In this document Clever Energy Boilers is a trading name of The Green Deal Factory Limited and is referred to as CEB.

1.        Applicability

In these terms and conditions:

  • “Agreement” refers to the agreement between you and us, comprising the Order and these terms and conditions;
  • “BER” means beyond economic repair as defined in clause 11 “Beyond Economic Repair”;
  • “Order” means your order for services;
  • “Services” means the services to be supplied by us to you;
  • “We” or “us” refers to The Green Deal Factory Limited trading as Clever Energy Boilers;
  • “you” refers to you, the

2.        Basis of Contract

  • An Agreement will come into existence when we have given notice to you that we have accepted your
  • The Agreement constitutes the entire agreement between the parties and supersedes any prior statement, promise, representation, assurance or warranty made or No variation shall be effective unless it is agreed in writing and signed by us.

3.        Product cover

  • We shall provide the services to you, as set out on the
  • Your cover will commence on the date shown on your agreement for a period of twelve months from that date and will be renewed in accordance with these terms and conditions.
  • The Agreement remains in full force and effect unless and until terminated by either us or you in accordance with these terms and
  • In the case of the first year’s cover, no claim can be made in the first 28 days of cover from the date shown on the agreement.

4.        Renewals

We will give you not less than 28 days notice prior to the renewal date of any changes to your Agreement or prices for the next period of the agreement. Unless you tell us that you do not want to renew prior to the renewal date, we will automatically renew the Agreement for another fixed period of 1 (one) year.

5.        First service/initial inspection prior to contract

  • Where applicable, within 28 days of the commencement of the Agreement we will inspect the installation / boiler to ensure that it is in safe working order and that it has been installed to the manufacturer’s
  • If the boiler/system passes the initial inspection we will take your system/boiler on cover. In the case that rectification work is required we will either:
    1. Inform you of what rectification work is required and what the cost will be to have the work undertaken, or
    2. offer you the same agreement, but exclude the part/parts that require attention.

6.        Annual Service

We will notify you in writing or by telephone that your system is due for its annual service. It is your responsibility to respond and contact us to arrange an appointment.

7.        Claims

  • You should contact us if an incident occurs at your property for which you have cover with us and we will make an appointment with one of our engineers.
  • There is no limit to the amount we will pay per claim or to the amount of claims for which you are covered, providing your boiler is not BER.

8.        Parts and components

  • New parts will only be fitted when the existing part is beyond repair. If we cannot fit the same part we may fit alternative parts that are adequate and of the same quality but are not exactly the same.
  • If spare parts are not available or will take longer than 28 days to source, we will not be able to complete your In this event we can no longer offer you central heating breakdown cover and will make a contribution of £200 towards the cost of a new boiler purchased from us. You will be transferred to a similar policy without cover for central heating included. Your premium will be adjusted accordingly and a proportionate refund (calculated daily) in respect of the difference between the premium for your old policy and the premium for your new policy will be given with respect to any annual or quarterly payments that have been made in advance. If your premium is paid monthly you will not receive any refund and the new premium shall take effect from your next monthly payment. If a similar policy without central heating cover is not available, your policy will be cancelled in accordance with clause 23 “Cancellation and Termination”.

9.        Boiler replacement – Clever Care 15, 45, 65, 75 and 85

If you are one of our Clever Care 15, Clever Care 45, Clever Care 65, Clever Care 75 or

Clever Care 85 policies:

  • We will provide you with a new replacement boiler if your boiler is BER and it was installed less than 7 years ago;
  • We will replace your boiler if it is between 7 and 10 years old and cannot be repaired, as long as it was installed by us and as long as you have had a continuous agreement with us for the life of the boiler.

10.      Clever Care Life policy

This clause applies if you are on the Clever Care Life policy only.

  • If your boiler is deemed BER, we will replace the boiler free of charge (subject to making the excess payment under clause 10.2). We will replace the boiler with a model of our choice provided that the replacement boiler will have the same or similar functionality as your existing boiler and have a power output of no more than 60KW/hr. We cannot guarantee the same make or model of boiler will be installed or that it will be installed in the same place.
  • An excess charge of £295 + vat (replacement combination boiler) or £395 + vat (all other boiler installation replacements) is
  • We reserve the right to carry out a credit check on you prior to replacing the BER boiler. If the credit check comes back negative, we will not be required to replace the boiler and can terminate the agreement If this right is exercised you will be reimbursed the financial difference between the “Clever Care Life” cost and the “Clever Care 45” policy dating back to the last renewal  date.
  • Once a new boiler has been installed, you will be automatically contracted into the “Clever Care Life” policy for the duration of the boiler warranty issued by us. This warranty will be for a maximum of 10 years.
  • If you wish to cancel the Clever Care Life policy after a replacement boiler has been installed by us, you will be charged the remaining amount of the policy in full, for the duration of the period of the outstanding warranty. This amount will be due in full prior to the cancellation date of the policy.

11.      Beyond Economic Repair

If the total cost of parts (including VAT) required to repair the boiler exceeds 55% of the manufacturer’s current retail price (or if this is not available, the average current retail price available through leading UK suppliers) for a boiler of the same or similar make and model to your boiler or the then current version of your boiler, it will be deemed to be beyond economic repair (“BER”).

12.      Exclusions

The following are not covered under any Agreement:

  • Any event, loss or damage arising from circumstances known to you before your policy start
  • Any work required as a result of:
  1. Damage caused by either you or someone else;
  2. Damage caused by problems with the supply of gas, oil, electric or
  3. Damage caused by floods, lightning, storms, frost, or extreme weather
  4. Damage caused arising as a result of disconnection from or interruption to the gas, oil, electric or water mains services to the
  5. Damage caused where the property has been unoccupied for 60 or more consecutive days
  6. The Boiler and/or any equipment not being serviced or maintained regularly
  7. The Boiler and/or any equipment not being installed to British Standards and/or the manufacturer’s instructions.
  8. Any inadequacy of the installation of the system that we could not, using reasonable care and skill, identify on our first visit or repair
  9. Failure of components which would have been prevented by complying with our
    • The following services are not provided as part of our standard policies:
  10. Work to heating appliances such as; kick space heaters or fan assisted heaters, designer radiators, cast iron radiators, duel fuel kits and controls, immersion heaters, primatic cylinders, custom made cylinders and thermal stores.
  11. Replacement of decorative parts.
  12. Supplying or installing of batteries to wireless
  13. Venting of radiators.
  14. Any situation where due to statutory requirements, a specialist person is required, g. where asbestos is present.
  15. Repairs/replacements required due to changes in legislation/health and safety
  16. Work to curved radiators (see clause 15.)
  17. Removal of sludge, power flushing and other maintenance work required to prevent future
  18. Topping up of pressurised systems, i.e., combination boilers   and system boilers.
  19. Damage to external flue components and terminal guards. Repairs or replacement flues including the terminal with a re-setting of time controls and/or
  20. Supply the addition of
  21. System noise caused by the age of the boiler/
  22. Work which is covered by manufacturer’s warranties.
  23. Obtaining access to inaccessible
  24. If your boiler is boxed in, we will remove the boxing at our discretion, however, we will not accept liability for any damage caused, re-fitting / repairing the boxing or contributing to the cost of doing so.
  25. Repairing or replacing parts of your central heating system that are specifically designed for underfloor heating or warm air
  26. Appliances or equipment connected to pipework g. taps, showers, WC cisterns etc.
  27. Electrical
  28. Where we are replacing or fitting a boiler, any work required to move the position of the boiler, if the boiler flue specification is changing or if gas or oil pipework upgrade is required.

13.      Our additional charges

  • We shall be entitled to charge at our standard hourly rates in the following circumstances:
  1. Missed
  2. Call outs where no fault is
  3. Where we agree to provide any services that fall under clause 12. ‘Exclusions’.

14.      Maintenance Work / Power Flushing

  • We may at any time recommend that maintenance work is carried out to your boiler or that your system is power
  • If we carry out any such work this will be charged at our    hourly rates.
  • Where we have carried out a power flush, should the system require another power flush in the future whilst an agreement is in place between us there will be no charge, as long as you have got a magnetic system filter
  • Where we recommend other maintenance work is carried out we will be unable to offer any cover for the affected part of your system until this is
  1. Curved Radiators
    • If you have a curved radiator which we have agreed to replace, we will:
  2. Fit a similar sized radiator on an adjacent ‘flat’ wall including any alterations to existing pipework, or
  3. Fit a curved radiator, supplied by you, to the existing wall space.
    • Where clause 1(b) applies, we accept no responsibility for any leaks to the radiator as a result of manufacturer fault.

16. Clever Care Upgrades and New Purchases

(With an existing boiler warranty) If you already have an existing boiler warranty with either the manufacturer or Clever Energy Boilers, you may choose to upgrade or purchase one of our Clever Care 45, Clever Care 65 or Clever Care 85 policies (as appropriate). This will provide you with extra cover should your condensate pipe become frozen in cold weather. The cost of the parts and labour required to repair the boiler will be covered as part of your policy.

17. Change of Ownership and Moving House

17.1 We may agree to the Agreement being transferred to the new owner of your property, subject always to the new owner entering into an agreement with us confirming that they are bound by these terms and conditions.

17.2 Where you want the Agreement to continue with you for a different property, please notify us as soon as possible. When we have received your new address we will transfer your details/agreement to your new address. We will then arrange an initial service inspection for you.

18. Gas Supply Cover

18.1 Gas supply cover can be added to your agreement, at an additional cost of £2 per month.

18.2 This covers parts and labour for the internal gas supply pipework within the property from the gas meter to the boiler and any other gas appliances.

19. Gas Fire Servicing

19.1 Annual gas fire servicing can be added to your agreement, at an additional cost of £4 (per fire) per calendar month.

19.2 This covers an annual service and does not include any repairs. Any repair work will be charged separately, with a quotation provided before proceeding.

20. Gas Leak

If you think you have a gas leak you MUST immediately call the National Gas Emergency Service (Transco) on 0800 111 999.

21. Limitation of Liability

21.1 We shall not be liable to you, whether in contract, or (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the agreement or the services.

21.2 Nothing in these Terms and Conditions shall limit or exclude our liability for:

a. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

b. Fraud or fraudulent misrepresentation;

c. Breach of the terms implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods and services act 1982 (title and quiet possession);

d. Breach of the terms implied by sections 13, 14 and 15 of the sale of goods act 1979 and sections 3, 4 and 5 of the supply of goods and services act 1982 (description, satisfactory quality, fitness for purpose and samples) 22. Suspension We shall be entitled to suspend provision of services if any payment is overdue or if we have the right to cancel under these Terms and Conditions (see ‘Cancellation’ below).

During the period of suspension you will not be entitled to make any claim.

23. Statutory Cancellation

23.1 Where the Agreement is not used for purposes of operating a business you may cancel our agreement within 14 days of its commencement without giving any reason.

23.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out below, but it is not
obligatory.

23.3 Cancellation form: I/We [*] hereby give notice that
I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper),

Date 24. Cancellation and Termination

24.1 Notwithstanding your statutory rights of cancellation under clause 22. you can cancel your agreement at any time in writing to us, giving 28 days notice.

24.2 If you cancel your agreement in the first year we may charge you for any work carried out (parts & labour) under the agreement. These will be charged at our standard rates.

24.3 In the event of a cancellation we reserve the right to charge at our current hourly rate with the addition of any parts used, for any work already carried out prior to cancellation.

24.4 We reserve the right to terminate your agreement on giving immediate notice to you in the following circumstances:

a. You have provided false information to us.

b. You fail to make a payment that is due and such payment remains overdue 30 days after the due date.

c. If circumstances change to alter the installation/design of the system, i.e. kitchen units/cupboards built around appliances, building extensions etc.

d. If Health and Safety issues make it unsafe for our engineer to work safely.

e. Under any provision of these terms and conditions that allow us to terminate.

25. Force Majeure

We shall not be liable to you as a result of any delay or failure to perform our obligations as a result of an event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure or delay of manufacturers or suppliers, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

26. Assignment

26.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of
its rights under an agreement and we may subcontract or delegate our obligations to any third party.

26.2 Save as permitted by clause 16., you shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under an agreement.

27. Notices

27.1 Notices under these terms and conditions can be delivered by hand or first class post.

27.2 A notice given by us to you shall be in writing and sent to the party at the address given in the order.

27.3 A notice given by you to us shall be sent to our
registered office address listed below.

28. General

28.1 If any of these Terms and Conditions is or becomes invalid, illegal or unenforceable, that provision shall be deemed deleted but the remaining terms and conditions shall not be affected.

28.2 Any dispute or claim arising out of or in connection with an agreement (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

28.3 No person other than you shall have any rights to enforce the terms of an agreement against us.

Clever Energy Boilers · Office 5C · Aire Valley Business Centre · Lawkholme Lane · Keighley · West Yorkshire · BD21 3BB. Telephone: 01274 214557 · E-mail: enquiriescleverenergyboilers.co.uk

Clever Energy Boilers is a trading name of The Green Deal Factory Limited. Registered in England and Wales. Company number 07117118. Authorised and Regulated by the Financial Conduct Authority.

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What customers say about Clever Energy Boilers

Brilliant service from all the team. Thanks. Our old boiler died and from a very reasonable quote to fitting a new one within a couple days. Excellent advice and workmanship too

Adrian Charlton, West Yorkshire

My old boiler went kaput, Clever Energy Boilers gave me a great price and fitted my new boiler within 3 days. Very pleased with the work carried out and would not hesitate to recommend to anyone needing a new boiler. A big thank you to both the installation team and the electrical man, both first class.

Mr Herbert, Yorkshire

Did an absolutely amazing job when we needed our boiler replacing. Not only were the cheapest, but also provided a quote within a day, came up with the most practical and best solution, started and completed the job in 2 days precisely as planned, left the place spotless, re-lagged all the pipes neatly, and then removed all the old kit and disposed of it. Really, really impressed, can’t recommend highly enough.

Ms Marie Moor, Driffield, Yorkshire

When we realised our boiler was on its last legs, we got a few quotes to get it replaced. Clever Energy Boilers were not the cheapest but we liked there fact we could pick up the phone and speak to someone, plus they got back to us when we had a query quickly.

Mr Denis Towers, Preston, Lancashire

We were desperate for a whole new boiler and heating system and the prices were terrible then my fella found Clever Energy Boilers so I gave them a ring and booked in for a quote…

Ms Kirsty Higgins, Halifax, Yorkshire

We had previously used Clever Energy Boilers as a family and they had come to us highly recommended. Richard  found a leak as part of tidying up which could have caused significant problems down the line. He found and repaired the problem along with fitting new radiators throughout the property. The job, service and quality was superb. We found them personable but most important all the work which was completed was done to such high quality. It wasn’t an easy job for them but they have further enhanced their reputation with what they carried out. I would therefore have no hesitation in recommending them to other family and friends and we are overall thankful to them for their work.

Ms Christine Kay, West Yorkshire