FastTrack Service Terms Conditions
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 FastTrack Services (as defined below) to you (theTerms).
1.2. Please read these Terms carefully before you submit your installation request via the FastTrack webpage. These Terms tell you what services Bosch will provide to you and explains your contractual relationship with the FastTrack Installer (as defined below) and other important information.
2. FastTrack Services
2.1. TheFastTrack Serviceis an online solution offering a quick and convenient way for you to have your boiler replaced by a FastTrack Installer (see below clause 2.2) up to a Maximum Price (see clause 4) subject to these Terms and to any additional terms of your FastTrack Installer.
2.2. AFastTrack Installeris an independent installer who is not employed by Bosch but participates in the FastTrack scheme. All FastTrack 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 FastTrack Service (FastTrack Installation), you will be asked on the FastTrack webpage to provide pictures of your current boiler and installation, and answer a series of questions to issue your installation request (see clause 3).
2.3.1. If you meet the Eligibility Criteria (see clause 3), Bosch will use its reasonable endeavours to identify a suitable FastTrack Installer for you, provide you with a quotation from this FastTrack Installer and coordinate the Installation Contract (see clause 4 for the quotation details and how to enter into the Installation Contract);
2.3.2. If you do not meet the Eligibility Criteria or if the pictures are not sufficient to make a final decision, Bosch may provide you with a Quotation from a FastTrack Installer which exceeds the Maximum Price (see clause 4) to reflect the additional work. Alternatively, Bosch may offer you a remote online video inspection of the installation conditions carried out by a member of the FastTrack team (VideoSurvey, see clause 7), or may suggest a suitable FastTrack Installer to visit your home to carry out a physical inspection of the installation conditions (Survey Visit, see clause 7). In some instances both a Video Survey and a subsequent Survey Visit may be necessary.
3. Installation Eligibility Criteria 3.1 You must meet the following criteria to be eligible for a boiler replacement by way of the FastTrack Service (theEligibility Criteria):
3.1.1. Combi boilerThe 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 FastTrack Packages athttps://www.worcester-bosch.co.uk/support/troubleshooting/faqs/FastTrack/what-is-included-in-FastTrack
3.1.2 Natural gasThe fuel supply to your current boiler must be natural gas. LPG and oil boilers will not be eligible for a FastTrack Service installation.
3.1.3. Flue typeThe flue can either exit the building horizontally or vertically from the boiler. Vertical flues must not exit the building through more than two floors and must have safe access via a ladder.
3.1.4 Boiler locationThe 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 a FastTrack Service installation.
3.1.5 Current installation regulationsYour current boiler must be installed in line with the current legal regulations and building standards to be eligible for a FastTrack Service installation. For more details, please refer to the current boiler installation criteriahere.
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 FastTrack webpage when issuing your installation request. Bosch may contact you via telephone and/or email to request additional information or pictures. If Bosch considers that the information provided by you is unsatisfactory and/or if Bosch is still unable to assess whether the Eligibility Criteria are met, Bosch may offer you a Video Survey (see clause 7). If for any reason a Video Survey cannot be arranged, or if Bosch considers that a further inspection is necessary following a Video Survey, Bosch will use its reasonable endeavours to find a suitable FastTrack Installer for a personal Survey Visit at your home (see clause 7).
3.3. The questions about the Eligibility Criteria must be answered accurately. If, at the time of the FastTrack 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 FastTrack Installer is entitled, without any liability towards you, to:
3.3.1. terminate the Installation Contract (see below clause 8) and agree to a new price exceeding the formerly quoted price, and/or reschedule the Installation Date , or,
3.3.2. terminate the Installation Contract without any new offer. Under such circumstances, Bosch shall in no event be held liable. 4. FastTrack Packages, Quotation and Maximum Prices 4.1. TheFastTrack Packagesare displayed in detail on the FastTrack webpage athttps://www.worcester-bosch.co.uk/support/troubleshooting/faqs/FastTrack/what-is-included-in-FastTrackand include the following: Boiler model as stated in the respective FastTrack Package Control Filter System cleanse Keyless filling link Installation service Manufacturers guarantee on the boiler as per Boschs guarantee terms and conditions (https://www.worcester-bosch.co.uk/guarantee-terms-and-conditions)
4.2. TheMaximum Priceis the maximum price for the entire service package comprising of the respective FastTrack Package including VAT; the quoted price is to be paid to the FastTrack Installer directly.
4.3. Please note that the Maximum Price is not a fixed price and can vary. It sets theprice limitthat cannot be exceeded by the FastTrack Installer except as set out in these Terms.
4.4. If you wish to alter the content of your FastTrack Package (e.g. you do not need a control), please inform Bosch via email tosupport@worcester-fasttrack.co.ukprior 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 a FastTrack 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 FastTrack Installer who is able to provide you with the FastTrack Installation on the Installation Date chosen by you. Bosch shall not be held liable in the event that no FastTrack Installer is available.
4.6. Once Bosch identifies a FastTrack Installer, Bosch will provide you with the FastTrack Installers quotation (Quotation) via a phone call and/or email. The Quotation is the FastTrack Installers binding contract offer that the FastTrack Installer has authorised Bosch to deliver to you.
4.7. The Quotation may refer to the FastTrack Installers terms and conditions which are part of the Quotation. Where a FastTrack Installers terms and conditions conflict with these Terms, these Terms shall prevail.
4.8. The Quotation of the FastTrack Installer may exceed the Maximum Price if the installation situation is such that, or if the pictures provided by you (or the results of the Video Survey and/or Survey Visit) indicate that:
4.8.1 the Eligibility Criteria in clause 3 are not met;
4.8.2. there will be a high degree of complexity involved, e.g. the gas run has to be upgraded;
4.8.3. 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 FastTrack Packages (e.g. a power flush or a different control); or
4.8.5. any other aggravating circumstances leading to additional work or higher cost being involved. Where the FastTrack Installer exceeds the Maximum Price, the reasoning for the higher price shall be contained in the Quotation.
4.9. If, at the time of the FastTrack 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 FastTrack Installer may terminate the Installation Contract in accordance with clause 3.3.
5. Installation Contract for the FastTrack Service
5.1. If you wish to accept the Quotation for the FastTrack 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 FastTrack 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 FastTrack Installer is concluded (Installation Contract). Bosch willnotbecome a party to the Installation Contract.
5.2. Upon receipt of the Customer Confirmation, you will receive via email the Installation Contract confirmation and the contact details of your FastTrack Installer.
5.3. The FastTrack Installer may contact you by means of telephone, email or WhatsApp prior to the FastTrack Installation to confirm their arrival time and other requirements.
6. The FastTrack Installation 6.1 The FastTrack Installation is likely to commence between 8am and 10am on the agreed Installation Date, or as arranged between you and the FastTrack Installer, and is aimed to be completed before 6pm. In the event of additional works or complications, the FastTrack Installation may take longer and the FastTrack Installer will use reasonable endeavours to complete the FastTrack Installation on the following day.
6.2. You must ensure that you provide access to the location of your boiler to the FastTrack Installer and that the boiler is readily accessible during the period as per clause 6.1. If access and/or parking is restricted or complicated, please declare this prior to the Installation Date.
6.3. The FastTrack Installer will take pictures of the completed FastTrack Installation for quality purposes.
6.4. The FastTrack Installer will provide you with an invoice for the amount provided in the Quotation including VAT following completion of the FastTrack Installation. The full invoice amount is to be paid directly to the FastTrack Installer.
7. Video Survey and Survey Visit
7.1. If the pictures sent by you with the installation request show that you do not meet the Eligibility Criteria as set forth in clause 3, or if Bosch is on basis of the pictures provided unable to make a final decision as to the eligibility of your installation conditions, 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 the FastTrack team.
7.2. If you accept a Video Survey, Bosch will use reasonable endeavours to arrange the Video Survey within seven days 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 FastTrack 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 FastTrack Installer following completion of the Video Survey if Bosch deems this necessary for the purposes of making a final decision as to the eligibility of your installation conditions. MX Remotes terms and conditions can be at the following link: https://mxassiststorage.blob.core.windows.net/mxreality/mxremote/terms.html
7.3. 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 the eligibility of your installation conditions, Bosch will use reasonable endeavours to find a suitable FastTrack Installer for you to visit your home for an inspection of the installation conditions (Survey Visit) on the date chosen by you (Inspection Date).
7.4. Once Bosch identifies a FastTrack Installer, Bosch will confirm the date of the Survey Visit with you via a phone call and/or email and provide you with the FastTrack Installers contact details.
7.5. Based on the outcome of the Survey Visit, the FastTrack Installer will make you an offer for the installation of
7.5.1 a FastTrack Package not exceeding the Maximum Price;
7.5.2. a FastTrack Package exceeding the Maximum Price due to any reason as per clause 4.8; or
7.5.3. a different Worcester Bosch boiler.
7.6. If you wish to accept the offer of the FastTrack Installer pursuant to clause 7.5 after the Video Survey and/or Survey Visit (as the case may be), you will have to directly accept the offer from the FastTrack Installer pursuant to the Installers terms and conditions. Bosch will not be involved in the coordination of such installation contract and will not become a party to the installation contract.
7.7. If you decide not to enter into an installation contract with the FastTrack Installer following the Video Survey and/or Survey Visit, you will not be invoiced for any costs incurred by Bosch or the FastTrack Installer for any Video Survey or the Survey Visit.
8. Cancellation
8.1. Cancellations of FastTrack Installation Contracts, Video Surveys and Survey Visits must be made either via email atsupport@worcester-fasttrack.co.ukor by phone via 03330 604 891 at the earliest possible and at the latest 2 hours prior to the scheduled arrival time of the FastTrack Installer.
8.2. Cancellation of a FastTrack Installation Contract
8.2.1. If the FastTrack Installer does not commence the FastTrack 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 FastTrack Installation on the same day.
8.2.2. 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.
8.3. Where such alternative installer is not available, Bosch will try to reschedule the Installation Date with you on behalf of the FastTrack Installer.
8.3. Cancellation of a Survey Visit or Video Survey
8.3.1 If the FastTrack Installer is not able 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 installer to carry out the Survey Visit on the same day, or, if another installer is not available, to reschedule the Survey Visit with you on behalf of the FastTrack Installer.
8.3.2 If the FastTrack team is not able to conduct the Video Survey at the scheduled time due to personal reasons (e.g. illness), Bosch shall, with your consent, reschedule the Video Survey with you.
8.4. Cancellation of an installation following a Survey Visit If you have entered into an installation contract following a Survey Visit pursuant to clause 7 and want to cancel the installation, please contact the FastTrack Installer directly. Please note that in this case the cancellation terms of the FastTrack Installer apply.
9. Limitation of Liability
9.1. Nothing in these Terms shall limit or exclude Boschs 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 FastTrack Installer is not subcontracted by Bosch. Bosch shall not be liable for any direct or indirect damage or loss caused by the FastTrack 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 installation request, you give your consent to be contacted by Bosch, Boschs service provider and the FastTrack Installer via phone and email in relation to the FastTrack Service, e.g. to gather additional information relating to the Eligibility Criteria or arrange for the exact arrival time of the FastTrack Installer.
10.2. Bosch will process your personal data which you provide for the purposes of the FastTrack Services and forward your personal data to the FastTrack Installer upon you entered into the Installation Contract or confirmed a Survey Visit. 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 FastTrack Services and provision of the respective services. 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
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 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.
