Terms of Business

1.1 "We", "us" and "our" mean Appian Heat Pumps. "You" and "your" mean the person or organisation named in the quotation or booking. A "consumer" is an individual acting wholly or mainly outside their trade, business, craft or profession. A "business customer" is any other customer.

1.2 The contract consists of, in order of priority: any written variation signed or expressly agreed by us; the accepted quotation or service agreement; these terms; and any drawings, schedules or manufacturer information expressly incorporated into the quotation. Marketing material and preliminary discussions do not form part of the contract unless the quotation expressly says they do.

1.3 If a quotation contains a specific term that differs from these terms, the quotation takes priority for that job. Nothing in these terms affects a consumer's statutory rights.

2.1 A quotation is open for acceptance for 30 days unless it states another period. An estimate is an informed indication, not a fixed price. Prices are based on the information, access and site conditions reasonably available when prepared.

2.2 A contract is formed when we confirm acceptance after you approve the quotation or instruct us to proceed. Paying the requested deposit normally constitutes acceptance. We may decline work before confirming acceptance.

2.3 Prices include VAT only where the quotation says so. The VAT treatment is based on the law and information available at the tax point. If the applicable VAT treatment changes or information supplied is incorrect, the price will be adjusted as required by law.

2.4 We are not registered under the Microgeneration Certification Scheme unless a quotation expressly states otherwise. Our work therefore may not qualify for grants or schemes requiring an MCS-certified installation. You are responsible for confirming eligibility before accepting the quotation.

3.1 We will provide the goods and services described in the quotation with reasonable care and skill. Items not expressly included are excluded.

3.2 System selections, capacities and layouts are based on stated or observed conditions and any design assumptions identified in the quotation. Heat-loss, heat-gain, acoustic or energy calculations are included only if expressly stated. Actual comfort, energy use, seasonal efficiency, running cost, heat-up or cool-down time and noise can be affected by weather, building fabric, occupancy, doors and windows, tariffs, user settings, maintenance and connected systems. We do not guarantee a particular bill saving, COP, room temperature or sound level unless the quotation gives a specific written guarantee.

3.3 The final position of equipment, pipework, cables, trunking, ducts, grilles and drains may need reasonable adjustment during installation. We will consult you where a material change is required.

3.4 Making good is limited to what the quotation expressly includes. Unless stated otherwise, it excludes painting, decorating, plastering, carpentry, roofing, specialist fire stopping, removal of asbestos, landscaping, scaffolding, core holes through unusual construction, builder's bases and reinstatement of hidden finishes.

4.1 You must provide accurate information about the property, intended use, existing systems, electrical supply, drainage, building construction, known defects, asbestos and hazardous materials, and any relevant restrictions.

4.2 Unless expressly included, you are responsible for planning permission, listed-building consent, landlord or freeholder consent, party-wall matters, lease restrictions, building-control approval and any other third-party permission. We may reasonably assist, but do not warrant that permission will be granted.

4.3 You must provide safe, clear and timely access, parking or permits, electricity, water and welfare facilities where reasonably required; protect or remove valuables; keep children and animals away from the work area; and identify known concealed services.

4.4 You must ensure that any base, opening, builder's work, scaffold, drain, electrical supply or other preparatory work undertaken by you or others is complete, suitable and safe before our visit. Delay or additional work caused by inadequate preparation may be charged as a variation.

4.5 Where remote monitoring, Wi-Fi or an app is required, you must provide a compatible device, reliable internet connection, router access and any third-party account. Cloud services and apps are controlled by their providers and may change or cease.

5.1 Unless the quotation says otherwise, installations require a 60% deposit when the order is accepted and the remaining 40% is due immediately on practical completion. Service, diagnostic, repair, commissioning and call-out invoices are due on receipt. We may require payment for special-order parts or additional stages before ordering or continuing.

5.2 The deposit secures procurement and a provisional place in our schedule. An installation date remains subject to equipment availability, cleared payment and site readiness.

5.3 You may not withhold or set off payment because of a minor or unrelated issue. A genuine defect must be notified promptly and you must allow us a reasonable opportunity to inspect and, where appropriate, remedy it. Consumers retain all statutory remedies.

5.4 Goods remain our property until all sums due under the contract have been paid, so far as the law permits. Risk in delivered goods passes to you on delivery to the site, except where loss or damage results from our failure to use reasonable care. Once goods are incorporated into the property, our rights are subject to applicable property and consumer law.

5.5 For business customers, overdue sums may carry statutory interest and fixed recovery compensation under the Late Payment of Commercial Debts legislation, together with reasonable recovery costs where permitted. For consumers, we may recover reasonable, evidenced debt-enforcement costs where lawful and awarded or agreed.

6.1 Lead times and delivery dates are estimates unless expressly guaranteed. Manufacturers and distributors may allocate stock, alter specifications or discontinue products. We are not responsible for supply-chain delay outside our reasonable control.

6.2 We will not make a material substitution without your agreement. We may use an equivalent minor component where it does not materially reduce function, appearance or warranty.

6.3 After acceptance, the price may change only for an agreed variation, a change in law or tax, inaccurate information supplied by you, unforeseeable site conditions, or a requested delay that causes demonstrable additional cost. We will explain the change and seek agreement before carrying out additional chargeable work, except where immediate action is reasonably necessary for safety or to prevent damage.

7.1 Dates are agreed in good faith but are not guaranteed unless stated as fixed in writing. We may reschedule for unsafe weather, illness, emergency work, late deliveries, access problems, discovery of hazards or other circumstances outside our reasonable control.

7.2 Neither party is liable for delay caused by an event beyond its reasonable control. The affected party must notify the other and take reasonable steps to reduce the effect. If a substantial delay continues, either party may end the unperformed part of the contract; you must pay for properly supplied goods, completed work and irrecoverable commitments, subject to consumer law.

7.3 We may charge reasonable wasted-visit, storage, remobilisation or additional labour costs where work is delayed by your act or omission, after giving notice where practicable.

8.1 Any requested change should be agreed in writing, including its effect on price and timing. Messages and email may constitute written agreement.

8.2 Concealed damage, blocked or unsuitable drains, defective wiring, inadequate supply capacity, inaccessible services, asbestos, structural defects, contaminated systems, non-compliant previous work and other conditions not reasonably visible at survey are outside the original price unless expressly allowed for.

8.3 If urgent work is required to leave the property safe or prevent material damage and it is not reasonably possible to obtain instructions, we may take proportionate protective action and charge a reasonable amount for it.

9.1 Electrical, plumbing, roofing, access and building work is included only where stated. Work may be carried out by competent employees or subcontractors. Where you contract directly with a third party, that work is outside our contract even if we help coordinate it.

9.2 Existing installations must be safe, serviceable and compliant enough to accept the new work. Necessary upgrades identified after testing are a variation unless the quotation includes them.

9.3 Condensate drainage depends on suitable falls, pumps, discharge points and maintenance. Pumps make operational noise and require cleaning and replacement over time. We are not responsible for blockage, freezing, biofilm, pump failure or overflow caused by lack of maintenance, third-party alteration or conditions outside our work, but this does not exclude liability for defective installation.

9.4 We will take reasonable care when drilling or fixing. You must tell us about hidden pipes, cables, membranes and other services. We are not responsible for damage to undisclosed or undetectable concealed services unless caused by our failure to exercise reasonable care and skill.

10.1 A call-out or diagnostic charge pays for attendance, investigation and the work described; it does not guarantee that the fault can be identified or permanently repaired in one visit.

10.2 Intermittent faults, multiple faults, unavailable technical data and previous alterations may require staged diagnosis. Further visits, monitoring, parts and labour are chargeable unless covered by our workmanship warranty or expressly included.

10.3 A diagnosis is based on the symptoms and test results present at the time. If another fault becomes apparent after the first defect is corrected, it is treated separately unless it was caused by our work.

10.4 Repairs to systems installed or altered by others do not make us responsible for the overall design, compliance, condition or future reliability of that system. We will identify material concerns that become apparent within the agreed scope.

11.1 Refrigerant handling, leak testing, recovery and records will be undertaken in accordance with applicable fluorinated greenhouse gas and environmental requirements.

11.2 Where a leak is suspected or found, we may have to stop operation, recover refrigerant or decline to recharge until an appropriate repair has been completed and tested. Refrigerant, recovery, nitrogen, disposal, access and repair work are chargeable unless included or covered by a valid warranty.

11.3 We may refuse unsafe, unlawful or environmentally improper instructions, including knowingly releasing refrigerant or repeatedly recharging a leaking system without appropriate repair.

12.1 A service is limited to the schedule stated in the booking, quotation or report. It is not a guarantee that every latent defect will be found or that the equipment will not fail afterwards.

12.2 You remain responsible for routine user maintenance, keeping air paths and equipment clear, following manufacturer instructions, frost protection, water quality where applicable, and arranging recommended periodic servicing.

12.3 Maintenance-plan benefits, response targets and included visits apply only during the paid term and are subject to the plan schedule. Parts, refrigerant, specialist access and repairs are excluded unless expressly included. A priority response is not a guaranteed attendance time.

12.4 Missed maintenance, blocked filters or coils, dirty water systems, untreated corrosion, scale, inadequate flow, poor ventilation and misuse can reduce performance and invalidate warranty rights where causally relevant.

13.1 If we agree to install customer-supplied goods, you are responsible for their suitability, completeness, condition, compatibility and supplier warranty. We remain responsible for the standard of our installation work.

13.2 Extra time caused by missing, defective or incompatible customer-supplied items is chargeable. Removal and refitting connected items for a supplier claim is chargeable unless our workmanship caused the defect.

13.3 We may refuse to fit any product we reasonably consider unsafe, unsuitable, counterfeit, non-compliant or unsupported.

14.1 Practical completion occurs when the agreed work is substantially complete and capable of its intended use, despite minor outstanding items that do not materially prevent use.

14.2 We will perform the commissioning and functional checks appropriate to the scope and provide relevant operating information or records. You must attend or nominate someone for handover where reasonably requested.

14.3 Minor snagging does not postpone practical completion or payment. We will arrange to correct valid snagging within a reasonable time, taking account of parts availability and access.

15.1 We warrant our workmanship for 12 months from practical completion unless the quotation states a longer period. If notified within that period, we will investigate and correct defective workmanship at no charge within a reasonable time.

15.2 The workmanship warranty does not cover fair wear and tear, consumables, accidental damage, misuse, poor maintenance, blocked drainage, power or internet problems, water quality, scale, corrosion, frost, vermin, weather damage, movement of the building or base, third-party work, customer-supplied equipment, or a product failure not caused by our work.

15.3 Manufacturer warranties are provided by the manufacturer and are subject to registration, servicing, permitted use and other manufacturer conditions. We may assist with a claim, but do not give the manufacturer's warranty ourselves. Labour, access, refrigerant and ancillary costs are included only if the applicable warranty expressly covers them.

15.4 You must notify us promptly, stop using equipment where continued operation may cause harm, and allow reasonable inspection and access. Unauthorised alteration may invalidate our warranty only to the extent it causes or prevents proper assessment of the issue.

15.5 Nothing in this section limits a consumer's statutory rights, including rights relating to goods, installation and services.

16.1 We maintain appropriate public liability insurance. We are responsible for foreseeable loss or damage caused by our breach of contract or failure to use reasonable care and skill.

16.2 We do not exclude or limit liability where it would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights that cannot be excluded, or damage caused by defective products where the law prevents exclusion.

16.3 For consumers, we are not responsible for losses that are not foreseeable, are caused by inaccurate information or failure to follow advice, or are business losses. If we perform work at your home for business purposes, our liability for business loss is governed by clause 16.4.

16.4 For business customers only, subject to clause 16.2: neither party is liable for indirect or consequential loss, loss of profit, revenue, business, production, contract, data, goodwill or anticipated saving; and our total aggregate liability arising from the contract is limited to 150% of the total contract price or £1,000,000, whichever is lower. This cap does not apply to sums payable under an applicable insurance policy to the extent the insurer admits the claim.

16.5 We are not responsible for pre-existing defects or for damage caused by third parties, latent building defects, hazardous materials, abnormal utilities, or connected equipment outside our scope, except to the extent our lack of reasonable care materially contributed.

17.1 If a consumer contract is agreed entirely at a distance or away from our business premises, you normally have 14 days from the day after the contract is made to cancel the service contract without giving a reason. For goods supplied under a sales contract, the cancellation period normally ends 14 days after you or your nominated person receives the goods, subject to statutory rules and exceptions.

17.2 To cancel, send a clear statement to the postal or email address in clause 25. You may use the model cancellation form at the end of these terms, but do not have to.

17.3 If you expressly ask us to begin services during the cancellation period and then cancel, you must pay a proportionate amount for services supplied up to cancellation. Once a service has been fully performed following your express request and acknowledgement, the statutory right to cancel that service may be lost.

17.4 The right to cancel may not apply to goods made to your specification or clearly personalised. Equipment selected for a particular project is not automatically personalised; the statutory test applies.

17.5 Where cancellation rights apply, refunds will be made within the statutory period using the original payment method unless agreed otherwise. We may make deductions permitted by law. These provisions do not affect rights where goods or services are faulty or misdescribed.

18.1 You may request cancellation or postponement at any time. Outside any statutory cancellation right, we may retain or charge only the reasonable losses actually resulting from cancellation, including work performed, non-returnable or specially committed goods, restocking, delivery, storage and other irrecoverable costs, less costs saved and sums recoverable elsewhere. We will provide a reasonable breakdown on request.

18.2 Appointments cancelled with less than 24 hours' notice may incur a reasonable charge reflecting the time reserved, travel and costs we cannot avoid. An emergency call-out may be chargeable once an engineer has been dispatched.

18.3 Either party may end the contract for a serious breach that is not remedied within a reasonable period after written notice, or immediately where the breach cannot be remedied, there is insolvency, unlawful conduct, abuse, threats, unsafe conditions or non-payment that justifies suspension.

18.4 On termination, you must pay for conforming goods supplied, work completed and reasonable unavoidable commitments up to the termination date, subject to consumer law. We will return any balance due after lawful deductions.

19.1 We may suspend work if payment is overdue, access is unavailable, the site is unsafe, asbestos or another hazard is suspected, required permissions are absent, or continuing would be unlawful or risk damage. We will explain the reason where practicable.

19.2 We may isolate or label unsafe equipment and recommend that it is not used. We will not knowingly leave our work in an unsafe condition, but we are not required to correct unrelated defects without agreement.

20.1 We will handle refrigerant and waste generated by our work as required by law where disposal is included. Removed items become ours for disposal unless otherwise agreed.

20.2 Disposal of asbestos, contaminated water, chemicals, building waste, customer waste or equipment not included in our scope is chargeable or remains your responsibility.

21.1 We may take site and equipment photographs and retain job records where reasonably necessary for design, evidence, safety, compliance, warranty and administration. We process personal data in accordance with our privacy notice.

21.2 We will not publish identifiable photographs of your property for marketing without permission. Consent for marketing use may be withdrawn for future use, but does not affect material already lawfully published or printed where withdrawal is not reasonably practicable.

22.1 Please raise any concern promptly with Appian Heat Pumps using the details in clause 25. Include the property address, invoice or quotation number, a clear description and relevant evidence. We will acknowledge the complaint and aim to investigate and respond within a reasonable time.

22.2 You must give us a reasonable opportunity to inspect and, where appropriate, put matters right before arranging third-party remedial work, except in a genuine emergency or where the law provides otherwise.

22.3 If a complaint cannot be resolved directly, the parties may agree to mediation or another appropriate alternative dispute-resolution process. Participation is not mandatory unless required by law or an applicable scheme, and this clause does not restrict court rights.

23.1 Notices and approvals may be sent by hand, post, email or message to the latest contact details supplied. Routine messages are treated as received when delivered; formal termination or legal notices should also be sent by email or post.

23.2 You must tell us promptly if your contact details change. We are not responsible for delay caused by incorrect or unmonitored details.

24.1 We may use suitably competent subcontractors and remain responsible for the work they perform under our contract. Neither party may transfer the contract without the other's written consent, except that we may assign the right to receive payment or transfer the contract as part of a genuine business transfer without reducing your rights.

24.2 No person other than the parties has a right to enforce the contract under the Contracts (Rights of Third Parties) Act 1999.

24.3 If any term is invalid or unenforceable, it will be adjusted or removed only to the minimum extent necessary; the remaining terms continue. A delay in enforcing a right is not a waiver.

24.4 These terms and the contract are governed by English law. Consumers may bring proceedings in the courts applicable under consumer law. For business customers, the courts of England and Wales have exclusive jurisdiction.

25.1 Appian Heat Pumps, 12 Appian Way, Chineham, Basingstoke, Hampshire, RG24 8BH.

25.2 Email: info@appianheatpumps.com. Telephone: 07481 552059 or 01256 672332. Website: www.appianheatpumps.com. VAT number: 476667534.