Our products have been designed to give our customers a high-quality boiler service contract.  These Terms & Conditions are provided to show exactly what is and what is not covered.  Please read these notes carefully. If you have any queries, please call the office on 01926 279922.

The contract is for an initial 12 month period from the date of acceptance and the receipt of funds for the contract cover.  The decision to accept an appliance on to cover is at the absolute discretion of Heating & Cooling (Midlands) Limited.

The cover is subject to an initial inspection which will normally take place in the first 28 days. On this initial inspection we may well carry out the annual service at the same time.

We reserve the right to terminate the agreement at this initial inspection if any of the following are found:

• The boiler is over 10 years old
• The boiler / central heating system does not meet current gas safety regulations
• The boiler / central heating system is in poor repair / condition
• The boiler / central heating system is included on our list of “unreliable” or “excessively expensive to repair” appliances. (such as Ferroli, Heatline or ELM)
• The central heating system has been designed or installed incorrectly
• There are signs of sludge in the system
• The system is not a domestic installation
• The boiler / central heating system is broken down at the time of taking out the cover
• Access to work on the boiler / central heating system would form a Health & Safety risk (i.e. boiler installed in a loft with no boarding or access)

The customer will be informed of any remedial works that may be required to the system. If the customer agrees to have the works carried out, then the system will be accepted once these items have been completed and paid for.

Even if your system does not qualify for our Service Contract cover, we may still offer to repair and service your boiler / central heating system on a parts and labour basis.

Before the end of your period of contract agreement we will contact you to tell you of any changes to the agreement, including any price changes for the following year. If you do not tell us in writing that you do not wish to renew your cover, we will automatically renew your agreement for another year if you have chosen to pay by monthly payment

We reserve the right to review your cover on an annual basis. If your boiler / central heating system has passed the 10 year old threshold, or you have had an unusually high number / value of repairs during the period, we may inform you that we cannot continue to cover your boiler / central heating system. If this is the case, we will write to you to let you know of this decision. Once again, we may still offer to repair and service your boiler / central heating system on a labour and materials basis.

If you are moving home, please advise us as soon as possible.  Whilst the Service Contract is portable to a new property, your new home will be subject to the same initial checks as your existing boiler.

THE SERVICE CONTRACT DOES NOT COVER FOR THE FOLLOWING:

• Call outs within the first 14 days of cover
• Out of hour call outs. Our hours are 08:00 to 17:00 Monday to Friday excluding Bank Holidays
• Any faults caused by incorrect design or installation of your heating and hot water system, or its wilful neglect or misuse.  This includes faults, which existed before you entered into the agreement and which could not be identified on initial inspection with reasonable care and skill.
• Any damage caused by hard water scale deposits and/or corrosion caused by scale
• Replacement of the central heating boiler or appliance
• Any work needed as a result of the appliance being incorrectly installed
• Clearing blockages or repairing damage caused by a foreign object
• Removing asbestos associated with repairing the appliance
• The cost of repairing or replacing casings, decorative parts, paint work, enamel, batteries, bulbs, filters and any damage which does not affect the way the boiler or appliance works
• Customer error – resetting controls, turning up thermostats, resetting programmer, repressurising boiler/system
• Faults caused by running out of gas or electricity
• Unvented hot water cylinders
• Warm air unit main heat exchanger
• Any loss you suffer because of water leaks or a breakdown
• The cost of putting right faults caused by damage or not using the appliance or system correctly
• The gas supply from the meter to the appliance and any secondary flue and flue terminal
• Energy management systems and their associated controls
• Damage caused by accident or by fire, lightening, explosion, flood, storm, freezing weather, wind conditions or changes to or failure of the gas, electricity or water supplies
• Thawing out frozen pipework
• Any parts of the central heating system that are too difficult to get at safely or which are impossible or impractical to maintain because of where they are
• Any faults or problems caused by the original design of your system or the way it was installed or first commissioned
• Steel pipes, steel cylinders and steel tanks, electrical immersion heaters, electric showers, showers and their associated controls, pumps and booster pumps
• The cost of removing sludge, hard water scale or adding corrosion inhibitor to the central heating system including the cost of any associated work or replacement parts. Signs may include a noisy boiler, cold spots on radiators, sludged up pipes or poor circulation
• Pipework that is not visible or easily accessible (water or gas)
• Underfloor Heating Zones and associated controls
• Repairs to an appliance that is deemed to be beyond economical repair (BER) by our engineer
• Any other defects or failures, either in the connected heating system or outside of the appliance itself
• Repairing or replacing appliance flues
• Faults caused by an inadequate supply of electricity, gas or water to the property
• Replacement of the Main Heat Exchanger
• Pipe work, radiators, radiator valves (including thermostatic valves) and expansion tank, although we will inspect these as part of an annual service
• Any part over 10 years old that needs to be replaced or any component that we are unable to locate new or reconditioned replacements for
• Reimbursement of any third-party repair costs that you have not told us about or agreed with us in advance
• The cost of repairs relating to damage caused by you or someone else
• Consequential losses.  For example, loss of earnings, business losses, stress and inconvenience arising from a product breakdown; including repair delays caused by factors outside our reasonable control
• Unless we are responsible for it, loss or damage to property caused by the appliance breaking down.  Any redecoration that may be needed following our work is your responsibility unless we have been negligent
• The cost of repairing faults or damage caused by freezing weather conditions (you should check your household insurance to make sure you have enough cover for these risks)

CANCELLATION

If we cancel your agreement

If we have to cancel your agreement because of something that we find during our initial inspection we will give you a full refund. If we cancel your agreement after a later visit, your refund will be based on how long is left on your agreement.

If you cancel your agreement

If you cancel within the first 14 days we will give you a full refund of any money you have paid, unless we have carried out work, in which case cancellation charges will apply (see section entitled “cancellation charges”).

If you cancel after the first 14 days and pay by monthly payment and have had works carried out, you may be charged a fee for the cancellation.

The charge will be calculated based upon the number and types of jobs that we have carried out at your home during the period, less any money that you have already paid in monthly payments.

Cancellation Charges

If you cancel your agreement part way through a cover period and have had works carried out, you will be charged a fee for the cancellation.

The charge will be calculated based upon the number and types of jobs that we have carried out at your home during the period, less any money that you have already paid in monthly payments.

We will base the charges on the following job values:

Annual service           £95.00

Boiler repair                £120.00

ANNUAL SERVICE

The service will normally be carried out together with our initial inspection and your acceptance of the agreement.  After that, we will carry out the service once in every year of your agreement and normally on the anniversary of, or just before the first service.

Our engineer will carry out the annual service strictly in accordance with the routine maintenance requirements for your appliance and as laid out in the installation and servicing instructions for your particular appliance.

EVENTS BEYOND OUR CONTROL

If we are unable to fulfil our obligation under this agreement due to any event beyond our reasonable control, including, for example, non-availability of parts, this will not be considered breach of our agreement and we reserve the right to suspend our obligation until reasonably practicable.  In the event this situation arises, we pledge to make every effort to keep any delay to a minimum and to complete the work under our agreed obligation as soon as practicably possible.

Where an appointment time has been agreed, if we are unable to gain access to the property for any reason, we may make a £65.00 charge for lack of access and wasted time.

LEGAL OBLIGATIONS

Any guarantees set out in this agreement do not affect your statutory rights as a consumer.  If you prefer, you may rely on these rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods and Services Act 1982.  You can get advice about your rights from your local trading standards or a citizen’s advice bureau.

 YOUR PERSONAL DETAILS

We will use and keep safe your personal details in accordance with all applicable data protection legislation.  We may use your personal details to inform you of our other products and services.  If you would rather not receive these communications, please tell us.

WHAT WE DO WITH YOUR PERSONAL DATA

We process personal data only for the purposes for which it is collected.  If you use our services you are required to register and we collect your personal data, which we use for the service or performance of the contract.  We may also use your personal data for similar purposes, including marketing and communications, but that will only occur in the case we have your consent or another legal justification for doing so.