In these terms and conditions;
“Agreement” refers to the agreement between you and us, comprising the Order and these terms and conditions;
“BER” means beyond economic repair as defined in clause 10;
“Order” means your order for services;
“Services” means the services to be supplied by us to you;
“We” or “us” refers to Expert Heat Limited;
“you” refers to you, the customer.
- Basis of Contract
An Agreement will come into existence when we have given notice to you that we have accepted your Order. We reserve the right to refuse any Boiler Care Plan Order request.
The Agreement constitutes the entire agreement between the parties and supersedes any prior statement, promise, representation, assurance or warranty made or No variation shall be effective unless it is agreed in writing and signed by us.
- Product cover
We shall provide the services to you, as set out on the Order.
Cover is only available to domestic dwellings for natural gas boilers.
Cover is only available to new customers on Boilers under 7 years old. Cover does not affect your manufacturer warranty.
Cover is only available to the homeowner.
Your cover will commence on the date shown on your agreement for a period of twelve months from that date and will be renewed in accordance with these terms and conditions.
The Agreement remains in full force and effect unless and until terminated by either us or you in accordance with these terms and conditions.
In the case of the first year’s cover no claim can be made in the first 28 days of cover from the date shown on the agreement.
We will give you not less than 28 days’ notice prior to the renewal date of any changes to your Agreement or prices for the next period of the agreement. Unless you tell us that you do not want to renew prior to the renewal date, we will automatically renew the Agreement for another fixed period of a year.
- First service/initial inspection prior to contract
Where applicable within 28 days of the commencement of the Agreement we will inspect the installation / boiler to ensure that it is in safe working order and that it has been installed to the manufacturer’s instructions.
If the boiler/system passes the initial inspection, we will take your system/boiler on cover. In the case that rectification work is required we will either:
Inform you of what rectification work is required, and what the cost will be to have the work undertaken, or
offer you the same agreement but exclude the part/parts that require attention.
If you cannot provide proof of boiler service history and/or your boiler has been serviced more than 12 months ago, we will require a full strip down service to be undertaken at a cost to you. We will provide this service at a discounted rate of £150 inclusive of all standard service parts required and labour, as part of the care plan sign up agreement.
- Annual Service
We will notify you in writing via email or by telephone that your system is due for its annual service. It is your responsibility to respond to the notification and contact us to arrange an appointment.
You should contact us if an incident occurs at your property for which you have cover with us and we will make an appointment with one of our engineers.
There is no limit to the amount we will pay per claim or to the amount of claims for which you are covered, providing your boiler is not BER.
- Parts and components
New parts will only be fitted when the existing part is beyond repair. If we cannot fit the same part we may fit alternative parts that are adequate and of the same quality but are not exactly the same.
If spare parts are not available or will take longer than 28 days to source, we will not be able to complete your order. In this event we can no longer offer you central heating breakdown cover and will make a contribution of £200 towards the cost of a new boiler purchased from us. You will be transferred to a similar policy without cover for central heating included. Your premium will be adjusted accordingly and a proportionate refund (calculated daily) in respect of the difference between the premium for your old policy and the premium for your new policy will be given with respect to any annual or quarterly payments that have been made in advance. If your premium is paid monthly, you will not receive any refund and the new premium shall take effect from your next monthly payment. If a similar policy without central heating is not available, your policy will be cancelled in accordance with clause 23 “Cancellation and Termination”.
- Boiler replacement for Platinum+ Boiler Care Plan
Only available for boilers installed by Expert Heat Limited. Boiler must have been regularly maintained.
If you take out our Platinum+ Boiler Care Plan, we will provide you with a new replacement boiler if your boiler is beyond economic repair and within the manufacturer’s warranty period.
Once your boiler’s manufacturer warranty period comes to an end, you will automatically be transferred on to our Platinum boiler care plan.
- Beyond Economic Repair (BER)
If the total cost of parts (including VAT) required to repair the boiler exceeds 55% of the manufacturer’s current retail price (or if this is not available, this average current retail price available through leading UK suppliers) for a boiler of the same or similar make and model to your boiler or the then current version of your boiler, it will be deemed to be beyond economic repair (“BER”).
The following are not covered under any Agreement:
- Any event, loss or damage arising from circumstances known to you before your policy start date.
- Any work required as a result of:
- Damage caused by either you or someone else;
- Damage caused by problems with the supply of gas, oil, electric or water.
- Damage caused by floods, lightning, storms, frost, or extreme weather conditions.
- Damage caused arising as a result of disconnection from or interruption to the gas, oil, electric or water mains services to the property.
- Damage caused where the property has been unoccupied for 60 or more consecutive days.
- The Boiler and/or any equipment not being serviced or maintained regularly.
- The Boiler and/or any equipment not being installed to British Standards and/or the manufacturer’s instructions.
- Any inadequacy of the installation of the system that we could not, using reasonable care and skill, identify on our first visit or repair callout.
- Failure of components which would have been prevented by complying with our recommendations
The following services are not provided as part of our standard policies:
- Work to heating appliances such as; kick space heaters or fan assisted heaters, designer radiators, cast iron radiators, dual fuel kits and controls, immersion heaters, primatic cylinders, custom made cylinders and thermal stores.
- Replacement of decorative parts.
- Supplying or installing of batteries to wireless controls.
- Venting of radiators.
- Any situation where due to statutory requirements, a specialist person is required, g. where asbestos is present.
- Repairs/replacements required due to changes in legislation/health and safety
- Work to curved radiators (see clause 14).
- Removal of sludge, power flushing and other maintenance work required to prevent future breakdown.
- Topping up of pressurised systems, i.e., combination boilers and system boilers.
- Damage to external flue component and terminal guards. Repairs or replacement flues including the terminal with a re-setting of time controls and/or thermostats.
- Supply the addition of inhibitors.
- System noise caused by the age of the boiler/ system.
- Work which is covered by manufacturer’s warranties.
- Obtaining access to inaccessible equipment.
- If your boiler is ‘boxed’ in, we will remove the boxing at our discretion, however, we will not accept liability for any damage caused, re-fitting / repairing the boxing or contributing to the cost of doing so.
- Repairing or replacing parts of your central heating system that are specifically designed for underfloor heating or warm air systems.
- Appliances or equipment connected to pipework g. taps, showers, WC cisterns etc.
- Electrical work.
- Where we are replacing or fitting a boiler, any work required to move the position of the boiler, if the boiler flue specification is changing or if gas or oil pipework upgrade is required.
- Additional charges
We shall be entitled to charge at our standard call out charges in the following circumstances:
Call outs where no fault is found.
Where we agree to provide any services that fall under clause 11. ‘Exclusions’.
- Maintenance Work / Power Flushing
We may at any time recommend that maintenance work is carried out to your boiler or that your system is power flushed. Where this is not covered by the boiler care plan, a quote will be given to undertake the works. If the work is undertaken by another company, proof may be required.
Where we have carried out a power flush, should the system require another power flush in the future whilst an agreement is in place between us there will be no charge, as long as you have got a magnetic system filter
Where we recommend other maintenance work is carried out, we will be unable to offer any cover for the affected part of your system until this work is completed by a competent, gas safe registered engineer to our satisfaction.
- Curved Radiators
If you have a curved radiator which we have agreed to replace, we will:
Fit a similar sized radiator on an adjacent ‘flat’ wall including any alterations to existing pipework, or;
Fit a curved radiator, supplied by you, to the existing wall space.
Where clause 1(b) applies, we accept no responsibility for any leaks to the radiator as a result of manufacturer fault.
- Change of Ownership and Moving House
We may agree to the Agreement being transferred to the new owner of your property, subject always to the new owner entering into an agreement with us confirming that they are bound by these terms and conditions.
Where you want the Agreement to continue with you, for a different property, please notify us as soon as possible. When we have received your new address, we will transfer your details/agreement to your new address. We will then arrange an initial service inspection for you.
- Gas Supply Cover
Gas Supply Cover can be added to your agreement, at an additional cost of £3 per month.
This covers parts and labour for the internal gas supply pipework within the property from the gas meter to the boiler and any other gas appliances.
- Gas Fire Servicing
Annual Gas fire servicing can be added to your agreement, at an additional cost of £8.25 per fire per month.
This covers an annual service and does not include any repair work. Any repair work will be charged separately, with a quotation provided before proceeding.
- Gas Leak
If you think you have a gas leak you MUST immediately call the National Gas Emergency Service (Cadent) on 0800 111 999.
- Limitation of Liability
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the agreement or the services.
Nothing in these Conditions shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
We shall be entitled to suspend provision of Services if any payment is overdue or if we have the right to cancel under these terms and conditions (See Cancellation below). During the period of suspension, you will not be entitled to make any claim.
- Statutory Cancellation
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email).
- Cancellation and Termination
Notwithstanding your statutory rights of cancellation under clause 22. You can cancel your agreement at any time in writing to us, giving 28 days’ notice in writing.
If you cancel your agreement in the first year, we will charge for any work carried out (parts & labour) under the agreement within that year. These will be charged at our standard rates.
In the event of a cancellation, we reserve the right to charge at our current hourly rate with the addition of any parts used, for any work already carried out prior to cancellation.
We reserve the right to terminate your agreement on giving immediate notice to you in the following circumstances:
You have provided false information to us.
You fail to make a payment that is due and such payment remains overdue 30 days after the due date.
If circumstances change to alter the installation/design of the system, i.e. kitchen units/cupboards built around appliances, building extensions etc.
If Health and Safety issues make it inappropriate for our engineer to work safely.
Under any provision of these terms and conditions that allow us to terminate.
- Force Majeure
We shall not be liable to you as a result of any delay or failure to perform our obligations as a result of an event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure or delay of manufacturers or suppliers, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
We may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under an agreement and we may subcontract or delegate our obligations to any third party.
Save as permitted by clause 16, you shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under an agreement.
Notices under these terms and conditions can be delivered by hand, post or email.
A notice given by us to you shall be in writing and sent to the party at the address or email address. given in the order.
A notice given by you to us shall be sent to our registered office listed below.
If any of these terms and conditions is or becomes invalid, illegal or unenforceable, that provision shall be deemed deleted but the remaining terms and conditions shall not be affected.
Any dispute or claim arising out of or in connection with an agreement (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.
No person other than you shall have any rights to enforce the terms of an agreement against us.
Expert Heat Limited. Registered in England and Wales. Company Number 13041778.
10 Burnham Avenue, Oxley, Wolverhampton, West Midlands WV10 6DX
Telephone: 01902 475007 Email: firstname.lastname@example.org