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 customer.
Basis of Contract
- An Agreement will come into existence when we have given notice to you that we have accepted your Order.
- The Agreement constitutes the entire agreement between the parties and supersedes any prior statement, promise, representation, assurance or warranty made or given. No variation shall be effective unless it is agreed in writing and signed by us.
- We shall provide the services to you, as set out on the Order.
- 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 conditions.
- 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.
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.
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 instructions.
- 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:
- Inform you of what rectification work is required and what the cost will be to have the work undertaken, or
- offer you the same agreement, but exclude the part/parts that require attention.
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.
- 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.
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 repair. 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”.
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.
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 payable.
- 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 forthwith. 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.
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”).
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:
- Damage caused by either you or someone else;
- Damage caused by problems with the supply of gas, oil, electric or water.
- Damage caused by floods, lightning, storms, frost, or extreme weather conditions.
- Damage caused arising as a result of disconnection from or interruption to the gas, oil, electric or water mains services to the property.
- Damage caused where the property has been unoccupied for 60 or more consecutive days
- The Boiler and/or any equipment not being serviced or maintained regularly
- The Boiler and/or any equipment not being installed to British Standards and/or the manufacturer’s instructions.
- 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.
- 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:
- 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.
- Replacement of decorative parts.
- Supplying or installing of batteries to wireless controls.
- Venting of radiators.
- Any situation where due to statutory requirements, a specialist person is required, e.g. where asbestos is present.
- Repairs/replacements required due to changes in legislation/health and safety guidelines.
- Work to curved radiators (see clause 15.)
- Removal of sludge, power flushing and other maintenance work required to prevent future breakdown. Topping up of pressurised systems, i.e., combination boilers and system boilers.
- Damage to external flue components and terminal guards. Repairs or replacement flues including the terminal with a re-setting of time controls and/or thermostats.
- Supply the addition of inhibitors.
- System noise caused by the age of the boiler/ system.
- Work which is covered by manufacturer’s warranties.
- Obtaining access to inaccessible equipment.
- 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.
- Repairing or replacing parts of your central heating system that are specifically designed for underfloor heating or warm air systems.
- Appliances or equipment connected to pipework e.g. taps, showers, WC cisterns etc.
- 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.
Our additional charges
- We shall be entitled to charge at our standard hourly rates in the following circumstances:
- Missed appointments.
- Call outs where no fault is found.
- Where we agree to provide any services that fall under clause 12. ‘Exclusions’.
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 flushed.
- 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 fitted.
- 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 completed.
- If you have a curved radiator which we have agreed to replace, we will:
- Fit a similar sized radiator on an adjacent ‘flat’ wall including any alterations to existing pipework, or
- Fit a curved radiator, supplied by you, to the existing wall space.
- Where clause 15.1(b) applies, we accept no responsibility for any leaks to the radiator as a result of manufacturer fault.