

Your statutory cancellation right is not lost or reduced because:

• we have already carried out the Survey;
• the Equipment has been ordered;
• you signed the Quotation; or
• anything else in this Contract says otherwise.

We do not rely on any exemption for "goods made to your specification". A heat pump system is assembled from standard components, and we do not consider the exemption applies.

8.8 Cancelling after the 14 days

If you want to cancel after the cancellation period has ended, please speak to us. We will look at what stage we have reached, what we have committed, and what we can reasonably recover. We will charge you our actual reasonable losses and no more — that means the cost of work done, Equipment ordered that we cannot return or reuse, and any restocking charge a supplier imposes on us. We will show you the evidence for anything we charge, and we will not use cancellation as an opportunity to make a profit.

8.9 Model cancellation form

You do not have to use this form. Any clear statement will do.

Model Cancellation Form

To: Airwarm Ltd, 2 Aireview Crescent, Baildon, Shipley, England, BD17 7LS, email hello@airwarm.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.

8.10 If we need to cancel

We may cancel the Contract if the Survey shows the Property is unsuitable (clause 5.5), if you do not agree to a necessary variation (clause 6.7), if you do not pay, or if we cannot safely or lawfully carry out the Works. We will tell you in writing and explain why, and we will refund everything you have paid other than the value of work properly done and Equipment installed.

9. What is included

9.1 The Quotation lists what we will supply and install. Typically that includes:

• the heat pump and its outdoor base or mounting;
• a hot water cylinder where one is needed;
• controls and any weather compensation;
• pipework, insulation, valves and other materials between the Equipment and the existing system, as designed;
• alterations to emitters where the Design requires them and the Quotation says so;
• the electrical connection work described in clause 11;
• removing and legally disposing of the old heating appliance and any materials we take out;
• Commissioning; and
• Handover, including documentation and showing you how to use the System.

10. What is not included

10.1 Unless the Quotation says otherwise, the price does not include:

• upgrading your incoming electrical supply, or any work by your Distribution Network Operator or electricity supplier;
• upgrading your consumer unit beyond what is needed for the connection in clause 11;
• insulation, draught-proofing, glazing or other fabric improvements;
• builders' work such as structural alterations, underpinning, drainage alterations, or forming new openings other than those needed to route pipework;
• asbestos survey, removal or management;
• treating damp, rot, or defective plaster;
• lifting and relaying fitted floor coverings, engineered or solid floors, or tiling;
• replacing radiators or pipework not identified in the Design;
• planning permission or building control application fees, where these are not stated in the Quotation;
• landscaping, and reinstating planting or paving that had to be disturbed;
• decoration and finishing beyond the making-good described in clause 10.2; and
• anything caused by a defect in the existing system that was not apparent at the Survey.

10.2 Making good. We will fill and make good holes we have made, leave the site clean, and take our waste away. We are not decorators. We do not paint, plaster-skim, wallpaper, re-tile or colour-match, and we cannot guarantee an invisible repair where pipework has been routed through a finished surface. Where the Design requires a route through a decorated or tiled area, we will discuss it with you beforehand so you know what to expect.

10.3 Existing pipework and emitters. Where the Design relies on your existing pipework or radiators, we will tell you what we have assumed. Older systems sometimes reveal problems once drained, refilled and run at different temperatures — a joint that has been holding for twenty years can weep once disturbed. We will fix what we have disturbed. We cannot be responsible for a pre-existing weakness elsewhere in a system we did not install, and where we think that risk is significant we will say so before you commit.

11. Electrical work and subcontractors

11.1 Some of the Works are electrical and require certification by a competent electrician. We may carry that out ourselves or use a subcontractor.

11.2 We remain responsible to you for everything. If we use a subcontractor, your contract is still with us alone. You do not have to deal with them, chase them, or take up a problem with them. If any part of the Works is defective — including the electrical part — you come to us, and we sort it out. Our obligations in clauses 16 to 20, and our responsibility under clause 21, cover subcontracted work exactly as they cover our own.

11.3 We will use only appropriately qualified and competent people, and we will tell you who is carrying out the electrical work and under what registration.

11.4 The electrical installation certificate or minor works certificate will be issued in the name of the person or business that carried out the work, because that is how electrical certification works. We will pass it to you at Handover.

11.5 We use appropriately qualified electrical contractors for electrical work. We tell you who will be attending before they arrive, we remain responsible to you for their work under this Contract, and you do not need to contract with them separately.

12. Your obligations

12.1 To let us do the job properly and safely, please:

• Access. Give us access to the Property on the agreed dates, between 08:00 and 17:00, Monday to Friday, excluding public holidays, and access to all areas we need including the loft, any cupboards, and the outside of the building. Someone aged 18 or over should be present, or you should make other arrangements with us in advance.
• Parking. Arrange a place for our van reasonably close to the Property, and let us know if a permit, a suspension, or a restricted-access arrangement is needed. We will tell you at the Survey if parking looks difficult. If we incur parking charges or a permit cost you have not arranged, we may pass on the actual cost, having told you first.
• Clearing space. Clear the areas we will be working in, and the route to them. That means moving furniture, ornaments, clothing, stored items in the cupboard where the cylinder is going, and anything in the way of the outdoor unit. We will move small items where we reasonably can, but please do not leave us to clear a room. We are not insured to move valuable, fragile or very heavy items and would rather you did it or arranged it.
• Protecting your things. Take down pictures and mirrors near where we are working, and lift or protect valuable floor coverings. We will use dust sheets and take reasonable care, but installation work is disruptive.
• Electrical supply. Give us safe access to your consumer unit, and tell us about anything unusual about your supply, any existing fault, or any solar, battery or generation equipment already fitted. Tell us if you are on a special tariff or have a smart meter arrangement that matters.
• Water and power. Let us use your water and electricity supply during the Works, at no cost to us. The amounts involved are small.
• Pets and children. Keep pets and children away from the work area, tools and open pipework.
• Information. Tell us anything that affects the Works — asbestos you know about, previous leaks, a listed building or conservation area designation, a shared drain, a party wall issue, a neighbour dispute about the outdoor unit's position, a restrictive covenant, or a leasehold requirement to obtain consent.
• Permissions. Obtain any consent you need as owner or leaseholder, including from a freeholder, a management company, or a mortgage lender where required.
• Vulnerability. Tell us if anyone at the Property is unwell, has a disability, or depends on continuous heating or hot water, so we can plan around it.

12.2 If you do not do these things and it delays or increases the cost of the Works, we may charge you our reasonable additional costs, and we will tell you before we do. We will always try to work around a problem first.

12.3 Health and safety. We may stop work if we find a serious safety risk — asbestos, a dangerous electrical installation, a structural problem, or unsafe access. We will tell you immediately, explain the risk, and set out what needs to happen. This is not us looking for a reason to walk away; it is us not making the situation worse.

13. Timing, delays and events outside our control

13.1 The dates in the Quotation are our best estimate, made in good faith. We will confirm the start date in writing and tell you promptly if anything changes.

13.2 We will carry out the Works within a reasonable time, and if we have given you an agreed date we will keep to it unless clause 13.3 applies.

13.3 Events outside our control. Neither of us is responsible for a failure or delay caused by something outside our reasonable control. For us, that includes severe weather that makes the work unsafe or would compromise quality, flooding, a manufacturer or supplier failure, a shortage in the supply chain we could not have foreseen, industrial action, epidemic, fire, an act of government, or a failure of the electricity or water network. It does not include our own poor planning, our own staffing problems, or our own failure to order in time.

13.4 If an event outside our control happens, we will contact you as soon as we can, explain what it is, and agree a new date. Our obligations are suspended for the length of the event, and we will not charge you for the delay.

13.5 If the delay would be substantial, either of us may cancel the Contract. If you do, we will refund everything you have paid other than the value of work properly done and Equipment installed.

13.6 If we let you down on timing. If we fail to complete within the agreed time or within a reasonable time, you may treat the delay as we would want you to: tell us, and give us a reasonable further period to finish. If time was essential and you told us so when we agreed the Contract, or if we miss the further period you have given us, you may end the Contract and get a refund for anything not provided. This reflects your rights under the Consumer Rights Act 2015 and does not replace them.

13.7 Working without heating. Where the Works mean you will be without heating or hot water for a period, we will tell you how long we expect that to be, and we will do our best to keep it short. If our work leaves you without heating or hot water overnight, we will provide temporary electric heating and, where practical, a temporary means of heating water, at no charge to you.

14. Title and risk in Equipment

14.1 Risk of damage to or loss of Equipment passes to you when it is delivered to the Property, except that we remain responsible for damage caused by us, or by anyone working for us, while we are carrying out the Works.

14.2 Once Equipment is at the Property, please do not move it, unpack it, attempt to install it, or let anyone else work on it. If you do and it is damaged, that damage is yours.

14.3 Ownership of the Equipment passes to you when we have received payment in full for it.

14.4 Until ownership passes, the Equipment remains ours, and you must not sell it, give it away, or grant any security over it. We will not remove Equipment already installed at the Property in order to enforce this clause where doing so would leave you without heating or hot water, or would damage your Property. If you have not paid, we will pursue the debt, not dismantle your heating.

14.5 Materials and Equipment we have not yet installed remain ours and we may remove them if the Contract ends before installation.

14.6 Insurance. Please tell your home insurer that the work is happening if your policy requires it. We hold our own insurance — see the cover stated in your quotation.

15. Commissioning and Handover

15.1 When the installation is physically complete we will Commission the System: fill, vent and balance it, set the controls and any weather compensation, check the flow temperature against the Design, confirm hot water operation, and take and record the readings required by the manufacturer and by applicable standards.

15.2 At Handover we will:

• demonstrate the System to you and show you how to operate the controls, adjust the temperature, run any hot water schedule, and what to do if something looks wrong;
• explain what the System will and will not do, including anything you will need to do differently from a gas boiler;
• explain what you must do to keep the warranties valid; and
• give you the documentation in clause 15.3.

15.3 Handover pack. We will give you:

• the Design, including the heat loss calculation and the assumptions we made;
• the commissioning record with the readings taken;
• manufacturer manuals and warranty documentation, and confirmation that the warranties are registered;
• the electrical certificate under clause 11.4;
• any building control or scheme notification and the resulting certificate, through the certification route stated in your quotation (we will not claim a certification we do not hold);
• a schedule of the Equipment installed, with serial numbers;
• servicing requirements and intervals; and
• these terms and our workmanship warranty.

15.4 We will ask you to confirm in writing that Handover has taken place and that you have received the pack. If there are outstanding snags, we will list them, agree dates to fix them, and record that on the Handover document. Signing a Handover document with snags listed does not mean you have accepted the Works as complete, and does not affect your rights.

15.5 Handover is not the end. We will contact you within 48 hours to check how you are getting on, and again after about two weeks for a comfort review. A heat pump behaves differently from a boiler and the first few weeks are when questions come up. Please ask them. See clause 22.

16. Our workmanship warranty

16.1 We warrant that the Works have been carried out with reasonable care and skill, in accordance with the Design, the manufacturer's instructions and applicable standards, and that our workmanship will be free from defects for the period stated in the manufacturer's own warranty documentation, which we will give you at Handover. Manufacturer warranties commonly require an annual service to remain valid from the date of Handover.

16.2 If our workmanship proves defective within that period, we will put it right at our cost, including labour, materials and access.

16.3 This warranty is given by us, in addition to your statutory rights. It does not replace them, and it does not shorten them. Your rights under the Consumer Rights Act 2015 are not limited to the warranty period.

16.4 We do not currently hold an insurance-backed guarantee or a consumer code deposit protection. Deposit protection depends on the certification route we adopt and will be stated in your quotation before you pay anything. If Airwarm ceased trading, this workmanship warranty would be worth only what could be recovered from the company. We are not going to pretend otherwise.

17. Manufacturer warranties

17.1 The Equipment carries warranties from its manufacturers. Their length and terms are set by the manufacturers, not by us. We will tell you what they are in the Quotation, register them on your behalf, and give you the documentation at Handover.

17.2 Manufacturer warranties are between you and the manufacturer. We will help you make a claim, and we will not leave you to fight it alone.

17.3 A manufacturer warranty does not reduce our obligations under clause 16 or your statutory rights against us. If Equipment we supplied is faulty, that is our responsibility to you under the Consumer Rights Act 2015, whatever the manufacturer says.

18. What is not covered, and what can invalidate a warranty

18.1 Our workmanship warranty in clause 16 and the manufacturer warranties do not cover:

• fair wear and tear, or consumable items such as filters where these are a maintenance item;
• damage caused by someone else working on the System;
• damage caused by misuse, neglect, or operating the System outside the manufacturer's instructions;
• damage from freezing where the System was left unheated and unprotected, or where you were told to take a precaution and did not;
• damage from an external cause — flood, fire, storm, lightning, subsidence, vandalism, an electrical surge, or a failure of your electricity or water supply;
• problems caused by a defect elsewhere in your Property that we told you about and you chose not to address;
• changes you make to the System, its controls or its settings that cause a problem;
• poor performance that results from the Design assumptions being wrong because information you gave us was wrong;
• alterations to your Property after installation that change its heat loss, for example removing insulation or making a room larger; and
• corrosion or blockage caused by water quality or an existing system contaminant, where we advised treatment or a filter and it was declined.

18.2 What actually invalidates a warranty. In practice, the two most common causes are:

• not having the System serviced at the intervals the manufacturer requires, and not keeping a record of it; and
• someone else working on the System without the manufacturer's or our authorisation.

We will tell you clearly at Handover what the servicing requirement is. Please do not let it slide — it is the most common reason a manufacturer declines a claim, and it is entirely avoidable.

18.3 Comfort is not the same as a fault. A heat pump runs at lower flow temperatures than a boiler, for longer periods, and behaves differently. Radiators feel cooler to the touch even when the room is at the right temperature. That is normal and is not a fault. If your home is not reaching the temperature the Design specified, that may well be a fault, and we want to know about it. If it is reaching that temperature but the System does not feel the way you expected, that is a different conversation, and one we will have properly rather than dismissing it. We will explain what to expect before you commit, and again at Handover, so that this conversation happens early rather than late. See clause 23.

18.4 Nothing in this clause 18 limits your statutory rights, or excludes our liability for our own defective work.

19. Reporting a defect

19.1 If something is wrong, tell us as soon as you reasonably can. Email hello@airwarm.co.uk with your name, the address, and what is happening. If you can, tell us any error code shown on the controller, and when the problem started.

19.2 We will acknowledge you within 1 working day and tell you what happens next.

19.3 If you have no heating or hot water at all, tell us that clearly and we will treat it as urgent. As an Airwarm customer you will get a response from us within 24 hours. Where a genuine fault with the System cannot be resolved remotely, we may provide emergency support or attendance as appropriate. A response within 24 hours is not a promise that we will attend within 24 hours. We do not offer a general public 24-hour or emergency call-out service.

19.4 Please let us look at a problem before instructing anyone else, unless there is an immediate risk to safety or of damage to your Property. If someone else works on the System first, it may become impossible to tell what caused the fault, and it may affect a manufacturer warranty.

19.5 If there is an immediate risk — a leak causing damage, a burning smell, an electrical fault — make it safe first. Turn the System off at the isolator, turn the water off if it is leaking, and then call us. We will not criticise you for acting sensibly in an emergency, and doing so will not affect your rights.

20. How we put things right

20.1 Where the Works are defective, we will repair or replace the defective part, at our cost, within a reasonable time and without significant inconvenience to you. That includes the cost of getting to it — lifting a floor, removing a unit — and putting it back.

20.2 We choose between repair and replacement, but we will discuss it with you, and we will not insist on a repair that is disproportionate or that we do not believe will hold.

20.3 If we cannot put it right after a reasonable opportunity, or if repair or replacement is impossible or disproportionate, you may be entitled to a price reduction or, in some circumstances, to reject the Works. Those rights come from the Consumer Rights Act 2015 and we will not stand in the way of them.

20.4 Where a fault causes damage to your Property, we will put that right or pay for it to be put right, subject to clause 21.

20.5 We will keep you informed while we deal with it, and we will tell you what we found — including if what we found was our mistake. Defensive communication is prohibited internally, and that is not a slogan.

21. Our responsibility to you

Please read this clause carefully. We have tried to draft it so that it says only what it is lawfully allowed to say.

21.1 We are responsible for loss or damage you suffer that is a foreseeable result of us breaking this Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if we both knew at the time of the Contract that it might.

21.2 We do not limit or exclude our liability in any way for:

• death or personal injury caused by our negligence, or the negligence of anyone working for us, including any subcontractor;
• fraud or fraudulent misrepresentation;
• breach of your rights under the Consumer Rights Act 2015 relating to the Works being carried out with reasonable care and skill, or performed within a reasonable time, or the Equipment being of satisfactory quality, fit for purpose, as described and matching a sample or model seen;
• our breach of section 2(3) of the Supply of Goods and Services Act 1982 (title and quiet possession), where relevant;
• defective products under Part I of the Consumer Protection Act 1987;
• any duty under section 1 of the Defective Premises Act 1972; or
• anything else which the law does not allow us to limit or exclude.

21.3 We are responsible for damage to your Property caused by us or by anyone working for us while carrying out the Works. We do not cap our liability for that. It is what our public liability insurance is for. We hold public liability insurance and professional indemnity insurance. The insurer, policy number and limit of indemnity are stated in your quotation, and we will provide a copy of the certificate on request.

21.4 What we are not responsible for. Subject to clauses 21.2 and 21.3, we are not responsible for:

• loss or damage that was not foreseeable;
• loss or damage caused by your failure to do something in clause 12, where we told you what was needed;
• loss or damage caused by a defect elsewhere in your Property that we told you about and you chose not to address; or
• business losses. We supply the System for domestic and private use. If you use it for any commercial or business purpose, we are not liable to you for loss of profit, loss of business, business interruption, or loss of business opportunity. This does not affect you if you are a consumer using the System at home, including if you happen to work from home.

21.5 Running costs and performance. We will tell you what the Design is intended to achieve — the internal temperatures, at the design outdoor temperature, at the design flow temperature — and we stand behind that. What the System actually costs you to run depends on your electricity tariff, the weather, how warm you choose to keep your home, how you use hot water, and how you operate the controls. We do not guarantee any level of running cost or saving, and we will not give you a figure dressed up as a promise. If we give you an estimate, we will show you the assumptions behind it and say plainly that it is an estimate.

21.6 No cap below the price. Nothing in this Contract limits our total liability to you to less than the price you have paid or agreed to pay under it. Section 57 of the Consumer Rights Act 2015 does not permit that, and we are not attempting it.

22. Aftercare and servicing

22.1 We will contact you within 48 hours of Handover, and again after about two weeks for a comfort review. We will send you a reminder when an annual service is due.

22.2 The System needs servicing at the intervals the manufacturer specifies, and failing to service it can invalidate a warranty — see clause 18.2. Servicing is not included in the installation price unless the Quotation says so.

22.3 Any servicing agreement is a separate contract with its own terms and its own price. We offer an annual service. It is a separate agreement from this Contract, and we will send you the terms and the price before you commit to it. Booking a service with us is never a condition of this Contract, but an annual service is commonly a condition of the manufacturer's warranty.

23. Complaints and disputes

23.1 If you are unhappy about anything, please tell us. Email hello@airwarm.co.uk. Our full process, with timescales, is available on request.

23.2 In outline: we acknowledge quickly, establish the facts before forming a view, tell you honestly what we find, agree what happens next, and record the outcome.

23.3 Alternative dispute resolution. Any alternative dispute resolution body associated with the certification route for your installation will be named in your quotation. We do not yet belong to a certified alternative dispute resolution scheme or consumer code. When we do, we will give the name and website of the ADR body here and on our website, as required by the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

In the meantime, if we have exhausted our complaints procedure and you are still unhappy, we will tell you in writing the name and website of an ADR body that would be competent to consider your complaint, and whether we are prepared to take part. We will not obstruct you.

23.4 Nothing in this clause prevents you from going to court. Using our complaints procedure or an ADR scheme is not a precondition, and does not affect your legal rights or any time limit for bringing a claim.

23.5 You can also get free, independent advice from Citizens Advice — citizensadvice.org.uk, consumer helpline 0808 223 1133.

24. Your personal information

24.1 We will use your personal information as set out in our privacy policy, which explains what we collect, why, our lawful basis, who we share it with, how long we keep it, and your rights.

24.2 In summary, for this Contract: we use your information to design, supply, install, commission and support your System, and to keep the records the law requires us to keep. We share it with our subcontractors, the Equipment manufacturers for warranty registration, and our accountant. We keep installation records for a long time, because product liability and warranty claims can arise years later — see our privacy policy.

24.3 We will not add you to a marketing list because you became a customer. Marketing is a separate opt-in you can decline or withdraw at any time without it affecting anything.

25. Other important terms

25.1 Transferring this Contract. We may transfer our rights and obligations to another organisation, and we will tell you in writing if we do. It will not affect your rights. You may transfer your rights under our workmanship warranty to a person who buys your Property, provided you tell us in writing within a set period of the sale. That period is not yet settled and will be stated in your quotation.

25.2 Third parties. This Contract is between you and us. No one else can enforce it, except as set out in clause 25.1.

25.3 Severance. If a court finds any part of this Contract unlawful or unenforceable, the rest continues to apply.

25.4 Waiver. If we do not insist that you do something you are required to do, or if we delay in taking steps against you, that does not mean we have given up the right to do so later.

25.5 Changes. Any change to this Contract must be agreed by both of us in writing.

25.6 Notices. Notices under this Contract may be given by email to the address each party has given, or by post to the addresses in clause 1.1 and in the Quotation.

26. Governing law and jurisdiction

26.1 This Contract is governed by the law of England and Wales.

26.2 Any dispute may be brought in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your own local courts.