1. These Terms

1.1. These are the terms and conditions under which Bosch Thermotechnology Limited, a company incorporated in England and Wales with company number 01993294, whose registered office address is at Cotswold Way, Warndon, Worcester, WR4 9SW United Kingdom (Bosch, we, our or us) provides the Go Hybrid Heating Service (see clause 2.1 below) to you (the Terms).

1.2. Please read these Terms carefully before you submit your installation request via the Go Hybrid Heating webpage at https://www.worcester-bosch.co.uk/go-hybrid-heating (the Webpage). These Terms tell you what services Bosch will provide to you and explains your contractual relationship with the Go Hybrid Heating Installer (see clause 2.3 below) and other important information.

2. Go Hybrid Heating Services

2.1. The Go Hybrid Heating Service is an online solution from Bosch offering a quick and convenient way for you to have a Hybrid Heat Pump System (see clause 2.2) installed by a Go Hybrid Heating Installer up to a Maximum Price (see clause 5.2), subject to these Terms and to any additional terms of your Go Hybrid Heating Installer under the Installation Contract (see clause 6.1).  

2.2 A Hybrid Heat Pump System is a hybrid heating and hot water system which combines two or more technologies to generate heat as a low carbon alternative for home heating, typically consisting of a gas or oil boiler and an air to water heat pump, and offered under these Terms in the form of the Go Hybrid Heating Packages (see clause 5.1).

2.3. A Go Hybrid Heating Installer is an independent installer who is not employed by Bosch but participates in the Go Hybrid Heating scheme. All Go Hybrid Heating Installers are part of the Worcester Bosch Accredited Installer scheme, Gas Safe registered and fully trained to install Worcester Bosch Hybrid Heat Pump Systems.   

2.4. To assess whether you are eligible for a Hybrid Heat Pump System installation through the Go Hybrid Heating Service (Go Hybrid Heating Installation), you will be asked on the Webpage to provide pictures of your current boiler and installation, and to answer a series of questions relating to your installation request (see clause 3). Bosch may subsequently contact you via telephone and/or email to request additional information or pictures if we consider this necessary.

2.5 Bosch will consider the pictures and/or information provided by you in accordance with clause 2.4 and:

2.5.1.  if you meet the Eligibility Criteria (see clause 3.1), Bosch will use its reasonable endeavours to identify a suitable (if there is more than one) Go Hybrid Heating Installer for you, provide you with a Quotation (see clause 5.5) not exceeding the Maximum Price (subject to clause 5.6) and help coordinate the formation of your Installation Contract with the Go Hybrid Heating Installer on their behalf (see clause 6.1). Bosch shall not be held liable in the event that no Go Hybrid Heating Installer is available;

2.5.2. if you do not meet the Eligibility Criteria or if the pictures and/or information you provide under clause 2.4 are insufficient to enable us to make a final decision as to the same, Bosch may either:

(a) take the steps set out at clause 2.5.1 above, but the Go Hybrid Heating Installer may provide you with a Quotation which exceeds the Maximum Price to reflect the additional work (see clause 5.6), or

(b) offer a Video Survey and/or a Survey Visit (see clause 4) of the installation conditions before the Go Hybrid Heating Installer can provide a Quotation.

 

3. Installation Eligibility Criteria

3.1 You must meet certain criteria to be eligible for a Go Hybrid Heating Installation. These criteria will depend on:

3.1.1 the nature of your existing boiler where you are purchasing a Heat Pump and Existing Boiler Go Hybrid Heating Package (see clause 5.1(b)) e.g. your current boiler type, output and set-up (including its pipework), the flue type (to assess the type of flue you have and how this was previously installed), the fuel supply (only natural gas boilers are eligible for the Go Hybrid Heating Service; LPG and oil boilers will not be) and any Applicable Laws relating to its original installation. Please note that the boiler must also be in full working condition;

3.1.2 the location of your existing boiler; where you are purchasing a Combi Boiler and Heat Pump Go Hybrid Heating Package (see clause 5.1(a)), the new boiler must be installed in the same location as the current boiler; and

3.1.3 the nature of the installation required, to make sure there is sufficient space and area for the indoor and outdoor heat pump units of the Go Hybrid Heating Package so as to comply with all Applicable Laws, including those relating to clearance.

(together the Eligibility Criteria).

4. Video Survey and Survey Visit

4.1. In the circumstances set out at clause 2.5.2(b) above, Bosch may contact you to offer you a remote online inspection of the installation conditions (Video Survey). The Video Survey will be carried out by a member of Bosch’s Go Hybrid Heating team.

4.2. If you accept a Video Survey, Bosch will use reasonable endeavours to arrange the Video Survey within seven days of such acceptance and at a time suitable for you. You will be sent a link via email or text message to join the Video Survey at the scheduled time. The Video Survey will be carried out on a third party video conference platform nominated by Bosch, currently MX Remote. By agreeing to attend a Video Survey, you consent to Bosch sharing your details with MX Remote for the sole purpose of arranging the video survey. Your access to the third party video conference platform will be subject to any terms of use of that third party platform and Bosch shall in no event be liable for any act or omission of the third party operating the platform. Bosch may invite a Go Hybrid Heating Installer to additionally join the Video Survey. Bosch may save the video content of the Video Survey, and may share the video and/or video stills with a Go Hybrid Heating Installer following completion of the Video Survey if Bosch deems this necessary for the purposes of making a final decision as to whether your installation conditions meet the Eligibility Criteria (see clause 3.1).

MX Remote’s terms and conditions can be at the following link:

https://mxassiststorage.blob.core.windows.net/mxreality/mxremote/terms.html

4.3. If you decline or are unable to attend a Video Survey, or if following completion of a Video Survey Bosch is still unable to make a final decision as to whether your installation conditions satisfy the Eligibility Criteria, Bosch will use reasonable endeavours to find a suitable (where there is more than one) Go Hybrid Heating Installer to attend your home to carry out a physical inspection of the installation conditions (Survey Visit) on a date chosen by you (Inspection Date). Bosch shall not be held liable in the event that no Go Hybrid Heating Installer is available on the Inspection Date.

4.4. Once Bosch identifies a Go Hybrid Heating Installer to carry out the Survey Visit, Bosch will confirm the date of the Inspection Date with you via a phone call and/or email, and provide you with the Go Hybrid Heating Installer’s contact details.

4.5. If you decide not to enter into an Installation Contract (see clause 6) following the Video Survey and/or Survey Visit, you will not be invoiced for any costs incurred by Bosch or the Go Hybrid Heating Installer for any such survey.

5. Go Hybrid Heating Packages, Quotation and Maximum Prices

5.1. The Go Hybrid Heating Packages are displayed in detail on the Webpage and include the following:

(a) Combi boiler and Heat Pump package

• Boiler model as stated in the applicable Go Hybrid Heating Package
• Filter
• System flush and cleanse
• Keyless filling link
• Worcester Bosch Heat Pump indoor and outdoor units as stated in the applicable Go Hybrid Heating Package
• Installation service
• Manufacturer’s guarantee on the Hybrid Heat Pump System subject to Bosch’s guarantee terms and conditions (https://www.worcester-bosch.co.uk/guarantee-terms-and-conditions)

(b) Heat Pump and Existing Boiler package

• Worcester Bosch Heat Pump indoor and outdoor units as stated in the applicable Go Hybrid Heating Package
• Installation service

• Manufacturer’s guarantee on the Heat Pump units set out above, subject to Bosch’s guarantee terms and conditions (https://www.worcester-bosch.co.uk/guarantee-terms-and-conditions). Please note that this guarantee does not cover any element of your existing boiler and/or heating system

Please note that this package does not include a new boiler, nor does it include any repairs or alterations required to your existing boiler in order to carry out the Go Hybrid Heating Installation (see clause 3.1 for Eligibility Criteria).

5.2. The Maximum Price is the maximum price for the entire service package comprising of the relevant Go Hybrid Heating Package including VAT, but not including any system design and/or commissioning required to install the Hybrid Heat Pump System (which may be charged in addition), nor the cost of obtaining an Energy Performance Certificate (EPC); the price payable (which may be lower than the Maximum Price) is to be paid to the Go Hybrid Heating Installer directly.[GT(G1] 

5.3. Please note that the Maximum Price is not a fixed price and can vary. It sets the price limit that cannot be exceeded by the Go Hybrid Heating Installer except as set out in these Terms.

5.4. If you wish to alter the content of your Go Hybrid Heating Package, please inform Bosch via email to support@worcester-fasttrack.co.uk prior to the submission of your installation request. Bosch will decide whether such alteration is possible. Please note that if you decide to change the Hybrid Heat Pump System model chosen in your Go Hybrid Heating Package (where there is more than one type available), you may need to re-start your application for a Go Hybrid Heating Installation and/or your revised Hybrid Heat Pump System model may not be eligible for a Go Hybrid Heating Installation.

5.5. Quotations provided without a prior Video Survey and/or Survey Visit 

Once Bosch nominates a Go Hybrid Heating Installer under clause 2.5.1 or 2.5.2(a), we will provide you with the Go Hybrid Heating Installer’s quotation (Quotation) via a phone call and/or email. The Quotation is the Go Hybrid Heating Installer’s contract offer that the Go Hybrid Heating Installer has authorised Bosch to deliver to you on their behalf.

5.6. The Quotation of the Go Hybrid Heating Installer may exceed the Maximum Price if the installation situation is such that, or if the pictures provided by you indicate that:

5.6.1 any of the Eligibility Criteria are not met;

5.6.2. there will be a high degree of complexity involved, e.g. the gas run has to be upgraded;

5.6.3. there will be additional cost involved to adhere to applicable laws and/or building regulations;

5.6.4. you have requested an alteration to the relevant Go Hybrid Heating Package (e.g. a power flush); or

5.6.5. any other aggravating circumstances leading to additional work or higher cost being involved e.g. any required upgrade to your electrical consumer unit.

Where the Go Hybrid Heating Installer exceeds the Maximum Price, the reasoning for the higher price shall be contained in the Quotation.

5.7. The Go Hybrid Heating Installer may withdraw their original Quotation and submit a revised Quotation (which may exceed the Maximum Price) in the event it becomes aware that any of the factors set out at clause 5.6 apply which it was not aware of at the time of providing the original Quotation.

5.8. Quotations provided following a Video Survey and/or Survey Visit 

Where a Video Survey and/or Survey Visit (as the case may be) has been carried out in accordance with clause 4, based on the results of said survey(s) the Go Hybrid Heating Installer will provide you with a Quotation for the installation of a:

5.8.1 Go Hybrid Heating Package not exceeding the Maximum Price;

5.8.2. Go Hybrid Heating Package exceeding the Maximum Price due to any reason as set out in clause 5.6 above; or

5.8.3. different Worcester Bosch Hybrid Heat Pump System (where there is more than one type of model available).

5.9. The Quotation may contain an expiry date, after which it shall be withdrawn by the Go Hybrid Heating Installer. They may subsequently provide you with a revised Quotation upon request, but this may not be at the same price as the original Quotation.

5.10. The Quotation may refer to the Go Hybrid Heating Installer’s terms and conditions which are part of the Quotation. Where a Go Hybrid Heating Installer’s terms and conditions conflict with these Terms, these Terms shall prevail.

6. Installation Contract for the Go Hybrid Heating Service

6.1. If you wish to accept the Quotation for the Go Hybrid Heating Installation, you need to accept the Quotation via email or telephone, as the case may be (Customer Confirmation).  Bosch is authorised to receive your Customer Confirmation on behalf of the Go Hybrid Heating Installer. Upon receipt of the Customer Confirmation by Bosch, the Installation Date as stated in the Quotation is confirmed and the installation contract between you and the Go Hybrid Heating Installer is concluded (Installation Contract). Bosch will not be or become a party to the Installation Contract.

6.2. Upon receipt of the Customer Confirmation, you will receive confirmation of the Installation Contract by email together with the contact details of your Go Hybrid Heating Installer.

6.3. The Go Hybrid Heating Installer may contact you by telephone, email or WhatsApp prior to the Installation Date to confirm their arrival time and other requirements.

6.4. In the event that, at the time of the Go Hybrid Heating Installation, the Go Hybrid Heating Installer reasonably considers that there are any material discrepancies between the pictures and/or information provided under clause 2.4 and their assessment of the installation conditions (including but not limited to where the Go Hybrid Heating Installer is of the opinion that any of the Eligibility Criteria are not satisfied), the Go Hybrid Heating Installer is entitled, without any liability towards you, to:

6.4.1. terminate the Installation Contract and submit a new offer exceeding the original Quotation, and/or reschedule the Installation Date; or

6.4.2. terminate the Installation Contract without any new offer.

Under such circumstances, Bosch shall in no event be held liable.

7. The Go Hybrid Heating Installation

7.1 The Go Hybrid Heating Installation is likely to commence between 8am and 10am on the Installation Date, or as arranged between you and the Go Hybrid Heating Installer, and is aimed to be completed before 6pm the next working day.

7.2. You must ensure that you provide the Go Hybrid Heating Installer access to the location of your boiler and that the boiler is readily accessible during installation. If access and/or parking is restricted or complicated, please notify us at least 72 hours prior to the Installation Date.

7.3. The Go Hybrid Heating Installer will take heat loss calculations of your property prior to carrying out the installation, and will take pictures of the completed Go Hybrid Heating Installation for quality purposes, both of which it shall submit to Bosch.

7.4. The Go Hybrid Heating Installer will provide you with an invoice for the amount provided in the Quotation including VAT following completion of the Go Hybrid Heating Installation. The full invoice amount is to be paid directly to the Go Hybrid Heating Installer.

 

8. Cancellation

8.1. Cancellations of Installation Contracts, Video Surveys and Survey Visits by you

Cancellations of Video Surveys and Survey Visits must be made as soon as possible and not later than two (2) hours prior to the scheduled arrival time of the Go Hybrid Heating Installer. You may notify us of any such cancellation either via email (support@worcester-fasttrack.co.uk) or by phone (telephone number 03330 604 891).

If you have entered into an Installation Contract pursuant to clause 6 and want to cancel the Go Hybrid Heating Installation, please contact the Go Hybrid Heating Installer directly. Please note that in this case the cancellation terms of the Go Hybrid Heating Installer apply.

8.2. Cancellation of an Installation Contract by the Go Hybrid Heating Installer

8.2.1. If the Go Hybrid Heating Installer is unable to commence the Go Hybrid Heating Installation on the Installation Date due to personal reasons, such as illness or factors other than technical complications or additional work and they are unable to provide a replacement engineer, Bosch may, with your consent, attempt to arrange for another Go Hybrid Heating Installer to carry out the Go Hybrid Heating Installation on the same day.

8.2.2. Where an alternative Go Hybrid Heating Installer is identified and available, the Installation Contract shall be terminated and you will be offered a new Installation Contract with that alternative Go Hybrid Heating Installer.

8.2.3. Where no alternative Go Hybrid Heating Installer is available on the same day, Bosch will try to reschedule the Installation Date with you on behalf of the original Go Hybrid Heating Installer.

 

8.3. Cancellation of a Survey Visit or Video Survey by the Go Hybrid Heating Installer or Bosch

8.3.1 If the Go Hybrid Heating Installer is unable to conduct the Survey Visit on the Inspection Date due to personal reasons (e.g. illness), Bosch shall, with your consent, attempt to arrange for another Go Hybrid Heating Installer (where applicable) to carry out the Survey Visit on the same day or, if another Go Hybrid Heating Installer is not available, to reschedule the Survey Visit with you on behalf of the original Go Hybrid Heating Installer.

8.3.2 If Bosch’s Go Hybrid Heating team is unable to conduct the Video Survey at the scheduled time due to personal reasons (e.g. illness), Bosch will reschedule the Video Survey with you. 

  

9. Limitation of Liability

9.1. Nothing in these Terms shall limit or exclude Bosch’s liability for

9.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

9.1.2. fraud or fraudulent misrepresentation; or

9.1.3. defective products under the Consumer Protection Act 1987; or

9.1.4. any matter in respect of which it would be unlawful for Bosch to exclude or restrict liability.

9.2. Bosch is not a party to the Installation Contract and the Go Hybrid Heating Installer is not subcontracted by Bosch. Bosch shall not be liable for any direct or indirect damage or loss caused by the Go Hybrid Heating Installer whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Survey Visit or the Installation Contract.

 

10. Communication and Data Protection

10.1. By submitting your request using the Go Hybrid Heating Service, you give your consent to be contacted by Bosch, Bosch’s service provider and the Go Hybrid Heating Installer via phone and email in relation to the Go Hybrid Heating Service, e.g. to gather additional information relating to the Eligibility Criteria or arrange for the exact arrival time of the Go Hybrid Heating Installer.

10.2. Bosch will process your personal data which you provide for the purposes of the Go Hybrid Heating Service and forward your personal data to the Go Hybrid Heating Installer upon you confirming a Video Survey or Survey Visit (if applicable), or entering into the Installation Contract. The legal basis for Bosch to process your personal data is that the processing is carried out for the legitimate business interests in connection with the Go Hybrid Heating Service. Bosch will not process your personal data for other purposes unless Bosch has a legal basis for doing so. Bosch handles your personal data in a secure and confidential manner and always in accordance with the law, including the Data Protection Act 2018. Bosch will never disclose your personal data to third parties unless there is a legal basis for this. The law provides you with rights in relation to your personal data. To find out more about this and about how Bosch handles your personal data in accordance with the law, please see our Privacy Policy on our website which is updated from time to time as legal requirements change: https://www.worcester-bosch.co.uk/legal-and-privacy

 

11. Assignment and Subcontracting

11.1. Bosch may at any time and without any notice assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.

11.2. You may only transfer your rights or your obligations under these Terms to another person upon obtaining our consent in writing, not to be unreasonably withheld or delayed.

 

12. Third Party Rights

Unless explicitly stated otherwise in these Terms, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

 

13. Waiver

13.1. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

13.2. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

 

14. Severance

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

 

15. Governing Law and Jurisdiction

These Terms are governed by English law and the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

 [GT(G1]M&R (competition) to review this section