TERMS AND CONDITIONS OF BOILER MAINTENANCE SERVICES

1. INTERPRETATIONS

1.1 Definitions: In these Conditions, unless otherwise stated:

"Additional Call Out Fee"

Means our charges for attending your premises as an emergency to inspect your boiler and/or system in force at the time of the call out;

"Agreement"

Means the agreement which incorporates these terms;

"Conditions"

Means our terms and conditions;

"Customer"

Means the signatory to the Agreement

"Price"

Means the price payable for the services set out in the front page;

"Services"

Means all and any of the services referred to in the front page;

'Working Day"

Means any day other than a Saturday or Sunday on which the clearing banks in the United Kingdom are open to the public for the transaction.

2. TERM OF AGREEMENT

2.1 The Agreement is for an initial period of 12 months commencing on the date of the Agreement unless you or we use the cancellation rights set out below.

If we vary any of the Conditions or the Price during the term of the Agreement we will write and inform you of any such changes [28] days prior to them coming into effect. If you do not wish to continue with the Agreement following any changes to the Conditions or the Price you may cancel the Agreement in accordance with the provisions of Clause 6 headed "Cancellations".

Extension

2.2 We will contact you 30 days before the initial 12 month period ends, giving you details of any changes to our Conditions or the Price. Your Agreement will continue automatically unless we receive cancellation in writing form within [30] days of the first renewal payment being debited from your account that you wish to cancel the Agreement, you may write and tell us you wish your Agreement to end. If the Price has increased we will refund the difference between the Price you were paying in the initial period and the new price.

3. Initial Boiler and System Inspection

Within 28 days of the date of this Agreement, we will use our reasonable efforts to send one of our engineers or approved contractors to carry out an inspection of your boiler and heating system to make sure the are in a good working order and suitable for the Service.

Our service engineer or approved contractors will complete our "Initial Boiler and System Inspection" check list which he or she will show you to verify what he or she has checked. If the Initial Boiler and System Inspection reveals any problems with your boiler and/or system we will:

· identify what works and parts are needed to rectify the problem and what the costs are of carrying out such works
· offer you an agreement to carry out such works including providing any replacement parts you need
· offer to return and carry out a second "Initial Boiler and System Inspection" following the completion of works identified in the "Initial Boiler and System Inspection" if you decide to ask an alternative supplier to carry out the repair works.

If following the Initial Boiler and System Inspection our engineer or approved subcontractor considers that your boiler and/or heating system is unsuitable for our Service he or she will advise you. If you do not wish us to carry out such works we will cancel the Agreement and refund the Price paid by you.

4. Service

Annual Inspection

We will carry out a yearly inspection of your boiler and/or heating system. We will try to carry out the inspection at the same time each year wherever possible depending on our workload.

Repair

If the annual inspection reveals a problem with your boiler and/or heating system we will identify what works are required to rectify the problem. We will carry out any repairs to your boiler and/or central heating system as soon as we can. If we do not have the spare part(s) required to carry out the repairs we will use reasonable efforts to get hold of such spare part(s) the following Working Day. All parts will be from one of our approved suppliers, and may include part(s) which have been re-conditioned by the original manufacturer.

Replacement

If we consider that it would not be economical to repair your boiler and central heating system then as long as your boiler is less than [7] years old at the time the problem occurred, we will replace your boiler and/or heating system with a suitable alternative boiler and/or heating system.

If your boiler is more than [7] years old we will offer you an agreement to replace your boiler at a discounted price. If you do not wish us to carry out such replacement you may cancel the Agreement in accordance with the provisions of Clause 6.

Emergency Call-Out Help-Desk

You are entitled to contact our emergency call-out help-line twice in any 12 month period at no additional cost. If you contact the help line on more than two occasions in a 12 month period you will be charged an Additional Call Out fee for our engineers or approved contractors to inspect your boiler and/or system.

The help-line will operate 24 hours a day, 7 days a week 365 days a year. We will use reasonable efforts to respond to your call within 24 hours or logging your call.

We will use reasonable efforts to repair or replace your boiler and/or central heating system in whole or in part as soon as possible. If our engineers or approved subcontractors do not have the part available we will use reasonable efforts to provide the part the next Working Day.

If we are not able to provide the part by the next Working Day we will use reasonable efforts to find the part as soon as possible from other suppliers.

5. Labour

We will use our engineers or one of our approved contractors to carry out any required work.

6. Cancellation

We may cancel your Agreement at any time during the initial 12 month period if any of the following occurs:

· the outcome of the Initial Boiler and System Inspection is unsatisfactory
· you fail to make an agreed monthly payment
· you have given us false misleading or inaccurate information
· we are not able to find replacement parts to keep your boiler or system working safely

7. Exclusions from Service

7.1 The Service does not include the cost of any repairs or replacement parts which are due in our reasonable opinion to:

· incorrect usage of a boiler and/or system;
· any modification or repair carried out by you or any third party on your behalf.
· System noise caused by hard water scale or sludge from the boiler or central heating
system;
· Usual insurance risks, as follows: subsidence, structural repairs, household accidents, fires, lightening, freezing weather conditions, floods or storms; · Problems with your gas supplier and/or service.

7.2 Our Price does not include the following and you will be responsible for repairing or replacing the following:

. Resetting controls/thermostats;
· Removal of asbestos associated with repairing the appliance or system;
· Repairing any ancillary damage caused by our work unless such damage is due to our or our approved contractor's negligence;
· Any interior re-decoration required after we have undertaken any repairs or replacements.
· Cold water system inc taps, fittings etc.
· Diagnoise if the system reuqires power flushing

8. Our Obligations

We will provide the Service with reasonable care and skill and shall use reasonable efforts to meet all times for performance of the Service. Where no time is stated, we will use reasonable efforts to provide the services within a reasonable time unless we are prevented for doing so due to circumstances beyond our reasonable control.

9. Data Protection

9.1 As part of the application for the Service, you will be asked for your full name, address, daytime, evening telephone number, and debit or credit card details ("Personal Information") .

9.2 We will use your Personal Information for the following purposes:

· to supply the Service to you and to identify you when you contact us
· to notify you of offers, deals and promotions that we have available both now and in
the future;
· to notify you of offers, deals and promotions in respect of any services or products or
any of our group companies.

9.3 Notification of all such offers, deals and promotions may be sent to you by post, phone or email.

9.4 We will not send you any such notification if you have previously contacted us saying you do not wish to receive such information.

9.5 If you wish us to send you a list of our group companies please write in and we will be pleased to send them.

10. EXCLUSIONS OF OUR LIABILITY

10.1 Nothing in this Agreement shall be interpreted as limiting our liability under Part 1 of the Consumer Protection Act 1987 or for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation

1 0.2Except as stated in clause 8.1 we shall not be liable to you for any losses that were not foreseeable to both parties when this Agreement was formed or for losses which were not caused by our failure to comply with the terms of this Agreement or for loss of profit or other business losses.