North East EcoHeat Ltd – Terms of Trading

Effective date: 11 August 2026

North East EcoHeat Ltd
Company Number: SC817227
Registered Office: Hayhillock Farmhouse, Hayhillock, Ellon, Aberdeenshire, AB41 8DH
Email: info@northeastecoheat.com
Website: www.northeastecoheat.com

These Terms of Trading apply to plumbing, heating and associated services provided by North East EcoHeat Ltd (“we”, “us”, “our” or “the Company”) throughout Scotland.

They apply to both domestic consumers and business customers. Where the law gives a consumer rights that cannot legally be excluded, restricted or altered, those statutory rights take priority over these Terms.

1. Definitions

For these Terms:

Customer means the person, company or organisation instructing us to carry out work.

Consumer means an individual acting wholly or mainly for purposes outside their trade, business, craft or profession.

Business Customer means any Customer who is not acting as a Consumer.

Quotation means our written offer describing the work, price and any job-specific conditions.

Works means the plumbing, heating, repair, installation, diagnostic or associated work we have agreed to undertake.

Goods includes boilers, cylinders, radiators, pumps, controls, valves, fittings, pipework, appliances, components and other materials supplied by us.

2. Application of These Terms

These Terms apply to all work undertaken by North East EcoHeat Ltd unless different terms are expressly agreed by us in writing.

Our quotation, these Terms and any subsequently agreed written variations together form the contract.

Where there is a direct conflict between these Terms and a specific provision contained in a quotation, the specific provision in the quotation will normally take precedence.

The Customer will be provided with or given access to these Terms before entering into a contract.

Written acceptance of our quotation confirms acceptance of these Terms where the quotation or accompanying correspondence provides the Customer with these Terms or a clear link to them.

3. Quotations

We issue quotations rather than estimates.

Unless the quotation expressly states otherwise, a quotation remains valid for 30 days from its date of issue.

A quotation is based upon:

• the information supplied by the Customer;
• conditions visible and reasonably accessible at the time of inspection;
• the work described in the quotation; and
• the prices and availability reasonably known to us when the quotation is prepared.

A quotation does not include hidden defects, concealed services, inaccessible components or circumstances which could not reasonably have been identified before work commenced.

We may correct genuine clerical, typographical or arithmetic errors in a quotation. Where such an error is identified after acceptance, we will notify the Customer promptly and will not simply impose a materially different price without agreement where doing so would be unlawful or unfair.

4. Formation of the Contract

For quoted work, a binding contract will normally arise only when:

1. the Customer has accepted the quotation in writing, normally by email; and
2. the required deposit has cleared into our bank account.

For emergency or unquoted call-out work, the contract is formed when the Customer requests or agrees to our attendance having been informed, where reasonably practicable, of the applicable charging basis.

5. Deposits

Unless otherwise stated in the quotation, a deposit of 25% of the quoted contract price is payable when the quotation is accepted.

The deposit forms part of the total contract price and is deducted from the final balance.

We may require a deposit greater than 25% where a job involves particularly expensive, bespoke, custom-made or specially ordered equipment. Any higher deposit will be clearly stated in the quotation before the Customer accepts it.

Materials and equipment will normally not be ordered until the required deposit has cleared.

A deposit is not automatically non-refundable. Any refund or deduction following cancellation will be determined by these Terms, the work and expenditure already committed and, for Consumers, any applicable statutory cancellation rights.

6. Payment

Unless otherwise stated in writing:

• the required deposit is payable on acceptance;
• the remaining balance is payable immediately upon substantial completion of the Works; and
• payment must be made by bank transfer only.

The Customer must use the payment reference shown on the quotation or invoice wherever requested.

“Substantial completion” means that the essential contracted work has been completed and the system or installation is capable of its intended use, notwithstanding minor snagging or finishing items which do not materially prevent its use.

Minor snagging items do not entitle a Customer to withhold the whole contract balance.

Nothing in this clause prevents a Customer from raising a genuine dispute or, where legally entitled, withholding a reasonable amount relating to genuinely defective or incomplete work.

7. VAT

At the date of these Terms, North East EcoHeat Ltd is not VAT registered, and VAT is therefore not added to our charges.

If our VAT status changes, any VAT applicable to future contracts will be clearly identified in the relevant quotation before the Customer enters into that contract.

8. Changes and Additional Work

Work requested or required outside the original quotation is a variation.

Except where immediate work is reasonably required to prevent danger, serious damage or deterioration, additional work will not be charged without the Customer's written approval by email or text message.

Where additional work is discovered to be necessary, we will explain the reason for it and, where reasonably possible, provide the additional price or charging basis before proceeding.

Written approval of a variation forms part of the contract.

9. Hidden and Pre-Existing Conditions

Our quotations are based on what can reasonably be seen, inspected or established beforehand.

Examples of conditions which may result in additional work include:

• corroded or rotten pipework;
• seized or inaccessible valves;
• concealed leaks;
• defective wiring;
• unsuitable electrical supplies;
• defective drains;
• unsafe flues;
• inaccessible components;
• sludge or contaminated system water;
• undocumented previous alterations;
• structural defects;
• asbestos or other hazardous materials; and
• components which fail when reasonably disturbed, drained, refilled or repressurised.

Where such matters could not reasonably have been identified beforehand, necessary additional work is outside the original quotation unless the quotation specifically includes it.

10. Existing Systems and Services

As part of our work, North East EcoHeat Ltd will make a reasonable assessment of the suitability of existing pipework, electrical supplies, flues, drains and other services relevant to the proposed installation.

Our assessment is limited to what can reasonably be inspected or tested without destructive investigation unless such investigation has been specifically agreed.

We are not responsible for hidden defects which could not reasonably have been discovered during an appropriate inspection.

If an existing installation is found to be unsafe, defective or non-compliant, we may refuse to reconnect, energise, operate or commission it until the relevant problem has been rectified.

Any remedial work outside the original quotation will require the Customer's approval, except where immediate action is reasonably necessary to make the property or installation safe.

11. Old, Fragile or Deteriorated Systems

Existing plumbing and heating systems may contain aged, corroded, seized, weakened or fragile components.

Reasonable work such as draining, refilling, pressurising, operating valves, disconnecting fittings or disturbing pipework can reveal or cause an already deteriorated component to fail.

North East EcoHeat Ltd will not be responsible for the failure of an existing component where the failure arises principally from its pre-existing condition and we have exercised reasonable care and skill.

This does not exclude responsibility for damage caused by our negligence or defective workmanship.

12. Price Increases After Acceptance

We do not reserve an unrestricted right to increase an agreed quotation.

However, where an exceptional supplier or manufacturer price increase occurs after acceptance for reasons outside our reasonable control, we may propose a corresponding variation.

We will:

1. notify the Customer promptly;
2. explain the reason for the increase;
3. identify the proposed additional cost; and
4. obtain the Customer's written agreement before proceeding on the revised basis.

If the Customer does not agree, we will discuss reasonable alternatives, including an alternative product or cancellation of the affected part of the Works where appropriate.

13. Product Availability and Substitution

Products specified in a quotation are subject to supplier and manufacturer availability.

If a specified item becomes unavailable, obsolete or subject to unreasonable delay, we may propose a reasonably equivalent alternative.

We will not substitute a materially different product without the Customer's written approval.

Any material difference in price will also be agreed in writing.

14. Call-Out and Diagnostic Charges

For call-outs during our normal working hours, our standard charge is:

£85, which includes attendance and up to the first hour on site.

Thereafter, labour is charged at:

£50 per hour, pro rata for the actual additional time spent on site.

Materials are additional.

The initial £85 charge remains payable where we attend and diagnose a fault but the Customer subsequently decides not to proceed with the repair.

15. Normal Working Hours

Our normal working hours for charging purposes are:

9:00am to 5:00pm, Monday to Friday.

Emergency or unplanned work undertaken outside these hours is treated as out-of-hours work.

Pre-arranged weekend work may instead be carried out at the price specifically agreed in a quotation.

16. Out-of-Hours and Emergency Work

Emergency or unplanned out-of-hours call-outs are charged at:

£105, including the first hour on site.

Thereafter:

£70 per hour, pro rata for the actual additional time spent on site.

Materials are additional.

These rates apply to emergency or unplanned attendance outside normal working hours, including evenings, weekends and public holidays.

Where reasonably practicable, the charging basis will be communicated before attendance.

17. Travel Time and Expenses

Ordinary travel time to and from a call-out is not charged as labour time.

However, reasonable exceptional costs incurred specifically in connection with a job may be charged where applicable, including:

• parking charges;
• ferry costs;
• tolls;
• congestion or low-emission charges; and
• other unusual travel expenses.

Where reasonably foreseeable, these will be disclosed in advance.

18. Material Charges

For call-outs and additional work charged on a time-and-materials basis, materials are normally charged at our trade purchase price plus 20%.

This margin contributes towards sourcing, procurement, handling, administration and the commercial cost of supplying the materials.

19. Off-Site Diagnostic and Technical Time

Some faults require work away from the Customer's premises, including:

• technical research;
• examination of manufacturer information;
• contacting technical support;
• sourcing obsolete or specialist components;
• reviewing technical data; and
• planning a diagnostic or repair approach.

Reasonable off-site diagnostic or technical time necessary to progress the job may be charged at £50 per hour pro rata.

Where significant off-site investigation is anticipated, we will seek to make the Customer aware before substantial chargeable time is incurred.

20. Diagnostic Replacement of Components

Fault-finding is sometimes a process of elimination.

Where a competent diagnostic process reasonably requires a component to be replaced, the Customer remains responsible for the reasonable cost of that component and associated labour even where further investigation subsequently establishes that another fault was also present or was the principal cause.

This clause does not permit unnecessary or unreasonable replacement of components.

21. Customer-Supplied Products

We may agree to install parts, appliances or equipment supplied by the Customer.

We may refuse to install any Customer-supplied item which we reasonably believe to be:

• unsafe;
• damaged;
• counterfeit;
• unsuitable;
• incorrectly specified;
• incomplete;
• incompatible with the installation; or
• otherwise inappropriate.

Where the Customer supplies the product, North East EcoHeat Ltd does not provide a product warranty for that item.

Our responsibility and 12-month workmanship guarantee relate to the quality of our installation work.

We are not responsible for defects, missing components, inherent faults, incompatibility or manufacturer warranty issues relating to a product which the Customer supplied, except to the extent that we have independently caused loss through our own breach or negligence.

22. Goods Supplied by Us and Manufacturer Warranties

Where we supply equipment, any applicable manufacturer warranty is subject to the manufacturer's terms, registration requirements, servicing requirements and exclusions.

Manufacturer warranties are additional to, and do not replace, any statutory rights a Consumer may have against North East EcoHeat Ltd.

Where a property is sold, transferability of a manufacturer's warranty is determined by the manufacturer and cannot be guaranteed by North East EcoHeat Ltd.

23. Ownership of Goods – Retention of Title

To the fullest extent permitted by Scots law, ownership of identifiable goods and materials supplied by North East EcoHeat Ltd which have not yet been permanently incorporated into the property remains with North East EcoHeat Ltd until the sums due for those goods under the relevant contract have been paid in full.

Until ownership passes, the Customer must not knowingly:

• sell the goods;
• dispose of them;
• pledge or charge them;
• remove identifying marks; or
• otherwise deal with them in a manner inconsistent with our ownership.

Business Customers must take reasonable steps to keep identifiable unpaid goods safe and, where appropriate, adequately insured.

Where lawful and reasonably practicable, we may seek the return of identifiable, uninstalled goods following non-payment.

Nothing in these Terms gives North East EcoHeat Ltd an unrestricted right to enter private premises or remove goods without consent or other lawful authority.

24. Installed Goods and Scots Property Law

The legal position may change where goods or materials become permanently incorporated into land or a building.

These Terms do not claim a right which Scots property law does not permit.

Where equipment or materials have become incorporated into the property, any retention-of-title rights will apply only to the extent recognised by Scots law.

Regardless of whether ownership in an installed item has passed or been affected by its incorporation into the property, the Customer's contractual obligation to pay the sums properly due remains unaffected.

25. Risk of Loss or Damage to Goods

For Consumers, risk in goods will pass in accordance with applicable consumer law.

For Business Customers, unless otherwise agreed in writing, risk of loss of or damage to goods passes when the goods are delivered to the Customer's premises or other agreed site.

Transfer of risk does not necessarily mean that legal ownership has transferred.

26. Customer Cancellation

A Customer wishing to cancel should notify us as soon as possible at:

info@northeastecoheat.com

For Business Customers and for contracts where no statutory consumer cancellation right applies, the Customer remains responsible for reasonable losses and committed costs caused by cancellation, including where applicable:

• work already carried out;
• materials already purchased;
• non-returnable materials;
• genuine supplier cancellation charges;
• delivery charges;
• restocking charges; and
• other reasonable costs directly caused by the cancellation.

Any amount retained must reflect legitimate loss or cost and is not intended to operate as a penalty.

Consumer statutory cancellation rights take priority where they apply.

27. Consumer Cancellation Rights

Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or other applicable consumer legislation gives a Consumer a statutory right to cancel, that right is not restricted by these Terms.

For qualifying distance or off-premises contracts, a statutory cancellation period will normally apply.

For a service contract, this will normally be 14 days from the day after the contract is entered into. Different statutory rules may apply to contracts involving the supply of goods.

We will provide the legally required cancellation information where the statutory cancellation regime applies.

A Consumer may cancel by making a clear statement to us, including by email to:

info@northeastecoheat.com

The model cancellation form at the end of these Terms may also be used, although its use is not compulsory.

28. Starting Work During a Consumer Cancellation Period

Where a statutory cancellation period applies and a Consumer wants us to start providing services before it has expired, we require an express request from the Consumer.

For example:

“I expressly request North East EcoHeat Ltd to begin providing the agreed services before the end of any applicable 14-day cancellation period.”

Where legally required, we may also ask the Consumer to acknowledge that, once the service has been fully performed following their express request, the statutory right to cancel that service may be lost.

Where the Consumer lawfully cancels after requesting that work start during the cancellation period, the Consumer may be required to pay a proportionate amount for services properly supplied up to cancellation, but only where the law permits us to make that charge.

29. Urgent Repairs

Statutory cancellation rules contain specific provisions for a Consumer who specifically requests a visit for urgent repairs or maintenance.

Where the legal urgent-repair exception applies, the ordinary cooling-off right may not apply to the urgent work specifically requested.

Any additional goods or services supplied beyond what is necessary to deal with the requested urgent repair will remain subject to any statutory rights which continue to apply.

30. Specially Ordered and Bespoke Goods

Where products are genuinely made to the Customer's specification or clearly personalised, statutory cancellation rights may be restricted where the law provides for this.

The fact that a standard product has merely been specially ordered from our supplier does not by itself remove a Consumer's statutory cancellation rights.

Where no statutory cancellation right applies, the Customer may be responsible for reasonable non-returnable supplier costs, delivery charges and restocking charges resulting from cancellation.

Faulty goods remain subject to applicable statutory rights.

31. Customer Postponement

Where a Customer postpones work after materials have been purchased or ordered, we may recover reasonable costs actually incurred as a result, including:

• storage;
• re-delivery;
• supplier cancellation charges;
• restocking charges; and
• other committed costs.

We may invoice for materials already purchased or specially ordered where a Customer postpones the installation for an extended period.

If a Customer postpones a job for 90 days or more, or repeatedly postpones agreed dates, we may on reasonable notice cancel the existing booking.

Any future work may then require a new quotation at the prices applying at that time.

Any deposit will be accounted for fairly, taking into account amounts lawfully due and genuine committed costs.

32. Cancellation or Suspension by Us

We may reasonably suspend or cancel work where:

• the Customer fails to make a payment when due;
• safe access is not available;
• the Customer or another person at the premises behaves abusively, threateningly or dangerously;
• continued work would be unsafe or unlawful;
• asbestos or another hazardous material is discovered or suspected;
• essential materials become genuinely unavailable;
• the proposed work becomes impracticable for reasons outside our reasonable control;
• the Customer repeatedly obstructs performance of the contract; or
• another serious circumstance outside our reasonable control prevents performance.

Where we cancel work through no fault of the Customer, sums paid for work or goods which will not be supplied will be refunded as required by law.

Where cancellation results from the Customer's breach, we may recover amounts properly due for work carried out, goods supplied and reasonable losses resulting from that breach.

33. Overdue Payments and Suspension of Work

Where an amount becomes overdue, North East EcoHeat Ltd may, after taking reasonable account of the circumstances:

• suspend further work;
• postpone further attendance;
• stop ordering additional materials;
• withhold further supply of goods where legally permitted; and
• decline to undertake additional or new work.

Suspension does not remove the Customer's obligation to pay properly due sums.

We may also refuse new work for a Customer who has an overdue balance from a previous job.

This does not remove any separate legal obligation we may have to investigate or rectify a valid defect relating to previous work.

34. Late Payment – Business Customers

For Business Customers, where payment is late we reserve all rights available under the Late Payment of Commercial Debts (Interest) Act 1998 and associated legislation.

This may include statutory interest at the applicable statutory rate and statutory debt-recovery compensation.

At the date of these Terms, statutory commercial late-payment interest is calculated at 8 percentage points above the applicable Bank of England base rate, together with statutory fixed compensation determined by the amount of the qualifying debt.

We may also claim additional reasonable recovery costs where legislation permits.

If the statutory regime changes, the legislation in force at the relevant time will apply.

35. Late Payment – Consumers

For Consumer debts, we may seek reasonable interest, recovery expenses, court expenses and other sums only to the extent that they are fair and legally recoverable.

We will not impose a disproportionate late-payment charge or penalty on a Consumer.

36. Access and Working Conditions

The Customer must provide:

• safe and reasonable access to the property;
• reasonable access to the relevant system and equipment;
• adequate working space;
• normal electricity and water supplies where reasonably required; and
• any other ordinary facilities reasonably necessary to perform the Works.

The Customer must not knowingly expose us to an undisclosed hazard.

37. Missed Appointments and Access

The Customer should provide at least 24 hours' notice if they need to cancel or rearrange an ordinary appointment.

Where less than 24 hours' notice is provided, or we attend and cannot obtain the agreed access, we may charge a reasonable cancellation, call-out or wasted-visit charge reflecting the cost and loss actually incurred.

We will take reasonable account of genuine emergencies or circumstances outside the Customer's control.

38. Customer Obligations and Authority

The Customer confirms that they either:

• own the property; or
• have sufficient authority from the owner or other responsible party to instruct the Works.

The Customer is responsible for obtaining any necessary:

• landlord permission;
• property-owner approval;
• planning permission;
• listed-building consent; or
• other property-related consent,

unless our quotation expressly states that North East EcoHeat Ltd will obtain it.

39. Information the Customer Must Disclose

The Customer must tell us about relevant matters of which they are aware, including:

• known leaks;
• defective systems;
• asbestos or other hazardous materials;
• hidden or unusual services;
• previous alterations;
• fragile finishes;
• access restrictions; and
• other circumstances reasonably likely to affect the Works or safety.

This obligation does not remove our responsibility to make reasonable checks of our own.

40. Furniture, Possessions and Work Areas

The Customer should remove or adequately protect furniture, valuables, ornaments, electronic equipment and other possessions from areas where work is to be carried out.

We will take reasonable care when working.

We are not responsible for damage to items unnecessarily left within an active working area unless the loss or damage was caused by our negligence or breach.

41. Opening-Up and Making Good

Plumbing and heating work may require access through floors, walls, ceilings, boxing, cupboards, tiles or other finishes.

Unless expressly included in the quotation, our price does not include:

• plastering;
• painting;
• decorating;
• joinery;
• tiling;
• replacement flooring;
• specialist finishing work; or
• other making-good work outside ordinary plumbing/heating reinstatement.

Where practical, we will take reasonable care to minimise disturbance.

42. Temporary Loss of Services

Work may require water, heating, hot water, electricity or other services to be isolated, drained or temporarily unavailable.

The Customer accepts that reasonable temporary interruption may be necessary while the Works are performed.

We will restore relevant services as soon as reasonably practicable once it is safe and technically appropriate to do so.

43. Hazardous Materials and Asbestos

If we discover or reasonably suspect asbestos or another hazardous material, we may stop work immediately.

Work will not resume until we are reasonably satisfied that the area has been appropriately assessed and, where required, made safe by a competent specialist.

Where the hazard is pre-existing and outside our control, the Customer is responsible for arranging and paying for any necessary specialist assessment, removal or remediation unless otherwise agreed.

Additional costs or delay caused by the hazard may be charged where legally appropriate.

44. System Water, Cleansing and Treatment

Where appropriate, we may recommend:

• system cleansing;
• flushing;
• corrosion inhibitor;
• magnetic or other filtration;
• water treatment; or
• other measures intended to protect the installation.

If the Customer declines a recommendation, the Customer accepts that this may increase the risk of sludge, corrosion, contamination or component failure.

Our workmanship guarantee does not cover a fault to the extent that we can reasonably demonstrate that it was caused by system contamination, corrosion or inadequate water treatment which the Customer chose not to address despite our recommendation.

This exclusion does not cover unrelated defective workmanship.

45. Servicing and Maintenance

The Customer is responsible for arranging reasonable routine servicing and maintenance required for installed equipment.

Failure to follow manufacturer servicing or maintenance requirements may affect a manufacturer's warranty.

Our workmanship guarantee may also exclude a fault to the extent that it is genuinely caused by a failure to maintain the system appropriately.

Lack of maintenance does not excuse defective installation work.

46. Removed Equipment and Materials

Unless the Customer tells us before work starts that they wish to retain them, equipment and materials removed by us as part of the Works may be taken away by North East EcoHeat Ltd for lawful disposal, recycling or recovery.

This may include:

• old boilers;
• cylinders;
• radiators;
• pumps;
• valves;
• pipework;
• fittings; and
• scrap metal.

Once removed with the Customer's agreement for disposal or recycling, those materials become the property of North East EcoHeat Ltd to the extent permitted by law.

47. Delays Outside Our Control

Start dates, durations and completion dates are estimates unless we expressly agree a fixed deadline in writing.

We will make reasonable efforts to meet estimated dates.

We are not responsible for reasonable delay caused by circumstances outside our reasonable control, including:

• supplier or manufacturer delay;
• shortages or unavailability of parts;
• severe weather;
• utility interruption;
• inaccessible premises;
• hidden defects;
• hazardous materials;
• acts or omissions of the Customer;
• delays caused by other contractors;
• transport disruption; or
• other comparable events.

We will seek to keep the Customer reasonably informed where a material delay occurs.

Nothing in this clause removes a Consumer's statutory rights concerning performance within an agreed or reasonable time.

48. Workmanship Guarantee

We provide a 12-month workmanship guarantee, beginning on the date of substantial completion.

The guarantee covers defects caused by our workmanship.

It does not cover faults caused by matters outside our workmanship, including:

• misuse;
• accidental damage;
• freezing;
• lack of servicing or maintenance;
• sludge or contaminated system water;
• corrosion unrelated to our work;
• customer interference;
• alteration by another contractor;
• defects in Customer-supplied products;
• manufacturer's product defects;
• pre-existing defects; or
• another cause outside our reasonable control.

This contractual guarantee is additional to, and does not reduce, any statutory rights a Consumer may have.

49. Transfer of Our Workmanship Guarantee

Our remaining 12-month workmanship guarantee may transfer to a subsequent owner of the property.

The new owner must be able to provide reasonable evidence identifying the original work, such as the invoice, job reference or installation details.

The guarantee does not restart when the property is sold. It expires 12 months after the original completion date.

Manufacturer warranties are governed separately by the relevant manufacturer's rules.

50. Reporting Warranty Faults

Any alleged workmanship defect should be reported to us as soon as reasonably practicable after it is discovered and, for the purposes of our contractual guarantee, within the 12-month guarantee period.

Customers must give us reasonable access to inspect the alleged defect and, where appropriate, carry out remedial work.

This reporting requirement does not extinguish statutory rights which continue beyond the contractual guarantee period.

51. Warranty Call-Outs

Where we attend a reported warranty problem and establish that the problem was caused by our workmanship, we will not charge a diagnostic call-out fee for rectifying that workmanship defect.

If investigation establishes that the problem is unrelated to our workmanship, our normal call-out, labour and materials charges may apply.

We will explain our findings where reasonably practicable.

52. Our Opportunity to Inspect and Rectify

Where a Customer believes our work is defective, they should notify us promptly and give North East EcoHeat Ltd a reasonable opportunity to inspect and, where appropriate, rectify the problem before instructing another contractor.

This does not apply where urgent action by another competent person is reasonably necessary to prevent danger, substantial damage or serious deterioration.

Nothing in this clause removes a Consumer's statutory remedies.

53. Equivalent Warranty Parts

Where an original component is obsolete or unavailable, we may use a reasonably equivalent replacement when carrying out warranty work.

Any substitute will be selected with regard to compatibility, specification, safety and performance and will not knowingly provide a materially inferior solution.

54. Pre-Existing Leaks and Consequential Damage

We are not responsible for loss or damage principally resulting from a pre-existing leak or defect which could not reasonably have been identified before or during the relevant work.

This exclusion does not apply where the loss was caused or materially worsened by our negligence, breach of contract or failure to exercise reasonable care and skill.

55. Customer Duty to Limit Damage

If the Customer becomes aware of a leak, fault or unsafe condition following our work, they must:

• notify us as soon as reasonably practicable; and
• take reasonable steps to avoid unnecessary further loss or damage where safe to do so.

A Customer should not knowingly continue operating equipment where doing so is obviously unsafe or likely to cause further damage.

This clause does not transfer responsibility to the Customer for an underlying defect caused by our work.

56. Photographs and Job Records

We may take reasonable photographs before, during and after the Works for legitimate operational purposes including:

• documenting existing conditions;
• recording completed work;
• technical records;
• warranty administration;
• evidence of defects;
• health and safety records; and
• resolving disputes.

We will handle photographs containing personal information in accordance with applicable data-protection law and our privacy arrangements.

57. Marketing Photographs

We may use photographs of our workmanship on our website, social-media pages or other marketing where the image does not reasonably identify the Customer or disclose identifying personal information.

Where a person, address or other identifying feature would be shown, we will obtain appropriate permission before using the image for marketing.

58. Liability – Consumers

Nothing in these Terms excludes or restricts liability where doing so would be unlawful.

In particular, nothing excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or other liability which cannot legally be excluded.

Where the Customer is a Consumer, North East EcoHeat Ltd remains responsible for reasonably foreseeable loss caused by our breach of contract or failure to exercise reasonable care and skill.

We are not responsible for loss which was not reasonably foreseeable as a consequence of our breach.

Where a Consumer uses our services wholly or mainly for domestic purposes, we are not responsible under that Consumer contract for purely commercial losses such as loss of business profits, revenue or business opportunity, except where the law provides otherwise.

59. Liability – Business Customers

This clause applies only to Business Customers.

Subject to liabilities which cannot lawfully be excluded or limited, North East EcoHeat Ltd's aggregate contractual liability arising from an individual job will be limited to the total contract price paid or payable for that job, to the extent that such limitation is legally enforceable and reasonable.

To the extent permitted by Scots law, we will not be liable to a Business Customer for:

• indirect or consequential loss;
• loss of profit;
• loss of revenue;
• loss of business;
• loss of opportunity; or
• similar purely economic consequential loss.

Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.

60. Complaints

If a Customer is dissatisfied, they should contact us as soon as possible at:

info@northeastecoheat.com

Please provide:

• your name and address;
• the relevant invoice or job reference;
• details of the issue; and
• any supporting photographs or information.

We ask Customers to give North East EcoHeat Ltd a reasonable opportunity to investigate and attempt to resolve a complaint before commencing court proceedings where practicable.

Nothing in this section prevents a Consumer from exercising statutory rights or obtaining independent advice or legal remedies.

61. Governing Law

These Terms, all quotations and all contracts with North East EcoHeat Ltd are governed by Scots law.

North East EcoHeat Ltd undertakes work only in Scotland.

Subject to any mandatory consumer rights regarding jurisdiction, disputes arising from these contracts will be determined by the Scottish courts.

62. Entire Agreement and Written Changes

The quotation, these Terms and any written variation agreed between the parties represent the terms applying to the relevant work.

No material change to the agreed Works or price is binding unless agreed in writing, except for emergency action reasonably necessary to prevent immediate danger or damage.

Email and text message may constitute written agreement for the purposes of these Terms.

63. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the minimum extent necessary.

The remaining provisions will continue to apply.

64. No Waiver

If either party does not immediately enforce a contractual right, this does not normally mean that the right has been permanently waived.

65. Changes to These Terms

We may update these Terms from time to time.

Changes will apply to future contracts only unless an existing Customer expressly agrees otherwise or a change is required by law.

The Terms applying to a particular contract will normally be those supplied or made available when that contract was entered into.

66. Contact Details

North East EcoHeat Ltd
Company Number: SC817227
Hayhillock Farmhouse
Hayhillock
Ellon
Aberdeenshire
AB41 8DH

Email: info@northeastecoheat.com
Website: www.northeastecoheat.com

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Model Consumer Cancellation Form

Complete and return this form only if you wish to cancel a contract and you have a statutory right to do so. You may instead send any other clear statement of cancellation.

To:
North East EcoHeat Ltd
Hayhillock Farmhouse
Hayhillock
Ellon
Aberdeenshire
AB41 8DH

Email: info@northeastecoheat.com

I/We hereby give notice that I/We cancel my/our contract for the following goods/services:

____________________________________________________

Date contract entered into / goods received:

____________________________________________________

Name of Consumer(s):

____________________________________________________

Address of Consumer(s):

____________________________________________________

Signature of Consumer(s), if this form is submitted on paper:

____________________________________________________

Date:

____________________________________________________

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Early-Start Request for Consumers

Where a statutory cancellation period applies and you want North East EcoHeat Ltd to start providing services before it ends, please send the following confirmation:

“I expressly request North East EcoHeat Ltd to begin providing the agreed services before the end of any applicable 14-day cancellation period. I understand that if I subsequently exercise a statutory right to cancel after work has begun, I may be required to pay for the proportion of services properly supplied up to cancellation where the law permits. I also understand that, where the law applies, I may lose the right to cancel the service once it has been fully performed following my express request and acknowledgement.”