Terms & conditions

Flow Product Limited’s terms and conditions for the supply of the Flow Boiler and Installation Services.

This page tells you information about us and the legal terms and conditions (Terms) on which we will sell our microCHP Flow Boiler (Boiler) and installation services (Installation Services) to you. These Terms together with any special terms agreed with you and set out in the Contract Particulars will apply to the contract between us for the sale of the Boiler and Installation Services to you (Contract). In the event of any conflict between the Contract Particulars and these Terms, the Contract Particulars shall prevail. Please read these Terms carefully and make sure that you understand them, before ordering the Boiler and Installation Services from us.  Please note that by ordering a Boiler and Installation Services from us, you agree to be bound by these Terms and the other documents expressly referred to in them.

You should keep a copy of these Terms (and the Contract Particulars) for future reference.

Flow Products Limited is a member of both the Renewable Energy Consumer Code (RECC) and the Microgeneration Certification Scheme (MCS).

 

The Renewable Energy Consumer Code

The aim of the RECC to guarantee a high quality experience for consumers wishing to buy or lease small-scale energy generation systems for their homes. The RECC is backed by the Trading Standards Institute (TSI) as part of a self-regulation initiative: the Consumer Codes Approval Scheme. Members of RECC agree to comply with the Code. See www.recc.org.uk for more information.

 

The Microgeneration Certification Scheme

MCS membership demonstrates compliance to industry standards that companies strive to meet. Membership highlights to consumers that companies are able to consistently install to the highest quality every time.

 

These Terms, and any Contract between us, are only in the English language.

1.   Definitions

1.1 When the following words with capital letters are used in these Terms and/or the Contract Particulars this is what they will mean:

(a)      Acceptance Tests : the acceptance tests to be carried out in accordance with clause 10;

(b)     Boiler : is the Flow microCHP domestic boiler product that we are selling to you;

(c)      Completion Date : is the date upon which the Acceptance Tests or the Repeat Acceptance Tests are completed;

(d)     Contract Particulars : are the particulars (in the form attached to these Terms) set out in the notification sent to you following our Survey detailing the Installation Services that we will carry out for you including the installation of the Boiler at the Installation Location and the Price and which form part of these Terms;

(e)      Energy Contract : is the Energy Contract  to be entered into between you and Flow Energy Limited (Company Number 07489062) for the supply of gas and eelectricity to you at the Installation Location;

(f)      Event Outside Our Control : as defined in clause 15;

(g)     FiTs : are the Feed-in Tariffs as defined in The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2011 as revoked and replaced by the Feed-in Tariffs Order 2012 (SI 2782);

(h)     Installation Location : is the address or premises set out in the Contract Particulars;

(i)      Installation Services : the installation of the Boiler and any additional services that we are providing to you in accordance with the Contract and as set out in the Contract Particulars;

(j)      Nominated Recipient : a nominated recipient of FiTs as defined in the Feed-in Tariffs Order 2012 No. 2782 ;

(k)     Order : your order for the Boiler and Installation Services;

(m)    Order Confirmation : is the email that we send to you as described in clause 7.4 confirming our acceptance that the Boiler and Installation Services have been ordered subject to these Terms and the Contract Particulars and forming the contract between us;

(n)     Preferred Date : is the preferred date for Flow to commence carrying out the Installation Services as set out in the Contract Particulars;

(o)     Price : is the price as set out in the Contract Particulars;

(p)     Repeat Acceptance Tests : are as defined in clause 10;

(q)     Survey : the survey and visual inspection carried out by us at the Installation Location to find out whether the Installation Location is suitable for the installation of the Boiler and the extent of the Installation Services required;

(r)      we, us, our : Flow Products Limited (registered number 05812745), whose registered office is at Castlefield House, Liverpool Road, Castlefield, Manchester, M3 4SB, and our successors and assigns.

2.   Information about us

2.1  We operate the website flowproducts.uk.com. We are Flow Products Limited, a company registered in England and Wales under company number 05812745 and with our registered office at Castlefield House, Liverpool Road, Castlefield, Manchester M3 4SB. Our main trading address is Felaw Maltings, 48 Felaw Street, Ipswich, IP2 8PN. Our VAT number is 806 6332 39.

2.2 If you have any questions or if you have any complaints please contact us. To contact us, please see our Contact Us page http://www.flowenergy.uk.com/help/. Our customer service team telephone number is 0800 0920202. Our Fax number is 01473 602682. Our email address is help@flowenergy.uk.com.

 2.3 We and Flow Energy Limited are each subsidiaries of Flowgroup plc (05819555) a company registered in England and Wales with registered office at Castlefield House, Liverpool Road, Castlefield, Manchester, M3 4SB. Flow Energy Limited is an appointed agent of Flowgroup plc for credit broking activities and is not a lender. Flowgroup plc is authorised and regulated by the Financial Conduct Authority as a limited scope credit broker with FCA registration number 629986. Flow Energy Limited a company registered in England and Wales with registered office at Felaw Maltings, 48 Felaw Street, Ipswich, IP2 8PN has been appointed by Flow Products Limited to manage and administer the sales processes for Flow Products Limited.

3. INSTALLATION SERVICES

3.1  The Installation Services to be provided by us under this Contract are as follows:-

(a)  the installation of the Boiler at the Installation Location and any other  additional services in accordance with the Contract Particulars subject to the provisions of the Contract;

(b)  we will supply the necessary supervisory personnel, skilled and unskilled  labour and hand tools for the performance of the Installation Services;=

(c)   we will carry out the Installation Services and endeavour to minimise disruption or inconvenience.

3.2  You and us will endeavour to agree a mutually convenient time frame when the Installation Services will be carried out. We will do what we can to complete the Installation Services within a proper and reasonable time and meet any dates and time frames as may be agreed by you and us. Where there are likely to be delays we will let you know as soon as possible and agree new time frames with you. The time it takes us to complete the work has no effect on the price agreed with you in the Contract Particulars.

3.3 Time will not be of the essence in respect of:-

(a)         for any times at which the Installation Services are to be performed, whether given or agreed to by us; or

(b)         for the length of time that the Installation Services are to take, whether specified in the Contract Particulars/ specification or otherwise; or

(c)         for the completion of the Installation Services or such other date agreed by you and us.

3.4        If we are unable to start or complete the Installation Services due to your request or your fault, or delay, or breach by you of the Contract, or lack of instructions or access or availability of mains gas, electricity or water you shall pay for the Boiler and for all losses, costs (including the cost of all labour and materials used whether in carrying out Installation Services or otherwise, damages, charges and expenses incurred by us) and for the Installation Services that have been provided and supplied up to the date that we cease to carry out work. This will not affect any of your legal rights as a consumer.

3.5        The price includes the removal of all non dangerous materials including your old boiler and any items (such as radiators) that are replaced. The price we have given you does not include the cost of removing dangerous materials, such as asbestos, that we could not reasonably identify when we carried out the Survey and prepared the Contract Particulars. You can call a specialist contractor to remove these materials or we may be able to arrange for their removal at an extra cost.

3.6        We will take care to carry out the Installation Services without causing damage to your property. If we cause damage because of our negligence we will put it right. Sometimes the work means we have to make cuts or holes  to allow access for installation of the Boiler (for example for pipework or wiring) and this can cause damage to things like inside and outside furnishings (for example wall coverings and paint).These will be made good but not permanently finished or re-decorated. We may ask you to lift carpets or take up all or some floor coverings so we can carry out the Installation Services. We will give you as much notice as possible if we need you to do this. Floor boards will be re-instated or replaced where necessary but special and/or laminated floors cannot be permanently re-fixed. It should be anticipated that an amount of re-decoration will be required and this will be your responsibility and is not included in the price. Similarly we cannot accept any liability for damage which is attributable to structural defect or weakness unless such damage results from negligence on our part.

4.               Your Obligations to us

4.1        You acknowledge that you will be required to allow us access to the Installation Location during normal working hours Monday to Friday and we may require access outside those hours to allow us to carry out the Installation Services. We will agree convenient times with you as set out in 3.2. We would expect free use of water, gas and electricity to enable us to complete the Installation services. You agree that you will not, in the period from the date the Survey is carried out to the date the Installation Services commence, permit or make any alterations to the heating or water system, or to the gas, water or electricity supplies to the Installation Location, nor change the access to the Installation Location or do anything else to make the Installation Services more difficult to carry out than as at the date of the Survey.

4.2        You will be responsible for obtaining any planning permission or consents required to carry out the Installation Services, including landlord’s consent if you are a tenant. We may need you to give us evidence that you have got this permission or consent.

4.3        You agree to pay for the Boiler and Installation Services as set out in these Terms and the Contract Particulars.

5.               Our Discount obligations to you and what you must do to obtain the Discount

5.1        You agree to enter into an Energy Contract at the same time as you purchase the Boiler, switching from your current energy provider.

5.2        You agree to appoint Flow Energy Limited as your Nominated Recipient and to assign to Flow Energy Limited all your rights to receive FiTs until the end of the finance/freedom 5-year period

5.3        If you comply with your obligations in 4.3, 5.1 and 5.2 we will procure that Flow Energy Limited provides you with a discount, by way of discount on your home energy bill charged to you under the Energy Contract, for each month that the Energy Contract is in force, up to a maximum of 60 months.

5.4        The obligation to procure that Flow Energy Limited gives you a rebate will cease to immediately if : (i) you terminate the Energy Contract or do not comply with your obligations under it or you switch your supplier of energy away from Flow Energy Limited; or (ii) you appoint another person or company as Nominated Recipient; or (iii) you fail to pay for the Boiler and Installation Services; or (iv) you move home; or (v) you replace the Boiler.

6.               How we use your personal information

This section explains how we use the information we collect about you, including sensitive information, when you buy a Boiler and Installation Services from us. We will tell you if we significantly change the information we ask for or the way we use it.

6.1        We and our agents may use your information to do any or all of  the following.

(a)    Provide you with the Installation Services you have asked us for and fulfil our obligations under the Contract;

(b)    Offer you accounts, services and products from time to time from us or our partners. To help us make these offers we may use an automated scoring system, which also uses information from credit-reference agencies as well as other companies;

(c)    Help run, and contact you about improving the way we run any accounts, services and products we have provided before, now or in the future;

(d)    Create statistics, test computer systems, analyse customer information create profiles and create marketing opportunities (including using information about what you buy from us and how you pay for it. for example, the amount of gas you use and any discounts we have offered you);

(e)    Help prevent and detect debt, fraud and loss;

(f)    Help us protect your and your household’s health, safety and security;

(g)    Help train our staff; and

(h)    Contact you in any way (including by e-mail, phone, text or multimedia message or other forms of electronic communications or by visiting you) about products and services we and our selected partners are offering.

6.2        We may also monitor and record any communications we have with you, including phone conversations and e-mails, to make sure we are providing a good service and meeting our regulatory and legal responsibilities and resolve any disputes.

6.3        When we contact you, we may use any information we hold about you to do so. We may contact you by e-mail, phone, text message, other forms of electronic communications or by visiting you. If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with how you have told us you would prefer to receive marketing information (your recorded marketing preferences). You can ask us not to send you any information on our offers at any time by contacting us and giving us your account details.

6.4        We may allow other people and organisations to use information we hold about you, (including other Flowgroup companies):

(a)     to provide services you have asked for, which may include providing information to members of your family or household, anyone acting on your behalf or other people who may be interested (such as landlords or letting agents);

(b)     to help to prevent and detect debt, fraud, or loss (for example by giving this information to a credit-reference agency), which is described in more detail in clause 5.5 below;

(c)         if you do not pay your debt, we may transfer your debt to another organisation and give them details about you and that debt;

(d)     if we have been asked to provide information for legal or regulatory purposes;

(e)     as part of current or future legal action;

(f)      as part of government data-sharing initiatives, for example, those designed to help stop fuel poverty (where people cannot afford to pay for heating and electricity); and

(g)     to help manage any loyalty or rewards schemes.

6.5        We may check your details with one or more credit-reference and fraud-prevention agencies to help us decide whether there is a risk that you may not pay your bills and also to help us make decisions about the goods and services we can offer you. Below, we have given a brief guide to how we, the credit-reference and fraud-prevention agencies will use your information. If you would like more information about this please contact us.

(a)     We may search at credit-reference and fraud-prevention agencies for information about you. If you give us false or inaccurate information and we suspect fraud, we will pass your details to credit-reference and fraud-prevention agencies. Law-enforcement agencies (such as the police and HM Revenue & Customs) may receive and use this information.

(b)     We and other organisations may also access and use information about you that credit-reference and fraud-prevention agencies give us to, for example:

  • check details on applications you make for credit and credit-related services;
  • check your identity;
  • prevent and detect fraud and money laundering;
  • manage credit and credit-related accounts or services;
  • recover debt; and
  • check details of employees and people applying for jobs with us.

(c)     When credit-reference agencies receive a search from us, they will record this on your credit file.

(d)     We will send information on your account to credit-reference agencies and they will record it. If you have an account with us, we will give details of it and how you manage it to credit-reference agencies. If you have an account and do not repay money you owe in full or on time, credit-reference agencies will record this debt. They may give this information to other organisations and fraud-prevention agencies to carry out similar checks, find out where you are and deal with any money you owe. The credit-reference agencies keep records for six years after your account has been closed, you have paid the debt or action has been taken against you to recover the debt.

(e)     We and other organisations may access and use, from other countries, information recorded by fraud-prevention agencies.

(f)      If you want to see what information credit-reference and fraud-prevention agencies hold about you, you can contact the following agencies currently working in the UK. The information they hold may not be the same, so it is worth contacting them all. They will charge you a small fee.

(g)           Call Credit
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Phone: 0870 060 1414
Website: www.callcredit.co.uk

(h)           Experian
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Phone: 0870 241 6212
Website: www.experian.co.uk

(i)            Equifax plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Phone: 0870 010 0583
Website: www.myequifax.co.uk

6.6        You are entitled to have a copy of the information we hold on you, and to have any inaccurate information corrected. We may charge you a small fee for providing a copy of any information we hold about you. For more information about this, please contact us.

7.                Your Rights

7.1        You may only use this site to buy a Flow Boiler and Installation Services if you are a consumer purchasing the Boiler for personal use in the home and you may only purchase from our site if you are at least 21years old.

7.2        As a consumer, you have legal rights in relation to any services not carried out with reasonable skill and care and in relation to products (including the Boiler) or materials that we use that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.               How the contract is formed between you and us

8.1        Our order process allows you to check and amend any errors before confirming you agree the content of the Contract Particulars and submitting your order to us. The Contract Particulars are valid for 30 days of our sending them to you. Please take the time to read and check your order at each page of the order process.

8.2        After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 8.3

8.3        We will confirm our acceptance to you by sending you an e-mail that confirms that the Boiler and Installation Services have been ordered subject to these Terms and the Contract Particulars  (Order Confirmation).  The Contract between us will only be formed when we send you the Order Confirmation.

8.4        If we are unable to supply you with a Boiler for any reason (other than by reason of your default or failure to obtain suitable finance) we will inform you of this by e-mail and we will not process your order. If you have already paid for the Boiler (or have paid any deposit) we will refund you the full amount as soon as possible.

9.               Your consumer rights of return and refund

9.1        If you are a consumer, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Boiler and do not want us to carry out the Installation Services, you can notify us of your decision to cancel the Contract and receive a refund. You will not have a right to cancel where you make a specific request for us to carry out urgent Installation Services and we do so. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2        Your legal right to cancel the Contract starts from the date of the Order Confirmation (the date upon which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which the Boiler is installed.

9.3        To cancel the Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. If you use this method we will e-mail you to confirm we have received your cancellation.

You can also e-mail us at help@flowenergy.uk.com or contact our Customer Services team by telephone on 0800 0920202 or by post to Felaw Maltings, 48 Felaw Street, Ipswich, IP2 8PN. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

9.4        If you cancel your Contract:

(a)         before the Boiler is installed and before the Installation Services have commenced we will refund you the price you paid for the Boiler and Installation Services if you have made payments in advance for the Boiler and Installation Services that have not been provided to you.

(b)         after the Boiler is installed we will refund you the amount you have paid for the Boiler less amounts we are entitled to deduct. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Boiler caused by the installation of the Boiler and your use of it following installation, rendering it second hand. We will not refund the cost of the Installation Services and will charge you for the removal of the Boiler which is likely to be no less than the charges for its installation. The costs of the removal of the Boiler will be invoiced to you and we will tell you what these costs are as soon as we are able to after you let us know that you have decided to cancel.

(c)         we will make any refunds due to you as soon as possible and in any event  14 days after you inform us of your decision to cancel the Contract.

9.5        If you cancel the Contract under clause 8.4 and we have already started work on the Installation Services by that time you will pay us any costs that we reasonably incurred in carrying out the Installation Services and this charge will be deducted from any refund that is due to you, or if no refund is due, invoiced to you. We will tell you what these costs are as soon as we are able to after you let us know that you have decided to cancel.

9.6        We will refund you on the credit card or debit card used by you to pay or where you have not used a debit or credit card by cheque made payable to you .

9.7        Because you are a consumer, we are under a legal duty to supply a Boiler and the Installation Services that are in conformity with this Contract.  As a consumer, you have legal rights in relation to any services not carried out with reasonable skill and care and in relation to products (including the Boiler) or materials that we use that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.8        For the avoidance of doubt if this Contract is cancelled you should be aware that if you have taken out a loan to finance the purchase of the Boiler and/or the Installation Services you will remain responsible to repay your lender any amounts due to it under those arrangements.

10.            Delivery

10.1      Your order will be fulfilled by the estimated installation date set out in the Contract Particulars, unless there is an Event Outside Our Control. If we are unable to meet the estimated installation date because of an Event Outside Our Control, we will contact you with a revised estimated installation date and agree it with you.

10.2      Delivery will take place at the Installation Location stated in the Contract Particulars. You will be deemed to have taken delivery of the Boiler on the date of the physical delivery of the Boiler to the Installation Location.

10.3      You will ensure that you will be available to provide access to us to deliver the Boiler and carry out the Installation Services on the estimated delivery date.

10.4      The Boiler will be your responsibility from the completion of delivery.

10.5      You will only own the Boiler once we have received payment in full as specified in the Contract Particulars.

11.            TESTING

11.1      You must inspect the Boiler and Installation Services upon completion of the        installation.

11.2      On completion of the Installation Services we will test the operation of the Boiler.

11.3      Certification by our  authorised contractor or employee that that the installation        and the Boiler has passed the Acceptance Tests will be proof of completion of   satisfactory Installation Services except in the case of manifest error.

11.4      If the Boiler fails the Acceptance Tests then we will as soon as reasonably practicable implement free of charge such alterations or modifications as we in the           circumstances reasonably consider necessary and in sufficient time to make possible the repetition of the Acceptance Tests (the “Repeat            Acceptance Tests”).

12.            Price of products [and delivery charges]

12.1      The prices of the Boiler and Installation Services will be as set out in the Contract Particulars.

12.2      The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect and accordingly we may have to charge more.

12.3      The price of the Boiler and Installation Services includes delivery charges.

12.4      If, after entering into this Contract, you want to change the work to be carried out you must consult with us. We may be able to incorporate the changes provided that: it is technically feasible; we have the required resources; and necessary permissions are in place. Any changes may mean that the costs you incur will need to be revised. We will let you know any revised costs before we agree to change the work to be carried out.

12.5      If we agree to the changes you must write to us agreeing to the changes including confirmation from you that you will agree to pay any agreed extra costs.

13.            How to pay

13.1                  You can only pay by bank transfer or cheque.

13.2      We may ask you to pay a deposit when you confirm your agreement to the Terms and Contract Particulars  of no more than 25% of the total price for the Boiler.

13.3      We may ask you to pay a further advance payment no more than three weeks before the agreed installation date. This advance payment, together with the deposit, will be no more than 60% of the total price for the Boiler and Installation Services.

13.4      We will place your deposit and advance payment in a special client bank account. This money can only be used for the work carried out under this Contract. If we should fall into receivership, administration or bankruptcy before the Boiler is installed this money will be returned to you.

13.5      The balance outstanding will become due for payment following satisfactory completion of the Installation Services when we will issue you with an invoice. We will be entitled to take the deposit and advanced payment monies from the special client bank account when we issue you with an invoice, in part settlement of the invoice. If the invoice is not paid by the due date then we may charge interest on any unpaid amount until it is paid in full.  Interest will be charged at rate of 5% per annum above the base rate of HSBC Bank PLC from the due date for payment until actual payment is made by you.

14.            Our warranty for the boiler

14.1      Subject to 14.2 below, we provide a warranty that on installation and for a period of 24 months from installation, the Boiler  and Installation Services shall be free from material defects. Under the warranty we will carry out a service of the Boiler 12 months after installation. However, this warranty does not apply in the circumstances described in clause 13.2.

14.2      The warranty in clause 14.1   does not apply to any defect in the Boiler  arising from:

(a)         wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(b)         if you fail to operate or use the Boiler in accordance with the user instructions; or

(c)         any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(d)         where you fail or refuse to allow us, or our contractors, access to the Installation Location to enable us to carry out the annual servicing of the Boiler.

14.3      As a consumer, this warranty is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15.            Our liability to you

15.1      If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by you and us at the time we entered into the Contract.

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

(a)         death or personal injury caused by our negligence;

(b)         fraud or fraudulent misrepresentation;

(c)         any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)         any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)         defective products under the Consumer Protection Act 1987.

16.            Events outside our control

16.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2

16.2      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or gas, electricity or water supply [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3      If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)         we will contact you as soon as reasonably possible to notify you; and

(b)         our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.            Communications between us

17.1      When we refer, in these Terms, to “in writing”, this will include e-mail.

17.2      If you are a consumer:

(a)         If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Flow Products Ltd at help@flowenergy.uk.com. You can always contact us using our Customer Services telephone line.

17.3      If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

18.            Other important terms

18.1      We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. [We will always notify you [in writing or] by posting on this webpage if this happens.]

18.2      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3      This contract is between you and us. No other person (other than our successors or assigns or members of the Flow group of companies from time to time) shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4      Each of the paragraphs of these Terms and the Contract Particulars operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5      If we fail to insist that you perform any of your obligations under these Terms or the Contract Particulars, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6      Please note that these Terms and the Contract Particulars are governed by English law. This means a Contract for the purchase of the Boiler and Installation Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.