Boiler Care Terms
1. INTRODUCTION
Please read these Terms and Conditions carefully as they form part of Your Boiler Care Contract with Us and explain the services We will provide, what is and is not covered, and Your responsibilities under the Plan.
Corstorphine Gas Services Limited provides Boiler Care plans for eligible domestic boilers and, depending on the Plan You have selected, certain parts of the central heating system. The services and level of cover provided to You are those shown in Your Schedule and are subject to these Terms and Conditions.
Boiler Care is intended to help maintain Your Boiler and, where applicable, Your System, and to provide assistance when covered faults occur. It does not guarantee that Your Boiler or System will remain fault-free or that every fault or breakdown can be repaired.
Eligibility
To take out Boiler Care, You must be at least 18 years old. The Property covered by the Plan must be within Our service area.
To be eligible for Boiler Care, the Boiler must:
- be a natural gas, LPG or oil-fired boiler installed at the Property;
- be used principally for normal domestic heating and/or hot water purposes;
- be in good working order when the Plan starts;
- be under 15 years old on the date the Plan starts; and
- meet the eligibility requirements set out in these Terms and Conditions.
Boiler Care is not available for:
- electric boilers;
- warm air heating units;
- combined heat and power units;
- commercial or industrial boilers;
- boilers with an input rating greater than 58.6 kW; or
- boilers installed in boats, mobile homes or other mobile or temporary accommodation.
Note: Each Boiler Care Plan covers one Boiler only. If there is more than one Boiler at the Property, a separate Boiler Care Plan is required for each additional Boiler You wish to cover.
Is Boiler Care right for You?
We do not assess Your individual requirements or recommend which Boiler Care Plan You should choose. It is Your responsibility to decide whether the Plan You select meets Your requirements.
Before purchasing Your Plan, and when You receive Your Schedule, please read these Terms and Conditions together with Your Schedule carefully to make sure You understand the cover provided and that the information shown is correct.
If anything in Your Schedule is incorrect, or if You have any questions about Your Plan or the cover provided, please contact Us as soon as possible.
2. DEFINITIONS
Wherever the following words and phrases appear in these Terms and Conditions, they will have the following meanings:
“Agreement” or “Contract” means Your Boiler Care Contract with Us, consisting of these Terms and Conditions together with Your Schedule.
“Boiler” means the single natural gas, LPG or oil-fired domestic boiler covered by Your Plan, as identified in Your Schedule.
“Call-out” means a request by You for Us to attend the Property in connection with a suspected fault or breakdown which may be covered by Your Plan.
“Contract Price” means the total price payable by You for Your Boiler Care Contract, as set out in Your Schedule.
“Contract Year” means each period of 12 months beginning on the Start Date and each subsequent period of 12 months beginning on a Renewal Date.
“Controls” means the programmer or time clock, room thermostat, cylinder thermostat and zone valves associated with the covered Boiler or System, where fitted and where included within Your Plan. Controls do not include thermostatic radiator valves or the fused spur switch.
“Home” or “Property” means the domestic property identified in Your Schedule at which the Boiler is installed and to which Your Boiler Care Plan applies.
“Plan” or “Boiler Care Plan” means the level of Boiler Care cover You have selected, as set out in Your Schedule and subject to these Terms and Conditions.
“Renewal Date” means each anniversary of the Start Date on which Your Boiler Care Contract renews.
“Schedule” means the document We provide to You which confirms the details of Your Boiler Care Contract, including the Property, the Plan selected, the Boiler covered, the Start Date, the Contract Price and Your payment details.
“Service” or “Annual Service” means the annual service of Your Boiler carried out by Us as part of Your Boiler Care Plan in accordance with these Terms and Conditions.
“Sludge” means the accumulation of magnetite, rust, scale, dirt or other deposits or contaminants within the Boiler or System, or within the water circulating through it.
“Start Date” means the date on which Your Boiler Care Contract starts, as shown in Your Schedule.
“System” means the parts of the domestic central heating system covered by Your particular Plan, which may include radiators, radiator valves, expansion tanks and accessible and visible central heating pipework, but excludes any item specifically excluded by these Terms and Conditions or Your Schedule.
“We”, “Us” or “Our” means Corstorphine Gas Services Limited, a company registered in Scotland under company number SC590967, whose registered office is at 100F Saughton Road North, Edinburgh, EH12 7JN.
“Work” means any Service, inspection, maintenance or repair carried out by Us under Your Boiler Care Contract.
“You” or “Your” means the person who has entered into the Boiler Care Contract with Us and is named as the customer in the Schedule.
3. FEES AND PAYMENT
3.1 Contract Price and Payment
The Contract Price for Your Boiler Care Plan is shown in Your Schedule.
Unless We agree otherwise, payment will be collected by Direct Debit using Our payment provider.
Where You pay monthly, Your monthly payments are instalments towards the Contract Price for the full Contract Year. Paying by monthly instalments does not make Your Boiler Care Contract a monthly contract.
You are responsible for ensuring that Your Direct Debit remains active, that sufficient funds are available when payments are due, and that You tell Us promptly if Your payment details change.
3.2 Missed or Failed Payments
If We are unable to collect a payment when it becomes due, We or Our payment provider may attempt to collect the payment again.
If a payment remains outstanding, We may suspend Your Boiler Care Plan until all outstanding payments have been received. While Your Plan is suspended, You will not be entitled to a Service, Call-out, repair or other Work under the Plan.
If the outstanding amount is not paid within 14 days of the original due date, We may cancel Your Boiler Care Contract by giving You notice.
Suspension or cancellation of Your Boiler Care Contract does not affect Our right to recover any amounts which are due and payable by You.
3.3 Contract Year and Annual Service
Where an Annual Service is included in Your Plan, You will be eligible to book Your first Annual Service once You have completed 12 months of payments under Your Boiler Care Contract and all payments due during that period have been made.
Once You are eligible for Your Annual Service, You may contact Us to arrange the Service at a suitable time. The Service does not have to be carried out on, or immediately following, the anniversary of Your Start Date and is subject to appointment availability.
You must ensure that Your Boiler Care Contract and payments remain up to date until You have completed the required 12 months of payments.
We may contact You to remind You that Your Annual Service is available, but You remain responsible for contacting Us to arrange the Service and for providing reasonable access to the Property.
3.4 Price Changes
We may change the Contract Price when Your Boiler Care Contract renews.
We will tell You about any change to the Contract Price before the Renewal Date. Any new Contract Price will apply from the Renewal Date.
We may also change the Contract Price during a Contract Year where this is necessary because of a change in VAT or another tax, levy or charge imposed by law which affects the price of Your Boiler Care Plan.
4. WHAT IS COVERED?
4.1 Your Boiler Care Plan
Boiler Care is a service and maintenance agreement and is not a contract of insurance, an insurance policy or a guarantee.
The services and level of cover provided under Your Boiler Care Plan depend on the Plan You have selected. Your Schedule sets out the Plan You have purchased and should be read together with these Terms and Conditions.
Subject to the level of cover shown in Your Schedule, Your Plan may include:
an Annual Service;
Call-outs for covered faults or breakdowns;
labour required to carry out covered repairs; and
replacement parts required to carry out covered repairs.
All cover is subject to the limits and exclusions set out in these Terms and Conditions and Your Schedule.
4.2 Annual Service
Where an Annual Service is included in Your Plan, You will become eligible to book Your first Annual Service once You have completed 12 months of payments and all payments due during that period have been made.
Once You become eligible for an Annual Service, You are responsible for contacting Us to arrange it. We may contact You to remind You that Your Annual Service is available, but You remain responsible for arranging the Service.
Your Annual Service will be carried out by a suitably qualified engineer in accordance with applicable safety requirements and, where appropriate, the Boiler manufacturer’s servicing instructions.
The Annual Service is intended to inspect and service the Boiler and does not guarantee that the Boiler, Controls or System will remain fault-free or will not subsequently break down.
Annual Services are carried out by appointment, are subject to engineer availability and do not have to be carried out on, or immediately following, the anniversary of Your Start Date.
You are responsible for providing reasonable access to the Property so that the Annual Service can be carried out.
4.3 Call-outs and Repairs
Where Call-outs and repairs are included in Your Plan, You may contact Us if You experience a fault or breakdown which You believe is covered by Your Plan.
We will assess the reported fault and, where We consider an onsite visit appropriate, arrange for a suitably qualified engineer to attend the Property.
Appointments will normally take place during Our normal working hours on a date agreed with You. We may offer appointments outside Our normal working hours at Our discretion, but Your Plan does not guarantee an emergency, same-day or out-of-hours response unless this is specifically stated in Your Schedule.
Where a fault or breakdown is covered by Your Plan, We will provide the Call-out, labour and replacement parts reasonably required to carry out the covered repair, subject to the repair limit and any other applicable limits or exclusions set out in these Terms and Conditions or Your Schedule.
All Work under Your Boiler Care Plan must be carried out by Us or by an engineer or contractor authorised by Us. We will not reimburse the cost of Work arranged or carried out by You or by another person without Our prior agreement.
4.4 Replacement Parts
Where a covered repair requires a replacement part, We will determine the part reasonably required to complete the repair.
We may use an original manufacturer part or a suitable compatible part of equivalent specification where appropriate.
Cover for replacement parts is subject to availability and to the exclusions and repair limits set out in these Terms and Conditions.
We are not responsible for delays caused by the availability of replacement parts or other circumstances outside Our reasonable control.
4.5 Repair Limit
The maximum value of covered repairs We will provide under Your Boiler Care Plan during each Contract Year is £1,500 in total.
For the purpose of calculating this limit, the value of each covered repair will be based on the normal retail price We would have charged a customer who was not covered by a Boiler Care Plan for the same Work at the time the Work is carried out. This includes the applicable Call-out, labour and replacement parts.
We will deduct the retail value of each covered repair from the £1,500 repair limit for that Contract Year.
If the cost of a proposed repair would cause You to exceed the remaining repair limit, We will tell You before carrying out the Work. We may offer to carry out the repair if You agree to pay the amount which exceeds Your remaining repair limit.
Once the £1,500 repair limit has been reached, We will not be responsible for the cost of any further repairs during that Contract Year. We may offer to carry out additional Work at Your cost and will tell You about the charges before carrying out that Work.
The cost or retail value of Your Annual Service does not count towards the £1,500 repair limit.
4.6 Manufacturer’s Guarantee or Warranty
Your Boiler Care Plan does not cover Work which is covered by a manufacturer’s guarantee or warranty.
Where We reasonably believe that a fault or breakdown should be dealt with under a manufacturer’s guarantee or warranty, We may ask You to contact the manufacturer or warranty provider before We carry out Work under Your Plan.
4.7 Unsafe Boilers or Systems
If, during a Service, Call-out or other Work, We identify that Your Boiler, appliance or System is unsafe, We will explain the issue to You and take any action reasonably necessary to comply with applicable safety requirements.
This may include turning off, isolating or disconnecting the affected Boiler, appliance or equipment and attaching an appropriate warning notice.
You must not use any Boiler, appliance or equipment which has been identified as unsafe until the fault or unsafe condition has been properly rectified.
If the Work required to make the Boiler, appliance or System safe is not covered by Your Plan, We may provide You with a separate quotation for the required Work.
5. COMMENCEMENT, DURATION and RENEWALS
5.1 Start of Your Boiler Care Contract
Your Boiler Care Contract will start on the Start Date shown in Your Schedule.
Your initial Contract Year will run for 12 months from the Start Date, subject to these Terms and Conditions.
Your obligation to make payments begins on the Start Date. Your eligibility for an Annual Service is determined in accordance with Sections 3 and 4 of these Terms and Conditions.
5.2 Initial Contract Year
Your Boiler Care Contract has a minimum initial term of 12 months.
Where You pay monthly, You are agreeing to pay the Contract Price for the full Contract Year in monthly instalments. Paying by monthly instalments does not make Your Boiler Care Contract a monthly contract.
Unless You have a statutory right to cancel or We agree otherwise, You remain responsible for the Contract Price for the full initial Contract Year if You choose to end Your Boiler Care Contract before the end of that Contract Year.
5.3 Renewal
At the end of the initial Contract Year, Your Boiler Care Contract will automatically renew for a further Contract Year unless You or We give notice that the Contract is to end.
Your Boiler Care Contract will continue to renew for successive Contract Years in this way until it is cancelled by You or Us in accordance with these Terms and Conditions.
We will contact You before each Renewal Date to tell You about any change to Your Contract Price or any material change to Your Boiler Care Plan which will apply from the Renewal Date.
5.4 Cancelling at Renewal
You may tell Us at any time before Your Renewal Date that You do not want Your Boiler Care Contract to renew.
If You do so, Your Boiler Care Contract will end at the end of the current Contract Year and You will not be required to pay the Contract Price for a further Contract Year.
Any amounts which are already due for the current Contract Year will remain payable.
Choosing not to renew does not affect Your entitlement to an Annual Service which You have already become eligible for under Section 5.5.
5.5 Annual Service Following Completion of a Contract Year
Once You have completed 12 months of payments under Your Boiler Care Contract and all payments due for that period have been made, You will become eligible for the Annual Service included in Your Plan.
You do not need to renew Your Boiler Care Contract for a further Contract Year in order to receive an Annual Service which You have already become eligible for.
If Your Boiler Care Contract ends or You choose not to renew after completing the required 12 months of payments, You may still contact Us to arrange the Annual Service You became eligible for during that Contract Year.
You must book Your Annual Service within 12 months of the date on which You became eligible for it. If You do not book the Annual Service within this period, Your entitlement to that Annual Service will expire.
If You continue Your Boiler Care Contract into a further Contract Year, You will become eligible for a further Annual Service after completing a further 12 months of payments, provided all payments due for that period have been made.
Annual Services cannot be accumulated or carried forward beyond the applicable 12-month booking period. Each Annual Service relates to the 12-month period of payments through which You became eligible for it.
An unused Annual Service cannot be transferred to another person or Property, exchanged for cash, refunded or used as credit towards any other Work.
All Annual Services are subject to appointment availability and the other terms, conditions and exclusions of Your Boiler Care Plan.
5.6 Changes on Renewal
We may make reasonable changes to the Contract Price, the services provided or these Terms and Conditions from a Renewal Date.
We will tell You before the Renewal Date about any change which materially affects Your Boiler Care Contract.
If You do not wish to continue Your Boiler Care Contract following a change, You may tell Us before the Renewal Date that You do not wish to renew. Your Boiler Care Contract will then end at the end of the current Contract Year.
Any change which takes effect from a Renewal Date will not affect an Annual Service which You became eligible for by completing the previous Contract Year.
6. GAINING ACCESS TO YOUR PROPERTY AND ARRANGING APPOINTMENTS
6.1 Arranging Appointments
Services, Call-outs and other Work under Your Boiler Care Plan will be carried out by appointment, except where We agree otherwise.
We will agree an appointment date and, where applicable, an estimated arrival window with You. Appointment dates and arrival times are subject to engineer availability and may be affected by circumstances outside Our reasonable control.
Unless We specifically agree otherwise, an appointment time or arrival window is an estimate and We do not guarantee that an engineer will arrive at an exact time.
6.2 Access to the Property
You must provide Us with reasonable and safe access to the Property, Boiler, Controls, System and any other equipment We reasonably need to inspect or Work on.
Unless alternative access arrangements have been agreed with Us in advance, a responsible person aged 18 or over must be present at the Property for the duration of Our visit.
You are responsible for ensuring that We have any keys, access codes, parking permits or other permissions reasonably required to gain access to the Property.
If the Property is rented, You are responsible for making any necessary arrangements with the tenant or occupier to allow Us access.
6.3 Preparing for Our Visit
You must take reasonable steps to ensure that the area in which We need to Work is accessible and safe before Our engineer arrives.
This includes, where reasonably required:
removing furniture, stored items or other obstructions which prevent reasonable access;
ensuring that the Boiler and relevant parts of the System can be safely accessed;
ensuring that gas or other applicable fuel, electricity and water supplies required to carry out the Work are available; and
telling Us before the appointment about any known hazards or circumstances which may affect Our ability to carry out the Work safely.
We are not responsible for moving heavy furniture, removing fitted units or other fixtures, lifting or replacing floor coverings, or carrying out building or structural Work in order to gain access unless We have specifically agreed to do so.
6.4 Cancelling or Changing an Appointment
If You need to cancel or change an appointment, You must tell Us as soon as reasonably possible.
Where You give Us at least 24 hours’ notice, no cancellation charge will normally apply.
If You cancel or change an appointment less than 24 hours before the start of the agreed arrival window, We may charge a reasonable late cancellation fee.
If You cancel less than 2 hours before the start of the agreed arrival window, or if Our engineer attends and is unable to gain access to the Property, We may charge a missed appointment fee.
Any cancellation or missed appointment fee will be based on Our standard charges in force at the time and We will tell You the amount payable.
6.5 Unable to Carry Out Work
If We attend the Property but are unable to carry out some or all of the planned Work for a reason outside Our reasonable control, We may rearrange the appointment and may make a reasonable charge for the aborted visit.
This may include circumstances where:
We cannot gain access to the Property or relevant equipment;
the Boiler, System or working area has not been made reasonably accessible;
required gas or other fuel, electricity or water supplies are unavailable;
information provided to Us about the fault, Boiler, System or Property is materially incorrect;
We identify asbestos, dangerous materials, infestation or another health and safety risk;
the conditions at the Property would make it unsafe or unreasonable for Our engineer to carry out the Work; or
a person at the Property behaves in a threatening, abusive or violent manner towards Our staff or contractors.
Where possible, We will explain why the Work cannot be carried out and what needs to happen before another appointment can be arranged.
6.6 Delays and Rearranging Appointments
We may need to cancel, delay or rearrange an appointment because of circumstances outside Our reasonable control, including severe weather, traffic disruption, engineer illness or absence, emergencies, delays on earlier jobs, availability of parts or other unexpected circumstances.
If this happens, We will make reasonable efforts to contact You and arrange another suitable appointment.
We will not charge You a cancellation fee where an appointment is cancelled or rearranged by Us.
7. SAFETY ADVICE
7.1 Gas Leaks
If You smell gas or suspect a gas leak, You should immediately:
turn off the gas supply at the emergency control valve, if it is safe to do so;
extinguish all naked flames;
do not smoke, vape or use anything which could create a flame or spark;
do not operate electrical switches, plugs or appliances;
open doors and windows to ventilate the Property, where it is safe to do so; and
leave the Property if You believe there is an immediate danger.
You should contact the National Gas Emergency Service immediately on 0800 111 999.
Do not rely on contacting Us through Your Boiler Care Plan as an alternative to contacting the emergency service where You smell gas or suspect a gas leak.
7.2 Carbon Monoxide
If a carbon monoxide alarm activates, or if You suspect that carbon monoxide may be present at the Property, You should stop using the suspected appliance, ventilate the Property where it is safe to do so, leave the Property if necessary and seek appropriate emergency assistance.
Do not use a Boiler or other appliance which You suspect may be producing carbon monoxide until it has been inspected and confirmed as safe by a suitably qualified person.
7.3 Oil or LPG Leaks
If You suspect an oil or LPG leak, You should stop using the affected Boiler or equipment and, where it is safe to do so, isolate the fuel supply.
Keep flames, cigarettes and other sources of ignition away from the affected area.
If there is an immediate risk to people or Property, leave the area and contact the appropriate emergency service or fuel supplier.
7.4 Unsafe Boilers or Equipment
If We identify a Boiler, appliance, System or other equipment as unsafe during a Service, Call-out or other Work, We may turn off, isolate or disconnect the affected equipment where reasonably necessary to protect people or Property and to comply with applicable safety requirements.
We will explain the reason for this to You and, where appropriate, provide information about the Work required before the affected equipment can safely be used again.
You must not reconnect, use or attempt to operate equipment which has been identified as unsafe until the unsafe condition has been properly rectified.
Work required to make unsafe equipment compliant or safe will only be covered where that Work falls within the cover provided by Your Plan. If it is not covered, We may provide You with a separate quotation.
8. SPARE PARTS
8.1 Parts Included in Your Plan
Whether replacement parts are included in Your Boiler Care Plan depends on the level of cover You have selected. Your Schedule sets out whether Your Plan includes the cost of replacement parts.
Where replacement parts are included in Your Plan and are required as part of a covered repair, We will supply and fit the parts reasonably required to complete the repair, subject to the repair limit and the other terms and exclusions of Your Plan.
Where replacement parts are not included in Your Plan, You will be responsible for the cost of any parts required. We will tell You the cost of the parts and obtain Your agreement before ordering or fitting any chargeable parts. Any labour which is covered by Your Plan will remain covered, subject to these Terms and Conditions.
8.2 Replacement Parts
We will determine the replacement part reasonably required to complete a repair.
Where reasonably available and appropriate, We may use an original manufacturer’s part or a suitable compatible part of equivalent specification.
We are not required to fit a part which We reasonably consider to be unsuitable, unsafe or incompatible with Your Boiler, Controls or System.
8.3 Availability of Parts
All replacement parts are subject to availability.
We will make reasonable efforts to obtain parts required to complete a repair, but We cannot guarantee that any particular part will be immediately available.
Where a required part is temporarily unavailable, We may need to delay or rearrange the repair while We obtain the part.
We will not be responsible for delays caused by manufacturers, suppliers, distributors, delivery services or other circumstances outside Our reasonable control.
8.4 Obsolete or Discontinued Parts
If a part required to repair Your Boiler, Controls or System has been discontinued, is obsolete or is no longer reasonably available, We will make reasonable efforts to identify a suitable compatible alternative where one is available and appropriate.
If the required part and a suitable compatible alternative cannot reasonably be obtained, We may be unable to complete the repair.
The unavailability of a replacement part does not require Us to replace the Boiler, Controls, System or any other equipment unless Your particular Plan specifically includes such replacement.
8.5 Additional Work Required to Fit Parts
Where parts are included in Your Plan, the fitting of replacement parts required as part of a covered repair is covered, subject to the repair limit and the other terms and exclusions of Your Plan.
Where parts are not included in Your Plan, You will be responsible for the cost of the replacement parts, but covered labour required to fit those parts will remain included in accordance with Your Plan.
Your Plan does not cover alterations, upgrades, building work or other additional Work which is required solely because a replacement part differs from the original installation or because the existing installation requires alteration or upgrading.
If additional Work is required which is not covered by Your Plan, We will explain this to You and, where appropriate, provide a separate quotation before carrying out the additional Work.
9. GUARANTEES
All parts we fit will remain subject to any manufacturer’s guarantee.
10. INTERNET CONNECTED HEATING CONTROLS
Where internet connected heating Controls are included in Your Plan, cover is limited to faults with the covered heating-control equipment itself.
We are not responsible for faults or loss of functionality caused by Your internet or Wi-Fi connection, mobile device, third-party app or service, software updates, account or login issues, or the availability of services provided by the manufacturer or another third party.
You are responsible for maintaining a suitable internet connection and any accounts, devices or subscriptions required to use internet connected Controls.
11. YOUR CANCELLATION RIGHTS
You have the right to cancel Your Boiler Care Contract within 14 days of the date the Contract is entered into, without giving any reason.
To cancel during this period, You must tell Us clearly that You wish to cancel. You may contact Us by telephone, email or in writing.
If You ask Us to provide services under Your Plan during the 14-day cancellation period and then cancel before that period ends, We may charge You a reasonable amount for any services We have provided up to the date You cancel, where permitted by law.
After the 14-day cancellation period, Your Boiler Care Contract is subject to the 12-month minimum term. Unless You have another statutory right to cancel or We agree otherwise, You remain responsible for the Contract Price for that Contract Year.
Your statutory rights are not affected.
12. OUR CANCELLATION RIGHTS
We may cancel Your Boiler Care Contract by giving You reasonable notice where:
- You fail to make payments when due;
- You provide false, misleading or materially incorrect information;
- Your Boiler, System or Property does not meet, or no longer meets, the eligibility requirements of Your Plan;
- You fail to provide reasonable access to the Property or repeatedly miss agreed appointments;
- You fail to carry out Work which We reasonably require before We can safely continue providing cover;
- You, or anyone at the Property, behaves in a threatening, abusive or violent manner towards Our staff or contractors;
- We reasonably believe that Your Plan is being used fraudulently or improperly; or
- circumstances outside Our reasonable control mean that We can no longer reasonably provide the services under Your Plan.
We may cancel Your Boiler Care Contract immediately where there is a serious safety risk, fraud, violence or other circumstances which make it unreasonable or unsafe for Us to continue providing services.
If We cancel Your Boiler Care Contract, You will remain responsible for any amounts which became due before the cancellation date. Any refund due to You will be calculated fairly taking account of the reason for cancellation and any services already provided.
Cancellation by Us will not affect any rights or liabilities which arose before the Contract ended.
13. EXCLUSIONS
Your Boiler Care Plan is subject to the exclusions set out below. Unless specifically stated as covered in Your Schedule, We will not provide or pay for Work, parts or services which are excluded under these Terms and Conditions.
If Work is required which is not covered by Your Plan, We will tell You and may offer to carry out the Work at Your cost. Where appropriate, We will provide a quotation before carrying out any chargeable Work.
14. GOVERNING LAW
These Terms and Conditions and Your Boiler Care Contract are governed by Scots law.
If You are a consumer resident elsewhere in the United Kingdom, You will also benefit from any mandatory protections provided by the law of the part of the United Kingdom in which You live.
Any dispute may be dealt with by the courts which have jurisdiction under applicable law.
15. CUSTOMER SERVICE AND COMPLAINTS
We aim to provide a high standard of service. If You have a question, concern or complaint about Your Boiler Care Plan or any Work We have carried out, please contact Us using the contact details provided in Your Schedule or on Our website.
We will investigate Your complaint and make reasonable efforts to resolve it promptly and fairly. We may ask You to provide further information or allow Us reasonable access to the Property where this is necessary to investigate or resolve the matter.
Where a complaint relates to Work carried out by Us, You should give Us a reasonable opportunity to inspect the Work and, where appropriate, put matters right before arranging remedial Work with another contractor.
Making a complaint does not affect Your statutory rights.
16. USEFUL CONTACT DETAILS
Our address is: Corstorphine Gas Services Limited, 100F Saughton Road North, Edinburgh, EH12 7JN
Our telephone number is: 07436 919 048
Our email address is: [email protected]
Our office opening hours are: Monday to Friday 8.00am – 4:30pm excluding public holidays.
17. USING YOUR PERSONAL INFORMATION
We will collect and use Your personal information to set up and administer Your Boiler Care Plan, collect payments, arrange Services and Call-outs, provide Work, communicate with You and meet Our legal and regulatory obligations.
We may share Your personal information with third parties where reasonably necessary to provide or administer Your Plan, including payment providers, engineers, contractors, professional advisers and service providers acting on Our behalf.
We will handle Your personal information in accordance with applicable data protection law and Our Privacy Policy, which explains in more detail how We use Your information, how long We keep it and Your rights.
Our current Privacy Policy is available on Our website.
You are entitled to receive a copy of any information we hold about you. Please write to us at the address below:
100F Saughton Road North Edinburgh
EH12 7JN
EXCLUSIONS SUMMARY
You are not covered for
1.1 Design or Existing Faults
We will not carry out repairs if there are design faults, faults which existed before You entered into this Agreement with Us, faults which We identified on a previous visit or Contract at the property, or faults which We could not, using reasonable care or skill, identify on Our first Service or a repair call out. For example, this would apply to pipes buried under concrete floors, or any pipes that do not have acceptable pipe protection (acceptable pipe protection for pipes under floors is factory sheathed, soft copper laid through plastic ducting). Joints should not be located in the plastic ducting / sleeve, and the pipes should be installed according to the manufacturer’s instructions.
1.2 Accidental Damage, Third Party Damage and Damage from Deliberately Taking Risks
We will not stand the cost relating to damage caused by You, or any third party, if Work is carried out on Your Boiler or System or any other components covered by Your Contract by someone other than Us, whether or not following Our advice (e.g. power flush), which results in damage to that or another part of Your system. The repair will be excluded from Your Contract.
1.3 All other Loss or Damage
Any cost or expense, (unless caused by Our negligence), caused by necessary access and / or associated with reinstating the fabric of the Home and costs associated with the remedial Work, redecoration, or restoration of any fixtures or fittings needing to be removed or replaced, during the carrying out of any Work.
Unless caused by Our negligence, We will not be responsible for any loss or damage to Your Home as a result of Your Boiler or System breaking or failing, including cleaning needed, or damage to fixtures or furniture; for example, damage caused by water leaks.
1.4 Making Good
We will not be responsible for making good any damage necessary that We have caused in order to carry out any repair or maintenance in order to meet Our obligations under this Contract. For example, filling in holes. We will not be responsible for replacing the original surface or construction (for example, redecoration).
1.5 Risks Normally Insured Under Household or Other Insurances
Except and only to the extent specifically stated under this Contract, We will not include the repairing of faults or damage or replacement of appliances or systems caused by freezing weather conditions, subsidence, structural repairs, accident, fire, lighting, explosion, flood or storm.
If anything specifically stated that has been included in this Contract is also included under any other insurance or maintenance Contract You hold, the repair will be the responsibility of the provider of Your other insurance or maintenance Contract.
We will not carry out any repairs under this Service Contract that are covered by insurance policies that You hold. This will be the responsibility of the insurance provider.
1.6 Cooling-off period
An Incident which happens within the first 14 days of cover (cooling-off period)
1.7 General Exclusions that apply to all Contracts
Agreement limitations
We will not include the following:
- Any matter occurring prior to, or existing at the start of this Agreement, and which you believed or ought reasonably to have believed could give rise to an incident under this Agreement;
- Any costs to gain access to Your System, built in appliance, built or buried pipework (inside or outside Your Home) or wires to make a repair and then make good. We do not include the cost of getting to Your appliance or system, if it is not accessible;
- The failure of equipment or facilities which have not been installed, maintained or serviced in accordance with legal regulations or manufacturer’s instructions, or which is caused by a design fault which makes them inadequate or unfit for use;
- Any wilful or negligent act or omission or any third-party interference or faulty workmanship (excluding any attempted repair or DIY) which does not comply with recognised industry standards or manufacturer’s instructions;
- The failure to maintain any system or equipment or the replacement of parts that suffer wear and tear over time, including dripping taps, washers or discs forming part of a tank, pipe or tap;
- Repairing faults deemed intermittent or recurring;
- Upgrades that are required to improve Your Boiler or System due to poor access or poor condition;
- Replacing or repairing parts that do not affect how Your Boiler or System works, or decorative or specialist parts;
- Removing asbestos associated with repairing the Boiler. When You have had any asbestos removed, You must give Us a clean air certificate before We will do any further Work at Your property. By law, the person who removes the asbestos must give You a clean air certificate;
- Corrosion or any parts that have corroded;
- Blockages within Your Boiler or central heating system;
- Repairing or replacing any steel, lead or iron pipes;
- Replacing failed seals within Your Boiler or System that should be replaced as part of ongoing maintenance and remedial work;
- The cost of repairing damage or breakdowns caused by changes to, or problems with, the gas, electricity or water services;
- Beginning or continuing services where We reasonably consider that there is a health and safety risk, including the presence of dangerous materials, infestations, or harassment of Our staff (including verbal or physical abuse). We will not start Work again until there is no longer a risk to health and safety;
- Repairs where parts are no longer available;
- Any maintenance or repair of Your Boiler or System which is covered under the manufacturer’s guarantee;
- Utility service connections, electricity cables;
- Any damage to drains or other underground services caused by tree roots;
- Any equipment not situated in the Home;
- Any appliances not housed in the main body of the dwelling or the garage; for example, those housed in a shed or outhouse;
- Faults that occur for anything other than wear and tear of the item/system, unless accidental damage is specifically covered as a feature of your plan;
- Separate gas hot water heaters unless specifically covered as a feature of your plan;
- Repairs to appliances, boilers, systems or parts where you cannot provide evidence that they have been maintained in accordance with manufacturers specifications/ instructions;
- Electric, liquid petroleum gas (LPG), solid fuel or oil fuelled boilers, back boilers and dual-purpose boilers;
- Gas fires, solar panels or “green” or “renewable energy” systems;
- Unvented hot water cylinders and any of its associated valves, such as the temperature relief valves, pressure reducing valves or any other parts of an unvented system that requires additional qualifications to enable gas engineers to work on them;
- Repairs or replacement of any filter or related device for removing sludge, scale or other debris from your central heating or plumbing system;
- Damage or faults that arise while your home is unoccupied;
- Magnetite, sludge or blockages (including carrying out a powerflush) or servicing, clearing, replacing or repairing magnetic filtration devices;
- Normal operation or adjustment of the Boiler or System controls (except following a repair under this plan), any water pressure adjustments on sealed systems (except those connected with a repair approved under this plan), the clearing of airlocks or the balancing and venting of radiators.
- Work on anything not part of the Boiler or where appropriate the System, for example non- accessible or non-visible pipework, energy management systems, unvented pressurised cylinders (thermal stores), convector heaters, kick space heaters, curved/angled radiators (for bay windows etc), towel heaters/rails, underfloor heating, heat pumps, shower pumps, immersion heaters, solar panels, fuel lines to the Boiler and the flue systems from the Boiler, the cold water supply tank, its feed or outlet, taps, any pipework, controls or other parts associated with any of these items;
- Work on non-standard pipework (i.e. greater than 35mm in diameter);
- Any installation or associated costs where we arrange a replacement;
- Any part of your Boiler and controls which directly supplies a swimming pool;
- Repairing or replacing the flue including the flue terminal and or lining for any open flued appliances;
- Replacement, recall or modification of the Boiler or any item (or any part) by a supplier or the manufacturer;
- Modifying or making an item comply with legislation or making it safely accessible;
- Costs or loss arising from not being able to use your Boiler or System (e.g. buying temporary heaters or loss of earnings), or incidental costs caused by breakdown or repair (e.g. costs to remove or reinstate built-in or fitted equipment);
- Any loss, damage or impairment to functionality caused by neglect.
- The cost of replacing any consumables (such as external fuses, batteries, seal/gaskets, fuel);
- Garages, outbuildings, cess pits, fuel tanks or septic tanks;
- Goods or materials covered by a manufacturer’s, supplier’s and installer’s warranty;
- Subsidence, landslip or heave;
- Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
- Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
- War, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power;
- Pressure waves from aircrafts or other aerial devices travelling at sonic or supersonic speed;
- Any terrorist action (regardless of any other cause or event contributing concurrently or in any other sequence to the liability) or any action taken in controlling, preventing or suppressing terrorist action.
- Costs or loss arising from not being able to use your Boiler or System (e.g. buying temporary heaters or loss of earnings), or incidental costs caused by breakdown or repair (e.g. costs to remove or reinstate built-in or fitted equipment).
