1. In these terms the following expressions shall have the following meanings
2. Commencement of Agreements
2.1 This agreement shall commence on the Agreement Date. Within thirty days of the Agreement Date Heatcare Group shall carry out an inspection of the equipment to determine amongst other things its state of condition, accessibility and whether or not spare parts can be obtained for the Equipment. After having completed the initial inspection, Heatcare group shall have the right to cancel this Agreement should it consider that it will be inappropriate or impracticable for it to provide maintenance services in relation to the Equipment and it shall notify the Customer in writing of such a decision, within 10 days of the initial inspection. In the event of such cancellation any payment which the Customer shall have made to Heatcare Group shall be reimbursed.
2.2 This Agreement shall continue for the period of one year from the Agreement Date but may be renewed in accordance with clause 9
3.Services to be Provided
3.1 The services provided by Heatcare Group pursuant to this Agreement will be dependent upon the level of cover nominated by the Customer as indicated overleaf. Standard to all maintenance options is the provision of Heatcare Group of an annual inspection and safety check to ascertain any defects in the Equipment and to check the boiler to ensure it has been installed correctly and is working safely and properly. During the first year of this agreement the initial inspection shall represent the inspection and safety check. Should this Agreement be renewed the inspection and safety check shall be carried out during the first month of the extended period of 122 months at such time to be agreed between Heatcare Group and the customer.
3.2 The Nature of the cover provided by each option is as follows.
3.3 Full Cover
3.3.0 Circulating pumps and valves
3.3.1 Radiators and valves
3.3.2 Hot water, room and frost thermostats
3.3.3 Boiler parts
3.3.4 Primary flue and draft diverter
3.3.5 System hot water fittings and pipes
3.3.6 Toilet fittings
3.3.7 All cold water plumbing in property Parts and Labour cover
3.3.8 Lights and Sockets, Parts and Labour.
3.4 Boiler and Radiators
3.4.1 Circulating pump and valves
3.4.2 Boiler Parts
3.4.3 Primary Flue and draft diverter
3.4.4 Hot water, room and frost thermostats
3.4.5 Radiators and valves
3.5 Boiler Cover
3.5.1 Circulating pump and valves
3.5.2 Boiler parts
3.5.3 Primary flue and draft diverter
3.5.4 Hot Water, room and frost thermostats
4. Responsive Maintenance
4.1 Should the Customer discover a defect or malfunction in the Equipment he or she shall onotify Heatcare Group by telephone on the number shown (or such number that Heatcare Group has notified the customer as being its customer services contact number)
4.2 Heatcare Group charges in relation to the provision of responsive maintenance are as follows
4.2.1 Full Cover – there will be no charge for the rectification of any defects providing that the service required is not excluded by the provisions of this agreement
4.2.2 Boiler & Radiator cover – No charge will be made for any part or service covered under Clause 3.4
4.2.3 Boiler Cover – No charge will be made for any part or service covered under Clause 3.5
4.2.4 Appliance Cover – No charge will be made for any part or service covered under Clause 3.6
5. Labour Services not included.
5.1 Irrespective of the nature of the cover nominated by the Customer the maintenance services provided by Heatcare Group shall not include:
5.1.1 the rectification of any fault which has arisen as a result of any defective installation of the equipment or any defect in the manufacture of the equipment
5.1.2 any electrical work or circuitry and gas pipes external to the Equipment and the domestic water supply to any part of the Equipment (including the taps) except where cold water plumbing and electrical cover is taken.
5.1.3 any work which is of a cosmetic nature for example the remedying of any damaged paint work or other damages to the housing of the equipment.
5.1.4 work which is required as a result of any modification to the Equipment or any maintenance services carried out during the continuance of this agreement by any other person other than Heatcare Group.
5.1.5 the rectification of any defect which has arisen as a result of the failure by the customer to authorise Heatcare Group to carry out any repairs which Heatcare Group indicated were necessary when responding to any Customer call or after it having carried out the initial inspection.
5.1.6 any services required to any part of the Equipment which is not reasonably and safely accessible.
5.1.7 any defect which has arisen as a result of any chemical reaction in the Equipment caused by the hardness of the water supply or any work which is required as a result of the installation of any corrosion inhibitor in the Equipment.
5.1.8 any work which is required as a consequence of any negligent use or misuse of the Equipment.
5.1.9 any change to the equipment caused by the Customer or any third party which was not present at initial inspection.
5.1.10 any shower appliances.
5.1.11 any flue that is not an integral part of the Equipment.
5.1.12 any energy management systems and associated equipment including electrical circuit boards, diverter valves and gas valves.
5.1.13 unvented hot water systems and associated equipment including heat exchangers: and
5.1.14 any work required as a result of the occurance of any act of God including but not by way of limitation, storm, flooding, lightening. Freezing weather conditions or which is required as a result of any failure in the electrical, gas or water supply caused by whatever reason.
5.2 If any repair or maintenance services are required but are not covered by the Agreement, Heatcare Group shall notify the Customer and should the Customer request Heatcare Group to carry out such services, Heatcare Group shal be entitled to charge therefore.
6. Items Not Covered
6.1 Fires, electric showers, outside drains and cylinders.
6.2 Taps only repaired not replaced.
7. Spare Parts
7.1 Heatcare Group reserves the right to install spare parts of a different manufacturer from the original installation.
8.1 The Customer will have nominated overleaf weather he/she chooses to pay the annual fee monthly (by standing order only) or by one annual payment. If the Customer has chosen to make one payment this shall be made within seven days of the Agreement date. If montly payments by standing order have been chosen the monthly fee shall be set out overleaf and such payments will be automatically sent from the Customers bank to Heatcare Group. If the customer has chosen to pay the annual fee by monthly instalments an administration charge (as indicated) will be payable by the Customer and this will automatically be sent from the Customers bank account at the same time as the first monthly payment.
8.2 Should nay payments not be made by the customer when due Heatcare Group shall be entitled to terminate this agreement forthwith by serving notice upon the customer in writing.
9.1 This Agreement may be renewed by the Customer by writing to us at the address below stating which level of cover the Customer requires. Upon receipt of this letter Heatcare Group shall notify the Customer of the fee payable and issue a new Contract.
10.1 For the avoidance of doubt Heatcare Group shall not be responsible to the Customre in any way for any loss or inconvenience which the Customer may suffer as a result of the Equipment breaking down or being inoperable unless such event has arisen as a direct consequence of any breach of contract or negligence on the part pf Heatcare Group.
10.2 Heatcare Group shall be entitled to use its approved contractors to carry out all or any part of its responsibilities under this Agreement.
10.3 Should the Customer wish to change the level of cover to be provided by Heatcare Group it shall notify Heatcare Group on the Customer Service contact number indicated whereupon he/she will be informed of the relevant procedures.
11.1 The Client has a period of seven working days from the date of the Contract to cancel this Agreement. The client cand o this by writing to Mr Stephan Grady at 5 Newbold Court, Bold, St Helens WA9 4TE or Mr Stuart Power at 118 Kestral Park, Skelmersdale WN8 6TB
“Agreement Date” The date stated on the Agreement “Agreement Period” The initial period of twelve months from the agreement date plus any additional period(s) of twelve months thereafter where this agreement has been renewed pursuant to clause 9
“Annual Fee” The fee stated
“Customer” The customer stated
“Equipment” The equipment stated in relation to which Heatcare Group will provide services.
“Initial Inspection” The inspection carried out by Heatcare Group pursuant to clause 2.1
“Working Day” Any Monday to Friday inclusive other than bank or public holiday