Terms & conditions

1. Who we are

These terms apply to all work carried out by David C Osborne Ltd (company number 4119452, VAT number 530796338), trading as David Osborne Heating, of 2–4 Park Avenue, Deal, Kent CT14 9AL. Gas work is carried out by engineers on the Gas Safe Register under registration number 2836.

By asking us to carry out work, or by allowing our engineer to begin work, you agree to these terms.

2. Quotations and estimates

A quotation is a fixed price for clearly defined work, and is valid for 14 days from the date we issue it unless we say otherwise. An estimate is our best assessment of likely cost and is not fixed — the final charge will reflect the time and materials actually used.

After that period we may need to requote, as boiler and parts prices change. Quotations are based on the information available to us at the time and on the assumption that the system is in the condition described. If, once work begins, we find something that could not reasonably have been seen beforehand — for example concealed pipework, non-standard fittings, corrosion, or a fault unrelated to the work quoted — we will stop, explain the position, and agree any additional cost with you before continuing.

3. Our prices

Our current rates are published on our pricing page, which is the most up-to-date source. Labour for repairs, maintenance and plumbing is charged at £80 + VAT for the first hour (always chargeable) and £40 + VAT for each additional half hour or part thereof.

We answer the phone 24 hours a day, but we do not operate a guaranteed emergency call-out or out-of-hours cover service — we will always tell you honestly when we can get to you. Where we are able to attend outside normal working hours by prior arrangement, that time is charged at double the standard labour rate. Boiler installations and boiler services are carried out during normal working hours only.

Parts are charged in addition to labour unless the work is covered by a fixed-price quotation. Where we are able to obtain a part the same day, we will usually fit it on the visit and charge for it accordingly.

4. Payment

Unless we have agreed otherwise in writing, payment is due on completion of the work or within 7 days of the date of our invoice, whichever is the later.

If an invoice is not paid on time, we reserve the right to charge interest on the overdue balance at 8% per year above the Bank of England base rate, accruing daily from the date payment fell due until payment is received in full. This mirrors the rate set by Parliament for late commercial payments.

We may also recover the reasonable costs we actually incur in obtaining payment, including any debt recovery or court fees. We would always far rather have a conversation than send a reminder — if you are having difficulty paying, please call us and we will do our best to help.

On larger installations we may ask for a deposit or a staged payment before work begins. Any deposit is applied against the final invoice.

5. Ownership of parts and materials

All parts, materials and equipment supplied by us remain our property until they have been paid for in full. Risk in those items passes to you on installation. Where goods remain unpaid for, we reserve the right to recover them, and you agree to grant us reasonable access for that purpose.

6. Appointments, cancellations and missed visits

We ask for at least 24 hours' notice if you need to cancel or rearrange a booked appointment. Where less than 24 hours' notice is given, or where our engineer attends and cannot gain access, or the appointment is otherwise missed, we reserve the right to charge a non-attendance fee equal to our standard hourly rate.

We understand that genuine emergencies happen, and we will always apply this fairly and reasonably.

How to cancel or rearrange. So that there is never any doubt, please cancel or rearrange by telephoning the office on 01304 381999 during office hours, or by email to hello@davidosborneheating.com. We will confirm your booking, and any cancellation or change to it, in writing by email or text message. A message left with an engineer on site, or a missed call, is not a cancellation.

If you believe you cancelled an appointment and we have no record of it, please let us know and we will check. Where an appointment has not been cancelled through one of the routes above, we will treat it as live.

7. Parts ordered for cancelled work

Where parts or equipment have been ordered specifically for your job and the work is subsequently cancelled, a restocking charge of a minimum of 25% of the cost of those parts will apply. Where a supplier will not accept a return at all — which is common for made-to-order, special-order or bespoke items — the full cost of those parts remains payable.

We will always tell you what has been ordered and what it costs before you commit to work involving special-order parts.

8. Access, working conditions and delays

You agree to provide safe and reasonable access to the property and to the areas we need to work in, and to ensure that the working area is clear. Please make sure that a responsible adult aged 18 or over is present for the duration of the visit.

You are responsible for telling us in advance about anything that may affect the work or our safety — including asbestos, previous unauthorised alterations, structural issues, or the presence of pets that may need to be secured.

We may suspend or stop work where we reasonably consider conditions to be unsafe, where the gas or electrical supply is unsafe, or where continuing would breach Gas Safe requirements or building regulations. Where we do so, we will explain why and charge only for the work carried out and time spent to that point.

Where a delay is caused by circumstances outside our control — including supplier delays, extreme weather, traffic, or the discovery of pre-existing faults — we will keep you informed but cannot accept liability for that delay.

9. Existing systems and pre-existing faults

Heating and plumbing systems age. Working on an existing system can sometimes disturb components that were already at or near the end of their life — for example old valves, joints, radiators or pipework that begin to leak once the system is drained, refilled or repressurised.

We take reasonable care at all times, but we cannot accept responsibility for the failure of pre-existing parts of a system that were not part of the work we were asked to carry out, or for consequential damage arising from such failures. Where we identify a component we believe is at risk before starting, we will tell you.

We are not responsible for the performance of a system, or parts of it, that we did not install, or for faults arising from work previously carried out by others.

10. Damage to your property, and making good

We carry public liability insurance and we take our responsibilities seriously. If we damage your property through our negligence, we will put it right or meet the reasonable cost of doing so. A copy of our insurance details is available on request.

Please tell us straight away. Any damage must be reported to us within 7 days of the visit, so that we have a fair opportunity to inspect it while the cause can still be established. Please give us the chance to put things right before instructing anyone else — if a third party carries out repairs without giving us that opportunity, we may not be able to accept the cost.

Making good. Installation and repair work sometimes means lifting floorboards or floor coverings, cutting into boxing or panelling, drilling through walls, or removing sections of pipework. Where this is unavoidable we will discuss it with you first wherever possible, and we will leave the area safe and tidy. Our price does not include decorative making good — plastering, tiling, painting, carpet refitting or replacing damaged floor coverings — unless we have specifically quoted for it.

Before we arrive. Please move or protect furniture, floor coverings, ornaments and anything else of value near where we will be working, and clear access to lofts, cupboards and airing cupboards. We cannot accept responsibility for damage to items that were left in the working area, or for damage caused by moving items we were asked to move.

We are not responsible for damage that existed before we arrived, for damage caused by the failure of pre-existing parts of the system as described above, or for damage arising because we were not told about something relevant — such as concealed pipes or cables, asbestos, or previous unauthorised work.

11. Our workmanship and guarantees

Our workmanship is guaranteed for 12 months from the date of completion. Manufacturer warranties on parts and appliances are provided by the manufacturer and are subject to their own terms, which usually require the appliance to be serviced annually.

Our guarantee does not cover fair wear and tear, damage caused by misuse, accidental damage, system contamination or sludge, limescale, frozen or blocked condensate pipes, work carried out or altered by others, or failure to have the appliance serviced as the manufacturer requires.

Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015, which include the right to services carried out with reasonable care and skill.

12. Your right to cancel (consumers)

Where you are a consumer and the contract was entered into away from our business premises — for example in your home, by telephone or online — you generally have the right to cancel within 14 days of entering into the contract, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If you ask us to begin work during that 14-day period and then cancel, you remain liable for the value of the work carried out and the materials supplied up to the point of cancellation. Where you have asked us to attend urgently, we will explain this to you at the time.

To cancel, please contact us on 01304 381999 or at hello@davidosborneheating.com.

13. Limitation of our liability

We maintain public liability insurance and take responsibility for loss or damage caused by our negligence. Nothing in these terms limits or excludes our liability for death or personal injury caused by negligence, for fraud, or for anything else which cannot lawfully be limited.

Subject to that, our total liability in connection with any job is limited to the value of the work carried out, and we are not liable for indirect or consequential losses — for example loss of income, loss of profit, or the cost of alternative accommodation or heating.

We are not liable for damage to items that were already defective, nor for cosmetic disturbance that is unavoidable in carrying out the work — for example lifting floorboards, cutting into boxing, or making good around pipework. We will always discuss anything of this kind before proceeding where we can.

14. BOYLA HomeCare plans

HomeCare plans are governed by their own separate terms, which set out what is and is not covered, the inspection requirement, exclusions and the cancellation position. Please see the HomeCare terms and conditions.

15. Unsafe appliances and legal obligations

As Gas Safe registered engineers we are under legal duties that we cannot set aside at a customer's request. If we find an appliance that is Immediately Dangerous or At Risk, we are required to advise you, and with your permission to disconnect or cap it off. If you refuse permission we must report the appliance to the Gas Emergency Service or the relevant authority.

This is not optional and is not a matter of opinion. Our charge for attending and carrying out the safety check remains payable, and a condemned appliance is not grounds for a refund of the visit.

Where we recommend work that we consider necessary for safety or for the system to function properly — for example a power flush on a heavily contaminated system, or replacement of a failing component — and you decline it, we will note that on the paperwork. We cannot then guarantee the performance of the system, or accept responsibility for problems arising from the condition we identified.

16. Appointment times

We book morning or afternoon slots rather than exact times, because we cannot know in advance how long a preceding job will take. We aim to keep to the slot agreed and will contact you if we are running late.

Where a job takes longer than expected, or a genuine emergency arises for another customer, we may need to rearrange. We will always let you know as soon as we can, and we will not charge you for a visit we have moved.

17. Access charges, parking and permits

Where parking at or near the property is chargeable, or a permit or suspension is required, or the property is within a congestion or clean air charging zone, those costs are recoverable in addition to our charges. We will tell you if we expect this to apply.

Where specialist access equipment such as scaffolding or a tower is required and was not allowed for in the quotation, we will agree the cost with you before arranging it.

18. Waste and old appliances

We remove and dispose of the old appliance and normal installation waste as part of an installation, in line with our waste duty of care. We do not remove pre-existing rubbish, building waste from other trades, or items unrelated to our work.

Any parts or appliances we remove and dispose of become our property once removed, unless you ask to keep them at the time.

19. Behaviour towards our team

Our engineers and office staff are entitled to work without being subjected to abusive, threatening or discriminatory behaviour. Where that happens we reserve the right to stop work, leave the property immediately, and decline to carry out further work for that customer.

Where we withdraw for this reason, charges for work carried out and time spent to that point remain payable.

20. Landlords, agents and tenants

Where a visit is arranged by a landlord, letting agent or managing agent, that person or business is our customer and is responsible for payment, regardless of who is living at the property or who lets us in.

Where a tenant books work directly with us, the tenant is responsible for payment unless the landlord or agent has confirmed to us in writing that they will pay.

21. Matters outside our control

We are not liable for failure or delay in carrying out work caused by events beyond our reasonable control — including extreme weather, flooding, fire, epidemic, industrial action, supplier or manufacturer failure, shortage of materials, interruption to utilities, or the acts of third parties.

Where such an event occurs we will contact you to rearrange, and you will not be charged for a visit that could not go ahead for that reason.

22. Who carries out the work

We carry out work both with our own employed engineers and through subcontractors we know and trust. Where a subcontractor carries out work for us, they are appropriately qualified and — where the work requires it — Gas Safe registered in their own right, and they work to these same terms.

Your contract remains with us. Whoever attends, the work is our responsibility to you, we invoice you, and any guarantee or complaint is handled by us. Please do not pay a subcontractor directly, and please raise any concern with our office rather than with the individual on site.

Please come to us. Where you have met one of our engineers or subcontractors through work we arranged, please do not engage them directly for further work of the same kind for 12 months afterwards. It undercuts the business that introduced them and leaves you without the guarantee, insurance and complaints route you would have had through us.

These terms are between you and us. Nobody else has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999. You may not transfer your rights under these terms to anyone else without our written agreement.

23. Photographs of our work

We may photograph completed work for our records, for warranty purposes and occasionally for our website or social media. Photographs never identify your address or any personal details. If you would rather we did not use a photograph of work at your property, just tell the engineer or contact the office and we will not use it.

24. Complaints

If something is not right, please tell us as soon as possible — most issues are resolved quickly with a phone call. Contact us on 01304 381999 or at hello@davidosborneheating.com and we will look into it and respond.

25. Your information

We handle personal information in line with our privacy policy. We use your details to carry out the work, keep the required safety and warranty records, and contact you about your appointment or service reminders.

26. General

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute.

If any part of these terms is found to be unenforceable, the remainder continues to apply. Any variation to these terms must be agreed by us in writing.

We may update these terms from time to time. The version published on this page at the time your work is booked is the version that applies.