These Conditions apply to the Contract between DA5AFE service plan from Kent Heating and Gas Services LTD (‘us/we/our’) to you as a Consumer (‘you’). No other terms and conditions will apply.
We are required by the Regulations (as defined below) to ensure that certain information is given or made available to you as a Consumer. Please therefore read these terms carefully. These terms tell you who we are, how we will provide services to you, how you and we may change or end the Contract and what to do if there is a problem.
means a qualified person approved and instructed by us to undertake the Services where appropriate;
a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
Means any business, trade, craft, or profession carried on by you or any other person/organisation;
Means your domestic gas central heating boiler.
Service Plan or Care Plan:
Means the care plan for your Boiler or your Boiler and Heating System which you have opted to take out as detailed in the Contract Particulars.
Means a consumer as defined in the Consumer Rights Act 2015. In relation to these Conditions, it means you as our customer who is an individual and who receives the Services for purposes wholly or mainly outside the purposes of the service plan
The charges payable by you for the supply of the Services by us, as set out in the Contract Particulars or any revised charges notified to you following your request.
Means the particulars confirming your details and the Service plan you have opted to take out.
The day from which the first visit and contract is offered.
The contract is based on a minimum 12 months, you will be charged the full year if you decided to cancel early.
These terms and conditions
The agreement between you and us for the supply of the Services in accordance with the Contract Particulars Details, these Conditions and the relevant Schedule.
Means any circumstances where we will not cover against any claim under our service plan
Means the appliances and conduits forming part of your central heating system (from the gas supply isolating cock located at your Boiler) including: water pump; motorised valves; thermostat; time temperature and pressure controls; radiator valves, pipework, feed; and expansion tank and primary fluing; but not including your Boiler
Property: means the location of where the Services are to be carried out;
Means the following appliances and conduits inside your Property:
• flexible hot and cold water feed pipes to your washing machine and dishwasher;
• Header storage tanks;
• Hot and cold water pipes from the mains
stopcock to your taps;
• Hot water cylinders and immersion heaters;
• Overflow pipes;
• Shower feed pipes (if visible and accessible)
• Standard fitting toilet cistern ball valves and siphons;
• Standard fitting tap valves and washers (not including tap valves and washers which utilise a ceramic washer eg. mixer taps).
Mean The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
Repair Service means the repair services to the Serviced Equipment as a result of a fault reported by you to us;
Collectively, the services, as listed in the Schedule agreed to be provided by us dependent upon the type of Care Plan you have opted to take out.
The equipment to which the Services relate as per your chosen Care Plan.
Means the schedule attached to these Conditions which lists the various services to be provided by us dependent upon the type of Care Plan you have opted to take out.
Means works which are required to gain access to your Plumbing System which are likely to involve more than 2 hours labour
Means the visit made to the Property as a result of a request by you to carry out the Services.
The headings in these Conditions are for convenience only and will not affect their interpretation. Words signifying the singular will include the plural and vice- versa.
1. Commencement and term
1.1 The Contract shall commence on the date when it has been signed by you or on the date the Serviced Equipment has passed as being suitable for the Contract (which ever is the latest) (the Commencement Date) and subject to clause 9.2 shall expire no earlier than the first anniversary of the Commencement Date (the Initial Term). Following the Initial Term, the Contract shall continue until either party gives to the other not less than 4 weeks' written notice to terminate (the Term)
1.2 You may during the Term request additional Add-on Cover. We will use our reasonable endeavours to comply with your request for Add –on Cover, but you acknowledge that our ability to agree to Add–on Cover will depend on the availability of appropriate resources and shall at all times be subject to the relevant Service Equipment (where applicable) being passed as being suitable.
1.3 Where we have agreed to provide the additional Add-on Cover, such agreement shall be made under, and shall incorporate the terms of the original Contract (save in relation to its Term and Charges). Upon acceptance of the additional Add-On Cover, the Initial Term for the Contract (incorporating the additional Add-on Cover) shall be automatically extended by the difference in months between the Commencement Date and the date in which we agree to supply the additional Add-on Cover (up to a maximum of 12 months).
2. Charges and Payment
2.1 You may elect to pay for your Contract on a monthly or annually basis. If you have elected to pay the Charges monthly, we will collect the fee for the Charges for the Contract by direct debit from your bank account on the agreed date each month. Subject to the successful collection of the Charges, we will provide the cover detailed in your chosen Care Plan. If any amount of the Charges are unable to be collected any claim may be declined based on our absolute discretion.
2.2 All amounts due under the Contract from you to us shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
2.3 We may increase our Charges each year and we will write to you at least 14 days in advance to notify you of any increased charge, prior to them taking effect
3. What is covered
For the avoidance of doubt this is an agreement for the provision of specific services. This is not a contract of insurance, guarantee or insurance policy. Dependent upon which Care Plans you have opted to take out, the list of Services to be provided are detailed in the Schedule annexed hereto.
The Contract is specific to the Serviced Equipment at the Property. If you move Property it is your responsibility to inform us. We may at our sole discretion agree to transfer and assign the Contract to your new Property subject always to inspection of the Serviced Equipment.
There are certain exclusions which could limit the cover of the Care Plan that you have chosen. Please read the Schedules for each Care Plan option carefully to ensure that your chosen Care Plans meet your requirements
5. Provision of Services
5.1 We shall carry out all Services applicable to your chosen Care Plans during our normal working hours of 9-5 Monday to Friday, unless we agree otherwise.
5.2 We shall use reasonable care and skill in carrying out the Services and shall comply with any and all relevant codes of practice and regulations that we consider apply.
5.3 Where Repair Services are to be carried out, we shall use our reasonable endeavors to complete the Repair Services in a reasonable period. All Services will be carried out with reasonable care and skill by Approved Engineers whose qualifications and experience will be appropriate for the tasks to which they are allocated. We shall not be liable for any delay in the Services which are caused by any matters outside our control (see clause 13), any failure by you to comply with your obligations under clause 6 or any Services which are delayed because they are dependent upon third party works being carried out beforehand.
5.4 If during a Repair Service or an inspection, we identify additional work that is required to bring your Serviced Equipment up to regulatory standards then we will advise you of this. This may include, power flushes of Plumbing Systems, cleaning out flues and vents for gas appliances, full drain-down of Heating System and improvements to the safety and earthing arrangements for electrical installation. Such additional work is not included as part of your Care Plans. If you instruct us to carry out the additional work, labour and parts will be payable in addition at our prevailing rates. If the additional services are not carried out then this may affect the availability of the Services under the Care Plans until such time as the Serviced Equipment has been brought up to and complies with regulatory standards.
6. Your Obligations – Please read carefully
6.1 You will allow us reasonable access to the Property at the agreed times in order to carry out the Services.
6.2 You will notify us in writing of any issues which may affect the Services as soon as possible to enable us at the earliest opportunity to investigate and rectify where necessary.
6.3 If you provide us with incomplete or incorrect information or fail to give us access we may either end the contract (see clause 9.2.1 below) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them, if delay has been caused by you not giving the information or access we need.
6.4 Nothing in these Conditions shall require us to provide or continue to provide the Services where there is presence or risk of contamination of harmful substances. You will be solely responsible for determining what investigations and actions should be taken in relation to such substances and shall commission such professional third party advice as you consider necessary.
7. General Exclusions
7.1 Any Services covered under the Contract does not include or cover any of the following:
7.1.1 any repairs which are identified or needed due to design faults in any of the Serviced Equipment.
7.1.2 any improvements which are needed or required to bring the Serviced Equipment up to current standards
7.1.3 Rectifying damage caused by gaining access to the Serviced Equipment, such as pipes and wires, lifting carpets or other floor coverings that is required before we can commence work.
7.1.4 Any claims resulting from defective installation or failure to properly service in accordance with manufacturer's instructions
7.1.5 Accidental or deemed negligent damage.
7.1.6 Normal day to day maintenance of the Serviced Equipment.
7.2 We shall take reasonable care to carry out any work, without causing unnecessary damage but where it is necessary to lift carpets and/or flooring or gain access to pipes by making holes we may do so. We shall NOT be responsible for replacing or repairing any floor, boxing, wall surfaces or redecoration and/or painting.
7.3 We make no warranties that the Serviced Equipment can be repaired or that parts and/or materials will be available. Unless expressly provided elsewhere in the Contract, where we are unable to carry-out repairs or it appears that parts are unavailable, we shall have no further liability to you.
8.1 We may subcontract any or all of the Services.
8.2 Where we subcontract any or all of the Services, we shall ensure that any and all subcontractors are reasonably skilled in the relevant practices. We may not pass on to you any additional charges we incur through the use of any sub-contractors.
9. Termination Your right to end the contract in the first 14 days.
This contact is based on a minimum of 12 months. However if you have decided to cancel the contract early you will be charged the full years subscription regardless.
9.1 If the Contract we make with you is not made on our premises, the Regulations give you the following cancellation rights, and those rights will be in addition to the rights you have under the law and the rights we have given to you under these
9.1.1 You may for any reason cancel any of the Services during the 14 day period after the Commencement Date, but if the Contract includes any Services provided on any date/s falling before the end of that 14 day period and if you request us to provide those Services and we do so, you may not cancel the Services to be provided in that 14 day period, and you must pay for them as required by these Conditions.
9.1.2 If, as allowed by the Regulations (and this sub- Clause 9.1), you request that the Services to be provided are to be cancelled by you, you must confirm this in any way convenient to you.
9.1.3 If you cancel as allowed as above, and you have already made any payment(s) to us for the Services, we will refund the payment(s) to you within 14 days of receiving your cancellation less any amount due for those Services (to include all parts, labour and new equipment) that we have already provided to you (including making available and booking out engineers), and you will not have any liability to us in relation to that cancellation except to pay for them as set out in sub- Clause 9.1.1.
9.2 We may terminate the provision of the Services and the Contract immediately, if:
9.2.1 You commit a serious breach of your obligations under these Conditions or failed to carry out the additional services to bring the Serviced Equipment inline with regulatory standards or as otherwise recommended in accordance with clause 5.4; or
9.2.3 You do not pay us all or any of the Charges or other amounts payable on time and we have given you at least 7 days prior notice of our intention to terminate;
9.3 On termination by way of notice (clause 1) Charges will be payable by you up to the date of termination. On termination by way of 9.2 we shall be entitled to claim the full cost of the Services carried out by us (labour, parts and equipment) during the Term or the Charges which would have been payable to the end of Initial Term, whichever shall be the highest.
10. Liability and Consumer Rights
10.1 In the event of any fault or defect arising in the Services, we shall have the right to remedy such fault where possible by re-supplying the Service. In the event that you do not advise us of any defect or fault in the Services within 30 days after completion of the Services, you shall be deemed to have accepted the Services or part thereof.
10.2 We will be responsible for any direct foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or any repairs which are identified or needed due to design faults in any of the Serviced Equipment.
any improvements which are needed or required to bring the Serviced Equipment up to current standards.
Rectifying damage caused by gaining access to the Serviced Equipment, such as pipes and wires, lifting carpets or other floor coverings that is required before we can commence work.
Any claims resulting from defective installation or failure to properly service in accordance with manufacture's instructions Accidental or deemed negligent damage. Normal day to day maintenance of the Serviced Equipment.
10.3 We provide Services to you only for your personal and private use/purposes. We make no warranty or representation that parts, the Services or materials that we provide to you are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.4 Nothing in these Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors) or for fraud or fraudulent misrepresentation.
10.5 Furthermore, If you are a Consumer, either as defined by the Consumer Rights Act 2015 or for the purposes of any other consumer protection legislation, nothing in these Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Consumer Rights Act 2015, the Regulations, or any other applicable consumer protection legislation, as that legislation is amended from time to time. All such duties, obligations, rights, remedies and liabilities under such legislation are in addition to those under these Conditions.
10.6 For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.
11 Data Protection
We will only share your personal information with other bodies when doing so is essential for the completion of the Services. This may include informing our Approved Engineers or subcontractors of your name and address and the repairs required. Your personal data will be used to manage your Contract and to protect your health and safety or as part of our regulatory or legal requirements.
12 How to Claim
You must telephone our dedicated care plan number.We shall then appoint an Approved Engineer to visit your Property. We shall have reasonable discretion as to when and how the Services are undertaken.
13 Force Majeure
Neither we nor you (“first party”) will be liable to the other for any failure or delay in performing obligations where the failure or delay is due to a cause beyond the first party’s reasonable control (“Force Majeure”). In that case the failure or delay will not be a failure or delay contrary to these Conditions.
All notices or other communications from you or us under these Conditions must be in writing.
15. No Waiver
No failure or delay by us or you in exercising any rights under these Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Conditions means that we or you will waive any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
17. Law and Jurisdiction
17.1 These Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
17.2 Any dispute, controversy, proceedings or claim between you and us relating to these Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Who we are and how to contact us:
DA5AFE Service plan, Kent Heating & Gas Services LTD 73b High Street, Bexley, Kent DA5 1AA 01322 523 640