Thank you for choosing one of our heating maintenance services. Please read this terms & conditions document carefully as it contains important information regarding the terms and conditions of the contract between you and us. This is not a contract of insurance, a guarantee or an insurance policy. You are entitled to cancel this contract within 14 days, if you do not cancel the contract then you agree to be bound by the contract for the service period. The service period is 12 months from the start date which is set out in the covering letter enclosing these terms.

General Conditions

• The contract will be legally binding on you and us from the date on which you agree whether by telephone, online or by signing an agreement to take out a service plan with us. Please note your right to cancel within 14 days as described below.
• Even though the contract is legally binding from the date on which you agree to take out a service plan, we will not provide any services under the contract before the start date (the start date is set out in the covering letter enclosing these terms).
• Your service plan entitles you to one annual service visit and emergency call outs. You can only request a call out (other than a planned service visit) in an event of a breakdown or event of an emergency.
• If you have a service plan you are entitled to receive a maximum discount of £500 (silver plan) or £750 (gold plan) and £250 (only for central heating) against the cost of applicable repairs to your boiler or central heating system for the duration of your service period.
• We will cover the cost of applicable emergency repairs on your behalf up to the amount of the discount referred to in clause 4, depending on your service plan.. The cost will be charged at our standard charge rates (rate card available on request), or, if higher against the actual charges applied by our contractors.
• New service plans opting to pay monthly are entitled to a maximum discount of £100 in the first 60 days and £250 on the first 90 days against repairs to your boiler and central heating system.
• If your boiler is deemed to be beyond economical repair, we will provide you with a discount of:
  - £500 against the cost of a new boiler, if your boiler is less than 7 years’ old.
  - £250 against the cost of a new boiler, if your boiler is more than 7 years’ old.
  Less the discount provided on any repairs already completed. We may require your installation documentations to confirm the age of your boiler. This discount is only available if you engage us to replace your boiler.
• Any failure of the heat exchanger will mean your boiler will be deemed beyond economical repair.
• If we cannot repair your boiler or central heating system due to availability of parts we will deem your boiler beyond economical repair.
• We are entitled to use subcontractors for any services.
• We will try to contact you up to three times by telephone to arrange your annual service. If we don’t hear back, we will send a further notice through the post, we won’t make another attempt. It is your responsibility to arrange your annual service.
• If you have opted to pay for your service plan monthly, you may only request your annual service after the first 6 months of your service period.
• We maintain a 30-day exclusion period for new service plans, for renewed service plans no exclusion period will apply. The exclusion period starts on the start date, during this exclusion period we will not be required to provide an emergency call out service unless you agree to pay a deposit of £80.
• After the initial cancellation period (14 days from the date of this agreement), you cannot cancel your service plan until the completion of the agreed service period.
• Prior to the end of your service period we will send you your new service plan, to let you know of any changes in our prices, services or terms and conditions. Your service plan will automatically renew for another year on your renewal date unless you confirm you do not wish to renew, in writing or on telephone before your renewal date.
• We will give you at least 10 days’ written notice in advance of your account been debited.
• During the term of your service plan you must not instruct an engineer to carry out any repair to your boiler without our authorisation. You must engage us or an improved engineer for any repairs that are not included in this service plan.
• It is your responsibility to let us know if you move property or change your boiler.
• Other than you no other person(s) can benefit from your service plan.
• Your full compliance with the terms and conditions of this service plan is necessary before call-out or service request will be processed.
• We are required to carry out our services with reasonable skill and care and in accordance with the terms of this agreement.
• You agree to cooperate with us and our contractors and provide access to the boiler and such reasonable assistance as may be requested.

Liability

• If you are a consumer your statutory rights are not affected by any of these terms and conditions.
• Any claim by you which is based on any defect in the services provided must be notified to us as within a reasonable time after discovery of the defect.
• We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
• We are not liable for business losses. We only supply the services for domestic and private use.
• Our liability under or in connection with this Agreement is limited to the cost of our Service plan.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

Silver & Gold Plan Exclusions

The following will not be covered by your service plan:

• The cost of replacing a boiler (see above for applicable discounts).
• Any claim which is not an emergency and not amounting to a breakdown other than a planned service visit.
• Any problem relating to the initial installation of your boiler or central heating system.
• Any pre-existing fault in your boiler which existed at the time your service plan is taken out.
• Resetting or adjusting of time and temperature controls (internal or external).
• Routine re-pressurisation of your boiler.
• Inherent or recurring manufacture design fault.
• Work under taken by a third party, which results in damage to your boiler or central heating system.
• Any repairs where an engineer has previously identified that maintenance work is required to prevent a future break down.
• Any repairs relating to a lack of or variation of Gas, Water or electricity supplied to your boiler or central heating system.
• Any repairs relating to sludge, scale, rust or corrosion within your boiler or central heating system, or damage caused by corrosion water or water with a high chemical content.
• Any repairs that are because your boiler or your central heating system has not been serviced with in the last 12 months, a copy of your service documentation may be required for our records.
• Any problem cause by fire, lightening, floods, storms, frost, explosion or similar causes.
• Any problems cause through negligence or misuse of your boiler or central heating system.
• Any repairs relating to flues or flu liners or external of the property (including replacement of flues).
• Any repairs involving difficulties accessing your boiler or central heating system. Including but not limiting to; the fabric of the building, lifting of laminated wood or specialist flooring.
• Where there is any other risk to the safety, security or wellbeing of any of our staff or contractors (including, but not limited to, where there is any threatening or aggressive behaviour towards our staff or contractors).
• The cost of any repairs to damaged walls, tiles, furnishings or decoration that may be required following a call out or service visit unless we have been negligent.
• Any upgrades or improvements required to bring your boiler or your central heating system up to current standards or legislations
• Any servicing or repair to any commercial boilers (including, but not limited to, boilers with a heat input capacity in excess of 70kW).
• Any repair or replacement that involves contact with asbestos to complete.
• Any repair, replacement or continued servicing of your boiler once it has been deemed beyond economical repair.
• Any repair that is identified by a result of an intermittent defect on your boiler or central heating system.

Charges Default

You may be charged:

• For any reasonable costs expenses, whether legal or administrative, which we incur in obtaining payment by you of any sums overdue.

Missed Payment

• If you miss any payment due under this Agreement we may terminate it, if we do, and you do not pay any outstanding payments this could have severe consequences for your finances and make taking out a new agreement more difficult.

Legal Conditions

• All prices stated are inclusive of VAT.
• We will use the information you give us or which we have legally received from any other organisation or person, to set up and manage your service plan with us. We may share it with all relevant industry organisations based on agreed industry processes.
• Nothing in these terms and conditions affect your statutory rights as a consumer. Any information regarding your statutory rights you should contact the citizen’s advice bureau.
• This service plan is governed by the laws of England and Wales and is subject to the exclusion jurisdictions of the courts of England and Wales.

Contact Telephone

• Our annual service is designed to leave you with a central heating system that will continue to function until your next annual service. If your central heating system breaks down before we carry out your next annual service (and before this contract ends) please contact our 24 hour customer helpline.

Right of Withdrawal and Cancellation

• Every service plan purchased is subject to a 14 day cancellation period. Cancellation period starts on the day the agreement is entered into (being the date on which you agree whether by telephone, online or by signing an agreement to take out a service plan with us) and ends 14 days later.
• Please note that if you ask us to provide services within the 14 day cancellation period (which may require payment of a deposit) then you will still be entitled to cancel but you will be required to pay us for the services provided.
• To exercise your right to cancel within the cancellation period please inform us of your decision to cancel with a clear statement (e.g. by email, telephone or post). You can use the cancellation form attached to these terms (but you do not have to do so).
• If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you.
• We may make a deduction from the reimbursement for the cost of any services supplied during the cancellation period. If you requested that we provide services during the cancellation period, you agree to pay us a proportionate amount for the services provided.
• We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• We may cancel the contract immediately if a) you provide false information; or b) you cancel your Direct Debit instruction with your bank and you do not set up a replacement Direct Debit instruction; or c) you fail to make your first Direct Debit payment.

Data Protection

• We will only share your personal information with other bodies when it is essential for the completion of your repair. This may involve informing our approved engineers of your name, address and the repair required, and communicating with manufacturers to receive the parts required for your repair.
• We comply with the General Data Protection Regulation. In accordance with the GDPR we have published a privacy notice (available on our website) which sets out how we collect and process personal information. We agree to comply with the terms of the privacy notice.

RIGHT OF WITHDRAWAL – WHEN YOU CAN WITHDRAW FROM THIS AGREEMENT

You may withdraw from this Agreement once it is made without giving reason, the period in which you can exercise your withdrawal right is 14 days beginning the day that you receive your service agreement.