SERVICE TERMS & CONDITIONS

Greenstar Powerflushing, Gas, Plumbing and Heating
Apex Catering & Commercial Gas | Colchester Powerflushing
Proprietor: Wellesley Ford, trading as a sole trader
31A North Station Road, Colchester, Essex, CO1 1RQ
Tel: 01206 437007 / 07455 107724 | Enquiries@greenstarcolchester.co.uk
Gas Safe Registered: 300765 | CIPHE: 128207 (ACIPHE) | G3 Unvented | 18th Edition Electrical (BS 7671)
Version 2026.5 | Effective 19 September 2026
Supersedes Version 2026.4 (Effective April 2026)

Table of Contents

1. Introduction and Acceptance
2. Definitions
3. Services, Qualifications and Scope
4. Pricing, Materials, VAT and Payment
5. Attendance, Timekeeping and Cancellation
6. Building Regulations, Compliance and Notification
7. Gas Safety Obligations, Warning Notices and Landlord Duties
8. Unvented Hot Water Systems — G3
9. Water Regulations, System Water Quality and Legionella
10. Site Conditions, Discovery and Right to Stop Work
11. Photographs, Records and Data Protection
12. Satisfaction, Guarantees, Liability and Exclusions
13. Customer Conduct, Reviews, Penalties and Claims
14. Dispute Resolution — B2C (Optional) and B2B (Mandatory) Arbitration
15. General Provisions and Consumer Rights
16. Contact and Legal Notices

1. Introduction and Acceptance

1.1 Business Identity

These are the Terms and Conditions of Wellesley Ford, a sole trader, Gas Safe Registration 300765, CIPHE 128207, trading as:

• Greenstar Powerflushing, Gas, Plumbing and Heating
• Colchester Powerflushing
• Apex Catering & Commercial Gas
• Greenstar Gas / Greenstar Gas, P&H
• Any other associated brand names operated by the same sole trader

Principal trading address and address for service of documents: 31A North Station Road, Colchester, Essex, CO1 1RQ. We are not a limited company. This disclosure is made in accordance with sections 1200 to 1204 of the Companies Act 2006 (business names of sole traders).

1.2 Binding Agreement

By engaging our services, requesting estimates, instructing works verbally or in writing, or allowing us onto your premises, you and all persons connected to the property (including tenants, occupiers, beneficial owners, landlords, agents, and third parties) agree to be bound by these terms in their entirety. This constitutes a legally binding contract under the law of England and Wales. For domestic customers, the pre-contract information we give you (including any written estimate) forms part of the contract under section 50 of the Consumer Rights Act 2015.

1.3 Precedence and Updates

The version of these terms in force on the date your contract is formed applies to that contract. We may update these terms at any time for new contracts. Material changes affecting an existing contract will be notified with at least 30 days' notice where reasonably practicable, and will not apply to a domestic customer's existing contract without their agreement.

2. Definitions

For the purpose of these terms and conditions the following meanings apply:

• "Us/We/Our": Wellesley Ford trading as Greenstar Powerflushing, Gas, Plumbing and Heating, Apex Catering & Commercial Gas, Colchester Powerflushing, and all associated trading names.
• "You / Customer / Client": The person, organisation, property owner, tenant, landlord, managing agent, or any party engaging our services, whether domestic (B2C) or commercial (B2B).
• "Domestic Customer / Consumer": A natural person acting for purposes wholly or mainly outside their trade, business, craft, or profession, as defined in the Consumer Rights Act 2015.
• "Commercial Customer / B2B": Any person, company, partnership, limited liability partnership, landlord acting in the course of a property business, or other entity acting in the course of a trade, business, or profession.
• "Services": All work, estimates, consultations, installations, repairs, emergency call-outs, servicing, materials, advice, or any other activity provided by us.
• "Premises": Any location, property, building, or site where we provide services.
• "Tradesperson": Our representative(s) carrying out work, who may be the principal or an engaged subcontractor working under our direction.
• "Working Day": Any day other than a Saturday, Sunday, bank holiday, or public holiday in England and Wales.
• "Notifiable Works": Any installation or works required to be notified to a local authority or Competent Person Scheme under the Building Regulations 2010 (as amended), including but not limited to Part G3 (unvented hot water storage), Part J (combustion appliances and flues), Part L (energy efficiency - boiler and heating controls), and Part P (electrical installations in dwellings).
• "Competent Person Scheme": A government-authorised scheme allowing qualified tradespeople to self-certify that work complies with the Building Regulations without a separate Building Control application.
• "G3 Unvented System": A sealed, mains-pressure hot water storage system within the scope of Building Regulations Part G3, including unvented cylinders, combination units, and thermal stores operating above atmospheric pressure.
• "Gas Warning Notice": A written notice issued by a Gas Safe registered engineer under the Gas Safety (Installation and Use) Regulations 1998 and the Gas Industry Unsafe Situations Procedure classifying an installation as Immediately Dangerous (ID), At Risk (AR), or Not to Current Standards (NCS).
• "Water Regulations": The Water Supply (Water Fittings) Regulations 1999 (as amended), together with the associated Regulators' Specifications and WRAS/KIWA product approval schemes.
• "BS 7593": British Standard BS 7593:2019 - Code of practice for the preparation, commissioning and maintenance of domestic central heating and cooling water systems, including cleaning, flushing, inhibitor dosing, in-line filtration and periodic water testing.
• "ACM": Asbestos-containing material, as defined in the Control of Asbestos Regulations 2012.
• "Consumer Legislation": The Consumer Rights Act 2015; the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (unfair commercial practices); and any legislation replacing or amending them.
• "Dispute": Any claim, disagreement, action, or other controversy, whether based on past, present, or future events, whether in contract, tort, statute, or common law, between you and us concerning the Services or this Agreement.
• "Abortive Visit": An attendance at Premises by our tradesperson where work cannot commence or continue due to circumstances within the Customer's control.

3. Services, Qualifications and Scope

3.1 Qualifications and Registrations

We hold the following current registrations and qualifications, which underpin the legal basis for the Services described in this Agreement:

• Gas Safe Register: 300765 - Domestic and commercial gas installation, repair, servicing, and certification under the Gas Safety (Installation and Use) Regulations 1998 (as amended 2018). Qualifications held include CCN1, COCN1, CIGA1, CORT1, CDGA1, TPCP1/1A and BMP1.
• CIPHE: 128207 (Associate, ACIPHE) - Chartered Institute of Plumbing and Heating Engineering: registered plumbing and heating engineer.
• G3 Unvented Hot Water - Qualified and insured for the installation, commissioning, servicing, and repair of unvented hot water storage systems as required by Building Regulations Part G3.
• 18th Edition Wiring Regulations (BS 7671:2018 as amended, including Amendments 2:2022 and 3:2024) - Qualified to carry out electrical installation and inspection work, including notifiable domestic electrical works under Part P of the Building Regulations.
• TPCP1/TPCP1A - Qualified for commercial gas tightness testing, purging and direct-purge of pipework.
• Powerflushing, heat pumps, solar thermal and oil - Trained and experienced in these disciplines; work is undertaken within the scope of the qualifications and registrations held at the date of instruction.

3.2 Service Categories - Domestic

We provide the following domestic services under the Greenstar Powerflushing, Gas, Plumbing and Heating and Colchester Powerflushing trading names:

• Gas boiler installation, replacement, repair, and annual servicing
• Central heating system installation and repair; powerflushing, chemical cleaning and water treatment to BS 7593:2019
• Unvented hot water cylinder installation, commissioning, servicing, and repair (G3)
• Domestic plumbing installations and repairs, including compliance with the Water Regulations
• Bathroom installations
• Domestic electrical installation and inspection (Part P notifiable works)
• Landlord Gas Safety Records (CP12) and associated landlord compliance advice
• Drain clearance
• Emergency domestic gas, heating, and plumbing call-outs
• Property maintenance and plumbing/heating condition assessments

3.3 Service Categories - Commercial

We provide the following commercial services under the Apex Catering & Commercial Gas trading name and under Gas Safe registration 300765:

• Commercial gas installation, testing, purging, and commissioning (TPCP1/1A)
• Commercial catering equipment gas connections, interlock systems and servicing (COCN1/CCCN1 scope)
• Commercial heating system installation and maintenance
• Commercial electrical installation and inspection works
• Commercial plumbing and drainage
• Emergency commercial gas and heating call-outs

Commercial customers: these Terms and Conditions apply in full to all commercial engagements. Where the document distinguishes between 'domestic' and 'commercial' provisions, the commercial provision applies to B2B contracts. The arbitration clause in Section 14 is mandatory for commercial contracts.

3.4 Right to Refuse

We reserve the right to refuse any work or customer at our sole discretion, provided that we will not refuse on any ground prohibited by the Equality Act 2010. We reserve the right, at our absolute discretion, to designate the tradesperson or tradespeople who will represent us on any engagement.

4. Pricing, Materials, VAT and Payment

4.1 VAT

Prices quoted to domestic customers are stated inclusive of any applicable VAT, as required by consumer law. Prices quoted to commercial customers are exclusive of VAT unless expressly stated otherwise. Where we are VAT-registered, VAT will be charged at the applicable rate and shown separately on all invoices. Where we are not VAT-registered, no VAT will be added and invoices will state accordingly.

4.2 Hourly Rate Work

The total charge will consist of labour (time spent by the tradesperson carrying out work), charged at our current hourly rates, which will be confirmed to you before work starts. Materials supplied by us will not exceed the trade purchase price plus a 25% to 50% markup. You will only be charged for time directly related to your work. Lunch breaks and other non-productive time are non-chargeable. Time spent by a second tradesperson is chargeable only where that second tradesperson's attendance is necessary and was communicated to you in advance or is required for safety reasons.

4.3 Material Collection

Collection of non-stock items is chargeable, subject to the following conditions:

• Time taken will be kept to a minimum and within reason.
• If collection time is likely to exceed 45 minutes you will be informed of the circumstances before departure.
• Only one tradesperson is permitted to leave a job to collect required materials or parts.

4.4 Fixed Price Work and Estimates

Fixed-price quotations are given as a firm cost (manifest errors excepted), inclusive of labour and materials. Where a written estimate (as opposed to a fixed-price quotation) has been supplied, the total charge shall not exceed the estimate by more than 20%, except in the following circumstances, each of which will be notified to you and agreed before the additional cost is incurred:

• You instruct additional work not referred to in the estimate (in writing or verbally).
• There is an increase in the price of materials after submission of the estimate.
• Unforeseen complications, concealed works, or additional scope are discovered during the works (see Section 10.4).
• A manifest error in the estimate is discovered and notified to you before works commence.

Written estimates are valid for 30 days unless otherwise stated. An Insurance Report (where required in addition to a standard invoice) incurs a supplementary charge of £25.00. We are not bound by estimates given orally or in which manifest errors occur.

4.5 Abortive Visits and Access Failure

Where our tradesperson attends the Premises and is unable to commence or continue work due to circumstances within your control (including but not limited to: you or a key-holder not being present; failure to provide access; site not ready as agreed; utilities not available; other trades blocking access; or cancellation on arrival), an abortive visit charge will be payable as follows:

• Abortive visit within Colchester: minimum 1 hour labour at current hourly rate plus any materials already purchased or ordered for the job.
• Abortive visit outside Colchester: minimum 1 hour labour plus reasonable travel time and mileage at current rates.
• Commercial abortive visit: minimum 2 hours labour at current commercial hourly rate plus any site-specific costs incurred.

4.6 Parking, Congestion, ULEZ and Access Charges

All parking costs, congestion charges, ULEZ charges, bridge and crossing tolls (including Dart Charge), site access fees, and any other charges necessarily incurred in attending your Premises or obtaining materials for your job are chargeable to you and will be itemised on the invoice. Where possible we will notify you of anticipated charges in advance; unforeseen charges reasonably incurred will still be recovered.

4.7 Waste Disposal

Removal and disposal of redundant equipment, pipework, cylinders, radiators, or other site waste is chargeable unless expressly included in a written estimate. By default you are responsible for arranging lawful disposal of redundant items. If we agree to remove and dispose of waste, a disposal charge will be added to the invoice covering labour and legitimate waste-carrier costs; waste will be transferred only to a registered waste carrier in accordance with the duty of care under section 34 of the Environmental Protection Act 1990. We are not responsible for waste generated by third-party contractors working on the same site.

4.8 Deposit and Payment Terms

Upon your agreement for us to carry out estimated or pre-booked work, a deposit of 20% of the total is payable in respect of labour costs. We reserve the right to request full payment in advance at our discretion, and to request 20% staged payments at intervals agreed with you during the works. Upon completion, you will be invoiced and payment is due on receipt. Deposits paid by a domestic customer who lawfully cancels under Section 5.4 will be refunded in accordance with that Section.

For day-rate works, each day's work is payable in full before works commence that day. Upon completion of each day's work you will be issued a paid invoice.

4.9 Late Payment - Domestic Customers (B2C)

For domestic customers, overdue invoices will accrue interest at 8% per annum from the due date until the date of full payment, calculated daily. This does not affect any statutory rights you hold under the Consumer Rights Act 2015.

4.10 Late Payment - Commercial Customers (B2B)

For commercial customers, the Late Payment of Commercial Debts (Interest) Act 1998 applies. Interest will accrue on overdue invoices at 8% per annum above the Bank of England base rate from the invoice due date until the date of payment. In addition, the following fixed statutory compensation will be charged automatically upon each invoice falling overdue:

• £40 for invoices with a principal value below £1,000.
• £70 for invoices with a principal value of £1,000 to £9,999.99.
• £100 for invoices with a principal value of £10,000 or above.

We also reserve the right to recover reasonable debt recovery costs in excess of the statutory compensation amounts where those costs are not fully covered by the statutory compensation.

4.11 Title to Goods and Retention of Title

All goods and materials supplied by us remain our property until paid for in full. Until full payment is received, and for goods that have not yet been incorporated into the fabric of the Premises, we may: retake, sell, or otherwise deal with the goods; enter the Premises where the goods are stored, at a reasonable time and on reasonable notice, to recover them; and apply to the court for an order restraining you from selling, transferring, or otherwise disposing of such goods. Risk in the goods passes to you upon delivery; you must insure them at replacement value and, if asked, produce evidence of adequate insurance. Where goods have become fixtures, we will instead pursue the unpaid price together with interest and costs under Sections 4.9 or 4.10.

4.12 Sole Liability for Payment

You accept sole liability to make payment in full unless you disclose, at the time of instructing us, that you are acting on behalf of a third party. Where you act as agent for a landlord, property owner, or other principal, both you and the principal are jointly and severally liable for payment unless a written credit arrangement has been agreed with us before works commence.

5. Attendance, Timekeeping and Cancellation

5.1 Timekeeping

Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavours to ensure that the tradesperson attends accordingly. Arrival times are estimates. We accept no liability for the non-attendance or late attendance of the tradesperson, or for the late or non-delivery of materials, where this is due to circumstances beyond our reasonable control, and we will be entitled to a reasonable extension of time for performing our obligations. For domestic customers, nothing in this clause removes your right under the Consumer Rights Act 2015 to have the Services performed within a reasonable time.

5.2 Cancellation or Rearrangement by You (Non-Statutory)

If you need to cancel or rearrange a booking, you must notify us (preferably by telephone, followed by email) by the end of the Working Day before the scheduled booking. Request written confirmation of the cancellation from us to ensure you are not charged. Cancellation after that time, or on our arrival, is treated as an Abortive Visit under Section 4.5. Where you cancel a fixed-price job after materials have been ordered or purchased for it, you will be liable for the cost of any materials that cannot be returned for a full credit, and for any restocking charges.

5.3 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to: severe weather, material supply failures; government restrictions; acts of God; labour disputes; illness or medical emergencies; inability to communicate due to medical incapacity; public health emergencies; utility failures; transportation disruptions; or equipment breakdown.

If we are unable to attend due to force majeure (including illness), we ask that you contact us under Section 13.3 to discuss rescheduling and allow us a reasonable opportunity to respond before publishing any review or public complaint about the missed attendance. This is a request made in good faith; it does not prevent you from posting a genuine and accurate review.

5.4 Statutory Right to Cancel - Domestic Customers

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This clause applies to domestic customers only, where the contract was agreed away from our business premises (for example at your home) or at a distance (by telephone, email, message or online).

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the day on which the contract was concluded (for a services contract) or, where goods are supplied, 14 days after the day on which you, or a person you nominate, take physical possession of the goods. To exercise the right to cancel, you must inform us of your decision by a clear statement (for example a letter sent by post or an email to Enquiries@greenstarcolchester.co.uk). You may use the Model Cancellation Form in the Schedule to these terms, but it is not obligatory. To meet the cancellation deadline it is sufficient for you to send your communication before the cancellation period has expired.

Effects of cancellation: if you cancel, we will reimburse all payments received from you within 14 days of the day we are informed of your decision, using the same means of payment you used unless you agree otherwise. If you asked us to begin the Services during the cancellation period, you must pay us an amount proportionate to what has been performed up to the time you told us you were cancelling, in comparison with the full price of the contract.

Work started within the 14 days at your request: we will not begin work within the cancellation period unless you expressly request us to do so, on a durable medium (such as email or by signing our booking/acceptance form). If the Services are fully performed within the cancellation period at your express request, and you have acknowledged that you will lose the right to cancel once performance is complete, the right to cancel is lost.

Urgent repairs: the statutory right to cancel does not apply to a contract for urgent repairs or maintenance where you specifically requested our visit for that purpose (regulation 28(1)(h)). It does, however, still apply to any additional goods or services we supply on that visit beyond what was necessary for the urgent repair.

Goods: where goods are supplied and you cancel, you must return them to us or make them available for collection within 14 days. You are liable for any diminished value of goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. Goods that have been cut to size, made to your specification, or installed and cannot be removed without damage are excluded from the right to cancel.

6. Building Regulations, Compliance and Notification

6.1 Notifiable Works - General

Certain works carried out by us are Notifiable Works under the Building Regulations 2010 (as amended). This includes but is not limited to: G3 unvented hot water systems (Part G3); boiler replacements, combustion appliance and flue installations (Part J); replacement of heating appliances, hot water systems and heating controls (Part L); domestic electrical installation works in kitchens, bathrooms, and other special locations (Part P); and any works where a formal compliance certificate is required by law or by a lender, insurer, or buyer.

6.2 Self-Certification by Competent Person

Where we are registered with an appropriate Competent Person Scheme (for gas work, the Gas Safe Register; for other disciplines, the scheme we hold at the date of the works) we are authorised to self-certify that Notifiable Works comply with the relevant Building Regulation. By instructing us to carry out Notifiable Works you authorise us to submit the required notifications to the relevant scheme or local authority on your behalf. The cost of self-certification is included within our standard pricing unless otherwise stated. Where a discipline is outside the schemes we hold, we will tell you before works begin and the route in Section 6.3 applies.

6.3 Building Control Fees and Customer Refusal

Where we are not the self-certifying body, or where you require Building Control approval via the local authority rather than a Competent Person Scheme, any Building Control application fees are your sole responsibility and will be charged in addition to our quoted price. If you refuse to allow us to notify Notifiable Works, we cannot be held responsible for the consequences of non-certification, including: failure to obtain a compliance certificate; refusal of a mortgage valuation or sale; insurance invalidation; or enforcement action by the local authority. Any resulting additional costs (including retrospective Building Control applications or regularisation certificates) will be your responsibility.

6.4 Electrical Compliance - Part P

All domestic electrical works carried out by us will be designed, installed, inspected and tested in accordance with BS 7671 (18th Edition, as amended) and notified and certified as required under Part P of the Building Regulations. An Electrical Installation Certificate (EIC) or Minor Electrical Installation Works Certificate (MEIWC) will be issued on completion of the relevant works. You must retain these certificates as they form part of the property's compliance record. We are not responsible for obtaining retrospective certification for electrical works carried out by other parties prior to our engagement.

6.5 Building Safety Act 2022 - Duty Holders

The Building Regulations etc. (Amendment) (England) Regulations 2023 (made under the Building Safety Act 2022) impose duties on the Client, Principal Designer and Principal Contractor for all building work, including domestic work. Where we are the only contractor on a project we will act as Principal Contractor and, where we design the installation, Principal Designer, for the work we carry out. Where more than one contractor is or will be involved on the same project, you (as Client) must appoint a Principal Designer and Principal Contractor in writing before works start; if you do not, those duties remain with you as Client. You must give us any information you hold that is relevant to the safe design and execution of the works, including previous surveys, asbestos information and drawings.

6.6 Boiler Replacement - Part L and Boiler Plus

In dwellings, any replacement gas boiler will meet the minimum efficiency required by Approved Document L (currently 92% ErP) and will be installed with time and temperature controls. Where a combination boiler is installed, one of the additional energy-saving measures required by the Boiler Plus standard (weather compensation, load compensation, smart controls with automation and optimisation, or flue-gas heat recovery) will be fitted. These are legal minimum requirements and cannot be omitted at the customer's request. Any wider controls upgrade recommended by us is optional and will be priced separately.

6.7 Flues - Part J and Concealed Flues

Flue routes, terminal positions and clearances will comply with Approved Document J, BS 5440 and the manufacturer's instructions. Where any part of a room-sealed flue is concealed within a void (for example above a ceiling or within a boxing), inspection hatches must be provided in accordance with Gas Safe Register Technical Bulletin 008 so that the flue can be visually inspected along its length. If suitable hatches do not exist and you do not authorise us to install them, the appliance will be classified 'At Risk' under Section 7.2 and we will not be able to complete a satisfactory service, Landlord Gas Safety Record, or commissioning.

7. Gas Safety Obligations, Warning Notices and Landlord Duties

7.1 Statutory Obligations

Our tradesperson is a Gas Safe registered engineer operating under registration 300765. All gas work carried out by us is subject to the Gas Safety (Installation and Use) Regulations 1998 (as amended), the Health and Safety at Work etc. Act 1974, the Gas Industry Unsafe Situations Procedure (current edition), and all associated approved codes of practice and guidance. Our statutory obligations under these instruments are unconditional and cannot be limited, waived, or deferred by any payment dispute, commercial arrangement, or customer instruction.

7.2 Gas Warning Notices - Classification

Where our tradesperson identifies a gas appliance, installation, or pipework that does not comply with current standards, a Gas Warning Notice will be issued classifying the installation as one of the following:

• Immediately Dangerous (ID): The installation presents an immediate danger to life or property. The gas supply will be turned off and/or disconnected and a warning label attached. You will be asked to sign the warning notice and are legally prohibited from reconnecting the supply or using the appliance until the defect has been remedied by a Gas Safe registered engineer.
• At Risk (AR): The installation presents a risk that is not immediately dangerous but could become dangerous. With your permission the appliance will be turned off and labelled; a formal notice will be left; you will be strongly advised not to use the installation until it has been made safe.
• Not to Current Standards (NCS): The installation does not meet current safety standards but does not present an immediate or imminent danger. A formal notice will be left recommending remedial action.

7.3 Liability on Customer Refusal

If you refuse to allow our tradesperson to action an Immediately Dangerous or At Risk notice - including refusing disconnection, refusing repairs, or reconnecting a disconnected supply without our authorisation - you accept full responsibility for any subsequent injury, death, property damage, fire, explosion, or other consequence, and you agree to indemnify us against any claim arising from your refusal. By signing or acknowledging any Gas Warning Notice, you accept this in full. This clause does not exclude our liability for death or personal injury caused by our own negligence (Section 12.8), but it records that the risk of a refused safety action is yours.

7.4 Notification to Gas Transporter and RIDDOR

Where an Immediately Dangerous installation is identified, we are required by law to report the situation to the gas transporter (Cadent Gas or the applicable network operator), and certain dangerous gas fittings must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). These notifications are statutory obligations. They do not constitute a breach of any confidentiality obligation in these terms, and they do not entitle you to any claim against us. No payment dispute, existing contractual arrangement, or customer objection will delay or prevent a statutory notification.

7.5 Gas Safety and Payment Disputes

No payment dispute, outstanding invoice, or commercial disagreement shall delay, defer, or condition any gas safety action required by our statutory obligations. Where a gas safety issue is identified during works that are otherwise subject to a payment dispute, the gas safety action will proceed unconditionally. Payment obligations in respect of those safety works will be dealt with separately in accordance with Section 4 and Section 14 of these terms.

7.6 Commercial Gas - Additional Obligations

For commercial gas works carried out under the Apex Catering & Commercial Gas trading name, all relevant Gas Industry Unsafe Situations Procedure protocols apply, together with IGEM/UP/19 (commercial catering ventilation and gas interlocks) and BS 6173 where applicable. Commercial clients acknowledge that gas safety obligations take absolute precedence over commercial considerations and that any instruction to defer, ignore, or conceal a gas safety issue constitutes an instruction we are legally and professionally unable to follow. Any such instruction will be documented and retained.

7.7 Individual Gas Safe Registration

Where our tradesperson operates under their own individual Gas Safe registration in addition to or separately from registration 300765, that tradesperson bears primary responsibility for the specific gas works they personally carry out under that individual registration. We accept responsibility to you for the quality and compliance of all works commissioned through us regardless of the individual registration under which those works are certified.

7.8 Landlords - Statutory Gas Safety Duties

Where you are a landlord or a landlord's agent, you are responsible under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 for ensuring that a Gas Safety Check is carried out on every relevant gas appliance and flue at intervals of not more than 12 months, that a copy of the Landlord Gas Safety Record is given to existing tenants within 28 days and to new tenants before they move in, and that records are kept for at least two years. The check may be carried out up to two months before the expiry date of the previous record without losing the original renewal date. We will provide the Record on completion of a satisfactory check; where an appliance is classified ID or AR, the Record will say so and the appliance must not be used until rectified. You are also responsible, under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (as amended 2022), for providing a carbon monoxide alarm in any room containing a fixed combustion appliance (other than a gas cooker). Nothing we do transfers these landlord duties to us. We will, on request, advise on obligations arising under the Renters' Rights Act 2025 and the Housing Act 2004 (HHSRS) as they affect gas, heating and hot water provision.

7.9 Carbon Monoxide Alarms on New Appliance Installations

Approved Document J requires a carbon monoxide alarm to be provided whenever a fixed combustion appliance (including a gas boiler) is installed in a dwelling. We will supply and fit a BS EN 50291 alarm as part of any boiler or fixed appliance installation unless a suitable, in-date alarm is already present; the alarm will be itemised on the estimate.

8. Unvented Hot Water Systems — G3

8.1 Qualification and Compliance

The installation, commissioning, servicing, and repair of unvented hot water storage systems (including mains-pressure cylinders, combination units, and thermal stores) is notifiable work under Building Regulations Part G3. We are qualified and insured to carry out G3 works and to self-certify compliance through the relevant Competent Person Scheme. A Building Regulations Compliance Certificate will be issued on completion of all G3 installation works, and the installation will be registered with the manufacturer for warranty purposes where the manufacturer offers registration.

8.2 Safety Devices - Critical Warning

Unvented hot water systems operate at mains pressure and high temperature. They incorporate mandatory safety devices including: temperature and pressure relief valve (T&P/TPR valve); expansion relief valve; a tundish and D1/D2 discharge pipework; an expansion vessel or integral air gap; a control thermostat and a non-self-resetting thermal cut-out; and a pressure-reducing valve and check valve on the cold feed. The correct function of these devices is a matter of life safety. Tampering with, removing, bypassing, capping, blocking, or repositioning any safety device on a G3 system is illegal and life-threatening.

8.3 Customer Responsibility - Post-Installation Interference

Following completion and handover of a G3 unvented installation, we accept no liability for personal injury, death, scalding, explosion, flood, or property damage arising from:

• Interference with any safety device by any person other than a qualified G3 engineer;
• Connection of additional heat sources to the system without our written approval;
• Failure to have the system inspected and serviced annually by a qualified G3 engineer;
• Use of the system after a safety device has activated or discharged without obtaining a qualified engineer's inspection;
• Any modification to the system, its discharge pipework, or its controls not carried out by a G3-qualified engineer.

You accept full responsibility for any such consequence and agree to indemnify us against any claim arising from it. This clause is subject to Section 12.8.

8.4 Annual Servicing Obligation

G3 unvented systems require annual inspection and servicing by a qualified G3 engineer to maintain the manufacturer's warranty and to keep the safety devices in working order. Failure to obtain annual servicing may invalidate the manufacturer's warranty, prejudice your buildings insurance, and create a safety risk. Failure to maintain annual servicing releases us from liability in respect of system performance or safety after the first anniversary of installation.

8.5 Discharge Pipework

The tundish and D1/D2 discharge pipework of any G3 system must be correctly sized, routed, supported, and terminated in a safe, visible position in accordance with Building Regulations Part G3 and the manufacturer's instructions. Plastic pipework is not acceptable for the D2 discharge unless specifically certified for that use, and concealed or unterminated discharges are a G3 defect. Where we have installed discharge pipework and subsequently the property is modified, extended, or the pipework is altered by any person other than us, we accept no liability for the consequences of any such alteration.

8.6 Scald Protection

Hot water stored above 60°C can cause serious scalding within seconds. Where required by Part G3 (for example a bath in a new dwelling or a bathroom created by a material change of use) a thermostatic mixing valve (TMV) will be fitted. In other cases we will recommend TMVs where the occupants include children, elderly or vulnerable persons; if you decline that recommendation, the risk of scalding at the outlets is yours. Stored-water temperature will not be set below 60°C because of Legionella risk (Section 9.5).

9. Water Regulations, System Water Quality and Legionella

9.1 Water Supply (Water Fittings) Regulations 1999

All plumbing work we carry out will comply with the Water Supply (Water Fittings) Regulations 1999, which are enforced in this area by Anglian Water (or Essex & Suffolk Water where applicable). This includes: use of approved fittings and materials (WRAS/KIWA approved or otherwise compliant with the Regulators' Specifications); correct backflow protection at every point of use according to fluid category; correct pipe sizing, jointing and support; and prevention of waste, misuse, undue consumption and contamination. We will not install any fitting or arrangement that we consider to contravene the Regulations, even if instructed to do so.

9.2 Notifiable Plumbing Work

Under regulation 5, certain plumbing work must be notified to and consented by the water undertaker before it starts. This includes (among other things): the installation of a bath with a capacity over 230 litres; a bidet with an ascending spray or flexible hose; a single shower unit with a pump drawing more than 12 litres per minute; a reverse-osmosis unit or a water-treatment unit producing wastewater; a reduced-pressure-zone (RPZ) valve; a garden watering system not operated by hand; a pond or pool over 10,000 litres with automatic replenishment; and any water system in a building other than a house. Where our works fall within these categories we will tell you, and you authorise us to submit the notification on your behalf; consent may take up to 10 working days and the programme will be adjusted accordingly.

9.3 System Cleaning, Flushing and Water Treatment - BS 7593:2019

Central heating systems must be cleaned, flushed and dosed with an inhibitor in accordance with BS 7593:2019 whenever a new boiler, cylinder or heat pump is installed, and the system water should be tested annually and re-dosed as required. Boiler manufacturers' warranties are conditional on this being done and on an in-line system filter being fitted. Powerflushing will be carried out where the condition of the system requires it, which we will assess and explain to you; on old, corroded or previously leaking systems a powerflush may reveal existing weaknesses (pinholes, weeping joints, failed radiator seams) which are pre-existing defects and not caused by the flush.

If you decline cleaning, flushing, inhibitor, or a system filter that we have recommended, we will record your decision in writing and: we accept no liability for any subsequent contamination, sludge, blockage, noise, poor performance or component failure; the manufacturer's warranty may be void; and our workmanship guarantee under Section 12.2 will not extend to any part affected by system-water quality.

9.4 Lead Pipework

Lead supply pipes and lead-based solder are no longer permitted for wholesome-water pipework under the Water Regulations. Where we find lead we will notify you in writing and recommend replacement of the affected section. We will not make new joints in lead pipe on a wholesome-water supply. Any additional cost arising from the discovery and safe management of lead pipework is your responsibility and will be quoted separately before works resume.

9.5 Legionella

Legionella bacteria multiply in stored water between 20°C and 45°C. Landlords, managing agents, employers and those in control of non-domestic premises have duties under the Health and Safety at Work etc. Act 1974, COSHH 2002, the HSE Approved Code of Practice L8 and HSG274 to assess and control the risk. We design and set systems so that hot water is stored at not less than 60°C and distributed at not less than 50°C, and we will advise on dead-legs, little-used outlets, cold-water storage and temperature monitoring where we see them. A Legionella risk assessment is a separate service and is not included in any installation, repair or servicing visit unless expressly quoted.

10. Site Conditions, Discovery and Right to Stop Work

10.1 Hazardous Premises - Right to Stop Work

Our tradesperson has the right and duty to stop work and leave the Premises immediately if, in their professional judgement, the Premises or the works present an unacceptable risk to their health or safety, or to that of any other person. This includes but is not limited to: suspected ACMs; unidentified or unstable structural elements; unsafe electrical conditions; flooding or flood risk; aggressive or threatening behaviour, or any other hazard that cannot be immediately and safely managed. Stopping work for safety reasons does not constitute a breach of contract, and no charge is waived as a result of such a stop.

10.2 Asbestos - Suspected ACMs

If during the course of works our tradesperson encounters or suspects the presence of asbestos-containing materials (for example in old boiler casings, flue components, rope seals, textured coatings, floor tiles or pipe lagging), work will stop immediately in the affected area. The following then applies:

• You are responsible for commissioning and paying for an asbestos survey or sampling by a UKAS-accredited organisation; for non-domestic premises you must also provide any existing asbestos register, as the duty-holder under regulation 4 of the Control of Asbestos Regulations 2012.
• Works will not resume until a licensed (or, where permitted, suitably trained non-licensed) asbestos contractor has made the area safe and, where required, a clearance certificate has been issued.
• The cost of all asbestos surveys, testing, removal, and clearance is your sole responsibility.
• Our programme is suspended without penalty to either party during the asbestos investigation and remediation period.
• We accept no liability for delays, costs, or losses arising from the discovery of ACMs.

10.3 Concealed Pipework and Services

Before works begin you must tell us of any concealed pipes, cables, underfloor heating loops, or other services you know of in the areas where we will be working. We will use reasonable care and, where appropriate, detection equipment, but we accept no liability for damage to concealed services whose position was not disclosed to us and could not reasonably have been detected.

10.4 Concealed and Pre-Existing Defects

Our estimates and quotations are prepared on the basis of the visible and accessible condition of the Premises at the time of survey. Where concealed defects, pre-existing damage, substandard previous workmanship, or unexpected structural conditions are discovered during works, we will notify you immediately, pause the affected works, and provide a revised estimate for additional scope. We accept no liability for pre-existing defects or for any condition that was not visible or accessible at the time of estimate.

10.5 Frost and Weather Damage

We accept no liability for frost damage, freeze damage, or any weather-related failure of newly installed or existing pipework, systems, or appliances where: the property is left unoccupied or unheated; you fail to maintain a minimum property temperature sufficient to prevent freezing; condensate pipework installed externally by others is not protected; or the damage arises from circumstances after handover of completed works. Proper frost protection of heating and plumbing systems is the customer's responsibility following completion of works.

10.6 Third-Party Tradespeople

We accept no liability for defects, damage, failures, or additional costs arising from works carried out on the same Premises by other tradespeople, contractors, or DIY activity before, during, or after our engagement. Where other trades are present on site simultaneously, responsibility for any interface or coordination issues rests with you or your appointed Principal Contractor (Section 6.5), not with us.

10.7 Subcontractors

We reserve the right to engage suitably qualified and insured subcontractors to carry out all or part of the Services. We will ensure that any subcontractors we engage hold the qualifications and registrations required for the works they carry out. We remain responsible to you for the quality and compliance of all works commissioned through us, regardless of whether those works are carried out by us directly or by an engaged subcontractor. You may not instruct our subcontractors directly.

10.8 Making Good and Decoration

Unless expressly included in a written estimate, our price does not include making good of plaster, tiling, flooring, decoration, or boxing disturbed in the course of the works. We will leave the work area clean and tidy and will take reasonable care of your property, but some disturbance is unavoidable when pipework and cables are chased or lifted.

11. Photographs, Records and Data Protection

11.1 Authorisation to Photograph and Record

By allowing us onto your Premises you authorise our tradesperson to take photographs and make written records of: site conditions before, during, and after works; installed equipment, pipework, and components; any defect, non-compliance, or safety concern identified; any damage pre-existing at the time of our attendance; and the completed works. These records are made solely for the purpose of: documenting compliance and workmanship; supporting warranty and guarantee claims; providing evidence in any dispute; and meeting our professional and regulatory obligations under Gas Safe, CIPHE, and other schemes. We will not photograph people, or personal belongings unrelated to the works, without asking.

11.2 Retention of Records

We will retain photographs, job sheets, invoices, Gas Warning Notices, Landlord Gas Safety Records, compliance certificates, and all other works records for a minimum of six years from the date of the works (the limitation period for contract claims), and for longer where a regulatory scheme requires it. Records may be stored in paper or electronic form, including encrypted cloud storage. These records are our business records and remain our property, subject to your rights under data protection law.

11.3 Data Protection - UK GDPR

We are a data controller in respect of the personal data we hold about you and your property, under the UK GDPR and the Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025). We process your personal data (including your name, address, contact details, property information, and payment details) for the following lawful purposes:

• Performance of our contract with you (Article 6(1)(b) UK GDPR).
• Compliance with our legal obligations, including Gas Safe registration, Building Regulations self-certification, and tax obligations (Article 6(1)(c) UK GDPR).
• Our legitimate interests in maintaining business records, defending legal claims, and managing our business (Article 6(1)(f) UK GDPR).

We will not sell your personal data to any third party. We may share your data with: Gas Safe Register; Building Control or Competent Person Schemes; the water undertaker for Water Regulations notifications; manufacturers for warranty registration; our insurers; our accountant or legal advisers; and debt recovery agencies or the courts where necessary. We retain personal data for six years following the end of our contract with you, except where a longer retention period is required by law. You have the right to request access to, correction, or deletion of your personal data, and to object to processing based on legitimate interests, by contacting us in writing at Enquiries@greenstarcolchester.co.uk. You may complain to the Information Commissioner's Office (Section 16.3).

12. Satisfaction, Guarantees, Liability and Exclusions

12.1 Satisfaction and Right to Remedy

We are committed to providing a professional, top-quality service to every customer. If after we have carried out the work you are not wholly satisfied, please tell us in writing as soon as reasonably practicable and allow us and/or our insurers the opportunity to inspect and, where appropriate, to carry out remedial work. For domestic customers, this reflects your statutory right under section 55 of the Consumer Rights Act 2015 to require repeat performance, and our corresponding right to be given a reasonable opportunity to put things right before other remedies are pursued. A failure to allow us that opportunity may reduce or extinguish any claim for the cost of having the work done by someone else.

12.2 Workmanship Guarantee

We provide a 12-month guarantee on labour carried out by us in respect of faulty workmanship. This runs from the date of completion of works and is in addition to, and does not replace, your statutory rights and any manufacturer's warranty. The guarantee applies only where full payment has been received and does not apply if:

• The works or appliance are subject to misuse or negligence.
• The works or appliance are repaired, modified, or tampered with by anyone other than our tradesperson.
• For G3 unvented systems: any safety device has been tampered with (see Section 8.3).
• Annual servicing or system-water treatment obligations (Sections 8.4 and 9.3), where applicable, have not been met.

12.3 Guarantee Exclusions

No guarantee is given in respect of:

• Blockages in waste or drainage systems, beyond the day of clearance.
• Any work carried out on your instruction and against the written or verbal advice of the tradesperson, where that advice has been recorded.
• Work on installations of inferior quality or over ten years old, where no warranty is given as to the continuing effectiveness of the existing installation (our own workmanship remains guaranteed).
• Consequential damage or fault arising from materials supplied by you.
• Any non-related fault arising from recommended works that have not been carried out by us.
• Frost, weather, or flood damage (see Section 10.5).
• Damage caused by third-party tradespeople (see Section 10.6).
• System-water-related failures where recommended cleaning, inhibitor or filtration was declined (see Section 9.3).

12.4 Manufacturer Warranties

Equipment and materials carry manufacturer warranties which we will register (where the manufacturer offers registration) and assist in claiming, but do not extend or adopt. We accept no liability for failure of a manufacturer to honour their warranty. For domestic customers, this does not affect your rights against us under the Consumer Rights Act 2015 in respect of goods we supplied that are not of satisfactory quality.

12.5 Maximum Liability

Subject to Section 12.8, our total aggregate liability for any claim arising out of or in connection with these terms and the Services is limited to the greater of: the total amount paid by you for the specific Services giving rise to the claim; or the amount recoverable under our public liability insurance in respect of the claim (currently £1,000,000 per occurrence).

12.6 Excluded Losses

Subject to Section 12.8, we are not liable for: consequential or indirect losses; loss of profits or business; loss of use of the property or any part of it; damage to items not directly related to our works; pre-existing defects or damage; losses arising from third-party contractor defects; frost or weather damage; or losses arising from your failure to comply with manufacturer's maintenance requirements. For domestic customers, we remain liable for losses that were a foreseeable result of our breaking this contract or failing to use reasonable care and skill.

12.7 Notification of Claims

You must notify us in writing of any claim or alleged defect as soon as reasonably practicable after you become aware of it, and in any event within 12 months of completion of the works for the purposes of the workmanship guarantee in Section 12.2. Nothing in this clause shortens the statutory limitation period for a domestic customer's claim under the Consumer Rights Act 2015.

12.8 Liability We Do Not Exclude

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015 (services) or sections 9 to 17 (goods) in a contract with a domestic customer; or any other liability that cannot be excluded or limited by law (Unfair Contract Terms Act 1977, sections 2 and 3; Consumer Rights Act 2015, sections 31, 57 and 65). Every exclusion, limitation and indemnity in this document is to be read subject to this clause.

13. Customer Conduct, Reviews, Penalties and Claims

13.1 Professional Relationship

You agree to maintain a professional and respectful relationship with our staff and to refrain from any inappropriate behaviour, harassment, threats, intimidation, or unreasonable demands. We reserve the right to withdraw from works immediately without penalty to us if you or any person at the Premises behaves in a manner that is threatening, abusive, or unsafe.

13.2 Fair and Accurate Reviews

You are free to provide feedback or reviews about our services, positive or negative, provided such feedback is fair, accurate, based on genuine personal experience, not false, not misleading, not defamatory, not abusive, and not malicious in intent. Fake reviews, and reviews that conceal a connection to a competitor, are banned commercial practices under Schedule 20 of the Digital Markets, Competition and Consumers Act 2024. Factual complaints made in good faith to Gas Safe Register, the Health and Safety Executive, Trading Standards, the Competition and Markets Authority, or any other legitimate regulatory authority are expressly excluded from Sections 13.5 and 13.6 and will never attract a penalty.

13.3 Pre-Review Contact - Request

Before publishing any negative review, complaint, or public criticism (on Google, Trustpilot, social media, trade websites, or any public forum) we ask that you:

1. Contact us first in writing at Enquiries@greenstarcolchester.co.uk.
2. Provide full details of your complaint or concern.
3. Allow us 14 days to investigate and attempt to resolve the matter.
4. Engage in good faith with our resolution process.

This is a request, not a condition of your right to post a genuine review, and it does not prevent you from reporting safety concerns to Gas Safe Register, the HSE, or any other regulatory authority, from seeking legal advice, or from making factual complaints to Trading Standards or other bodies. A review published without first giving us a chance to resolve the matter is not, in itself, a breach of these terms; what matters is whether the review is true.

13.4 Prohibited Conduct

You specifically agree not to publish or communicate: any knowingly false or misleading information about our services; any review written by, or at the request of, a competitor or a person with no genuine experience of our services; any confidential information, or photographs or video recordings of our staff, without written consent; or any review disclosing personal information about our staff (such as home addresses or personal telephone numbers) or commercially sensitive business details.

13.5 False or Manipulated Reviews - Liquidated Damages

Any review, complaint, or allegation against us that is proven to be false, manipulated, fabricated, or deliberately misleading (whether on Google, Trustpilot, social media, or to any authority) will attract the following sums, payable as liquidated damages upon proof of falsity or manipulation:

• £150.00 per incident, payable within 7 days of written notification.
• If unpaid after 7 days: an additional £307.66 per 7-day week or part thereof for so long as the false review remains published. This figure represents our documented approximate loss per week per false review as evidenced by analytics and business performance data held on file.
• Reasonable time and labour costs in addressing the false review may be recovered in addition.

This clause applies only to proven false or manipulated reviews. Genuine, factual reviews - however negative - are not subject to it. Legitimate safety complaints to Gas Safe or HSE are expressly excluded. The sums are intended as a genuine pre-estimate of loss and as protection of our legitimate interest in an accurate public record, consistent with the test in Cavendish Square Holding BV v Makdessi [2015] UKSC 67; the supporting loss calculation is held on file and available on request.

13.6 Unsubstantiated Claims

Where a claim made against us is found to be unsubstantiated by a court of competent jurisdiction, an arbitrator, a Gas Safe Register inspector, an HSE inspector, or another competent independent authority, we will seek to recover our documented costs of dealing with that claim, up to a maximum of £2,000, with 50% payable within 14 days of the finding and the balance payable over 52 weeks by agreement. Where the sum remains unpaid we reserve the right to pursue recovery through the courts, together with interest under Sections 4.9 or 4.10 and any costs awarded. Any spurious claim will additionally attract a diagnosis and analysis fee of 2 x £55 per engineer for each separate incident attended in connection with the claim.

Nothing in this clause affects your right to pursue a genuine claim against us, or to have that claim determined by a court. It applies only after an independent finding that the claim was unsubstantiated. The previous open-ended weekly escalation to £100,000 has been removed in this version because an escalating sum unrelated to actual loss is unlikely to be enforceable against a domestic customer under Part 2 of the Consumer Rights Act 2015.

13.7 Gas Defects - Payment in Dispute

Where gas safety works have been carried out under Section 7.5 while a payment dispute is ongoing, payment for those safety works is due within 7 days of the invoice. Sums unpaid after that date accrue interest and (for commercial customers) statutory compensation under Sections 4.9 and 4.10, and outstanding amounts must be settled before any further non-safety works are commenced. Gas safety actions themselves are unconditional and proceed regardless of payment status.

13.8 Works Under Duress

Any works imposed upon us without our agreement, or instructed under duress, threat or intimidation, will attract no guarantee from us. Claims arising from works carried out under duress will be treated as invalid to the extent permitted by law, and will be subject to a diagnosis fee of 2 x £55 per engineer per incident. Any claim against works said to have been agreed by inference or tacitly, without our prior written agreement, is likewise disputed. This clause is subject to Section 12.8.

14. Dispute Resolution

14.1 Complaints - First Step for All Customers

In the event of any complaint or Dispute, all customers (domestic and commercial) must first follow the complaints procedure in Section 16.2. We will acknowledge receipt within 3 Working Days and provide a substantive response within 14 days. Many disputes can be resolved at this stage without further action.

14.2 Alternative Dispute Resolution - Domestic Customers

If we are unable to resolve a domestic customer's complaint through our internal procedure, we will tell you so in writing and, as required by the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, will identify a certified ADR provider competent to deal with the dispute and state whether we are prepared to use it. We are not currently a member of a trade-association ADR scheme; we will consider mediation or ADR through a certified provider on a case-by-case basis.

14.3 Domestic Customers (B2C) - Court Rights Preserved

Nothing in this Section 14 removes, limits, or qualifies a domestic customer's right to:

• Bring a claim in the County Court (including the small claims track, currently for claims up to £10,000).
• Report safety concerns to Gas Safe Register, the HSE, or any regulatory authority.
• Seek advice from Citizens Advice, Trading Standards, or other consumer bodies.
• Rely on all rights under the Consumer Legislation and any other applicable consumer protection law.

For domestic customers, arbitration under Section 14.6 is offered as a voluntary alternative to court proceedings, not as a substitute. You may choose arbitration or court. We will not refuse to engage with a domestic customer who chooses to pursue their claim through the courts. An arbitration agreement with a domestic customer is of no effect for claims of £5,000 or less (Arbitration Act 1996, section 91; Unfair Arbitration Agreements (Specified Amount) Order 1999).

14.4 Commercial Customers (B2B) - Mandatory Arbitration

For commercial customers (B2B), Section 14.6 provides mandatory binding arbitration for all Disputes except those within the small claims track jurisdiction (currently up to £10,000). By engaging our services as a commercial customer you agree to resolve all Disputes through binding arbitration in accordance with Section 14.6 before commencing any court proceedings (save for small claims, applications for interim relief, and enforcement of an award).

14.5 Collective Proceedings Waiver - Commercial Customers

COMMERCIAL CUSTOMERS AGREE TO THE FOLLOWING WAIVER.

Neither you nor we will seek to have a Dispute heard as a collective proceeding, representative action, Group Litigation Order, or in any other proceeding in which either party acts in a representative capacity. If this waiver is found to be unenforceable, all Disputes shall proceed as individual claims. Domestic customers are not bound by this clause, but we ask that any dispute be raised individually so that it can be resolved on its own facts.

14.6 Arbitration Process

Where arbitration is agreed (domestic) or required (commercial), it shall be conducted under the rules of one of: the RICS Dispute Resolution Service; CEDR (Centre for Effective Dispute Resolution); or the Chartered Institute of Arbitrators as selected by the initiating party. The Arbitration Act 1996, as amended by the Arbitration Act 2025, governs all arbitration proceedings under these terms; the seat of arbitration is England and Wales and the law of the arbitration agreement is the law of England and Wales.

Before commencing arbitration, the claiming party must send a written Notice of Dispute to the other party setting out: full contact details; a detailed description of the Dispute; and the specific remedy sought, including any monetary amount. Following receipt of a Notice of Dispute, both parties will attempt informal resolution within 60 days, including at least one Resolution Conference (in person, by telephone, or by videoconference). Arbitration may not be commenced until after the 60-day informal resolution period has elapsed, unless a limitation period would otherwise expire.

Arbitration will be conducted by a single neutral arbitrator; may be in person (Colchester, Essex), by written submission, or by videoconference; and the arbitrator may award damages, declaratory relief, or injunctive relief, and may make a summary award on issues that have no real prospect of success (Arbitration Act 1996, section 39A). The arbitrator may not combine or consolidate claims from multiple claimants.

14.7 Arbitration Costs

If we initiate arbitration, we pay the initial filing fee and our own costs. If you initiate arbitration, you pay the initial filing fee and your share of the arbitrator's fees under the arbitral body's rules, unless the arbitrator orders otherwise. The arbitrator may award costs against either party, having regard to the conduct of the parties and the principles of the Civil Procedure Rules.

14.8 Settlement Offers

Either party may make a Part 36-style written settlement offer at least 14 calendar days before any arbitration hearing. An offer not accepted within 21 days is deemed withdrawn. If the rejecting party fails to obtain a better outcome than the offer, the arbitrator may award the offering party's costs from the date the offer could have been accepted.

14.9 Domestic Customer Opt-Out

Domestic customers may opt out of the arbitration provisions in this Section 14 at any time within 30 days of first engaging our services by sending written notice to Enquiries@greenstarcolchester.co.uk, including: your full name and address; contact details used when engaging us; the property address; and a statement that you opt out of arbitration. Opting out does not affect any other part of these terms. Because arbitration is voluntary for domestic customers in any event, an opt-out is confirmation of your choice rather than a condition of it.

14.10 Survival and Governing Law

This dispute resolution agreement survives termination of the contract, completion of Services, full payment, and any variation or cancellation of this Agreement. These terms and all disputes arising from them are governed by and construed in accordance with the law of England and Wales. All non-arbitrable disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that a domestic customer resident in Scotland or Northern Ireland may also bring proceedings in their home courts.

15. General Provisions and Consumer Rights

15.1 Consumer Rights - Statutory Protections

Nothing in these terms affects your statutory rights. For domestic customers, the following legislation applies in full and, to the extent of any conflict, takes precedence over these terms:

• Consumer Rights Act 2015 - services must be performed with reasonable care and skill, within a reasonable time and for a reasonable price (where not agreed); goods must be of satisfactory quality, fit for purpose and as described; Part 2 renders unfair terms non-binding on the consumer.
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - pre-contract information and the 14-day cancellation right for off-premises and distance contracts (Section 5.4 and the Schedule).
• Digital Markets, Competition and Consumers Act 2024, Part 4, Chapter 1 - prohibition of unfair commercial practices (replacing the Consumer Protection from Unfair Trading Regulations 2008 from 6 April 2025), including the ban on fake reviews.
• Supply of Goods and Services Act 1982 and Unfair Contract Terms Act 1977 for commercial customers.

15.2 Electronic Signatures and Acceptance

Your acceptance of these terms may be given: in writing (including email or messaging); by electronic signature; by clicking to accept where presented online; by verbal agreement confirmed in writing; or by allowing us to commence works following receipt of these terms. All such forms of acceptance constitute a binding agreement. We may rely on electronic records of acceptance in any dispute. Domestic customers will be given a copy of these terms, the estimate and the cancellation information on a durable medium (paper or email) at or before the time the contract is made.

15.3 Severability

If any provision of these terms is found to be unlawful, void, unfair, or unenforceable, it shall be severed (or, where possible, read down to the extent necessary to make it enforceable) without affecting the validity and enforceability of the remaining provisions.

15.4 Entire Agreement

These terms, together with the written estimate or quotation and any pre-contract information given to a domestic customer, constitute the entire agreement between us and supersede all prior agreements, representations, or understandings. These terms may not be varied except in writing agreed by both parties. Our terms prevail over any terms and conditions submitted by a commercial customer.

15.5 Assignment

We may assign these terms to any successor business or purchaser of our business, provided your rights are not reduced. You may not assign your rights or obligations under these terms without our prior written consent.

15.6 Waiver

Our failure to enforce any provision of these terms on any occasion does not constitute a waiver of our right to enforce that provision on any future occasion.

15.7 Confidentiality

Both parties agree to keep confidential commercially sensitive information learned during our business relationship, including pricing, commercial terms, and business methods. This obligation does not prevent: disclosure required by law, court order, regulatory authority, insurer, or arbitration proceedings; a domestic customer obtaining independent advice or a second opinion; or any person reporting a safety concern. It survives termination of our relationship.

15.8 Electronic Communications

You consent to receive notices, invoices, certificates, and other communications electronically at the email address you have provided. Electronic communications satisfy any requirement for communication to be in writing. You are responsible for keeping your email address current and for checking it regularly.

15.9 Third Party Rights

Except where these terms expressly say otherwise, no person other than you and us has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

16. Contact and Legal Notices

16.1 Service Enquiries

Telephone: 01206 437007 / 07455 107724
Email: Enquiries@greenstarcolchester.co.uk
Address: Wellesley Ford t/a Greenstar Powerflushing, Gas, Plumbing and Heating, 31A North Station Road, Colchester, Essex, CO1 1RQ

16.2 Legal Notices and Complaints

All complaints, Notices of Dispute, legal notices, cancellation notices, pre-review contacts, Gas Warning Notice queries, data-protection requests, and arbitration opt-out notices must be submitted in writing to: Enquiries@greenstarcolchester.co.uk, or by post to the address above.

We will acknowledge receipt within 3 Working Days and provide a substantive response within 14 days.

16.3 Regulatory and Advice Contacts

• Gas Safe Register: 0800 408 5500 to check an engineer's registration or report a gas safety concern.
• HSE Gas Safety Advice Line: 0800 300 363 for gas incidents and RIDDOR reporting.
• Information Commissioner's Office (data protection): 0303 123 1113.
• Citizens Advice consumer helpline: 0808 223 1133.
• Anglian Water (Water Regulations): 0345 791 9155.
• WaterSafe (approved plumbers register): www.watersafe.org.uk.

Greenstar Powerflushing, Gas, Plumbing and Heating
Apex Catering & Commercial Gas | Colchester Powerflushing
Proprietor: Wellesley Ford (sole trader) | Gas Safe: 300765 | CIPHE: 128207 | G3 Unvented | 18th Edition
Version 2026.5 | Effective 19 September 2026
2026 Wellesley Ford t/a Greenstar Powerflushing, Gas, Plumbing and Heating. All rights reserved.

Please refer to this document for the most up-to-date version of these terms and conditions.