Terms and Conditions

Terms & Conditions

This Plan provides the servicing and maintenance of Your Boiler (and central heating system/controls if selected and shown on Your Plan membership letter). These are the terms and conditions on which We supply the services covered by Your Plan and make up the contract between You and Us.

Definitions

Boiler: the natural gas or LPG fired Boiler as shown on Your Plan membership letter (this only includes the parts inside the Boiler casing; it does not include the flue).

Boiler Service: the annual service of Your Boiler.

Accessible pipework: Visible flow and return and visible gas supply pipework not contained within the fabric of the building or under floors.

Central Heating System: circulation pump, zone valves, diverter valves, thermostatic radiator valves, standard radiators (but NOT designer, vertical, curved, special order/bespoke, decorative radiators or towel heater/rails), accessible flow and return pipework, accessible gas supply pipework between the Boiler and the gas meter, expansion vessel, the Boiler and its Controls, vented hot water cylinders that hold less than 40 gallons or 182 litres, immersion heater elements. This does not include unvented or thermal store cylinders, their feeds, outlets or controls.

Controls: programmers, time clocks, room thermostats; all of which must be standard and not smart or internet connected devices

Home: the property at the address we have recorded against the Plan.

Initial Inspection: An inspection of Your Boiler, and/or Controls & Central Heating System when You first apply for Plan membership. Support & Maintenance Services: the services set out in “What does this Plan provide?” below.

Plan: this contract for support and maintenance services, except all items shown in the section “What is not included in this Plan?” below.

Repair Limit: £1,000. This is the most we will pay in total in each year of Your Plan for repairs we approve. Including parts and labour.

Thermal store: cylinders running directly off mains pressure water, and not from a cold-water storage cistern/tank, and can often be identified as a cylinder which is not open to the atmosphere.

We/us/our: HBE Heating of Unit 5e, Morses lane, Brightlingsea, Essex, CO7 0SF.

You/Your: the person named on Your Plan certificate.

What does this Plan provide?

This Plan provides support and maintenance for either Your Boiler only or Your Boiler, controls and central heating system depending on the level of Plan selected and shown on Your Plan membership letter. It is designed to help ensure Your heating equipment continues to work correctly and to minimize the chances of mechanical or electrical breakdown and to comply with the terms of any Boiler manufacturer warranty that may be in place by annually servicing the Boiler as part of the Plan. A Boiler Service is included in all Plans and is an essential service to help ensure the Boiler is working safely and efficiently.

What Central Heating Systems are eligible for this Plan?

Your Central Heating System must be:

• owned by You and used for personal and non-business purposes only, within a domestic environment;
• in good working order and under 15 years old when You take out the Plan; and
• Your heating equipment cannot be:
• a warm air unit; electric or solid fuel Boiler or combined heat power unit;
• An underfloor heating system
• a commercial or industrial grade Boiler/controls, such as one with more than 200,000 BTU/HR 58.6K input and/or output;
• located on a boat or in a mobile home or within an unheated outbuilding
• Is this Plan right for You?
• You must be at least 18 years old or over and resident in the United Kingdom to be eligible.
• Customer helpline
• To ensure Your heating equipment continues to work correctly and to optimize its performance, you can access our Support & Maintenance Service helpline on 01206 826 903

Boiler Service

All Plans include an annual Boiler Service, please contact our customer helpline when your Boiler Service is due and We will arrange for one of our service technicians to visit Your home and carry out the service. A Boiler Service will only be carried out once in each 12-month Plan period. If You do not arrange Your Boiler Service or we are unable to gain access on a pre-booked and agreed date to carry out the Boiler Service, no refund will be given and the Boiler Service cannot be carried forward to another Plan year.

The annual Boiler Service will be carried out to statutory requirements and where available in accordance with the manufacturer’s recommendations.

Initial Inspection

In the first year of Your Plan, we will carry out an Initial Inspection visit, if the inspection confirms that Your Plan application can be accepted, we may carry out the Boiler Service during this visit. If Any defects are found on initial inspection an initial charge may be made before the care plan starts.

Ongoing support

In order to help ensure Your heating equipment continues to function correctly; you can call us if there is a problem with the operation or functioning of Your Boiler or if Your Boiler fails the annual Boiler Service.

We will try to resolve the problem remotely by going through some simple fault-finding processes over the phone. If we are unable to resolve the problem remotely and the issue is included in Your Plan, we will arrange a site visit by one of our technicians.

Site visits

Subject to Our approval, site visits will take place during normal working hours which are 8am to 5pm Monday to Friday (except on public holidays) on a date agreed with You. They may include repairs and further maintenance checks. We will pay the costs for call-out, labour and parts (including replacing parts of the system), as long as these are not covered by a manufacturer’s guarantee. You must use our technicians; we will not accept any costs incurred by You using any other third party unless authorised by Us in advance.

Safety message

If our service technician identifies an unsafe gas appliance, they shall, with the permission of the responsible person, make the installation/appliance safe in accordance with the current Gas Industry Unsafe Situation Procedure.

If You smell gas or are worried about gas safety, you can call the National Gas Emergency Service free on 0800 111999 at any time, day or night.

Boiler Replacement

This Plan does not provide for the replacement of Your Boiler.

If we decide that it is uneconomical to repair Your Boiler (because for example the repair would cost more than the lesser of (i) the repair limit or (ii) the price of a new Boiler), or Your Boiler has reached the end of its safe or serviceable life, we will inform You as soon as possible and arrange for a quotation for a replacement.

Cylinders

If Your Central Heating System has a vented hot water cylinder (up to a maximum capacity of 40 gallons/182 litres), and You have selected the Central Heating System option of the Plan, we will maintain but not replace Your cylinder and/or immersion heater element.

The Plan does not provide care or maintenance of unvented cylinders and/or Thermal Store cylinders, or defects caused from heavy limescale build up.

Oil Boilers

If you have opted to take out the extra cover for your oil boiler the initial inspection/service will be carried out, any defects found through lack of previous servicing/heat or oil damage will need to be quoted and dealt with prior to any service plan start date. Your service plan will cover domestic Pressure jet burners only, Your boiler, Fire valve and oil filters only.

What is Not covered in this plan.

Your Plan does not provide care for, or include the following:

• Any problem with the oil supply from the tank, including air or water in the oil line, heavy blockage of sludge build up in the filters because of a contaminated or old oil tank.
• If the tank runs out of oil before any delivery.
• The oil tank and oil line,
• Any digital watchman devices
• The flue or flue liners.
• Secondary heat exchanger or casing damage,
• Main heat exchanger/water jacket through pin hole leaks or internal corrosion.
• Any oil leaks that are not a direct result of any replacement oil parts by us.
• Repairs or modifications where not approved by either us or the manufacturer.
• All further points as covered further in the T&Cs

General Conditions of This Plan

Plan period and renewal

The initial Plan period begins on the ‘start date’ and continues until the ‘end date’, as shown in Your Plan membership letter (unless it is ended in accordance with these terms and conditions). Before Your Plan ends, we will contact You by post, telephone, email or SMS about renewing. Your renewal invitation will show the new amount to pay and Your renewal date. The fee payable may increase at renewal.

If You pay by instalments, your maintenance and support will automatically continue for another year with a new Plan at each renewal, unless You inform us otherwise. We will send You a renewal reminder letter at least 28 days before Your Plan is due to renew.

Unless You have advised otherwise, the renewal fee will again be collected from Your specified bank account, to ensure You are always cared for. If You pay by any other means, you will need to make payment for Your Plan to continue.

A cooling off period (lasting 14 days from renewal of the Plan or the day on which You receive Your renewal documentation, whichever is the later) applies at the renewal of Your Plan. We reserve the right not to offer You a renewal on Your Plan. Please see below under the heading “Cooling Off Period” which explains Your rights when cancelling within this period.

Your responsibilities

• All information You give must be true, factual and not misleading.
• Your Boiler, Central Heating System and Controls must have been installed and used in accordance with the manufacturer’s instructions.
• If Your Boiler or Central Heating System breaks down or malfunctions, you must take reasonable steps to limit damage, e.g. stop using it if this is likely to cause further damage.
• You must pay the fees when they fall due.
• You must arrange any work required to make Your heating equipment accessible and compliant with all relevant safety standards and safe to work on (as determined by our service technician). We will not do any work where these standards are not met. For example, where there is a pest infestation or if hazardous material is present You will need to arrange for this to be safely removed. You must take reasonable care of Your product. This includes caring for it in line with the manufacturer’s instructions and not allowing it to be subject to adverse weather conditions.
• You must ensure someone is home for when You have booked the Boiler service or any other site If our service technician is not able to carry out the service or site visit because no one is home, You may be charged a call-out fee of £95+vat
• You must ensure that parking is available within 100 yards of Your home when You have booked a site visit. This means for example, providing parking permits if there are restrictions to on- street parking or providing a dedicated parking spot.

 Paying Your fees

• If You pay the monthly fees (inclusive of all applicable taxes) in instalments, You must pay it by the agreed payment method. The agreed payment method will be confirmed in Your Plan document. You must make regular payments in accordance with the ‘Payments schedule’ set out in Your Plan documentation. If we are unable to collect a payment by the agreed payment method we may attempt to request payment again unless You advise us otherwise. When You have paid the fees monthly for the number of consecutive months shown in the ‘Payments schedule’, if the initial term has not yet expired, no further payment will be taken for the remainder of the initial term. Before Your Plan ends, we will send You a renewal notice (see ‘Plan period and renewal’ above).
• If instead You choose to pay all the fees for the period in advance in one payment, You must pay this amount (inclusive of all applicable taxes) before the Plan will start.
• If You do not pay for Your Plan on time, it will be suspended from the due date. No Support & maintenance Services will be provided past this date unless payment is received. We may use a collection agency to recover any amount owing to us.

What Is Not included In This Plan?

• Your Plan does not provide care for, or include the following:
• Damage of any kind to the Boiler or Central Heating System or Controls caused by You or any third party.
• Replacement, recall or modification of the Boiler or Central heating System (or any part) by a supplier or the
• Modifying or altering to comply with legislation such as changes to standards or making it safely accessible.
• Any problem with the supply of electricity, gas, LPG, oil or water.
• Costs or loss arising from not being able to use Your Boiler or Central Heating 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).
• Damage to Your premises or any other property or possessions, unless it is our fault.
• Any loss, damage or impairment to functionality caused by neglect.
• Any loss, damage or impairment to functionality caused by: earthquake, flood, lightning, fire, wind, humidity, weather conditions, salt spray, storm or other natural events or catastrophes, abnormally high or low temperatures, plumbing problems, corrosion, chemical exposure, radiation, explosion, sabotage, terrorism, insurrection, revolution, war, riot, armed conflict, civil commotion, rebellion, man-made events or catastrophes or technological hazards (such as computer viruses or date-change faults).
• Repairs or modifications, where not approved by either us or the manufacturer,
• The cost of replacing any consumables (such as external fuses, batteries, fuel).
• The cost of replacing any accessories (such as attachments, cables and cable joints, plugs, light covers, filters, removable parts, catalytic panels, external piping, starter connections and straps).
• Data loss or corruption, installing, modifying and upgrading software, the resolution of any software interface
• For items with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens.
• Any work arising from hard water scale deposits (i.e. calcium/limescale).
• Sludge or blockages (including carrying out a power flush) or replacing or repairing magnetic filtration devices.
• Replacement of any item or equipment that has a leak caused by rust, corrosion, scale deposits, aggressive water or sludge such as radiators with leaks and/or holes caused by corrosion from the inside of the radiator
• Normal operation or adjustment of the Controls (except following a repair under this Plan).
• Any water pressure adjustments on sealed systems, the clearing of airlocks or the balancing and venting of radiators (except where the Central Heating System is maintained by the Plan).
• Work on anything not part of the Central heating System, for example inaccessible or non-visible pipework, energy management systems, unvented pressurised cylinders (thermal stores), convector heaters, kick space heaters, non-standard radiators, underfloor heating, heat pumps, shower pumps, solar panels, lpg 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 and any household plumbing, drainage, sewage or sanitaryware
• Work on non-standard visible pipework (i.e. greater than 35mm in diameter).
• Any gas or heating pipework laid under screed, concrete, tiled or laminate flooring,
• Design faults or installation faults unless we designed or did the installation.
• Pre-existing faults such as problems with the Boiler or Central Heating System that existed before You applied for this Plan.
• Work where the removal or disturbance of hazardous material (e.g. asbestos) is required.
• Work on internet connected heating control equipment (such as Hive, Nest or Tado).
• Any installation or associated costs where we arrange a replacement (including costs for upgrades or system modifications).
• 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.
• Re-decorating, painting, carpentry, tiling, carpet or floor laying or any other building or making good work
• Cash alternative to any repair or service
• Repairing or replacing any lead or steel pipes.

How to cancel

If You wish to cancel Your Plan, please contact us on the number on Your Plan documentation. You can also cancel by writing to us at the address specified in the ‘Customer services details’ section. If You are paying in instalments and tell Your bank or payment provider to cancel Your payment, but do not contact us first, we will not immediately cancel Your Plan.

If You do wish to cancel, please contact us directly to avoid any communications regarding outstanding payments.

Cooling off period

You will receive a full refund of any Plan fees paid if You cancel the Plan within 14 days from the Plan start date (the cooling off period). We will deduct from Your refund; the cost of any services received by You during the period. If the cost of services received exceeds Your refund amount, we will charge You the additional amount due.

After the cooling off period

If You cancel Your Plan after the cooling off period, then the following will apply:

• If You have not received a repair or Boiler Service, we’ll refund the fee paid by You for the remaining full months of Your If You pay for Your Plan in instalments, You will only receive a refund if You have already paid for any future months of Your Plan.
• If You have received a repair and/or Boiler Service, no refund will be given, and You will have to pay the cost of the repair and/or Boiler Service. This will be capped at the Plan fee (less any fees You have already paid in the current period).

Our right to cancel Your Plan or bring it to an end If at any time Your Boiler or Central Heating System is replaced or the configuration is materially altered, Your Plan will automatically end, and no refund will be due.

If we have reasonable grounds to believe that You have (or anyone acting for You has) requested services under this Plan knowing the request to be dishonest, exaggerated or fraudulent, then we may cancel the Plan immediately without any refund (see ‘Fraudulent activity’ below).

We may cancel this Plan where there is a valid reason for doing so by giving You at least 7 days’ written notice and You will receive a pro rata refund of any fees paid for the remaining unexpired days of Your Plan. Valid reasons include but are not limited to the following:

• where You fail to comply with certain conditions (see ‘Your responsibilities’ above);
• where You fail to pay for the Plan (see ‘Paying Your fees ’ above);
• where we have reasonable grounds to believe You have (or anyone acting for You has) engaged in fraudulent activity against us or our service providers and/or provided us with false information with respect to another Plan You hold or have held with us or where You have used threatening or abusive behavior or language towards our staff or suppliers.

Customer services details

For customer services please call us on 01206 326 264 or write to us at: HBE Heating, Unit 5e, Morses lane, Brightlingsea, Essex, CO7 0SF or email us;

info@hbeheating.co.uk

Telephone lines are open 8.30am – 5pm Monday to Friday. Outside of these hours you will be provided with a mobile number in case of emergencies.

How to complain

If You wish to complain or You are unhappy with the service provided, please contact our customer services team (see ‘Customer services details’ above).

Restrictions on transferring Your Plan

With our permission You may transfer Your Plan to a new owner by giving us their details either over the telephone or in writing. You cannot transfer it to any other property.

Changes to these terms and conditions

We may modify or replace these terms and conditions in order to:

• comply with the law, regulations, industry guidance or codes of practice;
• rectify errors or ambiguities; and
• reflect changes in the scope or nature of the maintenance provided to You.

We will give You thirty (30) days’ written notice of any change that could affect Your rights or obligations and provide You with a brief explanation of such changes. The new terms and conditions will take effect from the date specified in the notice. If You do not agree with the changes, You may cancel the Plan by notifying us within that notice period and You will receive a pro rata refund of any payments that You have made for the unexpired days of Your Plan.

Our Liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

Nothing in these Terms affect your statutory rights as a consumer. In particular, we do not exclude or limit death or personal injury caused by Our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation.

Events beyond our reasonable control

We will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is not foreseeable and beyond our reasonable control, including without limitation; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Data Protection Information

HBE Heating of Unit 5e Morses lane, Brightlingsea, Essex, CO7 0SF is the Data Controller for Your information. Although our Privacy Policy does not form part of the contract between You and HBE Heating, we recommend that you read our Privacy Policy to understand how we collect and use your personal data and your data protection rights. Please see our Privacy Policy at www.hbeheating.co.uk/ privacy-policy

Any other questions?

Please contact us at admin@koziwarm.com

Exclusion of third party rights

This Plan is only for Your benefit. No rights or benefits will be given to any other third party under the Plan.

Governing law and statutory rights

We will communicate with You in English and English Law will apply unless we agree otherwise with You. Nothing in the conditions will reduce or affect Your statutory rights; for further information about Your statutory rights contact the Citizens Advice Bureau: www.adviceguide.org.uk or 03454 04 05 06.

Access and support

We can provide our documents in large print format if required. Please contact us on 01206 826 903 if You require this service.

Company information

HBE Heating (trading style of Koziwarm plumbing & heating ltd), of Unit 5e, Morses Lane, Brightlingsea, Essex, CO7 0SF. Company registration number: 10452559