Terms and Condition
In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works were instructed to be carried out by ARA Services, and the “Company” means ARA Services or, wherever the case may be a representative of the company carrying out business pursuant entered into with the company. “Contract” means the agreement between the customer and the company to carry out the works of which these terms form a part and (where these terms are an agreement between the Customer and the company (“the Agreement”)) the Agreement, “Works” means the works described in the company quote issued by the company, as an agreement in writing between the parties.
Appointments
We have allocated an attendance slot time frame that the engineer can attend, this is due to the nature of the heating and plumbing industry, we cannot specifically predict the time taken on each project and this works best for our clients. We will always aim to attend as requested however we have to kindly remind that if we are handing an emergency, we have to legally make sure our customers are safe. You're more than welcome to contact the booking line for an update if needed.
Parking
It is the responsibility of the homeowner, tenant or agent to provide a parking permit or to register our van with the local authority for parking, wherever possible. This particularly applies where there are no pay and display parking bays within a reasonable distance (typically 100m) of the property. This is because it is very inconvenient and time consuming to have to walk to and from the van for parts or tools that might be needed and to keep checking on it for wardens. Therefore, we kindly request that our customers organise parking prior to us arriving, failure to do this means the parking charge will be added to the invoice. Our vehicle registration details are available upon request. Please note that we will in most cases try and establish parking arrangements before for this reason to alleviate that charge for our customers, but if we incur those they are added to the invoice.
Payments
Please note for all works we require a deposit of half to be settled before the appointment commences and the remaining once the appointment has been completed. Gas safety certificates, boiler service and diagnose and repair appointments are to be paid before the appointment. Payment must be received within 7 days otherwise we reserve the right to instruct debt collection agency and any further lack of action you will incur other fees associated. Payments after this time will be subject to a debt recovery terms. You will be provided account details on the invoice. Please note we can't just award deductions based on a clients request, we source time, professionals in order to facilitate these appointments. We provided a quote which was accepted, should you have any questions please let us know.
Recalls
Please note that we require full details before attending a recall and that the account balance should be cleared prior to a second appointment being booked, this is company policy. We require photos and videos if applicable to review so we can be fully informed. We review this free of charge to try and establish if this is covered by the recall terms and warranty however we cannot always gain that from the information sent and it is the customers responsibility to ensure there is a fault on request. We kindly ask our customers to be sure that there is a fault otherwise this is a chargeable appointment of a call out fee of £75.00 minimum however we do try to avoid this cost by reviewing where possible. We follow procedure for each one. We hope to diffuse as best possible.
Permission
If you are a tenant, you may need your landlord’s permission for an installation or repairs to be carried out. The company will assume such permission has been granted and shall have no liability for any loss or damage arising from failure to obtain such permission.
Cancellation Policy
Please be advised that cancellations made up to 48 hours before a scheduled appointment via text or phone call will be processed without a penalty. Cancellations made 24 hours or less before an appointment will be subject to a charge of either half of the service rate or at £40.00 minimum fee. This includes appointments where our service provider is unable to access the property, is turned away, or the client is unavailable. If ARA Services cancels an appointment with less than 48 hours notice, a new appointment will be scheduled without penalty to the client, subject to availability.
Customer Conduct and Communications Act 2003
Section 127 covers the improper use of public electronic communications network, including: 1. A person is guilty of an offence if she/he: * sends by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or * causes any such message or matter to be so sent. Anyone found guilty of an offence under this section can be fined, or imprisoned for up to six months. (Note that Section 127 replaces similar provisions in the Telecommunications Act 1984) We expect the ARA Services team to be treated respectfully and will not tolerate abusive behavior. Threatening behavior is defined as, but not limited to, threats of violence to members of staff or any other person which is, for example, sexist, racist or homophobic, including intimidating language, swearing and / or aggressive body language. No member of staff should be required or feel obliged to deal with any customer either face to face, over the phone or in correspondence, who is exhibiting threatening, abusive or violent behavior. In any of these circumstances a member of staff has the right to refuse to serve that customer and should refer the customer to their immediate supervisor who will be allocated. The customer will be given one warning in writing regarding their behavior and all calls from that point will be recorded for monitoring purposes. And please note other acts we find relevant for our customers to abide by: 3. The Protection from Harassment Act 1997. Makes it a criminal offence for a person to pursue a course of conduct which may cause harassment, alarm or distress to another person. 4. Malicious Communications Act 1988
This sets out offences relating to sending indecent, offensive or threatening letters, electronic communications or articles with the intention of causing distress or anxiety to those receiving them.
Defamation Act 2013
We reserve the right as a company with the following and if we choose to review your complaint and follow our protocols that it is transparent that we have complied with what we have agreed, and to serve a ‘take-down’ notice to remove the review by a specialist defamation firm. If you refuse, then as with the recent case of Summerfield Browne Ltd v Waymouth, we can commence legal proceedings for defamation upon proving financial harm to our business, such as a drop in enquiries. Which is the only desired outcome with a defamatory review, to cause a business harm which is rather unfortunate. We would seek to commence on both accounts should you not take this down within 24 hours. We respect honest reviews.
Goods
Title in the goods will not pass to the Buyer but shall be retained pending payment in full of the price. Until such time as title passes to the Buyer, the Seller shall have an absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them. The Seller shall also be entitled to seek an injunction to prevent the Buyer from selling, transferring or otherwise disposing of the goods.
Parts
Please note we are happy for you to supply your own parts like taps or showers as an example if preferred but please advise beforehand as materials will be sourced once booked in. If you choose to supply your own please liaise with the manufacturer to make sure this is suitable for the appointment as this is still a chargeable appointment and the workmanship warranty will be null and void if not suitable for the works conducted. Please note that if you are supplying the parts and request us to collect there is a charge of £25.00 that will be added the invoice.
Warranty
The company shall provide a free guarantee for the period of one year. This applies to workmanship only and not to parts (which typically come with a one year manufacturer’s warranty except from boilers. However, the above warranty is subject to the following conditions:
a) The fault is not due to your existing radiators and/or pipework, valves, pumps or boiler or other interlinking factors.b) The work carried out has not been properly kept, used, serviced and maintained in strict accordance with the manufacturers or the companies instructions and has not been modified except with the companies consent.c) The fault is not due to accidental or wilful damage, fair wear and tear, interference with or maintenance work by a third party.d) The customer makes no further use of works after the defect had been or ought to have been discovered.e) After delivery of any goods from the company, you will be responsible for their safe keeping and you should make sure that you are adequately insured against loss or damage which may occur to those goods.
Waste removal
We are not a waste removal company, we will always endeavour to do our best but it is the responsibility of the customer to do this. If you want those provisions to be made please advise beforehand. If we use the communal areas or rubbish facilities provided at the property please note that we deem this as part of the customers responsibility.
Complaints
Please note we can take up to 10 working days to respond to complaints, please send this to info@aragas.co.uk
Repairs and installations
We use fully qualified engineers who have the experience for the allocated works who will run the appropriate tests to confirm all is in working order. If there is a problem externally or another expertise is needed we kindly remind you that we are a heating and plumbing company, you will need to take the necessary steps to ensure that the allocated works have been given all needed to function fully on the appointment. We kindly ask our customers to take necessary actions to ensure there is a fault before a request, we have to remind you that this will be a chargeable appointment if not.
Please note if we are not advised of all works entailed and it comes to our attention on the job, there maybe further costs in line with industry standard fees for works to be completed. We ask for a detailed description and it is your responsibility to make us aware. Please note that if we come across unforeseen circumstances in complications this may also apply. If we are required to use further materials please note this is chargeable.
Where the company needs to connect new equipment to your existing plumbing or heating system, it will not accept liability for the cost of repairing or replacing parts of your existing system, which subsequently develops faults. In certain situations the company may charge for visits made to your home by the company’s engineer if your system is faulty or has developed a fault after the installation has been conducted. The company will not accept liability where you central heating system or existing plumbing does not function properly as an example because your water supply becomes inadequate or the water pressure becomes invariable.
We accept no responsibility for any existing installations that are present. This relates in particular but not only to any pipework, radiators and radiator valves, heating valves, pumps, shower pumps, electrical controls and/or bathroom/WC services that might be affected as a result of an a conversion from a tank fed system to a sealed system or from power flushing of pipework and radiators. This change to a higher pressure rated system and power flushing can cause leaks in components that ARA Services will not be liable for. Any cost of repairs for which ARA Services are not liable for will be charged in accordance with our standard company charges. If your system is excessively full of magnetite and sludge, a further power flush might be required at some point later (eg. 3 years). Further power flushes will be chargeable at our standard power flush rates as advised. Furthermore, if the buyer has requested that an existing appliance be re-installed or moved (eg. boiler), ARA Services accepts no liability for any internal leaks or malfunctions of this boiler, as a direct result of this installation.
The warranty for a boiler and or cylinder will be covered by the manufacturers as agreed in the quotation. The warranty only applies to the boiler. It does not apply to any existing parts of the system. All other works carried out by ARA Services (parts and labour) are guaranteed for 1 year. However, any existing components or pipework not changed are not included within this guarantee. Furthermore, all boilers need to be serviced annually to remain under warranty. If the warranty becomes void due to the appliance not being serviced, then ARA Services accept no responsibility for this. We will contact our clients to remind them to have it serviced where possible, but the responsibility of having it done stands with the customer.
The company accepts no liability for the removal of any carpets, linoleum and special types of flooring, e.g. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation or works, accept in circumstances where the company has been negligent. We expect access to be provided prior to attendance. We reviewed the works with the photos and/or description provided, if the customer fails to present the full extent of the works then the quote will have to be updated when attendance brings all to our attention. We reserve the right to add fees where fair and if the works are complex.
The company will take all reasonable care to carry out the installation or works. However, you accept that the installation or works including removing or destroying existing fixtures or fittings may cause damage to your decorations and fittings in your home. This provision does not exclude the company’s responsibility for damage, which is beyond which is reasonably commensurate with the installation or works. It is anticipated that certain areas in your home may need redecoration or cleaning following completion of the central heating installation or agreed works. This will be your responsibility and is not included in the price. 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. This agreement is personal to you and not transferable to without written authority from ARA Services.
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