8.5.2 any improvements which are needed to your heating or plumbing system or electrical installation, including the cost of PowerFlushTM or any work needed to bring your system or installation up to current standards;;
8.5.3 getting to your system (materials and labour) – for example, pipes or wiring buried in walls or “built-in” appliances;;
8.5.4 any additional installation or other work that may be required as a result of faulty masonry or other issues that can only be identified after We have started to carry out the Services;;
8.5.5 removing any dangerous waste material, including asbestos;; or
8.5.6 repairing or replacing appliance flues unless specifically included in the Estimate.
8.6 Following Our work, you may need to do some redecorating. You will be responsible for this (and We will not pay for it) unless we have been negligent. If access has to be made, we will fill in any holes and leave the surface level but we will not necessarily replace the original surface or construction.
8.7 If the safety earthing arrangements in your property do not meet the standards set out in the current Institute of Electrical Engineers regulations, We will tell you what work is needed to correct any problem. Any work recommended to put things right is an extra cost.
2. Insurance of Goods and title
Title in the Goods will not pass to you until we have received full payment for them and for any associated Services. Until title to the Goods has passed to you, you will keep the Goods in satisfactory condition and keep them insured against all risks for their full price.
3. Our liability to you
10.1 We do not exclude or limit in any way Our liability for:
10.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;;
10.1.2 fraud or fraudulent misrepresentation;;
10.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);; and
10.1.4 defective products under the Consumer Protection Act 1987.
10.2 Subject to clause 10.1:
10.2.1 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Order;; and
10.2.2 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000.
10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.4 This clause 10 shall survive termination of Our Agreement with you.
4. Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond Our reasonable control.
11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
11.3.1 we will contact you as soon as reasonably possible to notify you;; and
11.3.2 our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
5. Your rights to cancel and applicable refund
12.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods and/or Services:
12.1.1 you may cancel any Order for Goods and/or Services at any time before the start date for the Services by contacting Us. We will confirm your cancellation in writing to you;;
12.1.2 if you cancel an Order under clause 12.1.1 and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;; and
12.1.3 however, if you cancel an Order for Goods and/or Services under clause 12.1.1 and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
12.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
12.2.1 we break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;; and
12.2.2 we go into liquidation or a receiver or an administrator is appointed over Our assets.
6. Our rights to cancel and applicable refund
13.1 If We have to cancel an Order for Goods and/or Services before the Services start or the Goods are delivered:
13.1.1 we may have to cancel an Order before the start date for the Services due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens;;
13.1.2 if We have to cancel an Order under clause 13.1.1 and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;; and
13.1.3 where We have already started work on your Order for Services by the time We have to cancel under clause 13.1.1, We will not charge you anything and you will not have to make any payment to Us.