General Terms & Conditions
Highly Efficient Heating Limited Installation and Repairs Terms and Conditions
“We / Us / Our” means Highly Efficient Heating Limited of Tedco Business Park, Tedco Business Works, Henry Robson Way, South Shields, Tyne and Wear, NE33 1RF. Email: email@example.com Telephone: 0191 406 5300 Gas Safety Register Number: 522537
“You / Your” means the individual/legal person/business/entity who has entered into the Contract with Us for the Works
“Gas Safe Register” means the register kept by the official gas registration body for the United Kingdom, Isle of Man and Guernsey.
“Premises” means the property or Premises at which the Works are to be carried out.
“Equipment” means the goods/product/equipment/material or similar supplied by Us to You under the Contract
“Workmanship Warranty” means the 12 month warranty in respect of the work carried out by Us for You under the Contract and these Terms, which is governed by the terms of the Workmanship Warranty from time to time and subject to any exclusions.
“Product Warranty” means any warranty provided by a manufacturer in respect of Equipment supplied by us.
“Charging Rates” means the hourly rates and charges specified in these Terms.
“Contract” means the contract between You and Us to carry out Works (please see clause 2).
“Works” means supply of Equipment by Us and installation and repair work carried out by Us
- Any Works We carry out for You will be governed by these terms and conditions (“Terms”). By engaging Us to carry out any Works, You agree to be bound by these Terms. These Terms apply to any Contract between Us, to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing in relation to any Works.
- Any contract between You or Us shall come into force once You have confirmed either verbally or in writing that You would like Us to carry out the Works which have been Estimated and we then confirm our agreement to carry out the Works; At which point a contract between You and Us will come into existence.
- Any price given for any Works is an estimated price (“Estimate”) and is valid for a period of 90 days from the date of the Estimate and is subject to the Works being carried out within a maximum of 120 days from the date of the Estimate.
- We shall provide all services and Works using reasonable care and skill. All Equipment installed shall be given a safety check at the time of installation. We shall register for you any guarantees or warranties with the manufacturer of any Equipment supplied by Us.
- We may require you to pay a deposit of up to 50% of any Estimate before agreeing to commence any Works.
- Payment in full (less any deposit paid) is required immediately on Us advising You that the Works have been completed. Interest is due on any sums which are not paid within 7 days of a formal written demand for payment for payment by Us at the rate of 12% above the rate of the Bank of England base rate from time to time.
Abortive call out £30 plus VAT (including attending and being unable to access the Premises)Ø Travelling time once job commenced £25.00 plus VAT (including travel time to obtain Equipment required for the Works) Ø Every 30 mins or part thereof after initial hour £25.00 plus VAT Ø Initial call out inclusive of 1st hour £60 plus VAT (and travel to Premises) Ø7. Charging Rates:
- At all times We will require access to the Premises where the Works are to be carried out. You must ensure that there is an adequate supply of gas, electricity and water in order for Us to carry out any Works. If access and the supply of utilities is not provided at the times that it has been agreed that We are to carry out the Works, the Works may not be carried out and there may be additional charges incurred as a result of wasted call out time in accordance with Our Charging Rates.
- Any Works proposed to be carried out shall be carried out during our usual working hours which are 8am until 5pm Monday to Friday. Additional charges may apply for any Works outside of the scope of any Estimate, for Works which were not envisaged as being necessary and included in any Estimate but which We find are necessary and for any Works which You require Us to do outside of our usual hours. Any additional charges will be notified to you in advance.
- Any time Estimates provided for completion of any Works are an estimate only. We will endeavour to keep You appraised of any situation which arises which is likely to cause any delay to the time estimates provided and We will endeavour to complete the Works within the timescales, subject to any variations advised. We can in no way be held responsible for delays due to circumstances beyond Our control, not limited to but including adverse weather conditions.
- We reserve the right to amend the specification of any Equipment supplied, if required by any applicable statutory or regulatory requirements. If the Equipment proposed is unavailable, We will offer an alternative to You suitable to Your requirements.
- The Premises at which You instruct Us to carry out the works must be safe and free from hazards, which must be arranged at Your cost, which will include by way of example the removal of any hazardous material. Making the Premises safe and the removal of any hazardous material is not part of any agreed Works Estimate unless specifically stated in writing. 13. Any permissions or consents which are required including any Planning Permission must be obtained by You and in requesting Us to carry out Works, you are confirming that You have obtained all necessary permissions and consents including any Planning Permission required. This includes but is not limited to Your obligations if the Premises is or forms part of a conservation area or is a listed building. We shall ensure that all Works that We carry out are in accordance with good working practices.
- If You are not the owner of the Premises where the Works are to be carried out, You must ensure that you obtain the owner’s permission to have the Works carried out and We shall assume that to be the case unless You advise us otherwise. You agree to fully indemnify Us in relation to any claim made by the owner of the Premises in relation to any Works carried out which arise from Your failure to obtain appropriate permission.
- We shall take reasonable precautions and reasonable care in carrying out the Works without causing damage or disturbance to the Premises. However You accept that the very nature of the Works involved may include the removal or dismantling of existing fixtures or fittings and the requirements to take up floor coverings or arrange for access in structures. The replacement of any such floor coverings or other items is Your responsibility although We shall endeavour to cause the minimum amount of disturbance and put items back in the same order as may reasonably be possible in the circumstances. You accept that there may be some damage caused and redecoration work may be required; It is Your responsibility although We will endeavour to advise You if we think that there is the possibility of any damage being caused.
- We do not accept any liability in relation to the adequacy of Your existing systems or installations and We accept responsibility only for the Works and any Equipment that We supply. You accept that the Works and installation of Equipment may highlight or exacerbate existing inadequacies in Your existing system or installation.
- Any Works carried out or system installed is subject to a Workmanship Warranty of 12 months and Product Warranties in relation to the Equipment and/or systems installed but any such warranties cover only the Works and Equipment/system that We carry out or install and not any existing system or installation.
- You may cancel Your agreement with Us up to 14 days after the date on which any Equipment is delivered. This is known as your cooling off period. You agree and confirm that if You have asked for Works to begin during the 14 day cooling off period that We are permitted to commence the Works and if you thereafter decide to cancel the agreement after work has commenced, We are permitted to charge You Our reasonable costs for Works carried out at the time of cancellation and any Equipment that has been installed in your Premises. You will not be permitted to cancel the contract once it has been completed or the equipment has been fully installed into the Premises. You agree we may deduct any sums due to Us from any deposit paid.
- If You terminate a contract with Us for any reason, We shall make such charges as are commensurate with the amount of Works that have been carried out or Equipment supplied and fitted (subject to any cooling off period), having regard to any Estimate provided and any variations to that Estimate.
- We may cancel the Contract at any time by giving written notice to You. If we cancel without good reason, we may be responsible for any reasonable costs or losses you have sustained as a result of such cancellation. If we cancel the Contract as a result of your breach, you may be responsible for charges/sums incurred by Us.
- You agree that as and when We deem it appropriate We may use sub-contractors or third parties to carry out the Works.
- We may offer you finance which is arranged by Us as a credit broker for the finance provider, we do not charge you for this service but may be paid a fee by any lender. Terms and condition relating to this are governed by a separate agreement. If you terminate your Contract with Us any finance agreement may also terminate automatically.
- We shall not be liable in any circumstances for loss of any profit, indirect or consequential loss arising under or in connection with the Contract and any Works carried out.
- We shall not be liable for any delay or failure to perform obligations under this Contract as a result of a force majeure event
- A person who was not a party to the Contract shall have no rights to enforce its Terms. No variation of these Terms is permitted unless agreed in writing and signed by Us.
- These Terms and the Contract and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the Law of England and Wales and each party agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them.
Sevice Plan Agreements
- Introduction to your Terms and Conditions. We have designed these products to provide a safe, high-quality service to “repair” or “maintain and repair” the elements included in your Agreement. It is important you read these terms and conditions together with your Statement confirming the cover you hold, as these form the basis of your agreement with us. If anything is not correct on your Statement, or if you have any questions, please call us on 0191 4065300. Customers can choose to hold our products as part of a package or individually as separate Agreements. See your Statement for confirmation of the cover you hold.
- Changes to your Terms and Conditions. Please read the material changes to our terms and conditions below. All Heating Plan Agreements have been changed from rolling monthly contracts to renewable annual contracts to align with our Cover Agreements. We have inserted a definition of “Period of Agreement” making it clear that both Cover Agreements and Care Agreements are annual contracts. The cancellation charge section has been changed to give clarity to the charges you may be required to pay for cancelling your Agreement where you have had a repair. We have also simplified the instances in which we may cancel your Agreement. We have clarified that for Plumbing and Drains we do not repair temporarily frozen pipes which have not resulted in confirmed damage or damage caused by rodents. We have added a £50 Plus VAT charge in respect of an annual service we have provided. Appliance Safety Inspection we have carried out to the section on the charges we will impose should you cancel your agreement part way through the agreement period. The cancellation charge section has been changed to give clarity on how often you are able to purchase a different agreement with us and still be eligible for any benefits that may come with a new agreement.
- We can look after Boiler, Boiler and Controls and Central Heating, Boiler and Controls Central Heating and Plumbing.
- Definitions used in your Terms and Conditions. Wherever the following words and phrases appear, they will have the following meaning: Agreement: means each agreement you have with us, whether a Care Agreement or Cover Agreement. Annual Service: for Agreements that include an Annual Service, means a visit we undertake in each Period of Agreement to check the elements included in your Agreement are safe and in good working order. Further details are contained in the section headed ‘General Conditions’. Care Agreement: means our non- insurance agreements in the section headed ‘Care Agreements’. Cover Agreement: means our insurance agreements in the section headed ‘Cover Agreements’. Domestic Purposes: means at least half the rooms at the Home must be used for normal living purposes and not more than half the rooms are used in any connection with a business, trade or profession. Excess: means an amount you have chosen to pay (as shown on your Statement) as the first part of each claim under your Cover Agreement. Further details are contained in the section headed ‘General Conditions’. First Service: for Agreements that require a First Service, means a visit we undertake towards the beginning of your first Period of Agreement to confirm we can accept the elements included under your Agreement. Further details are contained in the section headed ‘General Conditions’. Fixed Fee: means an amount you have chosen to pay (as shown on your Statement) each time we complete a repair under your cover Agreement. Further details are contained in the section headed ‘General Conditions’. Home: means your place of residence or a home owned by you that is a private domestic dwelling including any covered garage connected to your home. Maintenance Inspection: for Agreements that include a Maintenance Inspection means a visit we undertake to check the elements included in your Agreement are safe and in good working order. Further details are contained in the section headed ‘General Conditions’. Period of Agreement: means the length of your Agreement shown on your Statement. Your Agreement begins on the date your application is accepted and normally runs for 12 months. If you add additional products to an existing Agreement, the Period of Agreement for any new products may be less than 12 months so that we can align your products so that they all renew at the same time each year. Our/us/we: means Highly Efficient Heating Ltd. Power flush: means a product available for purchase that is designed to remove sludge and other waste from central heating systems. Further details are contained in the section headed ‘Other Products and Services’. Statement: means a written statement you receive from us that confirm the products you hold, the price for the products and any Excess/Fixed Fee you have agreed to pay for each repair. System: includes your expansion tank, pipe work, cylinder and radiators. You or your: means the person named on your Statement, together with the members of your household who normally reside with you.
- ‘General Conditions’ that apply to All Agreements
- Periods of Agreement
The duration of your Agreement is shown on your Statement and will commence on the date your application was accepted. Note that for
Boiler and Controls Breakdown Cover and/or Central Heating Breakdown Cover, breakdowns in the first 14 days of your first year are not included.
- Price and Price Changes
Your Agreement price is set out in your Statement and will not change during your Period of Agreement unless the Government introduces a change in the relevant tax rate. We will always write to you to tell you about any change to your price and Direct Debit instalments.
If you choose to pay by Direct Debit you can pay either annually or monthly. If you choose to pay by cheque, credit card or debit card (all paid annually) we may charge you a small administration fee for processing your payment. All of our charges are inclusive of relevant taxes at the prevailing rate.
Prior to the end of your Period of Agreement, we will write to you to tell you about any changes to what is included in your Agreement or any changes to your prices for the next year. Unless you tell us when we write to you that you do not wish to renew, we will automatically renew your Agreement for another year.
- Excess/Fixed Fee options
You can choose to pay an Excess (for Cover Agreements) or a Fixed Fee (for Care Agreements). The amount of the Excess or Fixed Fee you agree to pay (as shown on your Statement) is payable for every completed repair including related faults (a further Excess/Fixed Fee will apply for repair of unrelated faults). We will ask for pre-authorisation of any Excess or Fixed Fee by credit or debit card at the same time that we book your appointment. Payment will not be taken until we have completed your repair. We guarantee all of our repair work for a period of 12 months (see section 15). If you request further visits to remedy breakdowns, even within 12 months of a previous visit, we may still require pre-authorisation for the payment of any Excess or Fixed Fee. Our engineer will determine whether the fault is related to a previous breakdown visit in the last 12 months and therefore whether any Excess/Fixed Fee is payable.
- Domestic use
Agreements are only available for appliances and systems used inside your Home for Domestic Purposes. If you own a domestic property which you let out, you can hold our Agreements for your tenanted property.
- Service coverage
There are a few remote areas of Great Britain where we do not currently provide Agreements. If this affects you, we will tell you when you apply.
- Our responsibilities
We will meet our responsibilities under your Agreement(s) within a reasonable time unless it is impossible because of circumstances outside our control. If we are unable to meet our responsibilities, we will notify you as soon as possible confirming the reasons why we are unable to meet our responsibilities and provide you with an alternative time when we expect we can satisfy our obligations to you.
If your Agreement includes repairs to boilers: Highly Efficient Heating Ltd installed your boiler, if we agree that your boiler is less than ten years old we will provide a suitable new replacement boiler approved by us if it is not possible to repair yours because, for example, spare parts are not available, or we decided that it would cost more to repair the boiler than to replace it. Outside of these specific circumstances or any other specific circumstances specified in your Agreement, you are not entitled to a replacement boiler.
- Maintenance Inspection
If you are a boiler and controls/central heating and plumbing customer entitled to a Maintenance Inspection on your plumbing it will be conducted at the same time as any Annual Service of your central heating system (in which case there will be no additional separate Maintenance Inspection once in every two years). For customers entitled to a Maintenance Inspection (but not an Annual Service) your Maintenance Inspection will be dependent on you contacting us to arrange it and the scheduling will be dependent on our workload.
- Gaining access to your property and arranging appointments
Our engineers need to be accompanied in your property at all times by someone aged over 18 years. It is your responsibility to allow us access to your property. If we cannot gain access, we will be unable to carry out the necessary work and you will need to arrange another appointment. If you do not arrange an appointment or we cannot gain access, your Agreement will continue even though we have been unable to carry out the work. If, after several attempts, you have not made an appointment or we still cannot gain access, we may write to you to let you know we have cancelled your Agreement.
- Safety advice
We may advise you that permanent repairs or improvements are needed to help ensure your appliance or system works safely (for example, to comply with gas safety regulations, such as upgrading your ventilation to meet current standards). If you do not follow our advice, it may mean that we are unable to fulfil all of our obligations to you under your Agreement. In this case, your Agreement will continue to run unless you tell us you would like to cancel or if we cancel (see ‘Your Cancellation Rights’ and ‘Our Cancellation Rights’).
- Spare parts
If our engineer does not carry the spare parts needed on the day of your appointment, we use a number of suppliers that can supply us with replacement parts the following working day if ordered before 1400 hrs which means we can normally get hold of most items the following working day. Otherwise, we will do all we reasonably can to find and install parts from our approved suppliers. We may use other approved
parts or parts that have been reconditioned by the original manufacturer.
One of our engineers will usually carry out the work. In some cases we may authorise a suitably qualified contractor to carry out the work. All of our contractors carry identity cards.
We guarantee to make good any faulty parts and/or defective workmanship for a period of 12 months from the date we completed your repair. The rights in relation to any guarantee we give you are in addition to, and do not affect your legal rights under the Sales of Goods Act 1979 and Supply of Goods and Services Act 1982. You can get advice about your rights from a Citizens Advice Bureau or Trading Standards Department.
- Moving home
You will need to notify us as soon as possible about any change of address as you may not be covered in the event of a claim at your new property. Once we receive new address details from you for your new Home we will transfer your Agreement to this new address (unless you tell us you do not want to continue with your Agreement) and arrange a First Service for your new Home (see 18).
- Governing law
The terms and conditions for all Agreements are written in English and all correspondence entered into shall be in English. Your Agreement is governed by the laws of England and Wales where your home is located in England or Wales and by the laws of Scotland where your home is located in Scotland.
- First Service
If your Agreement includes a First Service, we will arrange to inspect your boiler and controls/gas central heating system/gas appliance (depending on what is included in your Agreement), to help ensure we can include them in your Agreement and that they are safe and in good working order. We will normally carry out your First Service within 42 days of your first Agreement, although it may be later if there is a lot of demand for our services especially in colder weather. Our engineer will fill in a service/breakdown checklist to show you what has been inspected. If your First Service reveals a problem (such as boilers for which we know we cannot obtain parts, or systems that are installed unsafely or are inaccessible) we may: Tell you what work is needed and what it will cost to do that work. Offer you a different product which will not include the part(s) of your system causing the problem which we are unable to include in your Agreement; or Cancel your Agreement and refund any money you have paid. We will not carry out a First Service if we have already carried out a First Service or Annual Service at the same property in the previous 12 months, irrespective of any change of ownership.
- Annual Service
If your Agreement includes an Annual Service, we will arrange to visit your Home in the second and subsequent years of your Agreement to inspect your boiler and controls/gas central heating system/gas appliance (depending on what is included in your Agreement) to help ensure that they are safe and in good working order. We will normally complete your Annual Service around twelve months from the date of your last Annual Service. In periods of high demand for our services (such as cold weather), we prioritise breakdowns and may need to rearrange your Annual Service visit. If you have a breakdown in the four months before your Annual Service is due, we may complete it at the same time we visit to repair the breakdown to your system or appliance. We will not normally carry out an Annual Service if we have already carried out a First Service or Annual Service at the same property in the previous 12 months, irrespective of any change of ownership.
- Your Cancellation Rights. You may cancel any Agreement you have with us at any time provided you notify us by calling 0191 4065300 or by writing to us at Highly Efficient Heating Ltd Unit 315 Tedco Business Works Henry Robson Way South Shields NE33 1RF. Cancelling your Direct Debit without notifying us will not cancel your Agreement with us. If you cancel within the first 14 days (starting from the day after you receive written confirmation of your Agreement with us); we will give you a full refund of any money you have paid, unless we have carried out a repair in which case cancellation charges may apply (see section 2).If you cancel after the first 14 days (starting from the day after you receive written confirmation of your Agreement with us), we will give you a full refund of any money you have paid for the time left to run in your current Period of Agreement after the point of cancellation unless we have carried out a repair in which case cancellation charges may apply (see section 2).
- Cancellation Charges
If you cancel any Agreement you have with us part way through your Period of that Agreement and you have work completed in respect to that Agreement, we may charge you a contribution towards the costs we have incurred but not yet recovered. Your cancellation charge will be the total of the amounts specified
- Less any Excess and/or Fixed Fee payments you have made for each repair
- Less all the scheduled payments you have made in your Period of Agreement; and
- The total of any cancellation charges will not exceed your annual price as specified on your Statement.
- Our Cancellation rights
We may cancel your Agreement in the following circumstances:
- If you have given us false information.
- If you do not make an agreed payment.
- We find something wrong at a First Service.
- Where there are health and safety issues.
- Your appliance or system is not on our approved list.
- You do not provide us with access to your property where required.
- We are not reasonably able to find parts for your appliance or system; and
- Permanent repairs or improvements we tell you are required are not completed.
If we cancel at the First Service, we will give you a full refund of any money you have paid. If we cancel your Agreement at any time after your First Service, we will refund any money you have paid for the time left to run in your current Period of Agreement after the point of cancellation.
- General Exclusions.
- Removing sludge or hard-water scale from the boiler or system (see the Power Flush section under ‘General Conditions and Exclusions’). 2. Replacing your boiler, except under circumstances specifically stated in your agreement.
- Repairing or replacing appliance flues that aren’t part of your boiler.
- Repairing or replacing parts of your central heating system and controls that are specifically designed for piped or electric under floor
heating (other than warm-air systems).
- Any costs we would incur to get to your system/appliance in order to make a repair, for example, pipes buried in walls or ‘built-in’
appliances. We do not include the cost of getting to your appliance where your system is inaccessible due to a design fault.
- Accidental damage/ third-party damage/damage from intentional risk taking. Except where accidental damage caused by you is specifically stated as being included under an agreement, the cost of repairs relating to damage caused by you is excluded from all agreements. Where work is undertaken on your system by a third party, whether or not following our advice, which results in damage to that or another part of your system, the repair of any such damage will be excluded from your agreement.
- Items in the General Exclusions section
- Plumbing Exclusions.
The following are not included in your Agreement:
- Repairing or replacing taps.
- Repairing or replacing washers in taps.
- Repairing or replacing the mains cold water stopcock, water softeners, shower pumps and mixer valves, combined overflow and pop up waste mechanism, mechanical pumps, water filters, radiators, swimming pools, decorative garden features, rainwater pipes and guttering, waste disposal units, macerators such as Saniflo, and electrical units for toilets.
- Repairing or replacing any steel or lead pipes.
- Frozen pipes which have not resulted in confirmed damage.