Terms and Conditions
for Your E.ON Home Energy Services Product
Central Heating breakdown repairs
0845 872 8630
Plumbing, drainage and electrical wiring maintenance
inspections, repairs and emergencies
0844 871 5071
Customer Service
0845 872 8593
hescorres@propertyservices.eon-uk.com
Version 2.1 June 2010
Terms and Conditions for Your E.ON Home Energy Services Product
These Terms and Conditions along with Your Schedule constitute
the entire agreement between Us and You in respect of the
provision of Our Home Energy Services Product to You.
Please read these Terms and Conditions carefully. You should
pay particular attention to Section 5 which describes certain
types of work and equipment which are excluded from Our Home
Energy Services Products and Section 6 which sets out terms
and conditions which apply to all of Our Home Energy Service
Products.
These Terms and Conditions are written to be as clear and self
explanatory as possible but if there is anything that You do not
understand or would like clarification on please call Our customer
care team on 0845 872 8593.
These Terms and Conditions are set out in the following Sections:
SECTION 1 - DEFINITIONS
Certain words and phrases which are used in these Terms and
Conditions have the meanings given to them in this Section.
SECTION 2 - HOME ENERGY SERVICES PRODUCTS
The Home Energy Services Products covered by these Terms and
Conditions are set out in the following Sections:
Section 2.1 - Central Heating Care
Section 2.2 - Central Heating Care 50
Section 2.3 - Boiler & Controls Care
Section 2.4 - Boiler & Controls Care 50
Section 2.5 - Annual Safety Inspection
Section 2.6 - Repair & Care
Section 2.7 – Gas Fire Check
Your Schedule sets out the Home Energy Services Product which
We have agreed to provide to You.
SECTION 3 – CENTRAL HEATING SAFETY INSPECTIONS
All Our Home Energy Services Products (other than Gas Fire
Check) include an Initial Inspection and Service and, if You renew
Your Contract, an Annual Service. Details of these Services are set
out in the following Sections:
Section 3.1 - Initial Inspection and Service
Section 3.2 - Annual Service
Section 3.3 - General Provisions relating to Services
SECTION 4 – CENTRAL HEATING REPAIR AND MAINTENANCE
Where under Your Home Energy Services Product You are entitled
to the repair and maintenance of Your Central Heating System
and/or the repair, maintenance and/or replacement of Your Boiler
the provisions of this Section will apply.
SECTION 5 - GENERAL EXCLUSIONS
This Section describes work and equipment that are excluded
from all Our Home Energy Services Products.
SECTION 6 - YOUR CONTRACT
This Section sets out terms and conditions which apply to all of
Our Home Energy Services Products.
SECTION 1 - DEFINITIONS
In these Terms and Conditions the following words and phrases
shall have the meanings given to them:
Annual Service - means the Annual Service to be undertaken by
Us described in Section 3.
Beyond Economic Repair- meansthat it would cost more to repair
the Boiler than to replace it.
Boiler - means a single mains gas boiler with a net output rating
less than 70kw, located in Your Home.
Central Heating System - means Your entire central heating
system at Your Home including:(i) the Boiler;
(ii) the Controls, (including electrical temperature controls);
(iii)all pipes, radiators, valves, hot water cylinders and the
central heating header tank; and
(iv) any other parts that have been installed by Us within the last 12 months.
Contract - means these Terms and Conditions and Your Schedule.
Contract Price - the price You must pay for the Home Energy
Services Product You have chosen, as specified in Your Schedule.
Please Note: if You have entered into a Home Care Package please
read Section 6.11 of these Terms and Conditions.
Contract Year - means the period of 12 months commencing
on the Start Date of Your Contract or if You elect to renew Your
Contract the period of 12 months commencing on the Renewal
Date.
Controls - means the programmer/time clock, room thermostat
(if fitted), cylinder thermostat (if fitted) and zone valves (but
excluding the fused spur switch and any thermostatic radiator
valves).
Emergency - means either (i) an uncontrollable water leak which,
if left until Our engineers’ Normal Operating Hours would cause
extensive damage to Your Home or (ii) if You are a Vulnerable
Customer, You have no heat or hot water.
Emergency Call Out Charge - means a charge of £100 (which is
in addition to the Contract Price) that We may choose to levy if
You deliberately mislead Us about Your status as a Vulnerable
Customer and/or the existence of an Emergency.
Emergency Operating Hours - means hours outside of Our Normal
Operating Hours for engineers.
Gas Fire – means a domestic appliance that uses natural gas to
heat a room.
Gas Fire Check – means the Home Energy Services Product
described in Section 2.7.
Gas Fire Check Price – means that part of Your Contract Price
which is payable for a Gas Fire Check.
Home – means Your private domestic dwelling where You reside
including any garage connected to Your property, but excluding all
outside areas, including (but not limited to) workshops, gardens,
outbuildings and sheds.
Home Care Package – means any package of home energy
services products offered by Us which consists of one of the
Home Energy Services Products which We provide under this
Contract and the home energy services product(s) which TWG will
provide to You under a separate contract.
Home Energy Services Products – means the products offered by
Us under these Terms and Conditions.
Initial Inspection and Service - the Initial Inspection and Service
to be undertaken by Us described in Section 3.
Minimum Charge - means the lesser of:
(i)the Contract Price less the Monthly Payments We have
received during the Contract Year; and
(ii)the cost of the Work We have undertaken during the Contract
Year calculated at Our normal rates for labour and parts.
Monthly Payment - means that part of the Contract Price which
You must pay each calendar month.
Normal Operating Hours - means (i) for Our engineers the hours
between 8.00 am and 8.00 pm (365 days a year), and (ii) for Our
contact centre the hours between 7.00 am and 10.00 pm (Monday
to Friday excluding any bank holiday) and the hours between 8.00
am and 8.00 pm (Saturday and Sunday and any bank holiday).
Renewal Date - means if You elect to renew Your Contract, the
date on which Your renewed Contract starts, which will normally
be the anniversary of Your Start Date.
Schedule - means the schedule which We will send to You at the
start of (or at any renewal of) Your Contract which sets out the
Home Energy Services Product You have chosen, the Contract
Price (or where You have entered into a Home Care Package
the total price for Your Home Care Package) and Your Monthly
Payment.
Service – means an Initial Inspection and Service or an Annual
Service.
Start Date - means the date on which Your Contract will start as
set out in Your Schedule.
TWG – means The Warranty Group Services (Isle of Man) Limited
Vulnerable Customer - means any person who:
(i) is residing at the Home aged over 70; or
(ii) has a child in the Home under 3 years old; or
(iii)has a medical condition that would mean that to wait for Our
engineers’ Normal Operating Hours would endanger the life
of the person.
Work – means the Services and repairs we carry out on Your Boiler
and/or Central Heating System and (if applicable) any inspection
or repair of a Gas Fire, under this Contract.
We/Us/Our/E.ON - means E.ON UK PS Limited or any other
company within the E.ON UK plc group.
You/Your - means the person/persons who have entered into this
Contract with Us.
SECTION 2 – HOME ENERGY SERVICES PRODUCTS
The Home Energy Services Products covered by these Terms and
Conditions are set out in this Section 2. Your Schedule sets out the
Home Energy Services Product which We will provide to You.
2.1 CENTRAL HEATING CARE
Central Heating Care is a maintenance and repair service that
covers Your entire Central Heating System.
What this product includes:
•We will carry out an Initial Inspection and Service on Your
Central Heating System and, if You elect to renew Your
Contract, an Annual Service on Your Central Heating System
in any subsequent Contract Year (see Section 3 for details of
what this includes).
•Unless following Our Initial Inspection and Service We advise
You that Your Central Heating System is unsuitable for this
Home Energy Services Product, We will repair and maintain
Your Central Heating System (see Section 4 for details of
what this includes). There are no extra charges for parts and
labour.
•If We are unable to repair Your Boiler and it is less than 7
years old, We may replace Your Boiler with a new Boiler. (see
Section 4.2 for details and exclusions).
•You are entitled to unlimited repairs to Your Central Heating
System during each Contract Year.
•There is no restriction on the number of call-outs You may
make to Us, but if You call Us out in relation to any work or
equipment described in Section 5 We reserve the right to
charge You a call-out fee of £75. If You ask Us to undertake
any work which is excluded from Your service, then We will
charge You separately for this work.
•If at any time during Your Contract You would like a more
modern Boiler, We will provide You with a discount on the
cost of fitting a new Boiler from a range recommended by Us.
This discount does not apply in conjunction with any special
offer We may choose to make to You on a Boiler replacement
from time to time. We may also be able to offer You the
opportunity of spreading the cost of a new Boiler over a
period of time.
What this product does not include:
•
Any work and equipment described in Section 5.
2.2 CENTRAL HEATING CARE 50
Central Heating Care 50 is a maintenance and repair service that
covers Your entire Central Heating System.
What this product includes:
•This product includes all of the same services as Central
Heating Care except that You must pay a fixed repair cost
of £50 (inclusive of VAT) for each completed repair to Your
Central Heating System. This fixed cost includes all parts and
labour required to complete that particular repair.
What this product does not include:
•
Any work and equipment described in Section 5.
2.3 BOILER & CONTROLS CARE
Boiler & Controls Care is a maintenance and repair service that
covers Your Boiler and Controls only. It does not cover Your entire
Central Heating System.
What this product includes:
•We will carry out an Initial Inspection and Service on Your
Boiler and Controls only and, if You elect to renew Your
Contract, an Annual Service on Your Boiler and Controls only
in each subsequent Contract Year (see Section 3 for details of
what this includes).
•Unless following Our Initial Inspection and Service We advise
You that Your Boiler and Controls are unsuitable for this
Home Energy Services Product, We will repair and maintain
Your Boiler and Controls only (see Section 4 for details of
what this includes). There are no extra charges for parts and
labour in repairing Your Boiler and Controls.
•If We are unable to repair Your Boiler and it is less than 7
years old, We may replace Your Boiler with a new Boiler (see
Section 4.2 for full details and exclusions).
•You are entitled to unlimited repairs to Your Boiler and
Controls during Your Contract Year.
•There is no restriction on the number of call-outs You may
make to Us in relation to Your Boiler and Controls, but if You
call Us out in relation to any work or equipment described in
Section 5 or which does not relate to Your Boiler or Controls
We reserve the right to charge You a call-out fee of £75. If
You ask Us to undertake any work which is excluded from
Your service, then We will charge You separately for this
work.
•If at any point in time during Your Contract You would like a
more modern Boiler, We will provide You with a discount on
the cost of fitting a new Boiler from a range recommended
by Us. This discount does not apply in conjunction with
any special offer We may choose to make You on a Boiler
replacement from time to time. We may also be able to offer
You the opportunity of spreading the cost of a new Boiler
over a period of time.
What this product does not include:
•We will not repair or maintain any part of Your Central
Heating System other than the Boiler and Controls. If You
experience a failure on other parts of Your Central Heating
System which are not covered by this product then:
oWe will attend, establish the fault and if the fault is not
with the Boiler or Controls We will endeavour to give
You an immediate quotation for rectification of the
fault.
oIf You choose to accept this quotation You must pay the
repair cost in advance of the Work being carried out by
Our engineer by credit or debit card. If You are unable
to pay for the repair We will not carry out the Work.
•
Any work and equipment described in Section 5.
2.4 BOILER & CONTROLS CARE 50
Boiler & Controls Care 50 is a maintenance and repair service that
covers Your Boiler and Controls only. It does not cover Your entire
Central Heating System.
What this product includes:
•This product includes all of the same services as Boiler &
Controls Care except that You must pay a fixed repair cost of
£50 for each completed repair to Your Boiler and/or Controls.
This fixed cost includes all parts and labour required to
complete that particular repair.
What this product does not include:
•We will not repair or maintain any part of Your Central
Heating System other than the Boiler and Controls. If You
experience a failure on other parts of Your Central Heating
System which is not covered by this product then:
oWe will attend, establish the fault and if the fault is not
with the Boiler or Controls We will endeavour to give
You an immediate quotation for rectification of the
fault.
oIf You choose to accept this quotation You must pay the
repair cost in advance of the Work being carried out by
Our engineer by credit or debit card. If You are unable
to pay for the repair We will not carry out the Work.
•
Any work and equipment described in Section 5.
2.5 ANNUAL SAFETY INSPECTION
Annual Safety Inspection is an inspection service only that covers
Your entire Central Heating System.
What this product includes:
•We will carry out an Initial Inspection and Service on Your
Central Heating System and, if You elect to renew Your
Contract, an Annual Service on Your Central Heating System
in any subsequent Contract Year (see Section 3 for details).
•This Home Energy Services Product is an inspection service
only. But if Your Central Heating System suffers from a fault
or breakdown, taking this service means We will be better
prepared to rectify the fault or breakdown if You ask Us to do
so.
What this product does not include:
•We will not repair, maintain or replace any part of Your
Central Heating System unless You agree to pay Us for this
work.
•You are not entitled to make any call-outs to Us free of
charge. Should You make a call-out We will charge You a
fixed price for the call-out which We will agree with You
beforehand.
•If We find a fault or other problem with Your Central Heating
System during a Service or a charged call-out then:
oWe will notify You of the fault and endeavour to give
You an immediate quotation to rectify the fault. If You
choose to accept this quotation You must pay the repair
cost in advance of the Work being carried out by Our
engineer by credit or debit card. If You are unable to pay
for the repair We will not carry out the Work.
oWe may offer to upgrade Your Annual Safety Inspection
service to Our Repair & Care service.
•
Any work and equipment described in Section 5.
2.6 REPAIR & CARE
Repair & Care is a maintenance and repair service that covers Your
entire Central Heating System but is only applicable where there
is a pre-existing fault with Your Boiler and/or Central Heating
System and You have asked Us to fix it.
What this product includes:
•We will carry out an initial inspection to establish the fault
and the suitability of Your Boiler and Central Heating System
for this service.
•If We consider that the fault is uneconomic to repair We may
refuse to provide the Repair & Care service, in which case
there will be no charge for Our attendance. We may however
give You a quotation to rectify the fault. If We do so, then:
oIf You choose to accept the quotation, You must pay the
repair cost in advance of the Work being carried out by
Our engineer by credit or debit card. If You are unable
to pay for the repair We will not carry out the Work.
oIf We repair Your Central Heating System You will then
be eligible for Our Central Heating Care service.
•If We consider that the fault is economic to repair and that
Your Boiler and Central Heating System is suitable for Our
Repair & Care service, We will repair the Boiler and/or Central
Heating System, and:
o There will be no extra charges for parts and labour.
oWhen the repair of Your Boiler and/or Central Heating
System is completed We will for the remainder of the
Contract Year provide all those services which are
included in Our Central Heating Care service except
that Our initial inspection and repair will constitute Your
Initial Inspection and Service.
What this product does not include:
•
Any work and equipment described in Section 5.
2.7 GAS FIRE CHECK
Gas Fire Check is an inspection service only that covers any Gas
Fire in Your Home. Gas Fire Check is only available if You have
a contract with Us for one of Our other Home Energy Services
Products.
What this product includes:
•We will carry out a Gas Fire Check on all the Gas Fires in Your
Home at Your Service, to make sure each Gas Fire is safe and
operating efficiently.
•A Gas Fire Check will include an inspection of each Gas Fire at
Your Home using appropriately calibrated equipment and a
suitably qualified engineer in accordance with Our inspection
schedule, which incorporates all the relevant regulations and
guidelines that a Gas Fire is required to comply with.
•Where a Gas Fire at Your Home passes a Gas Fire Check this
is confirmation that the Gas Fire is operating safely. It is not
a guarantee that the Gas Fire is operating in accordance with
the manufacturer’s specification, or at optimal performance
or that it is fault free.
•If We find that a Gas Fire at Your Home poses a safety risk
to You, Your Home or any adjoining property, We will take
all reasonable steps to remedy the safety risk, which may
include disconnection. Once We have established that an
appliance is unsafe as defined by the Gas Safety Installation
and Use Regulations 1998, We have no choice under these
regulations but to make the appliance safe and/or to
disconnect it. We will explain what We have done and what
You need to do next. If We disconnect a Gas Fire, it can only
be reconnected by a suitably qualified engineer.
•We will advise You at Your Service if any Gas Fire at Your
Home is unsuitable for a Gas Fire Check. If We are unable
to carry out any Gas Fire Check because all of the Gas Fires
at Your Home are unsuitable, We will give You a refund of
the Gas Fire Check Price paid in that Contract Year. In these
circumstances, the Gas Fire Check element of Your Contract
will be cancelled but Your Contract for Your other Home
Energy Services Product will continue.
What this product does not include:
•We will not repair, maintain or replace any part of a Gas Fire
at Your Home unless You agree to pay Us for this work.
•You are not entitled to make any call-outs to Us, in relation to
a Gas Fire, free of charge. Should You make a call-out relating
to a Gas Fire, We will charge You a fixed price for the call-out
which We will agree with You beforehand.
•If We find a fault or other problem with a Gas Fire at Your
Home during a Service or a charged call-out then We
will notify You of the fault and endeavour to give You an
immediate quotation to rectify the fault. If You choose to
accept this quotation You must pay the repair cost in advance
of the Work being carried out by Our engineer by credit or
debit card. If You are unable to pay for the repair We will not
carry out the Work.
SECTION 3 – CENTRAL HEATING SAFETY INSPECTIONS
All Our Home Energy Services Products (other than Gas Fire
Check) include the following safety inspection services:
3.1 INITIAL INSPECTION AND SERVICE
What We will do
We will carry out an Initial Inspection and Service in Your first
Contract Year to make sure Your entire Central Heating System
or Your Boiler and Controls only (depending upon which of Our
Home Energy Services Products You have chosen) is/are safe and
operating efficiently.
When We will carry out Your Initial Inspection and Service
We will carry out the Initial Inspection and Service during Our
engineers’ Normal Operating Hours. We will aim to carry out the
Initial Inspection and Service within 28 days of the Start Date of
Your Contract. However, this may not be possible in periods of
high demand for Our services. In any event We will carry out the
Initial Inspection and Service within 90 days of the Start Date of
Your Contract.
What We will do if We find a fault at Your Initial Inspection and
Service
If We find a fault or any other problem We will notify You
immediately.
If the fault or problem is not of a material nature and/or does not
affect the day to day operation of Your Boiler or Central Heating
System then We will:
•Offer to rectify the fault for a fixed repair cost of £58 for
each fault identified. You have no obligation to accept this
quotation but if You choose to do so You must pay for the
Work by credit or debit card prior to the Work being carried
out by Our engineer.
•If You decide not to instruct Us to rectify a fault, the fault and
any failures arising from the fault will be excluded from the
services We provide to You under Your Contract.
•If You subsequently call Us out to fix a fault or failure caused
by a fault which has been excluded from the services We
provide, You will have the choice of paying Us to fix the fault
or failure or using another party to do so. If You elect to use
another party, You will be responsible for paying the charges
of that party.
If the fault or problem is of a material nature and/or does affect
the day to day performance of Your Boiler or Central Heating
System then:
•We will immediately advise You that Your Boiler or Central
Heating System is unsuitable for the Home Energy Services
Product You have chosen.
•We will give You a quotation to rectify the fault. If You choose
to accept this quotation then You must pay for the Work in
full by credit or debit card prior to Work being completed by
Our engineer.
•We may offer to upgrade Your Home Energy Services Product
to Our Repair & Care service.
3.2 ANNUAL SERVICE
What We will do
If You renew Your Contract We will carry out an Annual Service
in each Contract Year to make sure Your entire Central Heating
System or Your Boiler and Controls only (depending upon which of
Our Home Energy Services Products You have chosen) is/are safe
and operating efficiently.
When We will carry out Your Annual Service
We will carry out the Annual Service during Our engineers’ Normal
Operating Hours.
If You renew Your Contract, We will endeavour to carry out
an Annual Service around the same time each year wherever
possible. We will not attempt to book Your Annual Service until
after We have debited your account for the first month’s payment
for the new Contract Year.
If You call Us out for a fault in Your Central Heating System within
3 months after Your Renewal Date We will (if We have not already
done so) conduct Your Annual Service at this point. We will tell You
if We do this.
If You call Us out for a fault in Your Central Heating System in
the last 3 months of a Contract Year We may conduct an Annual
Service at this point. If We do this, this will mean that We will not
conduct an Annual Service in the next Contract Year if You renew
Your Contract. We will tell You if We do this.
What We will do if We find a fault at an Annual Service
If We find a fault or any other problem We will notify You
immediately.
If the cost of any required work is not included in Your Contract,
then:
•We will give You an immediate quotation to rectify the fault.
You have no obligation to accept the quotation but if You
choose to do so You must pay for the Work by credit or debit
card prior to the Work being carried out by Our engineer.
•If You decide not to instruct Us to rectify the fault We will
keep a record of the fault for future reference.
•If the fault or problem is of a material nature and/or affects
the day to day performance of Your Boiler or Central Heating
System and You elect not to rectify the fault or problem
then We may choose to cancel Your Contract. If You elect to
use another party to rectify the fault or problem You will be
responsible for paying the charges of that party.
If the cost of any required Work is included in Your Contract then:
•
We will endeavour to undertake the Work at the time of the Annual Service.
•If We are unable to undertake the required Work at the time
of the Annual Service, We will arrange a time at which the
required Work can be undertaken.
3.3 GENERAL PROVISIONS RELATING TO SERVICES
Arranging a Service
We will contact You to arrange a Service. You may however
contact Us at any time during Our contact centre’s Normal
Operating Hours to arrange or rearrange Your Service. We will
only carry out a Service if one is required under Your Contract.
At periods of high demand for Our services We may have to
contact You to rearrange a Service.
Should We be unable to perform a Service through no fault of
Our own (for example where We are unable to gain access to
Your Home), We will consider Our obligations discharged for that
Contract Year. Should We subsequently be called out for a repair
and maintenance visit during that Contract Year (see Section 4),
We may conduct the relevant Service at this point. We will tell You
if We do this.
The Service
A Service will include an inspection of either Your entire Central
Heating System or Your Boiler and Controls only, (depending upon
which of Our Home Energy Services Products You have chosen)
using appropriately calibrated equipment and a suitably qualified
engineer in accordance with Our inspection schedule, which
incorporates all the relevant regulations and guidelines that
Your Central Heating System and/or Your Boiler and Controls are
required to comply with.
Where Your Central Heating System or Your Boiler and Controls
passes a Service this is confirmation that Your Central Heating
System or Your Boiler and Controls is/are operating safely. It
is not a guarantee that Your Central Heating System or Your
Boiler and Controls is/are operating in accordance with the
manufacturer’s specification, or at optimal performance or that
they are fault free.
What We will do if We find a fault that poses a safety risk
If We find that Your Boiler or Central Heating System poses a
safety risk to You, Your Home or any adjoining property, We
will take all reasonable steps to remedy the safety risk, which
may include disconnection. Once We have established that an
appliance is unsafe as defined by the Gas Safety Installation and
Use Regulations 1998, We have no choice under these regulations
but to make the appliance safe and/or to disconnect it. We will
explain what We have done and what You need to do next. If We
disconnect Your Boiler, it can only be reconnected by a suitably
qualified engineer.
SECTION 4 – CENTRAL HEATING REPAIR AND MAINTENANCE
Where under Your chosen Home Energy Services Product You are
entitled to the repair or maintenance of Your Boiler and Controls
or Your Central Heating System or the replacement of your Boiler
the following provisions apply:
4.1 REPAIR AND MAINTENANCE
•Where a fault or problem arises with Your Central Heating
System, Boiler or Controls, You may contact Us during Our
contact centre’s Normal Operating Hours and arrange for a
maintenance visit. If there is an Emergency, You may do this
during Emergency Operating Hours.
•In repairing any Central Heating System, Boiler or Controls
We may use alternative parts with similar functional
performance, including parts that have been reconditioned
by the original manufacturer.
•
We will not provide cash alternatives for repairs or maintenance.
4.2 REPLACEMENT
•If Your Boiler cannot be repaired, because, for example,
it is deemed to be beyond economic repair or parts are
unavailable, and Your chosen Home Energy Services Product
provides for replacement, We will replace the Boiler with
a new Boiler that We deem suitable and have approved as
fit for purpose. In this circumstance, You cannot purchase a
new Boiler of Your choice and pay another party to fit it and
charge the costs to Us.
•To qualify for a new Boiler, Your existing Boiler must be less
than 7 years old. We will only use information provided by the
manufacturer of the Boiler to determine the actual age of
the appliance.
•
If Your Boiler is older than 7 years then there is no entitlement to replace the Boiler if it cannot be repaired.
•
If You ask Us to, We may provide you with a Boiler installation quotation and as a Central Heating Care Customer You may be entitled to a discount.
•The replacement of Your Boiler will include installation, but
excludes any other upgrades to Your Central Heating System
required by regulations or requested by You.
•We reserve the right to charge for re-piping Your Central
Heating System in the event the Boiler was originally
installed incorrectly or is required by regulations to be moved
to a different location.
•We will provide and fit the replacement Boiler at a mutually
acceptable date within (subject to You being available to
provide access) a maximum of 4 weeks of Us determining the
Boiler is beyond economic repair.
•
We will not provide cash alternatives for Boiler replacement.
4.3 ACCESS
•It is Your responsibility to ensure that Our engineers can
access Your Boiler and Central Heating System in order to
carry out any Repairs (other than hidden pipework buried
in the walls or floors). Should Our engineers be required to
carry out any such access Work (for example the removal of
cupboards, kitchen units, flooring and/or floor coverings),
neither We nor Our engineers are liable for any damage
caused as a result and We will not be required to replace or
reconstruct any such cupboards, units or flooring.
•Your Contract includes the cost of one day’s labour for Our
engineers to access Your Boiler and/or Central Heating
System and to repair any holes made as a result of the need
to access hidden pipework buried in walls or floors and leave
the surface level. If accessing Your Boiler and/or Central
Heating System and/or repairing any resulting holes in any
wall or floor is likely to take longer than this We will inform
You before carrying out the Work. If You would like Us to still
carry out the Work, You will be required to pay any excess
cost above the cost of one day’s labour for Our engineers in
full by credit or debit card, prior to Work being carried out by
Our engineer.
SECTION 5 – GENERAL EXCLUSIONS
This Section sets out the work and equipment that are excluded
from all Our Home Energy Services Products.
5.1 EXCLUDED EQUIPMENT REPAIRS
Your Contract does not include repairs to the following
equipment:
•Boilers that require specialist work, such as Potterton
Powermax, Elm Le Blanc or Chaffoteaux Britany Combi;
•
warm air heating systems;
•
LPG or oil systems;
•
combined cooking and heating appliances;
•
combined heat and power appliances;
•
steel or lead pipes;
•replacement of bespoke or designer radiators, and their
components, other than with standard parts;
•
fan assisted convector heaters or immersion heaters;
•
flues that are not part of the Boiler or appliance(s);
•parts of a Central Heating System or Controls that are
specifically designed for underfloor heating;
•parts of a Central Heating System or Controls designed to
incorporate any other heat source, for example solar water
heating or solid fuel heating;
•
bespoke Central Heating System components that are not readily available;
•appliances or decorative parts that do not affect the
performance of the Central Heating System;
•utility service connections, electricity cables or the
gas supply pipe between Your meter and the Boiler or
appliance(s);
•
any equipment not situated in the Home;
•any equipment intentionally or accidentally damaged by You
or any third party;
•appliances not housed in the main body of the dwelling or
garage, for example those housed in a shed or out- house.
5.2 EXCLUDED WORK
This Contract does not include the following types of Work:
•
removal of sludge or hard water scale, such as by
power flushing;
•replacement of parts which are faulty or damaged as a result
of sludge or hard water scale in Your Central Heating System;
•
repairs due to design faults or pre-existing faults;
•
repairs where parts are no longer available;
•repairs which are required because of intentional or
accidental damage by You or any third party;
•reinstatement or redecoration required as a result of our
Work unless we have been negligent in causing such damage;
•improvements required to get a Central Heating System up
to current standards, such as installation of modern controls;
•resetting controls, such as thermostats and programmers
following wintertime or summertime changes (unless these
are done during a scheduled Service) or failure as a result of
meter forced disconnection, for example, when credit meters
run out;
•repairing faults if We have already told You Your Central
Heating System needs a permanent repair or improvement
to make it work properly;
•removing asbestos, or working where asbestos has been
previously removed unless We have seen a clean air
certificate;
•replacing Your Boiler if We consider it is beyond economic
repair and over 7 years old;
•any maintenance or repair of Your Boiler which is covered
under the manufacturer’s guarantee.
SECTION 6 – YOUR CONTRACT
This Section sets out the general terms and conditions which
apply to Your Contract and to all of Our Home Energy Services
Products.
6.1 YOUR CONTRACT
•This Contract is between You and Us for the services included
in Your chosen Home Energy Services Product and We
will provide these services to You in accordance with this
Contract.
•
Nothing in this Contract will affect either Our or Your statutory rights.
•We may change these Terms and Conditions with effect
from Your Renewal Date. We will tell You if the change
may disadvantage You when We write to tell You that Your
Contract will be due for renewal.
•This Contract is personal to You and Your Home. You may not
transfer Your rights or obligations under this Contract to any
other person or property without Our prior written consent.
•We may transfer all of Our rights and obligations under this
Contract to another company. If we do so, We will inform
You as soon as We are reasonably able to do so. Neither Your
rights nor Our obligations and liabilities under this Contract
will be affected by any transfer.
•We reserve the right to make use of carefully selected
partner organisations to help Us to provide the services
included in Your chosen Home Energy Services Product.
6.2 THE DURATION OF YOUR CONTRACT
•Your Contract with Us is for 12 months from the Start Date
unless it is cancelled by You or Us earlier in accordance with
Section 6.10 below.
•We will write to You to advise You of Your Renewal Date in
accordance with Section 6.8. Unless You tell Us prior to Your
Renewal Date that You do not wish to renew Your Contract,
We will assume that You wish to renew Your Contract for a
further 12 months.
•If Your Contract is renewed for a further 12 months You will
be liable to pay the Contract Price for that 12 months.
6.3 PROVISION OF THE SERVICES
6.3.1 Our Responsibilities
We will provide the services included in Your chosen Home Energy
Services Product in accordance with this Contract.
6.3.2 Appointment times
•All appointments for any Service or repair or maintenance
visit will be arranged during Our engineers’ Normal Operating
Hours unless it is an Emergency. If it is an Emergency We
will arrange (where appropriate) Your appointment during
Emergency Operating Hours.
•We will arrive at appointments during Our engineers’ Normal
Operating Hours within the appointment window You choose
from the following:
For Services:
0800 – 1200 (morning)
1000 - 1400 (school run)
1200 - 1600 (afternoon)
1600 - 2000 (home time)
For repair and maintenance visits:
0800 - 1300 (morning)
1300 - 2000 (afternoon)
•We will always give priority to call outs relating to
breakdowns, Vulnerable Customers and Emergencies.
•At times of high demand for Our engineers, We may
have to rearrange Your appointment if it is a less urgent
appointment.
•If when asked by Us You declare that (i) You are a Vulnerable
Customer and/or (ii) it is an Emergency, and on arrival at
Your Home We discover that the statements You made in
this respect are untrue We reserve the right to charge You an
Emergency Call Out Fee.
6.3.3 Gaining Access to Your Home
•It is Your responsibility to arrange appointments with Us and
to let Us into Your Home at the time of the appointment.
•If We are not able to gain access to Your Home at the time of
the appointment, because You are not available to provide
access We will not be able to carry out the Work.
•In these circumstances, We will write to You and inform You
that We were not able to carry out the Work. It will be Your
responsibility to arrange for another appointment and to be
available at the agreed time and date.
•If We fail to gain access to Your Home to repair a fault on
two consecutive appointments, We shall consider our duty
discharged and We reserve the right to charge You for each
and every subsequent call out that relates to this fault.
•If We fail to gain access to Your Home to conduct a Service
on two consecutive appointments, We reserve the right to
charge for any costs associated with further visits to Your
Home and/or to cancel Your Contract. In such circumstances
You will not be entitled to a refund of any payments made to
Us.
6.4 CONDITIONS AT YOUR HOME AND TREATMENT OF OUR STAFF
•You are responsible for making sure that conditions at Your
Home are suitable for Us to do the Work. If conditions at Your
Home are not suitable, including the presence of asbestos,
We will tell You what You need to do before We can perform
the Work.
•If You have had asbestos removed, You must give Us the
clean air certificate before We do any Work. (By law, a clean
air certificate will be given to You by the person who removes
the asbestos after they have removed the asbestos).
•You must at all times behave appropriately when Our staff
visit your Home. You must not physically or verbally abuse
Our staff in any circumstances.
6.5 PAYMENT OF THE CONTRACT PRICE
•The Contract Price payable by You is set out in the Schedule
sent to You at the start of Your Contract or (where you
have elected to renew Your Contract) sent to You with Your
renewal notice.
•You must pay the Contract Price in the monthly instalments
during the Contract Year as set out in Your Schedule.
•
We will only accept payment of the Contract Price by Direct Debit.
•Where a payment is due from You in relation to a repair You
must pay the repair cost in advance of the Work being carried
out by Our engineer by credit or debit card.
•If We do not receive Your payment on the date that it is
due, We may charge You an additional charge to cover
our reasonable administration and legal costs involved
in recovering the debt, plus an additional 0.02% of the
outstanding balance for every day that the payment is late.
In addition:
oWe will retain ownership of all parts and equipment
fitted by Us until full payment is made. If You do not pay
Us We may recover these parts and equipment from
You, even if in doing so this renders Your Boiler and/or
Your Central Heating System inoperable.
oOther Works will not be carried out until any
outstanding payments are made.
•If two or more people have entered this Contract with Us,
each person will be jointly and severally liable for any money
owed. This means that We can claim all of the money owed
from any person.
6.6 COMMERCIAL WASTE
We are required by law to remove from Your property any parts
and equipment that We remove or replace in Your Central Heating
System or in a Gas Fire at Your Home. You agree that all such
parts and equipment belong to Us.
6.7 CONTRACT PRICE REVIEW
•Subject to clause 6.11, Your Contract Price is fixed for 12
months except for any changes in VAT or any other applicable
taxes or duties. We may adjust Your Contract Price with
effect from each Renewal Date. If We propose to adjust
Your Contract Price at a Renewal Date We will tell You in
accordance with Section 6.8.
•We will tell You in writing of any change in the Contract Price
which is due to a change in VAT or any other applicable tax
or duty before the date on which the change will come into
effect where We can reasonably do so.
6.8 ANNUAL RENEWAL PROCESS
•At least 28 days prior to Your Renewal Date We will write
to You to advise You that Your Contract will shortly be due
for renewal. We will advise You of the date on which Your
Contract will expire if it is not renewed and the Contract
Price which You must pay if You elect to renew Your Contract.
•If You do not wish to renew Your Contract You must tell Us
in writing or by telephone before the date on which Your
Contract expires. Our address and telephone number are set
out in Section 6.16.
•If You do not tell Us that You do not wish to renew Your
Contract before the date on which Your Contract expires Your
Contract will be renewed for a further 12 months and You will
be liable to pay the Contract Price for that 12 months.
•
We have no obligation to renew Your Contract.
6.9 MOVING HOME
If You move Home, You must tell Us. Provided that We are able to
offer Our Home Energy Services Products in the location of Your
new Home We will offer to transfer Your chosen Home Energy
Services Product subject to Our first carrying out of an Initial
Inspection and Service at Your new Home.
6.10 CANCELLING YOUR CONTRACT
6.10.1 Cancellation by Us
We may choose to cancel this Contract if:
•
the information given by You is false or inaccurate;
•You cancel Your Direct Debit in circumstances where You are
not entitled to cancel the Contract;
•
You do not make payments on time;
•a health or safety issue arises for which You are responsible
which makes it inappropriate for the Contract to continue;
•
You physically or verbally abuse Our staff who visit Your Home;
•You fail to allow Us access to Your Home on two consecutive
appointments.
In these circumstances You will not be entitled to a refund of the
Monthly Payments you have paid and You must also pay to Us the
Minimum Charge.
We may choose to cancel this Contract if:
•following the Initial Inspection and Service We advise You
that Your Boiler and/or Controls or Your Central Heating
System (as the case may be) is unsuitable for the Home
Energy Services Product You have chosen;
•a permanent fault in Your Central Heating System which We
are not required to remedy under this Contract has not been
remedied;
•a health or safety issue arises for which You are not
responsible which makes it inappropriate for the Contract to
continue.
In these circumstances You will be entitled to a refund of the
Monthly Payments You have paid in that Contract Year (unless
You move Home and We cancel Your Contract after an Initial
Inspection and Service at Your new Home) and You will not have
to pay the Minimum Charge.
We may also choose to cancel this Contract if:
•Your Boiler is 7 years old or more and not repairable. (In
this circumstance, You will receive a refund of the Monthly
Payments You have paid in that Contract Year less the cost of
the Work we have undertaken in that Contract Year); or
•parts become unavailable and We cannot fix Your Boiler
or Central Heating System. (In this circumstance You will
receive a refund of the Monthly Payments You have paid
in that Contract Year less the cost of any Work We have
undertaken during that Contract Year).
If We choose to cancel Your Contract We will notify You by writing
to You at the address We have for You in Our records.
6.10.2 Cancellation by You
Cancellation within the first working seven days
You may cancel this Contract within 7 working days of receiving
Your Schedule by notifying Us in writing or telephoning Us (at the
address or using the telephone number set out in Section 6.16)
and:
•if We have not carried out any Work, We will give You a full
refund of any Monthly Payments You have made in that
Contract Year;
•if We have carried out any Work, You must pay the Minimum
Charge to cover Our costs.
Cancellation after the first working seven days
•You may cancel this Contract at any time by notifying Us
in writing or by telephoning Us (at the address or using
the telephone number set out in Section 6.16) if We fail
to provide the services We have agreed to provide in any
material respect.
•If You cancel this Contract after the first 7 working days for
any other reason You will not be entitled to a refund of any
Monthly Payments You have paid and You must also pay to
Us the Minimum Charge.
6.11 PROVISIONS RELATING TO HOME CARE PACKAGES
The provisions of this clause apply only where You have entered
into a Home Care Package
•Where you have entered into a Home Care Package, Your
Schedule sets out the details for both this Contract and Your
contract with TWG. These are two separate contracts. The
Terms and Conditions of this Contract apply only to the Home
Energy Services Products provided by Us under this Contract.
•The price set out in Your Schedule is the total price You must
pay for Your Home Care Package, that is, for the services
We provide under this Contract and for the home energy
services products TWG provide under their contract.
•Your Contract Price for Your chosen Home Energy Services
product provided under this Contract is as follows:
oWhere Your Home Care Package includes Plumbing &
Drainage Care and Electrical Care (being home energy
services products provided by TWG), Your Contract Price
is 60% of the total price specified in Your Schedule.
oWhere Your Home Care Package includes only one of
either Plumbing & Drainage Care or Electrical Care
(being home energy services products provided by
TWG), Your Contract Price is 75% of the total price
specified in Your Schedule.
•Cancellation of Your contract with TWG will not automatically
cancel this Contract, and cancellation of this Contract will not
automatically cancel Your contract with TWG.
•If at any time during the Contract Year, Your contract with
TWG is cancelled, and this Contract is not cancelled, Your
Contract Price for the remainder of the Contract Year, will be
Our standard price applicable at that time for Your chosen
Home Energy Services Product.
the occupants of a property or for any costs associated with
alternative heating methods in circumstances where We are
required to disconnect Your Boiler or Your Central Heating System.
We are not liable for the cost of any reinstatement or redecoration
required as a result of the Work We undertake unless the
reinstatement or redecoration is required because We have been
negligent, or We are in breach of this Contract or Our statutory
duty.
6.12 OUR LIABILITY
We are liable for death or personal injury caused by Our
negligence.
We are responsible for any direct loss that is a foreseeable
consequence of Our breaching this Contract, Our negligence or
Our breach of statutory duty. We are not liable for any other loss,
including:
•
Any indirect or consequential loss or damage of any nature
•
losses caused by an event or circumstances beyond Our reasonable control
•
any business losses.
We are not liable for any damage caused by failures of Your
Central Heating System or Boiler that result from Your decision
not to carry out remedial work that We have recommended.
We are not liable for normally insured risks, such as subsidence,
structural repairs, fire, theft, accident, explosion, flood or storm.
We are not liable for remedial work arising from structural or
renovation work carried out in Your Home by You or a third
party, for example the removal of radiators or addition of new
equipment or system extensions.
We are not liable for any costs associated with re-housing
6.13 COMPLAINTS
If you have a complaint about how We or Our engineers have
carried out the Work under this Contract, You must contact Us
and tell Us within 28 days of the engineer visiting Your Home and
carrying out the Work. We will not consider any complaint made
after 28 days.
6.14 DATA PROTECTION
E.ON and Our agents will use information We have about You and
Your account to administer, carry out the works and manage Your
account. Your records may also be shared with other organisations
and used by Us and them to recover debt, trace debtors and
prevent money laundering or fraud. Unless You tell Us otherwise,
We will also provide You with up-to-date information on other
products, services and special offers We provide. You agree that
We may carry out a credit check against You.
6.15 LAW
The laws of England and Wales will apply to Your Contract.
6.16 OUR CONTACT DETAILS
If You wish to write to Us Our address is:
Customer Care Team
E.ON UK PS Limited
1 Woolsthorpe Close
Bilborough
Nottingham
NG8 3JP
If You wish to telephone Us Our telephone number is:
0845 872 8593.
E.ON UK PS Limited. Registered in England and Wales No. 6764957.
Correspondence Address: Dragon Court, 1 Woolsthorpe Close, Bilborough, Nottingham NG8 3JP.
Registered Office: Westwood Way, Westwood Business Park, Coventry CV4 8LG
Terms and Conditions
for Plumbing & Drainage Care
and Electrical Care
(The Home Energy Services Product(s) chosen by You will be
detailed in Your Schedule)
The Home Energy Services Products set out in these Terms and
Conditions are provided to You by The Warranty Group Services
(Isle of Man) Limited.
These Terms and Conditions along with Your Schedule constitutes
Your Contract with The Warranty Group Services (Isle of Man)
Limited in respect of the provision of these Home Energy Services
Product(s) to You.
Please read these Terms and Conditions carefully. You should
pay particular attention to Section 6 which describes certain
types of work and equipment which are excluded from the
Home Energy Services Products and Section 7 which sets out the
general conditions which apply to all of the Home Energy Services
Products.
These Terms and Conditions are written to be as clear and self
explanatory as possible but if there is anything that You do
not understand or would like clarification on please call E.ON’s
customer care team on 0845 872 8611.
These Terms and Conditions are set out in the following Sections:
SECTION 1 – PRODUCT REQUIREMENTS
In order to enter into this Contract You must meet each of the
following requirements:
•
Your Home must be located in the United Kingdom (including Isle of Man and Isle of Wight); and
•
You must be the legal owner of the Home.
SECTION 2 – DEFINITIONS
In these Terms and Conditions the following words and phrases
shall have the meanings given to them:
Contract - means these Terms and Conditions and Your Schedule.
Contract Price - means the price You must pay for the Home
Energy Services Product(s) You have chosen, as specified in Your
Schedule. Please note: if you have entered into a Home Care
Package please read Section 7.10 of these Terms and Conditions.
Contract Year - means the period of 12 months commencing on
the Start Date of Your Contract, or if You elect to renew Your
Contract, the period of 12 months commencing on the Renewal
Date.
Drainage System - means the waste drainage pipes, or rainwater
drains, within Your Property.
Electrical Wiring - means the permanent 240 volt electrical supply
system within Your Home supplying electrical power, including
wall sockets, switches, bulb sockets and fuseboxes, all beyond the
electricity company’s supply meter.
Emergency - means:
(i) with regard to Plumbing & Drainage Care, an uncontrollable water leak to Your Plumbing System or Drainage System which, if left until Our engineers’ Normal Operating Hours would cause extensive damage to Your Home or 3 would expose You to a risk to Your health, or if You are a Vulnerable Customer, an uncontrollable water leak to Your Plumbing System or Drainage System; or
(ii) with regard to Electrical Care, a fault with Your Electrical Wiring which, if left until Our engineers’ Normal Operating Hours would cause extensive damage to Your Home or would expose You to a risk to Your health, or if You are a Vulnerable Customer, a fault with Your Electrical Wiring.
Emergency Call Out Charge - means a charge of £100 (which is in
addition to the Contract Price) that We may choose to charge You,
if We are deliberately misled about Your status as a Vulnerable
Customer and/or the existence of an Emergency.
Emergency Operating Hours - means hours outside of Our Normal
Operating Hours for engineers.
E.ON - means Our authorised sales agent, E.ON UK PS Limited.
Home - means Your private domestic dwelling in which You reside,
including any garage connected to Your home but excluding all
outside areas, including (but not limited to), workshops, gardens,
outbuildings and sheds.
Home Care Package - means any package of home energy services
products offered by E.ON which consists of the Home Energy
Services Product(s) which We provide under this Contract and
the Central Heating Care product which E.ON will provide to You
under a separate contract.
Home Energy Services Products - means the Plumbing & Drainage
Care product and/or the Electrical Care product offered by Us
under these Terms and Conditions.
Inspection Schedule - means a schedule detailing the checks and
maintenance procedures performed by Our engineers during a
Safety and Maintenance Inspection.
Maximum Cost - means:
(i) in relation to Plumbing & Drainage Care, £1,000 (including VAT) for Plumbing System Repairs and £1,000 (including VAT) for Drainage System Repairs during any Contract Year;
(ii) in relation to Electrical Care, £2,000 (including VAT) for all Electrical Wiring Repairs during any Contract Year and £1,000 (including VAT) for any one Repair.
Minimum Charge - means the lesser of:
(i) the Contract Price less the Monthly Payments We have received during the Contract Year; and
(ii) the cost of the Work We have undertaken during the Contract Year calculated at Our normal rates for labour
and parts.
Monthly Payment - means that part of the Contract Price which
You must pay each calendar month.
Normal Operating Hours - means:
(i) for Our engineers the hours between 9.00 am and 5.00 pm (Monday to Saturday excluding any bank holiday);
(ii) for Our contact centre the hours between 9.00 am and
5.00 pm (Monday to Saturday excluding any bank
holiday); and
(iii) for E.ON’s contact centre, the hours between 7.00 am and 10.00 pm (Monday to Friday excluding any bank holiday) and the hours between 8.00 am and 8.00 pm (Saturday and Sunday and any bank holiday).
Plumbing System - means
(i) Hot and cold water pipes from the mains stopcock inside Your Home leading to Your taps (including garden taps) and up to the connection with the flexible pipes on Your domestic appliances;
(ii) Your cold water storage tank;
(iii) Overflow pipes;
(iv) Standard ball valves and toilet siphon.
Property - means Your Home plus the outside land up to the
boundary of Your property.
Renewal Date - means if You elect to renew Your Contract, the
date on which Your renewed Contract starts, which will normally
be the anniversary of Your Start Date.
Repair/Repairs/Repairing - means any work completed by
engineers on Our behalf including the rectification of any faults
following a Safety and Maintenance Inspection and any faults
which have or may result in a failure of Your Plumbing System,
Drainage System or Electrical Wiring.
Safety and Maintenance Inspection - means the safety and
maintenance inspection to be undertaken by Us in relation to Your
chosen Home Energy Services Product(s) as described in
Section 4.
Schedule - means the schedule which E.ON will send to You at
the start of (or upon renewal of) Your Contract which sets out the
Home Energy Services Product(s) you have chosen, the Contract
Price (or where You have entered into a Home Care Package,
the total price for Your Home Care Package) and Your Monthly
Payment.
Start Date - means the date on which Your Contract will start as
set out in Your Schedule.
Vulnerable Customer - means any person who:
(i) is residing at the Home and is aged over 70; or
(ii) has a child residing at the Home who is under 3 years old; or
(iii) has a medical condition that would mean that to wait for Our engineers’ Normal Operating Hours would endanger the life of that person.
Work - means the Safety and Maintenance Inspections and
Repairs We (or any contractor We appoint) carry out on Your
Plumbing System, Drainage System or Electrical Wiring under this
Contract.
We/Us/Our - means The Warranty Group Services (Isle of Man)
Limited 3rd Floor, St George’s Court, Upper Church Street, Douglas,
Isle of Man, IM1 1EE. Registered Number 94279C.
You/Your - means the person/persons who have entered into this
Contract with Us, as set out in the Schedule.
SECTION 3 – HOME ENERGY SERVICES PRODUCTS
The Home Energy Services Products covered by these Terms and
Conditions are set out in this Section. Your Schedule sets out the
Home Energy Services Product(s) which We will provide to You.
3.1 PLUMBING & DRAINAGE CARE
Plumbing & Drainage Care is an inspection (including
maintenance) and Repair service that covers Your Plumbing
System and Drainage System.
What is included:
• You are entitled to a Safety and Maintenance Inspection of
Your Plumbing System and Drainage System after 6 months
from the Start Date of Your Contract Year and once during
each Contract Year (see Section 4.1 for details of what this
includes).
• We will maintain and Repair Your Plumbing System during the
Contract Year and replace such items and equipment of Your
Plumbing System which are in Our opinion irreparable e.g.
leaking overflow pipes and pipes that burst as a result of
cold weather.
• We will unblock, maintain and Repair Your Drainage System.
• There is no restriction on the number of call-outs that may
be made under this Contract. However, We will not in any
Contract Year be required to undertake any Repairs where
the cost of accessing and/or Repairing the Plumbing System
or the Drainage System (including parts and labour), has or in
Our reasonable opinion, will, exceed the relevant
Maximum Cost.
What is not included:
• Repairing or replacing taps, the mains cold water stopcock,
water softeners, shower heads, pumps and mixer valves,
combined overflow and pop up waste mechanism,
mechanical pumps, water filters, radiators, rainwater pipes
and guttering, macerators such as Saniflo, and electrical units
for toilets.
• The descaling of pipes or the replacement of consumable
items, including but not limited to washers.
• The cost of repair to swimming pools and any decorative
features such as fountains or ponds, and all associated
plumbing and filtration systems.
• Blockages caused by foreign objects, including but not limited
to toilet fresheners.
• The temporary freezing of pipes where such freezing has not
resulted in confirmed damage.
• Repairing or replacing manholes, soakaways, septic tanks,
cesspits, treatment plants and their outflow pipes.
• Regularly cleaning Your drains.
• Repairing or unblocking drains shared with another property
or properties.
• Repairing or unblocking drains which are just used for
commercial purposes.
• Repairing or replacing any lead or steel pipes.
• Repairing or replacing any item which does not form part of
the Plumbing System or Drainage System
• Any work and equipment described in Section 6.
3.2 ELECTRICAL CARE
Electrical Care is an inspection (including maintenance) and
Repair service that covers Your Electrical Wiring.
What is included:
•
You are entitled to a Safety and Maintenance Inspection of Your Electrical Wiring after 6 months from the Start Date of Your Contract Year and once during each Contract Year (see Section 4.2 for details of what this includes)
•
We will maintain and Repair Your Electrical Wiring and replace the following items/equipment inside Your Home during the Contract Year:
o Wall sockets
o Light Switches
o Light Fixtures
o Bulb sockets
o Security lighting
o Fuse Boxes
o Circuit Breakers
o Transformers
•
There is no restriction on the number of call-outs that may be made under this Contract. However, We will not in any Contract Year be required to undertake any Repairs where the cost of accessing and/or Repairing the Electrical Wiring (including parts and labour) has exceeded or, in Our reasonable opinion, will exceed the relevant Maximum Cost.
What is not included:
•
Any wiring and electrics which are not permanent. •
The replacement of consumable items, including but not limited to light bulbs, decorative and fluorescent tube light fittings, fuses in plugs, transformers controlling single low voltage fittings or plug casings.
•
Any leisure equipment including but not limited to swimming pools, whether inside or outside Your Home.
•
Wiring or anything else connected to satellite dishes, radio and television aerials, their fittings and masts.
•
Any repairs to burglar alarms, telephone wiring, smoke detectors, doorbells, electrical garage door systems and electrical gates.
•
Any cosmetic defects which do not affect the functioning of the Electrical Wiring.
•
Any item not forming part of the Electrical Wiring.
•
Any wiring or electrics in a communal area (applicable to flat owners only).
•
The like-for-like replacement of wall sockets, switches or fittings necessary in maintaining or Repairing the Electrical Wiring, unless an alternative is supplied by You at the time of the engineers visit.
•
The resetting of circuit breakers, where it is not associated with permanent repair work and where it can be
reset by You.
•
Any part of the Electrical Wiring which is too difficult to access safely, which is impossible or impractical to maintain because of its position.
•
Any repair or replacement of flexible cable.
•
Any work and equipment described in Section 6.
SECTION 4 – SAFETY AND MAINTENANCE INSPECTIONS
The Home Energy Services Products include the following safety
and maintenance inspection services:
4.1 PLUMBING & DRAINAGE CARE
Where You have chosen Plumbing & Drainage Care, You are
entitled to a Safety and Maintenance Inspection visit in respect of
Your Plumbing System and Drainage System after 6 months from
the Start Date of Your Contract Year and once in every Contract
Year. We shall make sure Your Plumbing System and Drainage
System is safe and operating efficiently and will issue You with
an Inspection Schedule detailing the checks/maintenance
performed.
The Safety and Maintenance Inspection visit will include a check
for water leaks on Your internal pipework and a safety check of
Your drains.
We will carry out the Safety and Maintenance Inspection of Your
Plumbing System and Drainage System during Our engineers’
Normal Operating Hours using suitably calibrated equipment
and appropriately qualified engineers, in accordance with Our
Inspection Schedule.
Where Your Plumbing System and Drainage System passes a
Safety and Maintenance Inspection, this is confirmation that it is
operating safely. It is not a guarantee that it is fault free.
If You or We cancel Your Contract after We have undertaken a
Safety and Maintenance Inspection, You may be required to pay
the Minimum Charge.
4.2 ELECTRICAL CARE
Where You have chosen Electrical Care You are entitled to a
Safety and Maintenance Inspection visit in respect of Your
Electrical Wiring after 6 months from the Start Date of Your
Contract Year and once in every Contract Year. We shall make
sure Your Electrical Wiring is safe and operating efficiently and
will issue You with an Inspection Schedule detailing the checks/
maintenance performed.
The Safety and Maintenance Inspection visit will include a safety
check for electrical faults on Your Electrical Wiring.
We will carry out the Safety and Maintenance Inspection of Your
Electrical Wiring during Our engineers’ Normal Operating Hours
using suitably calibrated equipment and appropriately qualified
engineers, in accordance with Our Inspection Schedule.
Where Your Electrical Wiring passes a Safety and Maintenance
Inspection, this is confirmation that it is operating safely. It is not
a guarantee that it is fault free.
If You or We cancel Your Contract after We have undertaken a
Safety and Maintenance Inspection, You may be required to pay
the Minimum Charge.
4.3 GENERAL PROVISIONS RELATING TO SAFETY AND
MAINTENANCE INSPECTIONS
Arranging a Safety and Maintenance Inspection
You must contact Us during Our contact centre’s Normal
Operating Hours to arrange or rearrange Your Safety and
Maintenance Inspection.
Should We be unable to perform a Safety and Maintenance
Inspection through no fault of Our own (for example where We
are unable to gain access to Your Property), at Our sole discretion,
We will consider Our Safety and Maintenance Inspection
obligations under the Contract to be discharged for that Contract
Year. Should We subsequently be called out for a maintenance
or Repair visit during that Contract Year (see Section 5), We may
conduct the relevant Safety and Maintenance Inspection at this
point. We will tell You if We do this.
What We will do if We find a fault that poses a safety risk
If We find that the Plumbing System, Drainage System or Electrical
Wiring poses a safety risk to You, or Your Property, We will take
all reasonable steps to remedy the safety risk, which may include
disconnection. We will explain what We have done and what You
need to do next. If We disconnect Your Electrical Wiring, it can
only be reconnected by a suitably qualified engineer.
SECTION 5 – REPAIR
Under these Home Energy Services Products You are (subject
to these Terms and Conditions) entitled to the Repair of Your
Plumbing System, Drainage System and Electrical Wiring where
the relevant Plumbing System, Drainage System and/or Electrical
Wiring fails.
5.1 REPAIR DURING A SAFETY AND MAINTENANCE INSPECTION
If during a Safety and Maintenance Inspection for Your chosen
Home Energy Services Product(s) We identify any faults with:
•
Your Plumbing System and/or Drainage System, We will (subject to these Terms and Conditions) Repair the fault and Section 5.2 will apply to any such Repair undertaken.
•
Your Electrical Wiring, We will (subject to these Terms and Conditions) Repair the fault and Section 5.3 will apply to any such Repair undertaken.
5.2 PLUMBING & DRAINAGE CARE REPAIR
Where You have chosen Our Plumbing & Drainage Care product
You are entitled to the maintenance or Repair of Your Plumbing
System and Drainage System and the following provisions apply:
•
Where a fault or problem arises with Your Plumbing System or Drainage System, You may contact Us during Our contact centre’s Normal Operating Hours and arrange for a visit. If there is an Emergency, You may do this during Emergency Operating Hours.
•
We will Repair Your Plumbing System and/or Drainage System.
•
We will not provide cash alternatives for maintenance or Repairs.
5.3 ELECTRICAL CARE REPAIR
Where You have chosen Our Electrical Care product You are
entitled to the maintenance or Repair of Your Electrical Wiring and
the following provisions apply:
•
Where a fault or problem arises with Your Electrical Wiring, You may contact Us during Our contact centre’s Normal Operating Hours and arrange for a visit. If there is an Emergency, You may do this during Emergency
Operating Hours.
•
We will Repair Your Electrical Wiring.
•
We will not provide cash alternatives for maintenance or Repairs.
SECTION 6 – WHAT IS NOT COVERED UNDER THIS CONTRACT
This Section sets out the work and equipment that are excluded
from all these Home Energy Services Products.
6.1 EXCLUDED EQUIPMENT REPAIRS
Your Contract does not include repairs to the following
equipment:
•
Any equipment intentionally or accidentally damaged by You or any third party;
•
Appliances not housed in the main body of the Home, for example those housed in a shed or out- house;
•
Breakdown, loss of or damage to any of the contents of Your Home including but not limited to domestic appliances like freezers, washing machines, microwaves, dishwashers, and mechanical equipment such as Saniflow toilets;
•
Any consequential loss or costs associated with loss of use of Your Home;
•
Any loss or damage arising from subsidence caused by bedding down of new structures;
•
Loss or damage arising from disconnection or interruption of mains services by the deliberate act of the utility company concerned.
6.2 EXCLUDED WORK
This Contract does not include the following types of Work:
•
Any incidents that require maintenance or Repair within the first 14 days of Your Start Date;
•
Any repair in Your Home if it has been unoccupied for more than 30 consecutive days;
•
The replacement of any fixtures where such replacement is only necessary to comply with legislation, health and safety guidelines or British Standards;
•
Repairs due to design faults or pre-existing faults, or any updating of systems due to the age of the equipment;
•
Repairs where parts are no longer available;
•
Repairs outside the boundary of Your Property;
•
Repairs which are required because of theft, attempted theft, misuse, negligence, intentional or accidental damage by You or any third party;
•
Any cost relating to the attempted repair by You or any repairer not authorised by Us;
•
Any costs whatsoever where the Property is being used for commercial purposes of any nature;
•
Repairing faults if We have already told You Your Plumbing System , Drainage System or Your Electrical Wiring needs a permanent repair or improvement to make it work properly;
• Removing asbestos, or working where asbestos has been previously removed unless We have seen a clean air certificate;
•
Repairs which are required due to:
o demolition or structural repairs or alterations to the Property, faulty workmanship or use of defective materials or river or coastal erosion;
o storm, flood, tempest, lightning, fire, explosion, earthquake, impact, aircraft or other special aerial device or article dropped there from;
o War, invasion, act of foreign enemy, hostilities, rebellion, revolution, insurrection or military usurped power;
o Ionising radiation, contamination by radioactivity from any nuclear fuel, or radioactive, toxic, explosive or other hazardous properties of nuclear assembly or nuclear component of such assembly;
•
Any cost or expense (unless caused by Our negligence) caused by gaining necessary access and/or associated with reinstating the fabric of the home and costs associated with the redecoration or restoration of any fixtures or fittings needing to be removed or replaced during the carrying out of Repairs;
•
Services which have not been installed, serviced or maintained in accordance with established good industry practice or manufacturer’s instructions
•
Any costs or any work which would require Us to incur any costs above the relevant Maximum Cost.
•
The cost of a call out where there is no fault found.
SECTION 7 – YOUR CONTRACT
This Section sets out the general terms and conditions which
apply to Your Contract.
7.1 YOUR CONTRACT
•
This Contract is between You and Us for the Safety and
Maintenance Inspections and Repairs included in Your
chosen Home Energy Services Product(s) and We will provide these Safety and Maintenance Inspections and Repairs to
You in accordance with this Contract.
•
Nothing in this Contract will affect either Our or Your statutory rights.
•
If we offer renewal of Your Contract, We may vary the terms of this Contract with effect from the Renewal Date by giving 28 days written notice to You at the address detailed in the Schedule.
•
This Contract is personal to You and Your Home. You may not transfer Your rights or obligations under this Contract to any other person or property without Our prior written consent.
•
We reserve the right to make use of carefully selected partner organisations to help Us to provide the Safety and Maintenance Inspections and Repairs included in Your chosen Home Energy Services Product.
7.2 THE DURATION OF YOUR CONTRACT
•
Your Contract with Us is for 12 months from the Start Date unless it is cancelled by You or Us earlier in accordance with Section 7.9 below.
•
E.ON will write to You to advise You of Your Renewal Date in accordance with Section 7.7. Unless You tell E.ON prior to Your Renewal Date that You do not wish to renew Your Contract, We will assume that You wish to renew Your Contract for a further 12 months.
•
If Your Contract is renewed for a further 12 months You will be responsible for paying the Contract Price for that 12 months.
7.3 PROVISION OF THE SAFETY AND MAINTENANCE INSPECTIONS
AND REPAIRS
7.3.1 Our Responsibilities
We will provide the Safety and Maintenance Inspections and
Repairs included in Your chosen Home Energy Services Product in
accordance with this Contract.
7.3.2 Appointment times
•
All appointments for any Safety and Maintenance Inspections or Repairs visit will be arranged during Our engineers’ Normal Operating Hours unless it is an Emergency. If it is an Emergency We will arrange (where appropriate) Your appointment during Emergency Operating Hours.
•
We will always give priority to call outs relating to Vulnerable Customers and Emergencies.
•
At times of high demand for Our engineers, We may have to rearrange Your appointment if it is a less urgent appointment.
•
If when asked by Us You declare that (i) You are a Vulnerable Customer and/or (ii) it is an Emergency, and on arrival at Your Home We discover that the statements You made in this respect are untrue We reserve the right to charge You an Emergency Call Out Charge.
7.3.3 Gaining Access to Your Home
•
It is Your responsibility to arrange appointments with Us and provide access into Your Home to Us at the time of the appointment.
•
If We are not able to gain access to Your Home at the time of the appointment, We will not be able to carry out the Work. In these circumstances, We will write to You and inform You that We were not able to carry out the Work. It will be Your responsibility to arrange for another appointment and to provide access at the agreed time and date.
•
If We fail to gain access to Your Home to perform Repairs on two consecutive appointments, We shall consider Our duty discharged and We reserve the right to charge You for each and every subsequent call out that relates to this fault.
•
If We fail to gain access to Your Home to conduct a Safety and Maintenance Inspection on two consecutive appointments, We reserve the right to charge for any costs associated with further visits to Your Home and/or to cancel Your Contract. In such circumstances You will not be entitled to a refund of any payments made to Us.
7.4 CONDITIONS AT YOUR HOME AND TREATMENT OF OUR
REPRESENTATIVES
•
You are responsible for making sure that conditions at Your Home are suitable for engineers appointed on Our behalf to do the Work. If conditions at Your Home are not suitable, including the presence of asbestos, We will tell You what You need to do before We can perform the Work.
•
If You have had asbestos removed, You must provide to Us the clean air certificate before We arrange to do any Work (by law, a clean air certificate will be given to You by the person who removes the asbestos after they have removed the asbestos).
•
You must at all times behave appropriately when engineers appointed on Our behalf visit Your Home. You must not physically or verbally abuse Our engineers in any circumstances.
7.5 PAYMENT OF THE CONTRACT PRICE
•
The Contract Price payable by You is set out in Your Schedule. The Schedule will be sent to You at the start of Your Contract or (where you have elected to renew Your Contract) sent to You with Your renewal notice.
•
All payments due under this Contract should be paid to E.ON who is authorised to collect this money on Our behalf.
•
You must pay the Contract Price in payments which are made monthly during the Contract Year as set out in Your Schedule.
•
We will only accept the Monthly Payments of the Contract Price by Direct Debit.
•
Where a payment is due from You in relation to a Repair You must pay the Repair cost in advance of the Work being carried out by the engineer by credit or debit card.
•
If We do not receive any Monthly Payment on the date that it is due, We may charge You an additional charge to cover any reasonable administration costs, plus an additional 0.02% of the outstanding balance for every day that the Monthly Payment is late. In addition:
o We will retain ownership of all parts and equipment fitted by Us until the full payment is made. If You do not pay Us We may recover these parts and equipment from You.
o Other Works will not be carried out until any outstanding Monthly Payments are made.
•
If two or more people have entered this Contract with Us, each person will be jointly and severally responsible for any money owed. This means that We can claim all of the money owed from any person.
7.6 CONTRACT PRICE REVIEW
•
Subject to clause 7.10, Your Contract Price is fixed for 12 months except for any changes in VAT or any other applicable taxes or duties. We may adjust Your Contract Price with effect from each Renewal Date. If We propose to adjust Your Contract Price at a Renewal Date We will tell You in accordance with Section 7.7.
•
We will tell You in writing of any change in the Contract Price which is due to a change in VAT or any other applicable tax or duty before the date on which the change will come into effect where We can reasonably do so.
7.7 ANNUAL RENEWAL PROCESS
•
At least 28 days prior to Your Renewal Date, E.ON will write to You to advise You that Your Contract will shortly be due for renewal. We will advise You of the date on which Your Contract will expire if it is not renewed and the Contract Price which You must pay if You elect to renew Your Contract.
•
If You do not wish to renew Your Contract You must inform E.ON in writing or by telephone before the date on which Your Contract expires. The address and telephone number are set out in Section 7.15.
•
If You do not inform E.ON that You do not wish to renew Your Contract before the date on which Your Contract expires Your Contract will be renewed for a further 12 months and You will be responsible for paying, at Our sole discretion, the Contract Price for that 12 months.
•
We have no obligation to renew Your Contract.
7.8 MOVING HOME
If You move Home, You must inform E.ON. Provided that We are
able to offer the Home Energy Services Products in the location
of Your new home We will offer to transfer Your chosen Home
Energy Services Product(s).
7.9 CANCELLING YOUR CONTRACT
7.9.1 Cancellation by Us
We may choose to cancel this Contract if:
•
the information given by You is false or inaccurate; or
•
You cancel Your Direct Debit in circumstances where You are not entitled to cancel the Contract; or
•
You do not make any Monthly Payment on time; or
•
a health or safety issue arises for which You are responsible which makes it inappropriate for the Contract to continue;
•
You physically or verbally abuse engineers who visit
Your Property;
•
You fail to allow Us access to Your Property on two consecutive Safety and Maintenance Inspection or Repair appointments.
In these circumstances You will not be entitled to a refund of the
Monthly Payments You have paid and You must also pay to Us the
Minimum Charge.
7.9.2 Cancellation by You
Cancellation within the first seven working days
You may cancel this Contract within 7 working days of receiving
Your Schedule by notifying E.ON in writing or by telephone (at the
address or using the telephone number set out in Section 7.15)
and:
•
if We have not carried out any Work, We will provide You with a full refund of any Monthly Payments You have made in that Contract Year;
•
if We have carried out any Work, You must pay the Minimum Charge to cover Our costs.
Cancellation after the first seven working days
•
You may cancel this Contract at any time by notifying E.ON in writing or by telephone (at the address or using the telephone number set out in Section 7.15) if We fail to provide Safety and Maintenance Inspections and/or Repairs upon Your request in any material respect.
•
If You cancel this Contract after the first 7 working days for any other reason, You will not be entitled to a refund of any Monthly Payments You have paid and You must also pay to Us the Minimum Charge.
7.10 PROVISIONS RELATING TO HOME CARE PACKAGES
The provisions of this clause apply only where You have entered
into a Home Care Package.
•
Where You have entered into a Home Care Package, Your Schedule sets out the details for both this Contract and Your Contract with E.ON for the provision of E.ON’s Central Heating Care product. These are two separate contracts. The terms and conditions of this Contract apply only to the Home Energy Services Product(s) provided by Us under this Contract.
•
The price set out in Your Schedule is the total price You must pay for Your Home Care Package, that is, for the services We provide under this Contract, and for the services E.ON provide under the contract for Your Central Heating Care product.
•
Your Contract Price for Your chosen Home Energy Services Product(s) provided under this Contract is as follows:
o Where your Home Care Package includes Plumbing & Drainage Care and Electrical Care, Your Contract Price is 40% of the total price specified in Your Schedule.
o Where your Home Care Package includes only one of either Plumbing & Drainage Care or Electrical Care, Your Contract Price is 25% of the total price specified in Your Schedule.
•
Cancellation of Your contract with E.ON for the provision of Your Central Heating Care product, will not automatically cancel this Contract, and cancellation of this Contract, will not automatically cancel Your contract with E.ON for Your Central Heating Care product.
•
If at any time during the Contract Year, Your contract with E.ON for the provision of Your Central Heating Care product is cancelled, and this Contract is not cancelled, Your Contract Price for the remainder of the Contract Year, will be Our standard price, applicable at that time, for Your chosen Home Energy Services Product(s).
7.11 OUR RESPONSIBILITY
We are responsible for any direct loss that is a foreseeable
consequence of Our breaching this Contract, Our negligence or
Our breach of statutory duty. We are not responsible for any other
loss, including:
•
losses caused by an event or circumstances beyond Our reasonable control;
•
any business losses.
We are not responsible for remedial work arising from structural
or renovation work carried out in Your Home or Property by You or
a third party, for example the removal of radiators or addition of
new equipment or system extensions.
We are not responsible for any costs associated with rehousing the occupants of the Property or any other persons or
for any costs associated with alternative heating methods in
circumstances.
We are not responsible for the cost of any reinstatement or
redecoration required as a result of the Work We undertake
unless the reinstatement or redecoration is required because We
have been negligent, or We are in breach of this Contract or Our
statutory duty.
7.12 DATA PROTECTION
We will use information We have about You to administer and
carry out Work under this Contract. We will share this information
with E.ON UK PS Limited and with TWG Services Limited who We
have selected to help Us to provide the Safety and Maintenance
Inspections and Repairs. Your records may also be shared with
other organisations and used by Us, E.ON UK PS Limited and
TWG Services Limited to recover debt, trace debtors and prevent
money laundering or fraud. Unless You tell E.ON otherwise (at the
address or using the telephone number set out in Section 7.15),
E.ON will also provide You with up to date information on other
products, services and special offers E.ON provide.
7.13 LAW
The laws of England and Wales will apply to Your Contract.
7.14 HOW TO ARRANGE SAFETY AND MAINTENANCE INSPECTIONS
AND REPAIRS
To arrange a Safety and Maintenance Inspection or Repair under
this Home Energy Services Product Contract, please contact Us
on: 0844 871 5071.
Please quote Your Home address and provide details of the Safety
and Maintenance Inspection or Repair required.
7.15 CUSTOMER CARE
For any enquiries or complaints You may have regarding the
selling, payment or fulfilment of Your Contract, please contact
E.ON. Their address is:
Customer Care Team
E.ON UK PS Limited
1 Woolsthorpe Close
Bilborough
Nottingham
NG8 3JP
If You wish to telephone E.ON their telephone number is:
0845 872 8593
For any enquiries or complaints relating to the Safety and
Maintenance Inspections and/or Repairs, or the terms of Your
Contract please contact Us. Our address is:
The Warranty Group Services (Isle of Man) Limited,
The Aspen Building,
Floor 2,
Vantage Point Business Village,
Mitcheldean,
Gloucestershire, GL17 0AF.
If the matter remains unresolved You may write to the Operations
Director at the same address.
None of the above affects any right of action You may have.
7.16 CUSTOMERS WITH SPECIAL NEEDS
If You have hearing or speech difficulties You may text telephone
Us on 0844 871 8211.
This document and all Our information is available in large print,
audio and Braille. We will be happy to supply You with a copy or
You can call Us on 0844 871 8061.