Service Plan Terms and Conditions

11. Exclusions

The following are not covered under any Agreement:

• Any event, loss or damage arising from circumstances known to you before your policy start date.
• 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 water.
3. Damage caused by floods, lightning, storms, frost, or extreme weather conditions.
4. Damage caused arising as a result of disconnection from or interruption to the gas, oil, electric or water mains services to the property.
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 callout.
9. Failure of components which would have been prevented by complying with our recommendations

The following services are not provided as part of our standard policies:

1. 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.
2. Replacement of decorative parts.
3. Supplying or installing of batteries to wireless controls.
4. Venting of radiators.
5. Any situation where due to statutory requirements, a specialist person is required, g. where asbestos is present.
6. Repairs/replacements required due to changes in legislation/health and safety
7. Work to curved radiators (see clause 14).
8. Removal of sludge, power flushing and other maintenance work required to prevent future breakdown.
9. Topping up of pressurised systems, i.e., combination boilers and system boilers.
10. Damage to external flue component and terminal guards. Repairs or replacement flues including the terminal with a re-setting of time controls and/or thermostats.
11. Supply the addition of inhibitors.
12. System noise caused by the age of the boiler/ system.
13. Work which is covered by manufacturer’s warranties.
14. Obtaining access to inaccessible equipment.
15. 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.
16. Repairing or replacing parts of your central heating system that are specifically designed for underfloor heating or warm air systems.
17. Appliances or equipment connected to pipework g. taps, showers, WC cisterns etc.
18. Electrical work.
19. 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

12. Our additional charges

We shall be entitled to charge at our standard hourly rates in the following circumstances:

1. Missed appointments.
2. Call outs where no fault is found.
3. Where we agree to provide any services that fall under clause 12. ‘Exclusions’.

13. 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

 

14. Curved Radiators

• If you have a curved radiator which we have agreed to replace, we will:

1. Fit a similar sized radiator on an adjacent ‘flat’ wall including any alterations to existing pipework, or;
2. Fit a curved radiator, supplied by you, to the existing wall space.
3. Where clause 1(b) applies, we accept no responsibility for any leaks to the radiator as a result of manufacturer fault.

15. Clever Care Upgrades and New Purchases

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.

 

16. Change of Ownership and Moving House

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.
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.

 

17. Gas Supply Cover

1. Gas Supply Cover can be added to your agreement, at an additional cost of £2 per month.
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.

18. Gas Fire Servicing

1. Annual Gas fire servicing can be added to your agreement, at an additional cost of £8.25 per fire per month.
2. This covers an annual service and does not include any Any repair work will be charged separately, with a quotation provided before proceeding.

19. Gas Leak

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

20. Limitation of Liability

• We shall not be liable to you, whether in contract, tort (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.
• Nothing in these Conditions shall limit or exclude our liability for:

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation; or
3. 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); or
4. 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).

21. 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.

22. Statutory Cancellation

• 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.
• 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.

Cancellation form details

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 [*]

23. Cancellation and Termination

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 in writing.
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.
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.
4. We reserve the right to terminate your agreement on giving immediate notice to you in the following circumstances:
   • You have provided false information to us.
   • You fail to make a payment that is due and such payment remains overdue 30 days after the due date.
   • If circumstances change to alter the installation/design of the system, i.e. kitchen units/cupboards built around appliances, building extensions etc.
   • If Health and Safety issues make it inappropriate for our engineer to work safely.
   • Under any provision of these terms and conditions that allow us to terminate.

24. 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.

25. Assignment

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.
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.

26. Notices

1. Notices under these terms and conditions can be delivered by hand or first class post.
2. A notice given by us to you shall be in writing and sent to the party at the address given in the order.
3. A notice given by you to us shall be sent to our registered office listed below.

27. General

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

28.  Extended Warranty

1. Clever Energy Boilers (“CEB”) offers an Extended Warranty (“the CEB Warranty”) with every Clever Care Policy purchased. The CEB Warranty is in addition to the standard manufacturer’s warranty. The CEB Warranty is provided subject to the Terms and Conditions in this document and those in the Schedule.
2. The CEB Warranty is 12 years.
3. The CEB Warranty is free but is subject to the Terms and Conditions in this document and in the Schedule which you should read carefully.
4. The CEB Warranty starts on the Inception Date shown in the Schedule. Provided that these Terms & Conditions are complied with throughout the term, the CEB Warranty will end on the Expiry Date shown in the Schedule. If these Terms and Conditions are not complied with, the CEB Warranty will lapse immediately and any claims will be invalid.
5. In order to maintain a valid CEB Warranty you must have the new boiler serviced annually by CEB. CEB will advise you in writing or by telephone of the annual service date. The annual service must be completed within 3 months of the annual service date. It is your responsibility to contact CEB to make an appointment for each annual service once you have been advised of the annual service date.
6. The CEB Warranty applies to the following:
   Repair or replacement by CEB (or its authorized representatives) in relation to defective materials or manufacturing faults during the term of the CEB Warranty;
   Labour charges of CEB (or its authorized representatives) associated with from repair or replacement of defective materials or manufacturing faults during the term of the CEB Warranty.
7. The CEB Warranty does not apply to the following:
   Repairs to mini-expansion vessels;
   Replacement of consumables specified by CEB, including but not limited to: oil, nozzles, hoses, gaskets and batteries;
   Replacement of fuel lines to the new boiler, plugs and cables;
   Replacement of or repairs to radiators and other space heating equipment, external water, gas and oil pipelines/services, external electric wiring, external pumps, flue-ways, fire valves, filters, water and oil storage tanks;
   Damage caused by faulty installation, theft, tampering, neglect, misuse, accident, fire, flood, explosion, lightning, storms, frost or other adverse weather conditions;
   Damage caused by non-observance of manufacturer user instructions;
   Damage caused by scale, sludge or blockages in the system;
   Damage caused by adjustments to the system by any unauthorized third party;
   Any upgrading/improvement works required in consequence of legislation or in order to meet new regulations;
   Servicing;
   Descaling, chemical cleansing/flushing;
   Bleeding of oil supply pipes;
   Start up or adjustment to controls/switches, except following approved works;
   Self-maintenance tasks (e.g. re-pressurisation, resetting, bleeding and thawing of frozen condensate pipes/wastes). For guidance on self-maintenance tasks please call CEB on 0330 055 2210 and ask for the Clever Care Team.
8. In order to make a claim under the CEB Warranty you must contact CEB to make an appointment for inspection of your boiler by one of CEB’s engineers (or an authorized CEB representative).
9. Whilst CEB will make reasonable efforts to respond to CEB Warranty claims, time will not be of the essence with regard to attendance at your property by a CEB engineer (or authorised representative).
10. Only claims made within the CEB Warranty period will be valid.
11. CEB imposes no limit of the value of any claim or the number of claims which can be made under the CEB Warranty provided that your boiler is not Beyond Economical Repair.
12. Your boiler will be Beyond Economical Repair if the total cost of parts (including VAT) required to carry out a repair exceeds 55% of the manufacturer’s current retail price (or, if this price is not available, the average current retail price available through leading UK suppliers) for a boiler of the same or a similar make and model to your boiler or the then current version of your model of boiler.
13. New parts will only be fitted under the CEB Warranty when the existing part is beyond repair. If the same part(s) cannot be fitted, CEB may fit (or authorize the fitting of) an alternative part(s) of the same or similar quality to those originally fitted to your boiler.
14. In the event that replacement or suitable alternative parts are unavailable or would take more than 28 days to source, CEB will be unable to complete the repair under the CEB Warranty. In those circumstances CEB may, in its absolute discretion, make a financial contribution towards the cost of a new boiler to be supplied and installed by CEB or its authorized representative.
15. In the event that:
    You are unable to attend an agreed CEB Warranty appointment; or
    No fault covered by the CEB Warranty is found during a CEB Warranty appointment,
16. CEB will, in its absolute discretion, be entitled to make a charge in accordance with its standard hourly rate as published on the CEB website at [https://cleverenrgyboilers.co.uk].
17. Any products, parts or components removed during works under the CEB Warranty will become the property of CEB.
18. You can transfer the CEB warranty as long as the boiler has been serviced by CEB every year AND the new owner continues to use CEB to service the boiler.
19. CEB will not be liable to you as a result of any delay or failure to perform its obligations as a result of any event beyond CEB’s reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes (whether involving CEB’s workforce or the workforce of 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 law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or the default of any subcontractor;
20. CEB may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this CEB Warranty with you and may subcontract or delegate its obligations to any third party;
21. If any of these Terms and Conditions is or becomes invalid, illegal or unenforceable, that provision shall be deemed to be deleted but the remaining terms and conditions shall not be affected;
22. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be governed and construed in accordance with the Law of England and Wales and the Courts of England and wales shall have exclusive jurisdiction to settle any dispute or clam arising out of or in connection with these Terms and Conditions.
23. Save as provided no person other than you shall have any rights to enforce the terms of this CEB Warranty against CEB or its assigns.
24. The Extended Warranty is only valid for customers who have set up their Clever Care policy within 15 months of Installation or at the discretion of the Managing Director.
25. Clever Energy Boilers · Office 25B, Aire Valley Business Centre, Lawkholme Lane, Keighley, West Yorkshire, BD21 3BB. Telephone 0330 055 2210 Email enquiries@cleverenergyboilers.co.uk
26. 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.