Gardner Heating Terms & Conditions
1.1 Agreement - these terms and conditions and the document agreed between the parties; including the identity of the parties, date of agreement, services to be provided and first annual/monthly subscription.
1.2 Annual/monthly subscription - The subscription is available at the outset and by each anniversary of the commencement date subject to the full or monthly payment option. Minimum one year.
2. Basis of Agreement:
2.1 The supplier agrees to supply the 'Boiler Service' to the Customer at the property and the Customer agrees to pay the annual/monthly subscription (minimum one year), any deposit and any additional charges in accordance with the terms of this agreement.
2.2 This agreement shall become binding on the supplier only when all of the following conditions are satisfied-
2.3 Payment of the annual/monthly subscription has been made, or payment of the deposit has been made and acceptable facilities for payment of the balance of the annual/monthly subscription the yearly monthly payment option has been established (minimum one year).
2.4 The customers receipt of this agreement, after the customer return written payment instructions, or has set up payment facilities or made payment by telephone to the suppliers, or has return a signed order form of similar document summarising the services and annual subscription (minimum 1 year).
2.5 This agreement shall apply to the provision of an annual boiler service by the supplier in connection with the system to the customer to the exclusion of all other terms and conditions.
2.6 The supplier may employ qualified sub-contractors to carry out any of it's obligations under the agreement at its' sole discretion and it may assign it's obligations under the agreement to any other party. This agreement is for the sole and personal benefits of the customer, who may not assign any benefits or obligations under this agreement without written consent of the supplier.
2.7 The supplier may vary the terms of this agreement at any time by written notice to the customer. Any variations of these terms and conditions shall be in applicable unless agreed in writing by the authorised officer of the supplier.
2.8 If either party terminates or cancels the agreement and the annual service has not been carried out any monies paid in advance shall be refunded minus a £20 + VAT administration fee.
3. Customers responsibilities:
3.1 The customers will provide the supplier with such information and material and such access to and services and facilities at the property as the supplier may reasonably need to perform the agreement. In particular, the supplier may require access to the interior of the property and access to mains electricity, gas, water and other services. Any obstructions such as vehicles must be moved .
3.2 The customer will pay such cost as the supplier may incur in the event of breach of the above clause. In addition to this any special access which requires provisions of further equipment such as scaffolding etc. will incur additional costs.
3.3 If the supplier cannot gain access to carry out any service at the agreed appointment the supplier will arrange another date and time but a charge of £20 + VAT will be made for the lack of access if prior notice was not given. Should this happen of the second agreed appointment the full £55.00 + VAT callout fee will be charged.
3.4 The customer warrants that he owns the boiler and the property at which the service will take place and is entitled to commission the service without the consent of any third party under any lease, agreements or other restrictions or otherwise including without limitations any landlord.
4.4 The customer is held responsible for correcting any damage occurred by accessing the pipe-work which is either above or below floor levels or behind the boxing.
4.5 The customer warrants that the property is a domestic property.
5.1 The first annual/monthly subscription (minimum one year) shall be agreed between the parties before the agreement is signed. Minimum contract of one year, twelve monthly payments.
5.2 The annual/monthly subscription shall provide only for the services stated. The supplier may raise additional charges in respect of any parts and labour not within the annual/monthly subscription, the charges shall be determined by the suppliers scale of charges from time to time.
5.3 The supplier reserve the right to vary the annual/monthly subscription and any additional charges at any time at it's discretion in the former case by notice in writing to the customer. Such variation shall take effect after 30 days of written notice, and in the latter case immediately.
5.4 The supplier may, if necessary invoice the monthly subscription in advance at or before the date of the agreement and each anniversary of the commencement date.
5.5 The supplier will require the customer to pay instalments by an appropriate bankers standing order, direct debit or debit card under continuous authority.
5.6 The supplier may levy any additional charges immediately following the provisions of the goods and or services concerned.
5.7 Invoices will be addressed to the customers address as per the agreement.
5.8 All sums due under the agreement will be payable by the customer upon receipt of a supplier invoice.
5.9 The annual/monthly subscription and any additional charges are exclusive of any VAT.
5.10 If the customer fails to make any payments within the time specified as per the agreement the supplier may take any or all of the following actions:
a. Cancel the agreement with immediate effect.
b. Suspend the provisions of further services or any additional goods or services.
6.What the service includes
6.1 The service provided under the agreement includes the maintenance of the customers heating appliance at the property supplying heating to no more than six bedrooms as per the agreement.
6.2 The maintenance scheme includes:
Annual boiler service for a standard efficiency boiler. (Condensing boilers carry
an additional £12.00 exc VAT, per annum).
Inspection of central heating controls.
Inspection of hot water cylinder.
Inspection of radiators.
Break-downs inspected within 24hrs.
The supplier provides a 24hr emergency call line 365 days.
The supplier provides an office where the customer can speak face to face with
a member of staff.
6.3 Should a fault or issue be found, the customer will be informed and repairs/renewals will only be carried out with their agreement, charged on a time and material basis.
6.4 If the customer is not present and the fault/issue is urgent/dangerous then work will be carried out immediately to make safe.
7. What the service does not include:
7.1 The maintenance scheme does not include:
Any parts (including service parts) when required
Breakdowns or repairs
Repairing or re-decorating where damage has been caused by the supplied performing the services, although the supplier will undertake such if it has been negligent or has acted in breach of any obligations and the work results directly from such actions.
To repair any damaged boxing or flooring to gain access
The supplier will not be held liable for damage caused by faulty or damaged products
Maintaining and/or replacing flues
Replacing flues which do not currently meet current standards/regulations
Enhancing or up-grading the system or it's performance for any reason, including bringing it to current regulations
Maintenance or repairs to a second heating system at the property
The agreement only relates to the customers primary boiler (as determined by the supplier) if there is more that one.
Repairing/replacing water storage tanks and radiators
Unblocking or cleaning of exterior drains and soil stacks.
Working on cesspits, soak-aways, septic tanks, treatment plants or their over-flow pipes
Replacing batteries bulbs and fuses
Work on any boiler which is not exposed
Re-setting timing or other controls such as thermostats or programmers because of seasonal time differences or battery failure
Replacing batteries in time clocks, heating controls or programmers
7.2 The supplier shall not be required to reimburse the customer for the cost of any work which is carried out by any party other than one of the suppliers authorised/qualified repairers, unless the supplier gives written approval.
7.3 The supplier may raise additional charges for any work or materials which are expanded or used due to the customers notification of any fault
7.4 The supplier makes no representation as to the timing in provisions of any service hereunder. Any timescales will be treated as targets only and time will not be of the essence
7.5 The supplier does not supply telephone advice and does not accept liability for advice the customer may claim to have received by telephone.
7.6 The supplier shall not be held responsible for loss or damage to property caused by the system or any part of it breaking down e.g. damage caused by water leaks, except where the supplier has acted negligently
8. Limitations of Liability :
8.1 The terms of this agreement represents the whole agreement between the parties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise relating to the provisions of any parts or labour under or in-connection with the agreement are hereby expressly excluded from the agreement save where prohibited by statue.
8.2 The supplier accepts liability for death or injury caused by the negligence caused by the supplier or that of it's employees', agents or sub-contractors and in the course of their agreement and liability which cannot be excluded under the consumer protection act 1987 part 1 and otherwise by law.
9. Cancellation and Termination:
9.1 The agreement shall commence on the date of the agreement (save that no services shall be provided before the commencement date) and shall continue for a minimum period of 12months and then renewing anually unless one party gives the other party 60 days written notice.
Customers right to cancel
9.2 The customer may terminate this agreement at the expiry of the initial term (one year) by giving not less than 60 days prior written notice to the supplier. Thereafter the customer may terminate by giving the supplier not less than 60 days prior written notice expiring on any subsequent anniversary of the commencement date of this agreement.
9.3 Should the customer sell the property where at the agreement is registered, the supplier may transfer the credit to the customers new property.
Suppliers right to cancel
9.4 The supplier can terminate the agreement at its discretion at any time for any reason by giving 30 days notice in writing to the customer.
9.6 The supplier may also cancel this agreement if there is a Health & Safety issue which prevents the safe provisions of any services, or if the customer has provided inaccurate information to the suppler.
10.1 Neither party shall be liable for any delay in performing or failing to perform any of it's obligation under this agreement due to any act of god, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the control of either party.
10.2 All notices given under this agreement must be in writing and signed by the policy holder and sent via post or hand delivered.
10.3 The agreement is governed by the law of England & Wales.
10.4 Engineers will not enter the property if there are children under 16 years of age in the property and unsupervised by an adult.
10.5 This agreement is a complete and exclusive statement of the agreement between the parties. This clause and the guarantee contained in these terms do not affect the statutory rights of the customer as a consumer.
10.6 The suppliers shall be entitled to set-off against any monies payable to it by the customer under this agreement, any monies which maybe payable by it to the customer whether under this agreement or otherwise. The customer shall not be entitled to any right of set-off.
10.7 A pre specified credit (as determined by the supplier and is subject to change at any time) will be levied against each existing customers account for any new customer who signs up to the maintenance agreement (minimum 1 year term). Maximum of 3 referrals per customer per year.
10.8 Our aim is provide all our customers with an excellent service, however, we understand things can go wrong sometimes so should you have any comments issues or feedback regarding our service please feel free to contact us either by phone, fax, text, e-mail or visit us at our office. Any complaints received will be investigated thoroughly and acted upon promptly.