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) provides Express Services (as defined below) to you the Terms).
1.2. Please read these Terms carefully before you submit your installation request via the Express webpage. These Terms tell you what services Bosch will provide to you and explains your contractual relationship with the Express Installer (as defined below) and other important information.
2. Express Services
2.1. The Express Service is an online solution offering a quick and convenient way for you to have your boiler replaced by an Express Installer (see below clause 2.2) within a timeframe of 72 hours and up to a Maximum Package Price (see clause 4) subject to these Terms and to any additional terms of your Express Installer.
2.2. An Express Installer is an independent installer who is not employed by Bosch but participates in the Express Service scheme. All Express Installers are part of the Worcester Bosch Accredited Installer scheme, Gas Safe registered and fully trained to the Worcester Bosch standards.
2.3. To assess whether you are eligible for a boiler replacement by way of the Express Service (Express Installation), you will be asked on the Express webpage to provide pictures of your current boiler and installation, and answer a series of questions to issue your installation request (see clause 3). If you meet the Eligibility Criteria, Bosch will use its reasonable endeavours to identify a suitable Express Installer for you, provide you with a quotation from this Express Installer and coordinate the installation contract (see clause 4 for the quotation details).
2.4. To secure an installation date (Installation Date) and enter into the Installation Contract (see below clause 5) with the Express Installer, you will have to make a Confirmation Payment of £200 (including VAT) to Bosch. With the Confirmation Payment, you at the same time remunerate Bosch for the services Bosch has provided.
3. Installation Eligibility Criteria
3.1. You must meet the following criteria to be eligible for a boiler replacement by way of the Express Service (the Eligibility Criteria):
3.1.1. Combi boiler
The boiler currently installed in your home must be a wall hung combi boiler and must be replaced with a new Worcester Bosch wall hung combi boiler as advertised in the Express Boiler Packages at https://www.worcester-bosch.co.uk/support/troubleshooting/faqs/express/what-is-included-in-express
3.1.2. Natural gas
The fuel supply to your current boiler must be natural gas. LPG and oil boilers will not be eligible for an Express Service installation.
3.1.3. Horizontal flue
The flue must exit the building horizontally from the boiler through a wall. Vertical flues exiting through a building roof will not be eligible for an Express Service installation.
3.1.4. Boiler location
The new boiler must be installed in the same location as the current boiler. If re-location of a boiler is necessary then it will not be eligible for an Express Service installation.
3.1.5. Current installation regulations
Your current boiler must be installed in line with the current legal regulations and building standards to be eligible for an Express Service installation. For more details, please refer to the current boiler install criteria here.
3.2. In order to be able to assess whether the Eligibility Criteria are met, you will have to provide Bosch with pictures of the current boiler and installation as requested on the Express webpage when issuing your installation request. Bosch may contact you via telephone and/or email to request additional information or pictures. If the information provided by you is, at Bosch’s discretion, unsatisfactory, Bosch will not be able to proceed with the Express Service installation request.
3.3. If you do not meet the Eligibility Criteria, Bosch may refer you to the WAI search tool, or may provide you with a quotation from an Express Installer which exceeds the Maximum Installation Price (see clause 4 below) to reflect the additional work and/or provides an Installation Date outside the 72 hours’ period.
3.4. The questions about the Eligibility Criteria must be answered accurately. If, at the time of the Express Installation, the factual or technical situation is different to what is expected according to the pictures sent and answers given relating to the Eligibility Criteria, the Express Installer is entitled, without any liability towards you, to:
3.4.1. terminate the Installation Contract (see below clause 5) and agree to a new price exceeding the formerly quoted price, and/or reschedule a new Installation Date (thereby exceeding the 72 hours’ period), or,
3.4.2. terminate the Installation Contract without any new offer.
Under such circumstances, Bosch shall in no event be held liable, or be obliged to refund the Confirmation Payment.
4. Express Service Packages, Quotation and Maximum Prices
The Express Service Packages are displayed in detail on the Express webpage at https://www.worcester-bosch.co.uk/support/troubleshooting/faqs/express/what-is-included-in-express
4.1. and include the following:
• Boiler model as stated in the respective Express Service Package
• System cleanse
• Keyless filling link
• Installation service
• 10 years manufacturer’s guarantee on the boiler as per Bosch’s guarantee terms and conditions (https://www.worcester-bosch.co.uk/guarantee-terms-and-conditions)
4.2. The Maximum Package Price is the maximum price for the entire service package comprising:
• the respective Express Service Package including VAT (the Maximum Installation Price); the quoted price is to be paid to the Express Installer; and
• the Confirmation Payment of £200 including VAT for Bosch’s service as described in these Terms, to be paid to Bosch.
4.3. Please note that the Maximum Installation Price is not a fixed price and can vary. It sets the price limit that cannot be exceeded by the Express Installer except as set out in these Terms.
4.4. If you wish to alter the content of your Express Service Package (e.g. you do not need a control), please inform Bosch via email to firstname.lastname@example.org prior to the submission of your installation request. Bosch will decide whether such alteration is possible. Please note that an alteration of the boiler model will mean you are no longer eligible for an Express Service installation.
4.5. If you meet the Eligibility Criteria as per clause 3.1, Bosch will use its reasonable endeavours to find a suitable Express Installer who is able to provide you with the Express Installation on the Installation Date chosen by you. Bosch shall not be held liable in the event that no Express Installer is available.
4.6. Once Bosch identifies an Express Installer, Bosch will provide you with the Express Installer’s quotation (Quotation) via a phone call and email. The Quotation is the Express Installer’s binding contract offer that the Express Installer has authorised Bosch to deliver to you.
4.7. The Quotation may refer to the Express Installer’s terms and conditions which are part of the Quotation. Where an Express Installer’s terms and conditions conflict with these Terms, these Terms shall prevail.
4.8. The Quotation of the Express Installer may exceed the Maximum Installation Price if
4.8.1. the Eligibility Criteria in clause 3 is not met;
4.8.2. the pictures provided by you indicate that there will be a high degree of complexity involved, e.g. the gas run has to be upgraded;
4.8.3. the pictures provided by you indicate that there will be additional cost involved to adhere to applicable laws and/or building regulations;
4.8.4. you have requested an alteration to the Express Service Packages (e.g. a power flush or a different control); or
4.8.5. the pictures provided by you indicate any other aggravating circumstances leading to additional work or higher cost being involved. Where the Express Installer exceeds the Maximum Installation Price, the reasoning for the higher price shall be contained in the Quotation.
4.9. If, at the time of the Express Installation, the factual or technical situation turns out to be different to the situation as expected according to the pictures sent and answers given relating to the Eligibility Criteria, the Express Installer may terminate the Installation Contract in accordance with clause 3.4.
5. Confirmation Payment and Installation Contract
5.1. If you wish to accept the Quotation a Confirmation Payment of £200 (including VAT) will be payable via telephone to Bosch. The Confirmation Payment will confirm the Installation Date as stated in the Quotation and deemed to be your binding acceptance of the Express Installer’s contract offer. Bosch is authorised to receive your acceptance on behalf of the Express Installer. Upon receipt of the Confirmation Payment by Bosch, the installation contract between you and the Express Installer is concluded (Installation Contract). Bosch will not become a party to the Installation Contract.
5.2. Upon receipt of the Confirmation Payment, you will receive via email: an electronically generated VAT invoice from Bosch for the Confirmation Payment; the Installation Contract confirmation and the contact details of your Express Installer.
5.3. The Express Installer may contact you by means of telephone, email or WhatsApp prior to the Express Installation to confirm their arrival time and other requirements.
6. The Express Installation
6.1. The Express Installation is likely to commence between 8am and 10am on the agreed Installation Date, or as arranged between you and the Express Installer, and is aimed to be completed before 6pm. In the event of additional works or complications, the Express Installation may take longer and the Express Installer will use reasonable endeavours to complete the Express Installation on the following day.
6.2. You must ensure that you provide access to the location of your boiler to the Express Installer and that the boiler is readily accessible during the period as per clause 6.1. If access and parking is restricted, please declare this prior to the Installation Date.
6.3. The Express Installer will take pictures of the completed Express Installation for quality purposes.
6.4. The Express Installer will provide you with an invoice for the amount provided in the Quotation including VAT following completion of the Express Installation. The full invoice amount is to be paid directly to the Express Installer.
7. Cancellation and Refunds
7.1. Cancellations must be made either via email at email@example.com or by phone via 03330 604 891.
7.2. Cancellation with more than 24 hours’ notice
If you cancel the Express Installation providing at least 24 hours’ notice prior to the Installation Date (i.e. by 8am on the day prior to the Installation Date), the Installation Contract shall be deemed to be terminated. Bosch shall refund the Confirmation Payment to you or, if requested by you, reschedule an alternative Installation Date.
7.3. Cancellation with less than 24 hours’ notice
If you cancel or reschedule the Express Installation with less than 24 hours’ notice prior to the Installation Date, the Installation Contract shall be deemed to be terminated. In such circumstances, Bosch will retain the Confirmation Payment.
7.4. If the Express Installer does not commence the Express Installation on the Installation Date due to personal reasons, such as illness or factors other than technical complications or additional work, Bosch shall, with your consent, attempt to arrange for another installer to carry out the Express Installation on the same day.
7.4.1. Where such other installer is identified and available, the Installation Contract shall deemed to be terminated and you will be offered a new Installation Contract with an alternative installer. In this event, you will not be entitled to any reduction or repayment of the Confirmation Payment.
7.4.2. Where such alternative installer is not available, Bosch will try to reschedule the Installation Date with you on behalf of the Express Installer. In such circumstances, Bosch may, acting reasonably and taking the circumstances into account, refund an amount up to the value of the Confirmation Payment to you. Bosch shall not be liable for any amount exceeding the Confirmation Payment.
8. Limitation of Liability
8.1. Nothing in these Terms shall limit or exclude Bosch’s liability for
8.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
8.1.2. fraud or fraudulent misrepresentation; or
8.1.3. defective products under the Consumer Protection Act 1987; or
8.1.4. any matter in respect of which it would be unlawful for Bosch to exclude or restrict liability.
8.2. Bosch is not a party to the Installation Contract and the Express Installer is not subcontracted by Bosch. Bosch shall not be liable for any direct or indirect damage or loss caused by the Express Installer whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Installation Contract.
8.3. Subject to clause 8.1, Bosch’s total liability in respect of all loss or damage arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the value of the Confirmation Payment.
9. Communication and Data Protection
9.1. By submitting your installation request, you give your consent to be contacted by Bosch and the Express Installer via phone and email in relation to the Express Service, e.g. to gather additional information relating to the Eligibility Criteria or arrange for the exact arrival time of the Express Installer.
10. Assignment and Subcontracting
10.1. 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.
10.2. You may only transfer your rights or your obligations under these Terms to another person upon our consent in writing, not to be unreasonably withheld or delayed.
11. 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.
12.1. 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.
12.2. 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.
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.
14. 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.
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