Terms and Conditions for Homeowner Boiler service Plan

These terms and conditions or a legal document that will bind Us both. We’ve tried to make them both clear and fair, but if there is anything You do not understand or unsure about these terms and conditions, please discuss it with Us before placing the order.

1. Definitions

• ‘Brochure’ refers to the latest version of Our heating brochure/information as amended by any information We supply to You before or after You apply for your plan.
•  ‘Fees’ means the fees payable to Us by You for the provision of the works as set out in the brochure.
•  ‘Plan(s)’ Means the service(s) planned as described in the brochure/information which You have made a successful application to become a member of, and in respect of which your membership has not been terminated.
• ‘We’ ‘Us’ refers to A&B plumbing and heating which has an office at Willow Lodge, Rushy Lane, Risley, Derbyshire. DE72 3SW.
• ‘Works’ means any and all works to be carried out by Us in accordance with the Plan.
• ‘You’ and ‘Your’ refers to You, the person whose application to join our Service plan has been accepted by us.

2. Care plan eligibility

• You can apply for the Boiler Service Plan if:

1. 1. You have a domestic (up to 70 kw) condensing gas central heating boiler that has a circular flu and doesn’t need to be removed from the wall to be repaired.
   2. You live in Derbyshire or Nottinghamshire.
   3. You’re the owner occupier of the property You want us to cover.
   4. The house or flat has five or fewer bedrooms.
   5. Your boiler You want Us to cover are safe and in good working order. The Boiler will be fully serviced by us prior to commencement of Plan.
   6. The Plan You apply for on the boiler Service Plan covers the services at the same property You asked us to cover under the Boiler Service Plan.

• We reserve the right to refuse any application for a Plan without giving a reason.
• Our plan is designed for owner-occupied properties only and will automatically terminate on the date You sell your home or let it to a third party. In this case both Your and Our obligations under the Plan will cease and you will not be entitled to a refund of any of the fees you have already paid.

3. Inclusions and Exclusions

• A definitive list of the works included in the Plan are set out in the brochure/information leaflet.

4.Works

• We will use all reasonable endeavours to carry out the Service and to attend your premises in accordance with anytime agreed, however, unforeseeable circumstances (e.g. Extreme weather conditions) may cause delays for which We cannot be held responsible and so no warranties can be given regarding timeframes. Time will not be of the essence in determining whether we have complied with Our obligations to You.
• When We carry out the service, we may recommend that additional work is carried out to improve the performance of Your system, reduce the risk of future malfunctions or ensure continued compliance with current safety regulations. These additional works are not compulsory. However, the safety regulations applying to the use of gas appliances do change quite regularly and We are obliged to implement them. Accordingly, if you choose not to follow Our recommendations and We reasonably believe that your equipment is unsafe We may be required to disconnect it (with your approval), Will notify the National Grid, for Your own safety. Further, if We believe that not to comply with our recommendations will expose Us to unreasonable risks in terms of future call outs, We will be relieved of all future obligations to You under the relevant Plan until the recommended additional works are being carried out either by Yours or to Our satisfaction. Please also see the brochure/leaflet regarding works that may be required before we can accept you onto Our plan.
• If We need to access pipes or a pipe is behind built in units or appliances, We may ask you to arrange for these to be removed before We start work and replace when we finish. This removal and replacement will be at Your own cost and risk.

5. Fees, Other Costs and Risk

• If You need work or repairs carrying out that are not covered by your plan, we will provide Quote for parts and labour at Our standard hourly rates. There is no obligation to ask Us to proceed.
• If We are unable to gain access to the relevant parts of Your property at the time We have previously agreed with you, or if We reasonably consider that it would be unsafe for Us to do so, We will be entitled to charge a second call out fee for any rearranged visit.
• We will not be liable for any consequential or indirect losses You suffer, caused to decorations during rectification works carried out and any loss or damage You suffer (for example due to water leaks) because of any fault in Your system or equipment which We have not caused. Further, (to the extent permitted by English law, and not beyond,) Total liability to You for negligence or breach of contract is limited to the sum equivalent to the fees. For the avoidance of doubt, this provision is not intended to exclude or limit our liability for death or personal injury caused by Our negligence. (Nothing in these terms affect Your statutory rights as a consumer.)
• Despite regular servicing, equipment sometimes fails, and this can cause damage to other items in Your home. We cannot cover the cost of replacing or repairing these items unless the equipment covered by Our A&B Plumbing and Heating Plan failed because We did not service it properly.
• If there is any delay in payment of the fees, We will be entitled to withhold providing any remaining works (without penalty) Until such time as payment is made.

6. Termination.

We may terminate your plan at any time, without liability, by giving You notice in writing if you:

• Threaten or abuse, or allow any other person to threaten, any of Our staff or subcontractors in any way either verbally or physically or behave in any other unreasonable manner towards Our team; or
• Failed to pay any fees due to Us, on time, on more than one occasion.
• If you cancelled your Boiler Service Plan it will automatically terminate on the same day. No refunds will be payable. You are free to cancel at any time as there is no minimum contract, and no cancellation fee.

7. General

• These terms and conditions and Your application form for Your plan, (Which you confirm contain accurate information), represent the entire agreement between You and Us and replace any prior written or verbal agreements. Any amendments to the agreement must be agreed in writing by both You and Us.
• No waiver of any of Our rights will be binding unless that waiver is given in writing. Neither will any waiver granted by Us prevent the exercise of any other rights We may have against You for subsequent breach of the same or a different provision.
• If any provision of these terms and conditions is legally incapable of being enforced, it will automatically be replaced by an alternative provision which achieves, so far as is practical, the objectives of the original provision.
• These terms and conditions will be interpreted in accordance with English Law and disputes arising out of them will be exclusively subject to the jurisdiction of the English courts.