Legal

The boring stuff.

This is where we outline our policies and terms of service. Select a section below to jump to the information you're looking for.

Website Terms

These terms cover your use of this website. They are separate from the Combi Care Terms of Service, which govern the boiler cover itself and which you agree to when you take out a plan.

Who runs this website

This website is operated by Combi Care Maintenance Ltd, a company registered in England and Wales. Our company number, registered address and contact details appear in the footer of every page.

Using the site

You are welcome to use this website to find out about our services, get a quote and contact us. Please do not attempt to interfere with the site, gain unauthorised access to any part of it, or use automated tools to extract content from it at scale.

Quotes and prices

The quote calculator gives an indicative monthly or annual price based on the answers you provide. It is not a formal offer of cover. Cover begins only once your Direct Debit is set up and we have confirmed it, and it is subject to the Combi Care Terms of Service, including the exclusions set out there.

Some answers — an older boiler, or a system that is not a straightforward combi — may mean we need to inspect or speak to you before cover can start. We will tell you if that applies.

We take care to keep prices on this website accurate. If a price is displayed incorrectly, we will contact you before taking any payment rather than charging you the wrong amount.

Payments

Direct Debits are set up and collected through GoCardless. Payments are protected by the Direct Debit Guarantee, and you may cancel a Direct Debit at any time through your bank. Cancelling a Direct Debit ends the payments; the terms on which cover itself ends are set out in the Combi Care Terms of Service.

Content and accuracy

We keep the information on this website as accurate and current as we can, but it is provided for general guidance. Advice pages are general information, not a substitute for having your own boiler or heating system inspected by a Gas Safe registered engineer.

Photographs of completed work show jobs carried out by our engineers. Photographs used to illustrate our services may show engineers from Combi Doctor, our sister company, whose engineers carry out work on our behalf.

Intellectual property

The content, design, photographs and logos on this website belong to us or are used with permission. Please do not reproduce them without asking first.

Links to other sites

Where we link to another website, including GoCardless, we are not responsible for its content or its privacy practices.

Availability

We aim to keep the website available at all times but cannot guarantee it. We may need to take it offline occasionally for maintenance.

Liability

Nothing in these terms limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, we are not liable for loss arising from your use of this website itself, as distinct from the services we provide to you under the Combi Care Terms of Service.

Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

Changes

We may update these terms from time to time. The version published here is the one that applies.

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Combi Care Terms of Service

The following terms and conditions may look complicated but they’re an essential part, not to mention a legal requirement, of the service we’re looking forward to providing you with, in return for the payment you’ll make to us – and as such it’s important and in your own interest to take some time to read and understand them fully. Although legally we only need to allow 14 days for you to do this, we would rather be sure you have been allowed adequate time to digest and understand the entire content, terms and conditions of our agreement with you and therefore request that you find time to do this within 30 days of the ‘Commencement Date’of this Service & Maintenance Agreement with us, which is shown on the first page of this document, as during this period should you find that the service we’re proposing isn’t for you (which we’re sure won’t be the case!) you’re free to cancel without charge or obligation.

Although initially it looks like there’s a lot of things we don’t cover, it’s far easier, and in our opinion clearer, for us to say that we cover everythingexcept;……, than the opposite way around. Our summary information which was made available to you at the time of your application gave brief details of what you can and can’t expect us to deal with as part of this Service & Maintenance Agreement, (which for ease, from here on we will refer to as the ‘AGREEMENT’), however with the average modern combi boiler containing, in some cases, over 100 components you must work on the basis that if it’s not shown as being excluded or limited within this documentthen its rectification will be included up to the limits set out herein.

Please keep this important document safe and available at all times and If there’s any part you’re not sure about or anything at all you don’t understand please give us a call and we’ll be more than happy to clarify and help – it’s what we’re here for….

INTRODUCTORY INFORMATION.

You can contact us for any reason, including the need to report a breakdown or any other issue in any of the following ways and where possible please have yourAgreement Number (also provided on the first page of this document) to hand: By phone: Between 8:00am and 9:00pm please call 01942 538211 – however it would be appreciated if any general enquiries could be dealt with during the hours of Monday – Friday between 9:00am and 3:00pm.

Please be aware that certain times of the week are busier than others, especially during times of the year when the weather is especially cold and demand on our services is high. Please be patient during such times as we will be working hard to deal with your issue and limit your waiting period as much as possible. If any call isn’t answered immediately please leave a voice message with as much information as you think is relevant and we will respond as soon as possible, usually within 2 hours, with a view to attending at your home or that of your tenant within 24 hours. You can also contact us by e-mail at: service@combi.care or service@combidoctor.co.uk or via the links from our websites at: www.combi.care or www.combidoctor.co.uk.  Our postal address is: Combi Care Maintenance Ltd Unit 114 Golborne Enterprise Park Golborne Warrington WA3 3GR

In the event that you find the need to call upon our services please refer to Section 1.8of this document entitled ‘REQUESTING OUR SERVICES’ and if you are faced with what you consider to be an emergency situation please first refer to the section of this agreement entitled ‘EMERGENCY SITUATIONS‘ at Section 1.9.

In what we hope will be the unlikely event that you should wish to raise a complaint, please refer to our ‘COMPLAINTS PROCEDURE’, the details of which are laid out within these terms and conditions at Section 1.16.

If we need to contact you we will either write to you, telephone or e-mail and it is therefore vital that should your contact details differ to those shown on the first page of this document, then it is your responsibility to update us with these amended details as and when appropriate, together with those of your tenant/s if applicable. We can’t be held responsible for any delay, failure to provide an efficient service or any other scenario where you have failed to provide us with current and accurate contact information. Your details, together with those of your tenant/s, where appropriate, will be held in accordance with our ‘DATA PROTECTION POLICY’, the details of which are outlined in Section 1.14of these terms and conditions.

Should you move to a new home during the duration of this AGREEMENT, please advise us as soon as possible, ideally at least thirty days prior to the date of your move, in order that we can either mutually renew, transfer or cancel this AGREEMENT as appropriate, noting if necessary our CANCELLATION AND TERMINATIONpolicy and procedure at Section 1.11of this document.

All communications, whether written or verbal will be made in English. Upon request we will be happy to provide the information contained within this AGREEMENT or any other literature we provide in larger print.

If, at any time, you require any of the services we offer which are not included as part of the Service Level you have chosen under this AGREEMENT please do not hesitate to contact us as we will be more than happy to carry these out on a normally chargeable basis and for which we will usually be able to provide an accurate quotation in advance. The use of our services in this manner will not affect anything contained in this AGREEMENT in any way and will be covered under separate terms and conditions of business to those contained within this document. Alternatively we may be able to offer you and upgrade to your chosen Service Level at competitive rates.

For the avoidance of doubt, the terms and conditions contained within this AGREEMENT define and form a contract between COMBI CARE MAINTENANCE LTD, and YOU for the provision of specific services to be provided at our absolute sole discretion. This is not a contract of insurance, a guarantee or an insurance policy.

COMBI CARE MAINTENANCE LIMITED is a Company registered in England and Wales, Company Number: 10593570 whose registered office is at: Unit 114, Golborne Enterprise Park, Golborne, Warrington, WA3 3GR.

WHAT’S INCLUDED

The chart below shows a summary of what we include(shown in green) and exclude(shown in red) as part of the various Service Levels WE offer. YOUR chosen Service Level is shown on the first page of this document. The items included in the individual Service Levels, together with the limitations of what is included specific to each item will vary depending upon your chosen Service Level and the details explaining the various terms and conditions attached to these items are fully explained in the Sectionshown in the left hand column of the chart below.

Specific details contained in Section;

ITEM/S, APPLIANCE/S AND APPARATUS COVERED / INCLUDED (Subject to the terms and limitations contained in the chapters identified in the first column).

COMBI CARE BRONZE

COMBI CARE SILVER

COMBI CARE GOLD

2.1 INITIAL INSPECTION & SERVICE

✔

2.2 ANNUAL BOILER SERVICE

2.3 ANNUAL CP12 LANDLORD’S GAS SAFETY CERTIFICATE

2.4 BOILER BREAKDOWN

2.4 BOILER CONTROLS (Sited within the boiler itself)

2.4 BALANCED BOILER FLUES

2.5 MULTIPOINT GAS WATER HEATER (If no other boiler at property)

N/A

2.6 HEATING CONTROLS (External to the boiler)

2.6 CENTRAL HEATING SYSTEM

2.6 CENTRAL HEATING HEADER TANK

2.6 HEATING PUMPS AND MOTORISED VALVES

2.7 BOILER REPLACEMENT

2.8 GAS PIPE-WORK

2.9 DOMESTIC HOT WATER HEADER TANKS

2.9 ATMOSPHERIC HOT WATER CYLINDER

2.9 UNVENTED HOT WATER CYLINDER

2.9 HOT & COLD WATER PLUMBING PIPE-WORK

2.10 TAPS & TOILETS

2.11 MIXER SHOWERS

2.11 ELECTRIC SHOWERS

2.12 ELECTRIC PANEL HEATERS

2.13 INTERNAL DRAINAGE

2.13 EXTERNAL DRAINAGE ABOVE GROUND

2.14 GAS FIRES

2.15 GAS HOBS

2.15 ELECTRIC HOBS

2.15 GAS OVENS & COOKERS

2.15 ELECTRIC OVENS & COOKERS

SECTION 1

GENERAL TERMS, CONDITIONS, EXCLUSIONS AND LIMITATIONS.

APPLICABLE TO ALL PLAN LEVELS.

Section 1.1 – DEFINITIONS

Section 1.2 – SPECIFIC EXCLUSIONS

Section 1.3 – CONTRACT TERMS

Section 1.4 – COMMENCEMENT OF SERVICE

Section 1.5 – PAYMENTS AND CHARGES

Section 1.6 – GENERAL LIMITATIONS AND EXCLUSIONS

Section 1.7 – ACCESS

Section 1.8 – REQUESTING OUR SERVICES

Section 1.9 – EMERGENCY SITUATIONS

Section 1.10 – WARRANTIES, SPECIFICATIONS AND MATERIALS

Section 1.11 – CANCELLATION AND TERMINATION

Section 1.12 – LIMITATION OF LIABILITY

Section 1.13 – GENERAL

Section 1.14 – DATA PROTECTION

Section 1.15 – GOVERNING LAW

Section 1.16 – COMPLAINTS PROCEDURE

1.1 – DEFINITIONS,

We need to start by defining and explaining the meaning of the more important words used throughout this document and which form the basis of this AGREEMENT. From here on these will all be shown thus, as CAPITAL LETTERS where used and when shown in this manner will always have the same meaning within the context of this AGREEMENT. Although this may sound like common sense, it’s important that for the avoidance of doubt we all have a full understanding of the meanings implied, which are as follows:

1.1.1 ACCOUNT HOLDER: The person who’s name and address appears on the ‘Application for Combi Care ‘Service & Maintenance Agreement’document and who signed said document, or otherwise instructed US to provide service under this AGREEMENT.

1.1.2 AGREEMENT: This will mean the terms agreed by the ACCOUNT HOLDER, as defined above, and COMBI CARE MAINTENANCE LTD (US), and these terms are detailed in full within this document or any successive document which subsequently replaces and amends this.

1.1.3 APPARATUS:

1.1.4 APPLIANCE: The definitions of specific APPLIANCES which form part of this SERVICE & MAINTENANCE AGREEMENT are provided separately in their relevant section/s, however generally speaking an APPLIANCE is a product which carries out a specific function within YOUR HOME such as a BOILER, COOKER, SHOWER etc.

1.1.5 APPLICATION:

1.1.3 BOILER: [COMBI / CONVENTIONAL / BACK]

1.1.4 BREAKDOWN:

1.1.5 CANCELLATION / CANCEL:

1.1.6 CHIMNEY:

1.1.7 COMMENCEMENT DATE: This will be the date on which the requested ‘Service and Maintenance Agreement’will begin and any initial limitations of the service WE will provide under the terms of this AGREEMENT as detailed in Section 1.4will commence from this date.

1.1.8 COMMERCIAL: This will mean an environment or situation where a PROPERTY and the plumbing and heating installation, or part of, contained therein is used for financial gain.

1.1.9 COMPONENT:

1.1.9 CONTRACT: This will mean the AGREEMENT created under the terms agreed by the ACCOUNT HOLDER, as defined in Section 1.1.1 above, and COMBI CARE MAINTENANCE LTD (US), and these terms are detailed in full within this document or any successive document which subsequently replaces and amends this.

1.1.10 CONTRIBUTION: This will be a payment made by YOU to US towards the service WE are requested to offer as outlined in Section 1.5of this AGREEMENT and as requested by and agreed with YOU at the COMMENCEMENT DATE of this AGREEMENT.

1.1.11 CP12:

1.1.12 COSMETIC DAMAGE: Any visual damage, marking, deformation or other defect, however sustained, which does not adversely affect the intended day to day operation or performance of the item so affected, as determined by reference to it’s manufacturer’s performance data.

1.1.13 DISCOUNTED REPAIR: This will be a repair carried out on YOUR central heating BOILER for which a discounted or fixed price was charged by US and paid by YOU, the cost of the repair having been reduced on the condition that YOU purchasing from US a Service and Maintenance Agreement as defined in this document and having a TERM of Twenty four (24) months.

1.1.14 DOMESTIC:

1.1.15 DWELLING:

1.1.16 EMERGENCY: A sudden and unexpected event which cannot be contained, reduced or negated by the isolation of the utility supply to the PROPERTY and if not dealt with quickly would; render YOUR PROPERTY unsafe or insecure; would cause further and possibly substantial damage to YOUR PROPERTY; would cause personal risk of injury, or present a significant health and safety risk to YOU, YOUR TENANT, or any other person.

1.1.17 FEE: A sundry charge that will be incurred by YOU for various tasks and situations which may from time to time arise and which are explained at various stages throughout this AGREEMENT. These will either be taken by Direct Debit following at least 30 days notification of same or may be paid by Bank Transfer, Debit or Credit Card (noting the terms detailed in Section 1.5.7of this AGREEMENT.

1.1.18 FLUE:

1.1.19 HEAT PUMP:

1.1.20 HOME: The PROPERTY or DWELLING in which YOU or YOUR TENANT normally and permanently reside, the address of which will have been provided to US on YOUR initial APPLICATION as detailed at Section 1.1.5above or subsequently advised to US in the event that either YOU move HOME or the TENANT details which WE were provided with change at any time during the TERM of this AGREEMENT.

1.1.21 INCIDENT:

1.1.22 INITIAL INSPECTION:

1.1.23 LANDLORD: A person who allows others to reside in PROPERTIES he/she owns in return for financial gain. It may be the case that the LANDLORD resides in the same PROPERTY as the TENANT who would then become a lodger but will be treated as a TENANT for the purpose of this AGREEMENT.

1.1.24 LIMESCALE:

1.1.25 LPG:

1.1.26 OPEN FLUE:

1.1.27 PROPERTY:

1.1.28 POWER-FLUSH:

1.1.29 SAFETY INSPECTION:

1.1.30 SERVICE LEVEL:

1.1.31 SLUDGE:

1.1.32 SUBSTANTIAL WATER LEAKAGE:

1.1.33 SYSTEM FILTER:

1.1.34 TENANT: A person who pays a LANDLORD for permission to reside at the LANDLORD’s PROPERTY whether or not, for the purpose of this AGREEMENT under any form of Legal agreement.

1.1.35 TERM: The duration of time for which YOU will be bound by the terms of this AGREEMENT with US, noting the conditions of Section 1.11relating to YOUR rights of cancellation.

1.1.36 TERMINATION / TERMINATE:

1.1.37 WE / OUR / US:

1.1.38 WORKING DAY:

1.1.39 YOU / YOUR

Words in the singular shall include the plural and vice versa. Words importing the masculine will import the feminine and the neuter.

1.2 –SPECIFIC EXCLUSIONS.

Next, WE need to be clear as to the APPLIANCES, APPARATUS and situations, which for reasons of complexity, practicality or rarity WE, (like most other providers of services such as these), are unable to include as part of OUR AGREEMENT with YOU. These items are not includedat any SERVICE LEVELWE currently offer unless WE have been proved to have caused the need for these items to be rectified as a result of negligence on OUR part. There are other APPLIANCES or APPARATUS which may be excluded or carry set criteria as to how WE will deal with them in the event of a BREAKDOWN or INCIDENT depending on the SERVICE LEVEL YOU have chosen and the age of the item in question. These further limitations will be addressed in the sections specific to these APPLIANCES and APPARATUS in Section 2of this AGREEMENT.

1.2.1 Alternative Accommodation: WE will not pay for or contribute towards the cost of alternative accommodation or hotel accommodation as part of the service offered under the terms and conditions of this AGREEMENT.

1.2.2 Back Boilers: This being a boiler concealed behind a gas fire to heat water for the central heating and domestic hot water cylinder. No part of this type of boiler (including an attached gas fire) will be included in the service WE offer under the terms of this AGREEMENT due to the age of these APPLIANCES, although external parts of the heating system which are fed from such a boiler (pumps, valves, pipe-work and radiators etc.) may be covereddepending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.3 Booster or Shower Pumps: Unless installed by US, in which case the terms of OUR warranty as detailed in Section 1.10of this AGREEMENT only will apply, the repair, maintenance or replacement of any electric pumps designed to boost either the flow of the incoming water main or the flow of water to taps and/or showers are excluded.

1.2.4 Chimneys and Open Flues: Although WE may, subject to Section 1.2.2and Section 1.2.15of this AGREEMENT and YOUR chosen SERVICE LEVEL, service, repair and/or maintain the APPLIANCE which relies upon the CHIMNEY or OPEN FLUE for it’s operation, WE will not include for the repair, service, maintenance or replacement of any part of a CHIMNEY or OPEN FLUE itself, or any part of such a system, be it natural draught or fan assisted. This includes but is not limited to the termination to the CHIMNEY or OPEN FLUE, any linings, catchment spaces, masonry, steel or brick-work or any other component. This paragraph does not apply to balanced flues which are addressed in Section 2.4.2, Section 2.4.3and Section 2.4.4of this AGREEMENT.

1.2.5 Commercial Installations: No part of any installation will be included for service or maintenance under the terms of this AGREEMENT where it is installed in a COMMERCIAL PROPERTY, as part of this AGREEMENT, which is intended solely for use in relation to a DOMESTIC DWELLING. If a DOMESTIC DWELLING is attached to a COMMERCIAL PROPERTY then only the part of the system or installation within the DOMESTIC DWELLING will be included. Likewise, any BOILER or APPLIANCE which serves both the DOMESTIC DWELLING and the attached COMMERCIAL PROPERTY may be subject to limitations of inclusion under the terms of this AGREEMENT, such limitations being made clear at the earliest opportunity following the COMMENCEMENT DATE of YOUR service and maintenance AGREEMENT with US. Additionally any APPLIANCES, APPARATUS or equipment which is designed for use in a COMMERCIAL environment but utilised in YOUR DOMESTIC DWELLING, such as high capacity BOILERS above 40kW capacity, sprinkler systems, humidity controlling equipment and the like are excluded.

1.2.6 Condensate Pumps: Unless installed by US, in which case the terms of OUR warranty as detailed in Section 1.10of this AGREEMENT only will apply, the repair, maintenance or replacement of any electric pump designed to extract the discharge of condensate from a BOILER is excluded.

1.2.7 Cosmetic Damage: The rectification of anything considered as COSMETIC DAMAGE is excluded. This includes but is not limited to scratches, chips marks or any similar blemishes which do not affect the normal operation of the APPLIANCE or APPARATUS.

1.2.8 Decorative Radiators: Although WE will replaceleaking radiators, subject to YOUR chosen SERVICE LEVEL and the specific conditions included in Section 2.6of this AGREEMENT, WE will not include the replacement of custom manufactured curved or shaped radiators. Likewise WE will not include for the replacement of decorative heated towel rails, designer radiators or similar. Should such a radiator fail and require replacement then, subject to the terms contained in Section 1.10.5and Section 1.10.6of this AGREEMENT, WE will make a contribution towards it’s cost equivalent to the cost of a standard radiator of adequate thermal capacity to heat the room in which it is situated. Alternatively, in the case of curved or shaped radiators WE will supply and fit a conventional radiator onto a nearby flat wall if possible making reference toSection 1.10.3and Section 1.6.7of this AGREEMENT.

1.2.9 External Drainage Below Ground: WE are unable to include for the excavation of ground on YOUR PROPERTY and therefore the repair, maintenance or replacement of buried pipes is excluded. As such all external drainage for both sewage and surface water, such as buried drain pipes from toilets, sinks, drain gullies and their associated inspection hatches and chambers are excluded. Some external waste water and drainage pipe-work above ground may be included, subject to Section 1.6.16of this AGREEMENT and YOUR chosen SERVICE LEVEL and the specific details of this are explained in Section 2.13of this AGREEMENT.

1.2.10 External Gas and Water Supply Pipe-Work Below Ground: WE are unable to include for the excavation of ground on YOUR PROPERTY and therefore the repair, maintenance or replacement of buried gas or water pipe-work and any associated component is excluded. This includes gas and water pipe-work which form part of the installation at YOUR PROPERTY and which provide supplies to outbuildings, decorative water features, ponds, fountains and such like as well as any incoming utility supply. The rectification of external gas piping where installed externally but above ground may be included, subject to Section 1.6.16of this AGREEMENT and YOUR chosen SERVICE LEVEL and the specific details of this are explained in Section 2.8of this AGREEMENT.

1.2.11 Electric Boilers: Central heating BOLIERS powered only by an electrical supply, are excluded, although external parts of the heating system which are fed from such a boiler (pumps, valves, pipe-work and radiators etc.) may be covered depending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.12 Electrical Repairs: Repairs to YOUR fixed electrical installation, including fuse boxes, cables, lights, sockets and the like are excluded. WE will include, dependant on your chosen SERVICE LEVEL, to carry out electrical repairs to YOUR BOILER or heating system and certain other items, details of which are explained in Section 2.4, Section 2.6and Section 2.11of this AGREEMENT.

1.2.13 Flue-less Gas Water Heaters: No repairs or maintenance of any kind will be carried out to these APPLIANCES which are usually found at point of use locations above sinks.

1.2.14 Frozen Pipes: WE will not attend to defrost any frozen pipes, be they water supply pipes, waste water pipes or pipes containing condensate discharge from BOILERS where no permanent blockage is present and no water leakage has been caused by the freezing of the water they contain. Any request for the provision of service under this AGREEMENT may be charged to YOU should, upon arrival at YOUR PROPERTY, no fault be found other than the need to defrost such pipes.

1.2.15 Gas Fires Where Attached to a Back Boiler: These are excluded in the same manner as the BACK BOILER to which they are attached, as defined in Section 1.2.2.

1.2.16 Heat Pumps: No repairs or maintenance of any kind will be carried out to either Air Source, Ground Source, Water Source or any other form of HEAT PUMPS, although external parts of the heating system which are fed from such an APPLIANCE (pumps, valves, pipe-work and radiators etc.) may be covereddepending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.17 Intermittent Problems: WE cannot guarantee to immediately rectify problems or breakdowns which are intermittent in their nature. If upon attendance by OUR engineer any BOILER, APPLIANCE or APPARATUS is found to be operational or can be reset and remain operational at the time of OUR visit then it is likely that WE can do no more to rectify the reported situation at that point in time. WE will not carry out speculative repairs under any circumstances and WE reserve the right to decline any request by YOU to re attend YOUR PROPERTY in such cases and to delay any visit until such time as the BOILER, APPLIANCE of APPARATUS has failed completely, subject to such APPLIANCE or APPARATUS being included under the terms of YOUR chosen SERVICE LEVEL.

1.2.18 Improvements: WE will not include the cost of any improvements to any item covered under this AGREEMENT. Where a repair or replacement is necessary this will be carried out on a like for like basis, or as close to this as is practical and possible as detailed in Section 1.10of this AGREEMENT. YOU will be provided with a quotation for any works considered to constitute an improvement prior to the commencement of such works in the event that such improvements are requested by YOU or recommended by US and if agreed by both parties then payment must be made immediately upon completion of such works by bank transfer, debit card or credit card, noting Section 1.5.8of this AGREEMENT.

1.2.19 Lime-Scale and Sludge: No repair, maintenance or replacement to any APPLIANCE, COMPONENT or APPARATUS will be carried out as part of this AGREEMENT if it is considered in OUR sole opinion that the cause of such failure or malfunction is the presence of LIMESCALE, SLUDGE, or other debris within YOUR heating system. WE may recommend a POWER-FLUSH and/or the provision of a SYSTEM FILTER in an attempt to clear such debris or obstructions, however the cost of these will need to be borne in full by YOU and a quotation for same will be provided should this be considered necessary, the terms of Section 1.4.11of this AGREEMENT also being applicable in this instance. Failure to carry out such work if recommended may invalidate or adversely affect this AGREEMENT.

1.2.20 LPG(Liquified Petrolium Gas): Boilers and other gas APPLIANCES fuelled from LPG, together with associated storage tanks, connecting pipe-work and other associated components, are excluded, although external parts of the heating system which are fed from such a boiler (pumps, valves, pipe-work and radiators etc.) may be covereddepending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.21 Macerator Pumps: The repair, maintenance or replacement of any macerator pump, an example of which is but not limited to a ‘Saniflo’ or similar, designed for the pumped extraction of waste water and effluent from a bathroom within your HOME, together with any pipe-work connected to either the inlet or outlet of such a pump is excluded.

1.2.22 Malicious Damage: The rectification of any incident or fault to any installation, APPLIANCE, APPARATUS or COMPONENT which in OUR sole opinion is considered to have been caused intentionally, or the rectification of damage to any item caused as a result of misuse by any person, is excluded.

1.2.23 Oil: Boilers and other APPLIANCES fuelled from Oil, together with associated storage tanks, connecting pipe-work and other associated components, are excluded, although external parts of the heating system which are fed from such a boiler (pumps, valves, pipe-work and radiators etc.) may be covered depending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.24 Outbuildings and Exterior Appliances: The repair or maintenance of any installation, BOILER, APPLIANCE or APPARATUS, whether permanently installed or not in any detached outbuilding on YOUR PROPERTY but not forming part of YOUR HOME is excluded. As are any exterior APPLIANCES, such as but not limited to; gas or electrically powered barbeques and the like.

1.2.25 Sanitary Ware: The cost of the repair or replacement of any plastic, composite, vitreous china or otherwise manufactured sanitary ware is excluded, as are any sealants, wall surfaces, panelling, tiling or grouting which provide integrity to the wet areas they protect. This includes but is not limited to; toilet pans, cisterns, seats, baths, wash basins, pedestals, bidets, shower trays and glass bath and shower screens, together with any general accessories, such as but not limited to; shower hoses and shower heads. The taps and components attached to the items listed above may be covered, subject to YOUR chosen SERVICE LEVEL and the conditions specified in Section 2.10of this AGREEMENT.

1.2.26 Sludge and Lime-Scale: No repair, maintenance or replacement to any APPLIANCE, COMPONENT or APPARATUS will be carried out as part of this AGREEMENT if it is considered that the cause of such failure or malfunction is the presence of LIMESCALE, SLUDGE, or other debris within YOUR heating system. WE may recommend a POWER-FLUSH and/or the provision of a SYSTEM FILTER in an attempt to clear such debris or obstructions, however the cost of these will need to be borne by YOU and a quotation for same will be provided should this be considered necessary, the terms of Section 1.4.11of this AGREEMENT also being applicable in this instance. Failure to carry out such work if recommended may invalidate or adversely affect this AGREEMENT.

1.2.27 Smart Controls: Unless installed by US, in which case the terms of OUR warranty as detailed in Section 1.10of this AGREEMENT only will apply, the repair, maintenance or replacement of internet enabled controls, mobile phones, computers or systems whose primary purpose is operating or controlling YOUR central heating or HOME systems are excluded as is the data connection or transmission to or from any such devices or equipment, APPLIANCES or APPARATUS.

1.2.28 Solar Panels: The repair, maintenance or replacement of electric or fluid filled solar panels, together with their operating systems, controls or associated pipe-work is excluded, as is any other means of electricity generating equipment such as but not limited to wind turbines, combined heat and power systems and such like.

1.2.29 Storage Heaters: The repair, maintenance or replacement of electric storage heaters, or any APPLIANCE containing heat storage bricks are excluded.

1.2.30 Swimming Pools/ Saunas / Steam Rooms / Jacuzzis / Hot Tubs: The repair, maintenance or replacement of any BOILER, APPLIANCE pipe-work or associated component of any of these items is excluded.

1.2.31 Thermal Stores: The repair, maintenance or replacement of any unvented or vented thermal store, together with any components directly attached to such an APPLIANCE are excluded. This includes but is not limited to products such as ‘Gledhill Boiler Mate’ and similar. Please contact US if YOU are unsure as to whether YOU have such an APPLIANCE installed in YOUR HOME.

1.2.32 Under-Floor Heating: The repair, maintenance or replacement of any component which forms part of a specific under-floor heating system is excluded. This applies to both electrically heated systems, which are excluded totally and water heated systems. The exclusions which apply to water heated systems are limited to the under-floor pipe-work circuit, the attached manifolds, pumps and control systems. The central heating BOILER which heats the water for the under-floor system and other components on the installation may be covereddepending on your chosen SERVICE LEVEL and the conditions specified in Section 2.6of this AGREEMENT.

1.2.33 User Operated Controls and Procedures: As part of this AGREEMENT, WE will not attend to alter or reset any user operated controls such as time clocks, programmers, thermostats and the like, or to replace bulbs or batteries, to vent radiators, or to top up the system pressure in sealed heating systems. Any request for the provision of service under this AGREEMENT will be charged to YOU should, upon arrival at YOUR property no fault be found other than the need to carry out functions and procedures which fall under the umbrella of user operated procedures as outlined above but more specifically as defined by the manufacturer’s of such items, APPLIANCES and suchlike.

1.2.34 Utility Supplies: WE will not cover any failure of any item, APPLIANCE or APPARATUS, or damage caused to such items which has been caused by changes in, failure of, or contamination of the supply of water, electric or gas to YOUR PROPERTY including the failure of smart meters.

1.2.35 Warm Air: The repair, maintenance or replacement of any warm air heating system, however fuelled, together with all components which form part of the system are excluded.

1.2.36 Water Softeners and Filters: The repair or maintenance of any device or APPARATUS designed for reducing the level of contaminants in any water system, be it drinking water or water within sealed or open heating systems and the like is excluded under the terms of this AGREEMENT, unless WE have installed it and it is covered under the terms of OUR warranty as detailed at Section 1.10 of this AGREEMENT. WEwill, if requested by YOU during the routine servicing of YOUR central heating BOILER remove and clean any magnetic sludge filter installed on YOUR heating system on the condition that YOU have immediately available a set of replacement sealing washers as detailed in Section 2.1.2and Section 2.2.3of this AGREEMENT.

1.3 – CONTRACT TERMS.

1.3.1 WE will not accept alterations or variations to this legally binding contract as formed under the terms and conditions of this AGREEMENT unless confirmed in writing by US and any such alterations may result in extra charges being made by US.

1.3.2 YOU may not cancel this AGREEMENT without OUR written consent and upon terms which will indemnify US against all loss. Please refer to our cancellation policy at Section 1.11of this AGREEMENT.

1.3.3 All materials that are supplied, whether fixed or not, by, or on behalf of US, shall remain OUR property until paid for in full either as an inclusion in this AGREEMENT or by separate negotiation, contract and/or addition as applicable.

1.3.4 Although the materials supplied by, or on behalf of US shall remain OUR property until full payment is received, they shall be at YOUR risk from time of delivery to YOUR PROPERTY and YOU may wish to insure them against loss or damage accordingly, and in the event of any such loss or damage occurring shall fully reimburse US.

1.3.5 This AGREEMENT is made between US and YOU and cannot be transferred to any other party or organisation.

1.3.6 A person who is not a party to this contract as formed under the terms and conditions of this AGREEMENT has no right under the ‘Contracts (Rights of Third Parties) Act 1999’ to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

1.4 – COMMENCEMENT OF SERVICE.

1.4.1 Upon receipt by US of YOUR APPLICATION, complete with Direct Debit mandate or advance payment, thus forming YOUR request for the commencement of services as detailed in this AGREEMENT, WE will provide to YOU, usually within seven (7) WORKING DAYS, confirmation that WE will agree to the commencement of such services, a full list of OUR terms and conditions as contained in this document and any additional conditions if applicable which will apply to this standard AGREEMENT, together with a schedule of payments to be collected by Direct Debit if applicable. A COMMENCEMENT DATE from which the AGREEMENT will become active will also be provided and this date will be shown on the first page of this AGREEMENT.

1.4.2 WE reserve the right to accept YOUR application subject to, and at OUR sole discretion, YOU agreeing to the amendment of YOUR application to request an alternate SERVICE LEVEL and/or for the mandatory inclusion of a CONTRIBUTION payment on each occasion OUR services are requested under the terms of this AGREEMENT as detailed in Section 1.5herein.

1.4.3 WE reserve the right to decline any APPLICATION received for any reason WE consider appropriate and will be under no obligation to YOU whatsoever. Should we decline YOUR application all payment information provided will be destroyed but YOUR personal details will remain held on OUR database under the terms detailed in Section 1.14herein unless YOU make a written request to the contrary.

1.4.4 YOUR application may request a TERM for the duration of this AGREEMENT of twelve (12) or twenty-four (24) months, however if you have benefitted from a DISCOUNTED REPAIR, subject to the purchase of this Service and Maintenance AGREEMENT from US then the TERM will be set at twenty-four (24) months subject to the content of Section 1.4.2and Section 1.4.3above.

1.4.5 No request for OUR services as covered by this AGREEMENT will be honoured by US until thirty (30) days have elapsed from the COMMENCEMENT DATE of this AGREEMENT, during which time should OUR services be required then WE will be more than happy to carry these out on a normally chargeable basis and for which WE will usually be able to provide an accurate quotation in advance. The use of OUR services in this manner will not affect anything contained in this AGREEMENT in any way and will not incur payment of any CONTRIBUTION YOU have elected to pay as part of this AGREEMENT. Any such services provided outside the scope of this AGREEMENT will be covered under separate terms and conditions of business to those contained herein and will be made available to YOU at such time as any such services are requested by YOU.

1.4.6 During the thirty (30) days following the COMMENCEMENT DATE of this AGREEMENT you are free to cancel this AGREEMENT and any monies paid towards this AGREEMENT will be refunded in full and no charges incurred. This thirty (30) day period included the statutory fourteen (14) day period WE are obliged to provide under the ‘Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’. The cost of any services requested and subsequently provided outside the scope of this AGREEMENT as detailed in Section 1.4.5and covered by a separate agreement will remain payable in full.

1.4.7 If you choose to cancel this AGREEMENT within the initial thirty (30) days as outlined in Section1.4.5 and Section 1.4.6but have already benefitted from a DISCOUNTED REPAIR, then the full cost of the DISCOUNTED REPAIR will become immediately payable.

1.4.8 In the event that YOU request provision of OUR services under the terms of this AGREEMENT then after the initial thirty (30) day period, as detailed in Section 1.4.5and Section 1.4.6above has elapsed, a cap limiting the maximum cost of work and services provided to a maximum amount of £300.00 will apply (this excluding any CONTRIBUTION YOU have elected to pay) for the following sixty (60) days (ie: until a period of ninety (90) days following the COMMENCEMENT DATE of this AGREEMENT have elapsed). This limit applies to all SERVICE LEVELS and excludes any FEES incurred or charged by US if applicable but will be inclusive of all parts, materials and labour provided by US, for whatever visits are made to YOUR PROPERTY over this sixty (60) day period and will be inclusive of vat at the rate in force, but will not include the cost of any SERVICE, CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed to be necessary by US.

1.4.9 After ninety (90) days have elapsed from the COMMENCEMENT DATE of this AGREEMENT then YOU may request OUR services at any time and on unlimited occasions under the terms of this AGREEMENT and subject to the inclusions within YOUR chosen SERVICE LEVEL as detailed in Section 2of this AGREEMENT, however a cap limiting the maximum cost of work and services provided to a maximum of £3000.00 will apply (this being inclusive of the £300.00 detailed at Section 1.4.8above, but excluding any CONTRIBUTION YOU have elected to pay) for the remainder of the twelve (12) month period following the COMMENCEMENT DATE of this AGREEMENT. This cap of £3000.00 will renew under the same criteria for any subsequent twelve (12) month period thereafter where this AGREEMENT is allowed to continue. This limit applies to all SERVICE LEVELS and excludes any FEES incurred or charged by US if applicable but will be inclusive of all parts, materials and labour provided by US, for whatever visits are made to YOUR PROPERTY over this period and will be inclusive of vat at the rate in force, but will not include the cost of any SERVICE, CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed to be necessary by US.

1.4.10 At the COMMENCEMENT DATE of this AGREEMENT,Boilers less than 5 years old will be approved for inclusion into this Service & Maintenance AGREEMENT unconditionally.Boiler aged between 5 and 10 years old will be approved for inclusion subject to their having been serviced in accordance with their manufacturer’s instructions and evidence of such service being available for inspection upon request.Boilers aged between 5 and 10 years old, for which no or only a partial service history is available, together with boilers over 10 years old, will be accepted for inclusion subject to an INITIAL INSPECTION and SERVICE as detailed in Section 2.1of this AGREEMENT being carried out by US within ninety (90) days following the COMMENCEMENT DATE of this AGREEMENT, during which time limitations will apply to the service WE will provide as outlined in Section 1.4.5,Section 1.4.6and Section 1.4.8above. Following the INITIAL INSPECTION and SERVICE, WE reserve the right to cancel or amend the terms of this AGREEMENT as detailed in Section 1.4.2and Section 1.4.3above, or to insist that improvements be carried out at YOUR expense as detailed within Section 1.6.20of this AGREEMENT. Should WE or YOU elect to cancel this AGREEMENT following this INITIAL INSPECTION and SERVICE then the terms contained in Section 1.11of this AGREEMENT will apply.

1.4.11 If WE insist on improvements as detailed in Section 1.4.10above, or at any time during the duration of this AGREEMENT then WE will quote for such work and although YOU are fully entitled to have such work carried out by whoever YOU choose, YOUR chosen contractor must be fully qualified and registered with the appropriate trade body as appropriate. WE must be provided with a copy of the invoice accurately detailing the improvement work which has been carried out and reserve the right to subsequently insist that WE re-inspect such work and/or improvements, for which YOU will be charged a FEE of £50.00. Following such a re-inspection, should WE consider that the improvement/s carried out, in OUR sole opinion, be sub-standard, non compliant or inadequate in any way whatsoever then WE retain the right to cancel or amend the terms of this AGREEMENT as detailed in Section 1.4.2and Section 1.4.3above, or to insist that further improvements be carried out at YOUR expense as detailed within Section 1.6.20of this AGREEMENT. Should WE or YOU elect to cancel this AGREEMENT following this re-inspection then the terms contained in Section 1.11of this AGREEMENT will apply.

1.4.12 The onus to state the age of the boiler will be on YOU and this can be verified by US if necessary under the procedure detailed within Section 2.7of this AGREEMENT.

1.4.13 If incorrect or inaccurate information is considered at any time to have been provided by YOU, then WE reserve the right to amend or cancel this AGREEMENT under the terms detailed in Section 1.11of this document.

1.4.14 Any BOILER or APPLIANCE not displaying a manufacturer’s data plate may be excluded at OUR sole discretion from this AGREEMENT as without this information the BOILER or APPLIANCE may not conform to applicable regulations and WE may not be able to establish the age of the boiler and/or identify and obtain any spare parts which may subsequently be required.

1.4.15 At any time during the TERM of this AGREEMENT, YOU may request for YOUR chosen SERVICE LEVEL to be upgraded (but not reduced) for it’s remaining TERM. Subject to OUR approval of such request, YOUR revised SERVICE LEVEL will take effect as though it was a new AGREEMENT as detailed in Section 1.4.5,Section 1.4.6and Section 1.4.8above with regard to the thirty (30) day and ninety (90) day limitations. The provisions of YOUR original SERVICE LEVEL will remain unaffected during this transitional period.

1.5 – PAYMENTS AND CHARGES.

1.5.1 The agreed monthly or annual charges for the service WE will provide under the terms of this AGREEMENT will be based upon a set TERM of twelve (12) or twenty-four (24) months and cancellation charges or other FEES as outlined in Section 1.11and elsewhere within this AGREEMENT will apply after elapse of the initial 30 day period following the COMMENCEMENT DATE.

1.5.2 Where YOU have elected to pay a £50.00 CONTRIBUTION as part of this AGREEMENT then unless pre approved credit facilities have been agreed in writing by US, this payment must be made to US by bank transfer, debit card or credit card (noting the clause at Section 1.5.8below) at such time as YOU request OUR services as detailed in Section 1.8and where such services fall within the scope of this AGREEMENT and YOUR chosen SERVICE LEVEL, subject also to the provisions of Section 1.5.3below. In the absence of such payment WE reserve the right to refuse attendance as and when requested by YOU.

1.5.3 Where YOU have elected to pay a £50.00 CONTRIBUTION as part of this AGREEMENT then this CONTRIBUTION will become payable upon commencement of each individual request to carry out a repair or maintenance at YOUR PROPERTY, subject to such repairs or maintenance falling within the scope of this AGREEMENT and YOUR chosen SERVICE LEVEL. If more than one visit is required to YOUR HOME to complete or fully rectify such individual repair, then only one CONTRIBUTION payment will be payable at the time of YOUR initial request to attend.

1.5.4 Scheduled work such as a routine SERVICE, CP12 LANDLORD SAFETY INSPECTIONS or any other inspection/s deemed to be necessary by US will not be subject to the payment of such a CONTRIBUTION.

1.5.5 If, as part of a routine SERVICE, CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed to be necessary by US, WE identify the need to carry out a repair or other maintenance which is included under the terms of this AGREEMENT then, where YOU have elected to pay a £50.00 CONTRIBUTION as part of this AGREEMENT, the payment of such CONTRIBUTION will be necessary prior to the commencement of the repair or other maintenance identified as being necessary.

1.5.6 If a fault reported by YOU is, upon subsequent investigation by US, considered in the sole opinion of OUR engineer to be a re-occurrence of a fault already repaired by US and falling within the terms of OUR warranty as detailed in Section 1.10of this AGREEMENT and for which a CONTRIBUTION payment was made at the time of the initial reporting of such a repeat incident as detailed in Section 1.5.2above, then no further CONTRIBUTION payment will be due from YOU for this subsequent request for service and if such a CONTRIBUTION was already paid by YOU it will be refunded by US within seven (7) WORKING DAYS.

1.5.7 If, for the duration of any TERM of this AGREEMENT, the cost of parts, materials, labour services and the like provided by US, inclusive of vat or other statutory taxes exceeds any limits as set out in Section 1.4.8, Section 1.4.9and the specific parts of Section 2of this AGREEMENT then such additional costs will become payable by YOU. The amount of such costs will be advised to YOU by US in advance of such costs being incurred.

1.5.8 All payments made by credit card will be subject to a Merchant’s handling FEE of 2.75%.

1.5.9 The payment of any FEE or CONTRIBUTION is the sole responsibility of the person or organisation who signed the request for US to provide the services as included within this AGREEMENT and who is identified on the first page of this document as the ACCOUNT HOLDER, also referred to in the context of this AGREEMENT and the definitions contained within Section 1.1as YOU. In the event that any FEE or CONTRIBUTION is incurred by a TENANT or any other person or representative, whether acting on YOUR direct instructions or not, then it is YOUR responsibility to pay the FEE to US and YOUR prerogative to claim this back from any third party involved should YOU choose.

1.5.10 After the initial twelve (12) month TERM of this AGREEMENT has expired and regardless of the agreed TERM being for a period of twelve (12) or twenty-four (24) months, WE reserve the right to increase the monthly or annual cost of the service WE offer under the terms of this AGREEMENT for it’s remaining or on-going TERM as appropriate, this to reflect market forces and the past history of the level of service WE have been requested to provide. YOU will be notified of any price increase at least 60 days prior to the implementation of such an increase and will be entitled to cancel this AGREEMENT should YOU choose under the terms detailed in Section 1.11herein.

1.5.11 In the event that the Government changes the rates of applicable taxes (for example VAT) included within our quoted charges, FEES or CONTRIBUTIONS, then WE will reflect such price changes at any time during the TERM of this AGREEMENT and will provide YOU with at least 30 days advance warning of such changes wherever possible. In the event that such changes are implemented with less advance warning having been provided by the Government then WE will implement such price changes as they take effect and provide such notice to YOU within fourteen (14) days of the announcement of such changes.

1.5.12 Upon expiry of the set TERM, be it twelve (12) or twenty-four (24) months and in the absence of intervention or notification by either YOU or US, then this AGREEMENT will automatically renew for a further period of twelve (12) months, with no other changes to the terms and conditions contained herein unless notified to YOU at least 60 days prior to the implementation of any changes or amendments.

1.5.13 All monthly payments, FEES or CONTRIBUTIONS and the like include any applicable taxes, such as VAT at the current rate, unless notified to the contrary. All commercial customers (Landlords) will receive an invoice in respect of all payments received by US showing any relevant taxes charged.

1.5.14 Any dishonoured or otherwise unpaid Direct Debit payment, or other due payment not received by US on the first WORKING DAY following the date on which it was due must be subsequently received by US within the following seven (7) WORKING DAYS to avoid potential suspension and/or cancellation of the service provided by US under the terms of this AGREEMENT and possible consequential loss of benefit to YOU. An administration FEE of £35.00 will be made for each Direct Debit payment not received within the seven (7) working days following the first WORKING DAY after it became initially due and this FEE must be paid within thirty (30) days from the date on which the FEE was charged and subsequently notified to YOU in order to ensure continuance of service under this AGREEMENT.

1.5.15 No request for service under the terms of this AGREEMENT will be honoured where arrears of any kind exist and YOU will remain liable for the payment of such arrears at all times up to, including and beyond the cancellation of this AGREEMENT by either party.

1.5.16 Where multiple or grouped (ie: Landlord) AGREEMENTS are paid by a single Direct Debit, then in the event that any payment is not received on it’s due date, although only one administration FEE as detailed in Section 1.5.14above will be levied, all PROPERTIES covered by the AGREEMENT in question may be adversely affected as described in Section 1.5.15above.

1.5.17 Examples of where WE reserve the right to charge a FEE include but are not limited to: Where there is no manufacturer’s operation instructions or similar literature available to the user. Where there is no completed ‘Benchmark’ commissioning sheet or other control documentation available or present. Where no fault is found to be present upon arrival by our engineer. Where the breakdown or fault is the cause of any excluded fault or situation excluded within this AGREEMENT. Where it is considered that inaccurate or fraudulent information has been provided to US by YOU or YOUR representative. Where a previously arranged and agreed appointment is not cancelled in a timely manner by YOU or YOUR representative. Where any conditions of this policy have been broken by the YOU or YOUR representative. Where additional administration duties are necessary as outlined in the various sections of this AGREEMENT.

The above form examples only and therefore this list is not exhaustive.

1.5.18 WE reserve the right to take action by whatever means WE consider to be appropriate and such action may be on YOUR behalf and in YOUR name but at OUR expense to recover any losses sustained by US from a third party in the event that any action by such a third party results in the need for the provision of OUR services under the terms of this AGREEMENT.

1.5.19 Should recovery of any monies due to US under the terms of this AGREEMENT be necessary from YOU, then YOU will be held wholly liable for any costs incurred in recovering such monies.

1.6 – GENERAL LIMITATIONS AND EXCLUSIONS.

1.6.1 No request for the provision of service by US under the terms of this AGREEMENT will be carried out until a period of thirty (30) days have elapsed following the COMMENCEMENT DATE of this AGREEMENTas detailed in Section 1.4.5.

1.6.2 Faults, which in the sole opinion of OUR engineer are considered to be pre-existing at the COMMENCEMENT DATE of this AGREEMENT will be excluded. These include, but are not limited to; contamination by LIMESCALE, SLUDGE or other debris as noted at Section 1.2.19and Section 1.2.26 and Section 1.6.3, together with but not limited to corrosion and evidence of historical water leakage. Additionally, WE will not include for the repair or rectification of any part of YOUR system which becomes faulty or fails where WE could not have been reasonably expected to have been aware the shortfall in YOUR installation prior to the COMMENCEMENT DATE of this AGREEMENT, an example of such being but not limited to; faulty pipes buried below floors which have never been provided with the correct level of protection, insulation or support.

1.6.3 Faults caused to BOILERS or central heating systems as a result of SLUDGE, poor water quality, LIMESCALE build up are excluded as noted in Section 1.2.19and Section 1.2.26herein. Examples of such symptoms being but not limited to; blocked and ‘kettling’ heat exchangers within BOILERS, noisy BOILERS, cold spots on radiators, general poor circulation, failure of individual radiators despite control valves having been found to be operational. Should such symptoms be identified WE may insist that a POWER-FLUSH be carried out and/or the installation of a SYSTEM FILTER be carried out in an attempt to clear such debris or obstructions, however the cost of these will need to be borne in full by YOU and a quotation for same will be provided should this be considered necessary, the terms of Section 1.4.11of this AGREEMENT also being applicable in this instance. Failure to carry out such work if recommended may invalidate or adversely affect this AGREEMENT.

1.6.4 Any failure, defect, damage or breakdown caused by deliberate action, accident, misuse, modification or third party interference or an attempted non compliant repair which does not conform to industry standards will render this AGREEMENT null and void until made good at YOUR expense noting the content of Section 1.4.11of this AGREEMENT.

1.6.5 WE reserve the right to decline any request for provision of service by YOU and may suspend or cancel any provision of service provided under the terms of this AGREEMENT if at any time we consider that in OUR sole opinion, any information whether verbal or written provided to US by YOU, YOUR representative or any third party acting on YOUR behalf has been wilfully negligent, contained any act of wilful omission or fraudulent content.

1.6.6 Faults and failures which occur as a result of poor installation, lack of maintenance or incorrect specification (including incorrectly calculated expansion vessels on heating or hot water installations) will not be covered unless WE have carried out the installation or the part of the installation which is at fault and such work is proven to be necessary as a result of negligence on OUR part or contained within the terms of OUR warranty as detailed in Section 1.10of this AGREEMENT.

1.6.7 In the event of a leak, fire or any other issue which is entitled to be addressed and rectified under the terms of this AGREEMENT and YOUR chosen SERVICE LEVEL, any subsequent cleaning or reinstatement of damage is excluded and this exclusion applies but is not limited to YOUR fixtures, to the decorating, furniture, carpets and YOUR personal possessions, unless it has been proven that it has been caused as a result of Negligence on OUR part. Otherwise this should fall under the umbrella of YOUR property insurance policy. Likewise any other issue which WE would expect to be covered by YOUR property insurance or any other such insurance policy will be excluded.

1.6.8 The rectification of any issue caused directly or indirectly by the presence of condensation on pipe-work or any APPLIANCE or APPARATUS is excluded, as is the cleaning or removal of mould, mildew, fungus spores, micro organism or bacterial growth of any kind, type nature or description including but not limited to any substance whose presence poses an actual or potential threat to human health and this exclusion applies regardless of whether there is; damage to the PROPERTY, any loss of use, functionality or occupancy and to any action required including but not limited to; repair, disposal, replacement, removal, clean up, abatement, relocation or steps taken to address legal or medical concerns.

1.6.9 WE may need to isolate the gas supply to YOUR property and It is YOUR responsibility to ensure that the gas supply can be isolated at it’s point of entry to YOUR PROPERTY. If this is not possible it will be YOUR responsibility to liaise with your utility supplier to achieve this. WE advise that YOU check this as a precaution and act accordingly.

1.6.10 WE may need to isolate the electrical supply to YOUR property and although WE will endeavour to provide adequate warning of such interruption WE will at no time be held liable for the loss or damage to any property, data or any information stored electronically which may become lost or corrupted.

1.6.11 WE may need to isolate the water supply to your PROPERTY to carry out certain repairs and if WE are unable to isolate the supply in this manner there is a risk of damage being caused to YOUR HOME and delays will subsequently be incurred in rectifying the problem for which WE will not be held responsible. It is YOUR responsibility to ensure that the water supply can be isolated in this manner and if this is not possible it will be YOUR responsibility to liaise with your utility supplier to achieve this. WE advise that YOU check this as a precaution and act accordingly.

1.6.12 WE will not cover the cost or make any contribution towards any expense incurred by YOU caused by the loss of water from a metered supply.

1.6.13 WE will endeavour to carry out all rectification and remedial works in a reasonable timescale. Should anything beyond our control cause delay WE will endeavour keep you advised, however WE will at no time bear any liability for any costs incurred by YOU for any delay, however sustained in rectifying or repairing any reported faults.

1.6.14 In the event that WE need to cancel or re-schedule a pre arranged appointment for any reason WE will use OUR best endeavours to advise you of the need to re arrange the appointment as soon as possible and practical, however WE will at no time bear any liability for any costs incurred by YOU for any delay or inconvenience caused.

1.6.15 WE will be unable to attend to any issue in YOUR HOME if WE encounter anything which constitutes a risk to health and safety. Such examples being, but not limited to; pest infestations, hazardous chemicals, asbestos, physical or verbal abuse. WE will be unable to continue with the necessary works until the nature of the risk has been removed at YOUR expense and in the case of asbestos WE will need a copy of suitable certification to ensure compliance in it’s removal from YOUR PROPERTY.

1.6.16 Any necessary works to the exterior of YOUR property which fall within the terms of this AGREEMENT and YOUR chosen SERVICE LEVEL will only be carried out where a working height of no more than five (5) metres, when measured vertically from ground level is notexceeded. This is conditional on access being available from a ladder stood on solid and even ground and deployed in a manner consistent with the design of the ladder and safe working practice. At no time will WE access any part of YOUR PROPERTY which involves climbing on or walking across a roof surface, whether flat or pitched. WE will not at any time allow for the provision of scaffolding, access towers, mechanical access platforms or such like for the provision of any service or maintenance included as part of this AGREEMENT.

1.6.17 Where a PROPERTY is rented to a TENANT the LANDLORD is responsible for making their TENANT aware of these terms, conditions, exclusions, limitation and charging of any FEES and ensuring that they comply with the terms herein and allow US unhindered access to complete any necessary works in a timely manner and with no obstruction.

1.6.18 WE will not cover the cost or make any contribution towards the appointment of any professional person or organisation whose services YOU may choose to appoint or otherwise instruct.

1.6.19 YOU must inform US if YOU, or YOUR nominated installer replaces, exchanges or otherwise alters any APPLIANCE or APPARATUS for which WE are obliged to provide service for under the terms of, and during the TERM of this AGREEMENT and WE must be provided with a copy of the installer’s invoice accurately detailing the repair, improvement or alteration work which has been carried out and WE reserve the right to subsequently insist that WE inspect such work and/or improvements, for which YOU will be charged a FEE of £50.00. Following such a inspection, should WE consider that the improvement/s carried out, in OUR sole opinion, be sub-standard, non compliant or inadequate in any way whatsoever then WE reserve the right to cancel or amend the terms of this AGREEMENT as detailed in Section 1.4.2, or to insist that further improvements be carried out at YOUR expense. Should WE or YOU elect to cancel this AGREEMENT following this inspection then the terms contained in Section 1.11of this AGREEMENT will apply

1.6.20 From time to time Regulations change and WE may advise YOU that certain parts of YOUR plumbing or heating system are no longer compliant with current legislation and permanent repairs or upgrading are necessary at additional cost if not included under the terms of this AGREEMENT. YOUR failure to adhere to such advice and failure to carry out such upgrades may adversely affect the service WE are able to offer YOU under the terms of this AGREEMENT and may result in OUR refusal to carry out any further work on the affected BOILER, APPLIANCES, APPARATUS or the affected part of YOUR system until such time as the identified repairs or improvements have been carried out.

1.6.21 WE may, during routine maintenance or attendance in response to a request from YOU find that YOUR BOILER, APPLIANCES, APPARATUS or other parts of your system require permanent repairs or improvements in order to ensure continued efficient and safe operation or compliance and in the event that such improvements are not covered under the terms of this AGREEMENT then additional cost will be incurred and such costs will be YOUR responsibility. YOUR failure to adhere to such advice and failure to carry out such upgrades may adversely affect the service WE are able to offer YOU under the terms of this AGREEMENT and may result in OUR refusal to carry out any further work on the affected BOILER, APPLIANCES, APPARATUS or the affected part of YOUR system until such time as the identified repairs or improvements have been carried out.

1.6.22 Unless specifically outlined and explicitly included within this AGREEMENT, WE will not offer YOU payment of any kind in lieu of any service, repair or maintenance included under the terms of this AGREEMENT.

1.6.23 Only the customer named on the APPLICATION form requesting implementation of OUR service AGREEMENT, their spouse or their named TENANT at the address provided can benefit from OUR services as outlined in this AGREEMENT. In the event that WE consider that YOUR HOME is being occupied by a TENANT, even if this TENANT is a member of YOUR family, then WE reserve the right to cancel or suspend this AGREEMENT.

1.6.24 WE reserve the right to decline a request from YOU for the provision of service by US under the terms and conditions of this AGREEMENT where the PROPERTY has not been occupied for a period of sixth (60) days or more and the responsibility to provide proof in this regard will be upon YOU.

1.6.25 At no time, unless proven to have been caused by negligence on OUR part, will WE bear any responsibility for costs or claims arising from or in connection with any consequence of; fire, lightning, extreme weather, explosion, storm, tempest, flood, earthquake, subsidence, heave of site, landslip, bedding down of new structures, demolition or structural repairs, alterations to property, faulty workmanship, use of defective materials, river or coastal erosion, impact, riot, strike, lockout, civil commotion or disturbance, labour disturbances, war, invasion, act of foreign enemy, terrorism, hostilities (whether war be declared or not), civil war, rebellion, coup, insurrection, military or usurped power, ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste, from combustion of nuclear fuel, the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or it’s nuclear component.

1.7 – ACCESS.

1.7.1 BOILERS, other APPLIANCES and APPARATUS, together with all other failed or faulty items should be fully accessible. It is YOUR responsibility to prepare all necessary access and if WE need to make such access, which will be at OUR total discretion, WE will not under any circumstances be liable for it’s subsequent reinstatement.

1.7.2 Where a BOILER is encased within kitchen cupboards and the like, all clearances as stated in the manufacturer’s literature must have been adhered to and WE reserve the right to decline YOUR request to carry out any maintenance or repair to such a BOILER until the provision of such compliant clearances have been provided by YOU and at YOUR expense.

1.7.3 BOILERS, other APPLIANCES and APPARATUS, together with all other failed or faulty items, when sited within lofts should be accessible and suitable safe, clear and unhindered access should be present, together with permanently installed crawling boards and lighting.

1.7.4 WE reserve the right to refuse continuation of service should the conditions note above at Section 1.7.1, Section 1.7.2and Section 1.7.3, or any other conditions pose a breach of health and safety regulations, pose a threat to the safety and wellbeing of OUR operatives or if suitable and compliant access arrangements have not been provided and a FEE of £50.00 may subsequently be levied for the aborted call out.

1.7.5 OUR engineers or appointed contractors will only carry out the requested or necessary works if YOU or YOUR appointed representative (or TENANT in the case of rented properties) is present and able to give an explanation of the problem/s being encountered and any necessary authorities required. WE will not enter YOUR property where no person above the age of 18 is present and a FEE of £50.00 may be charged for the aborted call out.

1.7.6 In the event of an EMERGENCY situation and subject to YOUR chosen level of cover under this AGREEMENT it may be found to be the case that access to the part of YOUR PROPERTY or faulty component thought in OUR opinion to be causing such an EMERGENCY is not readily accessible without the need to cause certain further damage and such access to resolve the EMERGENCY situation may need to be made by our engineer without undue delay, for example if concealed by tiled or laminate floor covering, tiled or timber panelling and the like, these examples not being exhaustive but typical. WE will not create such access until YOU or YOUR nominated representative have confirmed YOUR agreement in writing to OUR engineer or other operative or staff member. The rectification of any damage caused to YOUR property in creating such access, whether subsequently found to be necessary or not will be YOUR responsibility to rectify. If YOU or YOUR representative are not able or present to provide such written authorisation then WE may not be able to resolve the EMERGENCY situation and WE will bear no responsibility for any subsequent damage caused whatsoever under any circumstances unless it can be proven that the cause of such an emergency was as a direct result of past negligence on OUR part.

1.7.7 If, upon arrival by US within one hour either side of the appointed time slot, to attend a previously arranged appointment for any reason, WE are unable to gain access to the property for whatever reason then WE won’t be able to resolve any issues experienced and a further appointment will need to be arranged. This will delay the rectification of any reported issues and may incur a FEE of £50.00 for the wasted visit.

1.7.8 If WE consistently experience problems accessing your PROPERTY either by OUR inability to contact YOU or YOUR TENANT using the contact details provided and shown on the first page of this AGREEMENT or by encountering multiple broken appointments on the part of YOU or YOUR TENANT then WE may cancel this AGREEMENT in accordance with OUR cancellation policy detailed at Section 1.11of this AGREEMENT.

1.8 – REQUESTING OUR SERVICES.

1.8.1 Prior to requesting OUR services please try to ensure that YOU or YOUR TENANT/S are clear that the circumstances which have given rise to the need to contact US are included within YOUR chosen SERVICE LEVEL under this AGREEMENT as should it be found, upon attendance at YOUR PROPERTY that the issue is outside the scope of this AGREEMENT then YOU will be responsible for all costs incurred. Unnecessary expense and possible inconvenience on YOUR part can often be avoided if the person who reports the issue to US is able to offer a comprehensive and clear explanation of the situation encountered, as it is often the case that we can offer help and a resolve to the problem over the phone, thus avoiding the need to visit YOUR PROPERTY.

1.8.2 When requesting OUR services under the terms of this AGREEMENT it will save time inconvenience and possible expense if YOU are able to advise US of any special considerations are likely to be encountered upon arrival at YOUR PROPERTY, for example; if OUR engineer will require ladders, if any road closures are expected, if access is required from a neighbouring property and such like.

1.8.3 Any request from YOU for the provision of service by US under the terms of this AGREEMENT should be made within 24 hours of the occurrence of the situation giving rise to such a request, with the possible and acceptable exception of the occurrence of such issues as detailed in Section 1.2.17of this AGREEMENT.

1.8.4 In the event of a claim WE will either, at OUR sole discretion, arrange for OUR appointed engineer to attend or alternatively instruct OUR appointed engineer to arrange attendance directly with YOU. In all circumstances our appointed engineer will be a suitably qualified employee or sub-contractor of Combi Doctor Ltd, or any suitably qualified service engineer acting on OUR behalf.

1.8.5 In all non EMERGENCY situations during the normal working week WE will use OUR best endeavours to make initial contact to arrange attendance within four (4) hours of YOUR request for service under this AGREEMENT, subject to YOUR reported issue being within the scope of YOUR chosen SERVICE LEVEL and attend at your property within twenty-four (24) hours. This time frame may vary in adverse situations such as times of unusually high demand, Bank Holidays and the like.

1.8.6 When YOU request OUR services, please ensure that WE are made aware of any persons residing at the PROPERTY who may be vulnerable or who have any special needs in order that WE can deal with YOUR request in an appropriate manner and provide a priority response if at all possible.

1.8.7 WE will use all endeavours to attend in a timely manner when requested and to complete all repairs without undue delay, however WE will bear no liability at any time for any expense or consequential loss incurred by YOU for any delay in either attending or completion of works under this AGREEMENT.

1.8.8 Save for the conditions at Section 1.9.3below, WE will not honour the costs incurred by any contractor appointed by YOU unless WE have agreed to this in advance. As such YOU must not instruct another contractor to attend to the situation which has given rise to YOUR need to request OUR services until you have first spoken to US and obtained such approval should WE consider this in OUR sole opinion to be justified.

1.8.9 Should what you consider to be an EMERGENCY situation arise outside normal working hours, please refer to Section 1.9of this document entitled ‘EMERGENCY SITUATIONS‘.

1.9 – EMERGENCY SITUATIONS.

1.9.1 For the definition of what WE classify as an EMERGENCY please refer to OUR definitions at Section 1.1.16of this AGREEMENT. Any requested provision of service from US which can’t be defined in this manner and which is not specifically detailed in Section 1.9.2and Section 1.9.3below will not, under the terms of this AGREEMENT be classified as an EMERGENCY. Prior to requesting OUR services please try to ensure that the circumstances which have given rise to the perceived EMERGENCY are included within YOUR chosen SERVICE LEVEL under this AGREEMENT as should it be found, upon attendance at YOUR PROPERTY that the issue is outside the scope of this AGREEMENT then YOU will be responsible for all costs incurred. The nature and extent of the perceived EMERGENCY must be made clear to US at the time of reporting same in order that WE can deal with YOUR request in an appropriate manner and provide a priority response if at all possible.

1.9.2 GAS LEAKS: In the event that you think you can smell gas then in the first instance this should be immediatelyreported to the National Gas Emergency Service, who can be contacted 24 hours a day, 7 days a week on: 0800 111999. DO NOT light any naked lights or operate any electrical items, including the turning on or off light switches and the like. Ventilate the property straight away and vacate if considered appropriate.Following their attendance and in the event that they see fit to isolate your gas supply please contact us at the first available opportunity whereupon we will respond as a priority during normal working hours, subject to the issue falling within the terms of your AGREEMENT and chosen SERVICE LEVEL.

1.9.3 In the event of a SUBSTANTIAL WATER LEAKAGE between the hours of 10pm and 8am, or where YOU have proof (for example text, e-mail, phone log or similar) that YOU have attempted to report such an occurrence to US, making clear the extent of the EMERGENCY in so doing and WE have failed to respond within one hour then YOU are entitled to call out an independent emergency plumbing contractor to stop such leakage and protect YOUR PROPERTY as they see fit, but not to carry out further rectification or repair works. Subject to such works falling within the terms of YOUR chosen SERVICE LEVEL, any limitations contained in the specific clauses of Section 2of this AGREEMENT, within the limits of the cover included under the terms of this AGREEMENT and upon the production of a valid pre printed invoice from a bona fide professional contractor who (or who’s operative) is suitably qualified for the scope of works necessary during such a visit, then WE will honour their invoice up to the value of £150.00 inclusive of vat.

1.10 – WARRANTIES, SPECIFICATION AND MATERIALS.

1.10.1 Any replacement parts provided and installed, whether by US, our agents or a nominated manufacturer’s appointed engineer will not extend any manufacturer’s warranty already in place on the boiler or any other APPLIANCE or APPARATUS.

1.10.2 If any APPLIANCE or APPARATUS entitled to OUR services under the terms of this AGREEMENT and within YOUR chosen SERVICE LEVEL is covered under any other form of warranty, then it is YOUR responsibility to ensure that any work WE carry out to such APPLIANCE or APPARATUS has no adverse affect over such a warranty.

1.10.3 WE will provide replacement parts or materials with similar or adequate functionality, but not necessarily the same make, features, finishes or appearances as those that they are replacing. For example, subject to YOUR chosen SERVICE LEVEL WE may need to replace a gold finish cistern lever with a chrome one, or again subject to YOUR chosen SERVICE LEVEL, one make of APPLIANCE or APPARATUS with one from a different manufacturer and not necessarily with identical features.

1.10.4 WE will only replace specifically failed or faulty parts, APPLIANCES or APPARATUS, although subject to your chosen SERVICE LEVEL, where taps form a ‘Hot’ and ‘Cold’ pair WE will replace a single faulty tap with a matching pair, however WE will notfor example replace all taps in the bathroom for cosmetic reasons only where only one tap has failed. Additionally and as a further example, again subject to YOUR chosen SERVICE LEVEL, WE will notreplace a matching set, such as, but not limited to; an oven and hob, where only one part of the set has failed.

1.10.5 With the exception of parts which are designed to carry gas or control the delivery of gas, or parts or components necessary to effect the repair of a BOILER or other APPLIANCE, should YOU wish, YOU can provide OUR engineer with parts, APPLIANCES or APPARATUS that YOU have supplied and subject to the sole discretion of OUR engineer and OUR approval that they are fit for the purpose intended, these can be installed by US, subject to YOUR chosen SERVICE LEVEL and the terms contained within this AGREEMENT. No payment or contribution of payment to YOU from US will be made in respect of such items, parts, APPLIANCES or APPARATUS unless specifically included in Section 2of this AGREEMENT.

1.10.6 No warranty of any kind will be offered by US on any such items provided to US as detailed in Section 1.10.5of this AGREEMENT and should a return visit be necessary to attend to any fault or breakdown on such parts, APPLIANCES or APPARATUS then this will be treated as a new request for service from YOU and where YOU have elected to pay a £50.00 CONTRIBUTION as part of this AGREEMENT then payment of this sum will be necessary as detailed in Section 1.5.2of this AGREEMENT prior to OUR re attendance to investigate and rectify the reported issue as appropriate. If upon attendance the reason for the fault or subsequent breakdown is considered in the sole opinion of OUR engineer to have been caused by negligence or poor workmanship on OUR part, or the failure of any sundry item supplied by US as a necessary part of installing such item and the failure has occurred within twelve months of our installing such item, part, APPLIANCE or APPARATUS that YOU have supplied then any CONTRIBUTION made will be refunded within seven (7) WORKING DAYS.

1.10.7 The above clause in Section 1.10.6is applicable regardless of whether WE have made a financial contribution to YOU towards the cost of the item, part APPLIANCE or APPARATUS that YOU have supplied or not.

1.10.8 In the event that a replacement part is supplied and fitted to a BOILER or other APPLIANCE then any warranty offered will apply only to the specific part installed and at OUR sole discretion will be considered null and void if:

Subsequent to the installation of the part WE find evidence that the BOILER or APPLIANCE has been misused or interfered with by others.

An external factor or malfunction of an alternate part, whether covered under this AGREEMENT or not, has caused a subsequent repeat failure of the same part.

Any subsequent failure is considered in OUR sole opinion to have been caused by any excluded situation as outlined in Section 1.2and Section 1.6of this AGREEMENT.

1.10.9 Any BOILER, APPLIANCE or APPARATUS supplied and fitted by US, regardless of the manner in which such item has been paid for, will be guaranteed under the terms of it’s manufacturer’s warranty for a period determined by it’s manufacturer and this will vary from item to item, however details of such warranty will be made available upon the installation of such items.

1.10.10Any replacement parts supplied and fitted to a BOILER or other APPLIANCE will be guaranteed for a period of thirty (30) days, with the exception of circuit boards or any component or assembly containing an electronic circuit board which will carry no warranty should a subsequent failure of such a component be considered in OUR sole opinion to have been caused by the malfunction of a further component not already supplied by US, subject to the terms and conditions outlined elsewhere in this agreement.

1.10.11No warranty of any kind is offered on; light bulbs, fuses, batteries, ancillary or decorative items or any item considered to be of a consumable nature.

1.10.12Any labour or workmanship carried out by US or OUR appointed contractors will be guaranteed for a period of twelve months.

1.10.13If a fault reported by YOU is, upon subsequent investigation by US, considered in the sole opinion of OUR engineer to be a re-occurrence of a fault already repaired by US and falling within the terms of OUR warranty as detailed in this Section of this AGREEMENT and for which a CONTRIBUTION payment was made at the time of the initial reporting of such a repeat incident as detailed in Section 1.5.2, then no further CONTRIBUTION payment will be due from YOU for this subsequent request for service and if such a CONTRIBUTION was already paid by YOU it will be refunded by US within seven WORKING DAYS.

1.10.14In the event that parts are required to carry out or complete any repair WE will use our best endeavours to source original new parts wherever possible. In the event that original new parts are not available in an acceptable time frame WE reserve the right at OUR sole discretion to utilise reconditioned parts either from the original manufacturer or an alternate supplier and the terms of any warranty offered by US will be unaffected unless WE advise you to the contrary.

1.10.15If, after all attempts have been made by US to source any part necessary to rectify any reported fault, such a part has become obsolete or is otherwise no longer available and a suitable alternative can also not be sourced then WE reserve the right to amend or CANCEL and subsequently TERMINATE this AGREEMENT and in such instances where cancelled the terms contained in Section 1.11will be relevant unless either; YOU are eligible, subject to your chosen SERVICE LEVEL under this AGREEMENT, for a replacement BOILER or APPLIANCE or contribution towards a replacement BOILER or APPLIANCE, or YOU choose to purchase and have installed, again subject to YOUR chosen level of cover under this AGREEMENT, at YOUR expense a replacement BOILER or APPLIANCE, noting the terms contained in Section 1.10.5and Section 1.10.6above.

1,11 – CANCELLATION AND TERMINATION.

1.11.1 Should YOU choose to cancel this AGREEMENT within thirty (30) days of the COMMENCEMENT DATE then YOU may and no charges will be incurred and any monies received by US towards this AGREEMENT will be refunded in full and no charges incurred. This thirty (30) day period is inclusive of the statutory fourteen (14) day period WE are obliged to provide under the ‘Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013’, however please also note the terms and conditions detailed in Section 1.11.4below and at Section 1.4.5and Section 1.4.6. YOU may use the form at the end of this document to cancel the service covered by this AGREEMENT if YOU wish or contact US at OUR address as provided elsewhere within this document and if any refund is due to YOU this will normally be paid within seven (7) WORKING DAYS following the TERMINATION of this AGREEMENT.

1.11.2 If, after thirty (30) days have elapsed from the COMMENCEMENT DATE of this AGREEMENT and no request for service to be provided by US under the terms of this AGREEMENT has been made by YOU and WE have not carried out for whatever reason; either an INITIAL INSPECTION and SERVICE, a BOILER SERVICE, a CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed necessary by US then this AGREEMENT can be cancelled by YOU at any time subject to OUR approval by providing US with at least thirty (30) days written notice to the end of the month to which YOUR next payment relates, together with payment of an administration FEE of £35.00, however no refund of payments made will be due from us. If the cost of YOUR AGREEMENT has been paid in full for the whole year then a proportional refund will be made to you based on the full and partial months for which the AGREEMENT has been active, rounded up to the nearest full month – for example, if YOU cancelled after 6.5 months then 5 months of the proportioned year’s AGREEMENT cost would be refunded, less the administration FEE of £35.00 as noted above. Any refund due to YOU will normally be paid within seven (7) WORKING DAYS following the TERMINATION of this AGREEMENT.

1.11.3 If, after thirty (30) days have elapsed from the COMMENCEMENT DATE of this AGREEMENT regardless of whether any request for service has been requested by YOU and subsequently provided by US under the terms of this AGREEMENT and WE have fulfilled OUR obligations regarding the provision of either an INITIAL INSPECTION & SERVICE, a BOILER SERVICE, a CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed necessary by us then as long as YOUR AGREEMENT has reached the end of it’s TERM YOU may cancel by providing US with at least thirty (30) days written notice to the end of the agreed TERM, together with payment of an administration FEE of £35.00. No refund of payments made will be due from us.

1.11.4 If an initial repair was carried out on a discounted basis, subject to YOUR acceptance of a two year service and maintenance AGREEMENT then although the such AGREEMENT can be cancelled within thirty (30) days as in Section 1.11.1above with no costs incurred, the cost of the DISCOUNTED REPAIR will then become payable in full as if the repair had not been discounted in the first place as also detailed in Section 1.4.7 of this AGREEMENT.

1.11.5 If, after thirty (30) days have elapsed from the COMMENCEMENT DATE of this AGREEMENT and OUR services have been relied upon for any reason whatsoever, either in response to YOUR request for service by US under the terms of this AGREEMENT, for the completion of an initial DISCOUNTED REPAIR, for the completion of an INITIAL INSPECTION and SERVICE, a BOILER SERVICE, a CP12 LANDLORD SAFETY INSPECTION or any other inspection/s deemed necessary by US, then should YOU wish to cancel this AGREEMENT at any time during it’s TERM by providing US with at least thirty (30) days written notice to the end of the month to which YOUR next payment relates then no refund will be made in respect of any payments received by US and a charge will be made to YOU and become due and payable upon TERMINATION of this AGREEMENT equivalent to the lesser amount of either:

A: The total of the unpaid instalments up to the end of the agreed TERM, together with a cancellation FEE of £35.00, or: B: The cost, inclusive of all materials, parts supplied, labour charges and VAT of any repairs made and all attendances at YOUR PROPERTY, less the total of monthly payments received by US (or the appropriate portion of the annual payment made in advance as detailed in Section 1.11.2above) and less any CONTRIBUTION payments received from YOU, plus an administration fee of £35.00.

1.11.6 YOUR cancellation or non payment of YOUR Direct Debit instruction alone will NOT BECONSIDEREDas Cancellation of this AGREEMENT and should this occur, Section 1.5.14, Section 1.5.15, Section 1.5.16and Section 1.5.19of this document referring to missed payments will become relevant. YOUR direct debit should only be cancelled when you have received confirmation from US that this AGREEMENT will be TERMINATED following your request for this to be carried out.

1.11.7 Any payments received by US once this AGREEMENT has been cancelled and such cancellation has been confirmed by US will be refunded in full and WE will have no obligation whatsoever to YOU from the date the policy is TERMINATED following it’s cancellation, with the exception of any warranty or guarantee as covered in Section 1.10of this AGREEMENT.

1.11.8 WE can cancel this AGREEMENT at any time by giving YOU at least thirty (30) days written notice, however WE will only do this for a valid reason and in the event that WE cancel this AGREEMENT then no administration FEE will be payable by YOU, however no payments already received from YOU will be refunded. Examples of valid reasons for US to cancel this AGREEMENT are given below, however this list is not exhaustive: Non payment of monthly or annual payments or FEES as set out herein. Lack of co-operation by YOU to provide requested information or documentation. The subjecting of threatening or abusive language and / or behaviour towards OUR operatives by YOU. Where there is no manufacturer’s operation instructions or similar literature available to the user. Where there is no completed ‘Benchmark’ commissioning sheet or other control documentation available or present. Where it is considered that inaccurate or fraudulent information has been given by the customer. When agreed appointments are consistently not cancelled in a timely manner. Where any conditions of this AGREEMENT have been broken by YOU.

1.12 – LIMITATION OF LIABILITY.

• WE shall have no liability for any loss or damage sustained by YOU other than as may arise from OUR negligence or that of OUR servants or agents.

• In the event of personal injury or the death of any person out of or in the course of or caused by the carrying out of works and due to any negligence or any person for whom WE are responsible, any liability in respect of such loss or damage will be limited to such negligence and such as might have been reasonably foreseeable and shall in no circumstances extend to any indirect or consequential loss of any kind including loss of revenue, project or opportunity, wasted expenses or loss of contract or goodwill.

• OUR maximum liability to the YOU (unless arising directly from death or personal injury proven to have caused by negligence on OUR part) shall be determined solely in a court of Law per incident or related incidents.

1.12.4 Although WE will use OUR best endeavours to advise upon the requirement to obtain third party approval for any work undertaken, it is YOUR sole responsibility to verify if any works, either proposed or actually carried out, require or required the consent of any third party (including that of a LANDLORD or the local authority, building control, planning and regulations department etc.) and to obtain such consent, unless it is specifically included that WE will do so on YOUR behalf in any order confirmation/contract issued by US. WE will otherwise make the assumption that any third party consent required has been obtained by YOU and will not be held liable, in any way whatsoever, for any loss, howsoever caused to YOU for failure to obtain any consent found to be required. Furthermore, WE will be fully indemnified for any loss sustained as a result of YOU having failed to obtain such approval.

1.12.5 At no time and under any circumstances will WE be held liable for any consequential loss or damage if considered to have been of a non foreseeable nature.

1.13 – GENERAL

1.13.1 WE reserve the right to take photographs for current or future promotional activities at any stage.

1.13.2 To improve the quality of the service WE are able to offer and for verification purposes all telephone calls may be recorded.

1.13.3 Materials left over as a result of an over order by US, remain OUR property and not YOURS.

1.13.4 WE reserve the right to use any correspondence or completed questionnaires for future promotional use – save for any correspondence considered to be of a personal or confidential nature and all documentation will be treated under the terms of OUR Data Protection policy as detailed at Section 1.14 below.

1.13.5 WE may at any time amend these terms and conditions. Where such change or amendment is of benefit to YOU, WE will implement such change or amendment immediately and notify YOU that the alteration has occurred within thirty (30) days of implementation of same. In all other cases WE will always give YOU at least sixty (60) days notice of the implementation of such amendments and upon receipt of such notification you may exercise YOUR right to cancel this AGREEMENT as detailed in Section 1.11herein.

1.13.6 None of the terms and conditions contained within this AGREEMENT will affect YOUR statutory rights under the ‘Consumer Rights Act 2015’, if applicable, and any laws that replace it. Should YOU want independent advice about YOUR rights you can speak to ‘Citizen’s Advice’ or ‘Trading Standards’.

1.14 – DATA PROTECTION

1.14.1 Any personal information YOU have made available to US will be processed by US in compliance with the provisions of the ‘Data Protection Act 1998’ or any amendments to this Act.

1.14.2 We may share such information, if WE consider it to be of assistance in attending to YOUR needs with OUR associate companies, staff, operatives and contractors, all of whom will treat such data in the manner detailed in Section 1.14.1above. If requested, WE will also disclose such information with Government bodies, regulators, insurers, professional advisors, police forces or lawyers if WE can verify that they are entitled to it. WE may use such information to take legal action if necessary, or respond to it in making OUR case or the defending of it. We may pass necessary information to a third party should WE find the need to enforce any action related to the recovery of a debt from YOU including the selling on of any such debt to another Company.

1.14.3 Should WE decide to transfer the provision of service afforded by this AGREEMENT to another provider under any circumstances WE consider to be appropriate or necessary, including the transfer to an insurer, WE will provide at least 60 days notice of such a transfer and provide YOU with full details of the new provider and any necessary amendments to the terms and conditions contained herein. YOU hereby authorise US to transfer data for the purpose set out above, including data defined as ‘sensitive data’ under the Data Protection Act 1998’ or any amendment to this Act and consent to the new provider being able to offer continuation of service to YOU on the same terms as those contained within this AGREEMENT unless WE notify YOU to the contrary. If at any time YOU wish to withdraw YOUR agreement to this please contact US in writing.

1.14.4 If YOU are providing US with information of any kind, including ‘sensitive data’ as defined under the ‘Data Protection Act 1998’ or any amendment to this Act on behalf of someone else, for example a relative, a member of YOUR household or TENANT/S it is YOUR responsibility to ensure that they have been provided with a copy of these terms and conditions, that they have a full understanding of the content of same and that they have consented to the disclosure of any information provided by YOU to be utilised by US in the manner contained herein.

1.14.5 YOU have the right to request a copy of the information WE hold about YOU, for which WE are entitled to charge a FEE. You may apply for this by contacting US at our address as given at the introduction of this document and YOU may subsequently ask US to correct any mistakes that may be contained within such information if applicable.

1.15 – GOVERNING LAW

1.15.1 These conditions and contract of which they form under this AGREEMENT shall be construed in accordance with English Law and the Buyer hereby submits to the jurisdiction of the English Courts, unless the PROPERTY for which this AGREEMENT relates to is located in Scotland, in which case Scottish Law will apply.

1.15.2 These conditions do not affect YOUR statutory rights.

1.15.3 Any notice served on US by YOU or YOUR nominated representative under these terms and conditions may be served by hand or sent by first class pre-paid post or by e-mail. Notices shall be deemed to have been truly served; if delivered by hand on the next WORKING DAY when left at OUR registered office, or on the next WORKING DAY following receipt of a confirmation transmission report by the sender that an e-mail sent to service@combi.care has been received. When notice has been sent by pre-paid first class post to OUR registered office then such notice will be deemed to have been truly served four (4) WORKING DAYS following it’s posting.

1.15.4 Any notice served on YOU or YOUR nominated representative by US, under these terms and conditions may be served by hand or sent by first class pre-paid post or by e-mail. Notices shall be deemed to have been truly served; if delivered by hand on the next WORKING DAY when left at YOUR address as provided on YOUR initial application and shown on the first page of this AGREEMENT for service under this AGREEMENT or subsequently notified to US, or on the next WORKING DAY following receipt of a confirmation transmission report by the sender that an e-mail sent to the contact address provided by YOU on YOUR initial application for service under this AGREEMENT or subsequently notified to US has been received. When notice has been sent by pre-paid first class post to YOUR address as defined above then such notice will be deemed to have been truly served four (4) WORKING DAYS following it’s posting.

1.16 – COMPLAINTS PROCEDURE

WE always endeavour to provide the best service and products WE possibly can for our customers. However, on rare occasions, WE recognise that there may be times where our customers may not be completely satisfied with the service offered either by US or OUR nominated contractors.

WE take any complaint seriously and to ensure WE are able to put things rights as soon as we can, please read our complaints procedure below and WE will respond promptly in an attempt to ensure complete customer satisfaction.

As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to OUR usual high standards.

In the unlikely event there is anything YOU are not completely satisfied with, please contact US as soon as YOU can in order that WE can rectify any problems as soon as possible. Either call, write or e-mail US, using the contact details at the top of this document. Please note that only correspondence (verbal or written) received from YOU, or YOUR named representative, our having received YOUR prior written permission providing US with authority to communicate with such a representative in advance, will be considered.

WE aim to respond within seven WORKING DAYS of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.

Where WE are unable to resolve YOUR complaint using our own complaints procedure, our nominated contractors, where applicable, may be accredited as ‘Which?’ Trusted Traders and as such will have access to their Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that WE cannot remedy your complaint to YOUR satisfaction and if appropriate then YOU may wish to refer YOUR complaint to them. If YOU wish to do so please contact ‘Which?’ Trusted traders in the first instance on 0333 241 3209. Alternatively, where the cause for complaint falls within the scope of Gas works you can contactthe ‘Gas Safe Register’ and you can access this by visiting www.gassaferegister.co.ukor by calling 0800 4085500.

Should YOUR complaint relate to an on-line purchase then alternatively YOU may wish to visit the European Commission’s on-line dispute resolution platform at: ec.europa.eu/consumers/odr

SECTION 2

TERMS, CONDITIONS, EXCLUSIONS AND LIMITATIONS.

APPLICABLE TO SPECIFIC PLAN LEVELS, SERVICES AND ITEMS.

Section 2.1 – INITIAL INSPECTION & SERVICE

Section 2.2 – ANNUAL APPLIANCE SERVICE

Section 2.3 – ANNUAL CP12 LANDLORD’S GAS SAFETY CERTIFICATE

Section 2.4 – BOILER BREAKDOWN

Section 2.5 – MULTIPOINT GAS WATER HEATERS

Section 2.6 – CENTRAL HEATING SYSTEM

Section 2.7 – BOILER REPLACEMENT

Section 2.8 – GAS PIPE-WORK

Section 2.9 – DOMESTIC HOT & COLD PLUMBING

Section 2.10 – TAPS & TOILETS

Section 2.11 – SHOWERS

Section 2.12 – ELECTRIC PANEL HEATERS

Section 2.13 – DRAINAGE

Section 2.14 – GAS FIRES

Section 2.15 – HOBS, OVENS & COOKERS

2.1 – INITIAL INSPECTION & SERVICE

2.1.1 As detailed in Section 1.4.10of this AGREEMENT, WE will carry out an Initial Inspection and SERVICE on any BOILER, together with the installation as a whole where it has been declared on YOUR application requesting the provision of service under the terms of this AGREEMENT that YOUR BOILER is either aged between 5 and 10 years old and for which no or only a partial service history is available, YOUR boiler is over 10 years old regardless of service history, or if the age of YOUR BOILER is either unknown, not declared or can’t be verified by US from the information provided, such an inspection being carried out within ninety (90) days following the COMMENCEMENT DATE of this AGREEMENT as shown on the first page of this document during which time limitations will apply to the service WE will provide as outlined in Section 1.4.5, Section 1.4.6and Section 1.4.8of this document. If, however, WE have already carried out a SERVICE at YOUR PROPERTY outside the scope of this AGREEMENT within the previous twelve (12) months then and at OUR sole discretion WE may consider such an Initial Inspection unnecessary.

2.1.2 The SERVICE element of this inspection will be carried out in accordance with Section 2.2.2, Section 2.2.3and Section 2.2.4below and any subsequent service will be carried out after twelve (12) months have elapsed, subject to this AGREEMENT not having been cancelled by either party in the meantime.

2.1.3 Following the INITIAL INSPECTION and SERVICE, WE reserve the right to cancel or amend the terms of this AGREEMENT subject to any pre existing faults which WE may detect, as detailed in Section 1.6.2, also noting the content of Section 1.4.2and Section 1.4.3of this document, or to insist that improvements be carried out at YOUR expense as detailed within Section 1.6.20of this AGREEMENT. Should WE or YOU elect to cancel this AGREEMENT following this INITIAL INSPECTION and SERVICE then the terms contained in Section 1.11of this AGREEMENT will apply.

2.1.4 If WE insist on improvements as detailed inSection 2.1.3above, or Section 1.4.10, or at any time during the duration of this AGREEMENT then WE will quote for such work and although YOU are fully entitled to have such work carried out by whoever YOU choose, YOUR chosen contractor must be fully qualified and registered with the appropriate trade body as appropriate. WE must be provided with a copy of the invoice accurately detailing the improvement work which has been carried out and reserve the right to subsequently insist that WE re-inspect such work and/or improvements, for which YOU will be charged a FEE of £50.00. Following such a re-inspection, should WE consider that the improvement/s carried out, in OUR sole opinion, be sub-standard, non compliant or inadequate in any way whatsoever then WE retain the right to cancel or amend the terms of this AGREEMENT as detailed in Section 1.4.2and Section 1.4.3above, or to insist that further improvements be carried out at YOUR expense as detailed within Section 1.6.20of this AGREEMENT. Should WE or YOU elect to cancel this AGREEMENT following this re-inspection then the terms contained in Section 1.11of this AGREEMENT will apply.

2.1.5 The onus to state the age of the boiler will be on YOU and this can be verified by US if necessary under the procedure detailed within Section 2.7of this AGREEMENT.

2.2 – ANNUAL APPLIANCE SERVICE

2.2.1 Within the TERM of this AGREEMENT WE will carry out one (1) annual SERVICE of YOUR central heating BOILER together with any other gas APPLIANCES which are included within YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT and the date of such SERVICE will be determined solely by US and arranged at a time and day mutually convenient unless YOU are able, as part of YOUR application requesting the provision of service under the terms of this AGREEMENT, to provide US with the date of the last SERVICE having been carried out to YOUR BOILER, in which case WE will arrange to carry out this SERVICE within thirty (30) days prior to, or after this date subject to the content of Section 1.4.5of this AGREEMENT.

2.2.2 The annual SERVICE will be a basic SERVICE carried out in accordance with the manufacturer’s prescribed procedure to ensure that the BOILER or other gas APPLIANCES included within YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT are working safely and in accordance with their manufacturer’s tolerances and that they are compliant with all current regulations with regard ventilation and other criteria. The SERVICE will generally comprise of, but may not be limited to; a combustion analysis inspection, the details of which will be recorded, the cleaning of the condensate discharge system if applicable, the general cleaning of specific areas within the BOILER or other gas APPLIANCES which are included within YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, a general safety inspection of the BOILER or other gas APPLIANCES as noted above, together with verification that all necessary ventilation requirements have been adhered to.

2.2.3 WEwill, if requested by YOU during the routine servicing of YOUR central heating BOILER remove and clean any SYSTEM FILTER installed on YOUR heating system on the condition that YOU have immediately available a set of compatible replacement sealing washers.

2.2.4 On the condition that YOUR service manual or separate ‘Benchmark’ documentation is made available to our engineer upon his or her arrival to carry out the annual SERVICE then a record of the SERVICE will be entered onto this document. In any event WE will provide YOU with a document providing details of the SERVICEby e-mail or make such Document available for download by YOU from OUR operating system within seven (7) WORKING DAYS of the SERVICE having been carried out.

2.2.5 Where defects are identified as part of the Annual SERVICE, including the need for a higher level of SERVICE which would involve the replacement of various seals or gaskets, the rectification of which at OUR sole discretion are includedunder the various terms of this AGREEMENT, then such rectification work will be carried out without undue delay, noting the specific contents of Section 1.4.8, Section 1.4.9and Section 1.5.5of this AGREEMENT and the general terms and conditions contained herein.

2.2.6 Where defects are identified by US as part of the Annual SERVICE, including the need for a higher level of SERVICE which would involve the replacement of various seals and gaskets, the rectification of which at OUR sole discretion are excludedunder the various terms of this AGREEMENT, then the specific contents of Section 1.4.11will apply, together with the remaining general terms and conditions contained herein.

2.2.7 Should any defect/s or any other issue/s be identified by US during a routine SERVICE then YOUR failure to adhere to such advice and failure to carry out such upgrades may adversely affect the service WE are able to offer YOU under the terms of this AGREEMENT and may result in OUR refusal to carry out any further work on the affected BOILER or the affected part of YOUR system until such time as the identified repairs or improvements have been carried out as detailed in Section 2.2.5or Section 2.2.6above.

2.2.8 Where WE encounter what, in OUR sole opinion WE consider to be an instance of a situation classified as ‘Immediately Dangerous’ under the terms of the ‘Gas Safety (Installations & Use) Regulations 1998’, then WE reserve the right to isolate and remove from service either the individual APPLIANCE deemed as unsafe or the entire installation as appropriate until such time as the necessary remedial work can be carried out to OUR complete satisfaction. Should such course of action be contested or disallowed by YOU then WE will notify such incident to YOUR gas provider who will isolate the gas supply to YOUR PROPERTY. At no time and under no circumstances will WE be liable for any costs incurred by YOU to YOUR gas supplier for such action or the subsequent re- connection of the gas supply to YOUR PROPERTY.

2.2.9 Prior to YOUR annual SERVICE becoming due WE will contact YOU using the details YOU have provided to US and as shown on the first page of this AGREEMENT or those subsequently provided to US. It is YOUR responsibility to update US with these amended details as and when appropriate should a change of YOUR contact details take place. WE will not be held responsible for any delay, failure to provide an efficient service or any other scenario where YOU have failed to provide US with current and accurate contact information. WE will not be held responsible for any delay incurred where a lack of co-operation by YOU causes a delay in US providing such a SERVICE to YOU and no refund of any kind will be made should such a SERVICE not be carried out during the TERM of this AGREEMENT where we have been unable to make contact with YOU despite having made all reasonable attempts to do so.

2.3 – ANNUAL CP12 LANDLORD’S GAS SAFETY CERTIFICATE

2.3.1 If you are a LANDLORD it is YOUR responsibility in Law to ensure that YOU have a valid Gas Safety Certificate (Known as and referred to elsewhere and herein as a CP12 Document) at all times YOUR PROPERTY is occupied, or about to be occupied, by a TENANT. At no time will WE be held liable for any consequential loss damage or action against YOU of any kind should such certification not be present, unless negligence on OUR part can be proven.

2.3.2 Prior to YOUR Gas Safety Inspection becoming due WE will contact YOUR TENANT using the details YOU have provided to US and as shown on the first page of this AGREEMENT or those subsequently provided to US. It is YOUR responsibility to update US with these amended details as and when appropriate should a change of TENANT, or a change of YOUR TENANT’s contact details take place. WE will not be held responsible for any delay, failure to provide an efficient service or any other scenario where YOU have failed to provide US with current and accurate contact information. YOUR TENANT/S details will be held in accordance with our ‘DATA PROTECTION POLICY’, the details of which are outlined in Section 1.14of this AGREEMENT. WE will not be held responsible for any delay incurred where a lack of co-operation by YOU or YOUR TENANT causes a delay in US providing to YOU a CP12 Gas Safety Certificateand no refund of any kind will be made should such a Gas Safety Inspection not be carried out during the TERM of this AGREEMENT where we have been unable to make contact with YOU despite having made all reasonable attempts to do so.

2.3.3 Included as part of and under the terms of this AGREEMENT, WE will carry out one (1) CP12 Gas Safety Inspection in each twelve (12) month period. In the event that YOU request an additional inspection to be carried out or WE determine, under the terms of this AGREEMENT, that a further inspection be necessary, then a FEE of £50.00 will be charged. The anniversary date of a subsequent future inspection will be a maximum of twelve (12) months from that of the last inspection carried out.

2.3.4 The Gas Safety Inspection will include all fixed and portable gas APPLIANCES owned by YOU, noting the specific exclusions listed in Section 1.2of this AGREEMENT, but not those owned by YOUR TENANT, together with their flues and which are found to be operational and connected to a live gas supply within the PROPERTY at the time of the inspection. Additionally WE will inspect the gas meter and carry out a tightness test and visual inspection of all accessible gas pipe-work contained within the PROPERTY as part of the installation.

2.3.5 Installation of a brand new gas APPLIANCE will not automatically include the provision of a CP12 Document as any brand new gas APPLIANCE need only be included as part of a Gas Safety inspection once twelve (12) months after it’s date of installation and commissioning has elapsed.

2.3.6 This Gas Safety Inspection is for gas safety purposes only to comply with the ‘Gas Safety (Installations & Use) Regulations 1998’. FLUES will be inspected visually and checked for satisfactory evacuation of products of combustion. A detailed internal inspection of the FLUE integrity, construction and lining will not be carried out.

2.3.7 WE will not provide a Gas Safety Certificate for any PROPERTY or APPLIANCES which WE have not inspected or which WE have not been able to gain access to, as defined in Section 1.7of this AGREEMENT and it will be YOUR responsibility to ensure that such access can be gained and the inspection subsequently carried out noting the content of Section 2.3.1 andSection 2.3.3above.

2.3.8 WE will provide a copy of the Gas Safety Certificate to YOU by e-mail or make such Certificate available for download by YOU from OUR operating system within seven (7) WORKING DAYS of the inspection having been carried out and it is YOUR responsibility to ensure that this Certificate is forwarded to YOUR TENANT. YOU must either provide an existing TENANT with this certificate within 28 days of the inspection having been carried out, or, alternatively YOU must provide a prospective TENANT with a copy of this certificate prior to their occupation of YOUR PROPERTY. YOU must retain all records for a period of two (2) years and WE may charge a FEE if copy documentation is requested at any time.

2.3.9 Upon issue by US of the CP12 Gas Safety Certificate, such certificate is valid for twelve (12) months from the date WE carried out the inspection. Should YOU re let YOUR PROPERTY to a new TENANT during this period then the existing certificate will remain valid and may be passed to YOUR new TENANT however YOU are responsible for the disclosure of any personal information which may relate to YOUR outgoing TENANT and which may be contained on the certificate and subsequently made available by YOU to YOUR new TENANT. Upon YOUR written request and payment by YOU of a FEE of £15.00, WE will issue a replacement certificate to YOU with no amendment to the date of issue/expiry or the findings recorded, but containing the revised personal details of YOUR new TENANT, the accuracy of which information being limited to that provided by YOU as part of such request.

2.3.10 Following OUR attendance at and subsequent inspection of YOUR PROPERTY for the purpose outlined in this section of this AGREEMENT and assuming that upon arrival at YOUR PROPERTY a live gas supply is present, WE will issue a Gas Safety Certificate, regardless of OUR findings.

2.3.11 If upon arrival at YOUR PROPERTY a live gas supply is not present, for whatever reason, a FEE of £50.00 will be charged to re attend to subsequently carry out the inspection. Where WE need to obtain credit on a pre-pay utility meter to enable such an inspection to be carried out and where a suitable fob or card is present to enable such a top up to be carried out, then WE will charge YOU a minimum FEE of £20.00 plus the cost of utility credit purchased on YOUR behalf.

2.3.12 Where WE encounter what, in OUR sole opinion WE consider to be an instance of a situation classified as ‘Immediately Dangerous’ under the terms of the ‘Gas Safety (Installations & Use) Regulations 1998’, then WE reserve the right to isolate and remove from service either the individual APPLIANCE deemed as unsafe or the entire installation as appropriate until such time as the necessary remedial work can be carried out to OUR complete satisfaction. Should such course of action be contested or disallowed by YOU or YOUR TENANT then WE will notify such incident to YOUR gas provider who will isolate the gas supply to YOUR PROPERTY. At no time and under no circumstances will WE be liable for any costs incurred by YOU or YOUR TENANT to YOUR gas supplier for such action or the subsequent re-connection of the gas supply to YOUR PROPERTY.

2.3.13 Where defects are identified as part of the Annual Gas Safety Inspection, the rectification of which at OUR sole discretion are includedunder the various terms of this AGREEMENT, then such rectification work will be carried out without undue delay and a revised Gas Safety Certificate will be issued to YOU by US noting the specific contents of Section 1.4.8, Section 1.4.9and Section 1.5.5 of this AGREEMENT and the general terms and conditions contained herein.

2.3.14 Where defects are identified by US as part of the Annual Gas Safety Inspection, the rectification of which at OUR sole discretion are excludedunder the various terms of this AGREEMENT, then the specific contents of Section 1.4.11will apply, together with the remaining general terms and conditions contained herein. There will be no need for a replacement or amended CP12 Document to be issued unless specifically requested by YOU, noting the content of Section 2.3.3above, as the invoice for such remedial works, whether provided by US or by YOUR nominated contractor, subject to OUR approval, will suffice as evidence that any defects identified during the Gas Safety Inspection have been subsequently and adequately addressed and dealt with in a compliant manner.

2.3.15 Further information outlining YOUR responsibilities as a LANDLORD and the Law surrounding Gas Safety may be found at the H.S.E. website (www.hse.gov.uk) or in the ‘Gas Safety (Installations & Use) Regulations 1998’.

2.4 – BOILER BREAKDOWN

2.4.1 We will, subject to the various terms and conditions contained within this AGREEMENT, specifically noting the content ofSection 1.2,Section 1.4,Section 1.6 andSection 1.7 of this document, repair any central heating BOILER which fails during the TERM of this AGREEMENT. This includes all hydraulic, electrical and electronic components and controls contained within the outer casing of the APPLIANCE and the FLUE, subject to the content of Section 2.4.2, Section 2.4.3and Section 2.4.4 below which the BOILER relies upon for it’s operation.

2.4.2 Where a BOILER utilises a balanced FLUE, be it vertical or horizontal in design and any failure of the FLUE not specifically excluded in Section 1.2or Section 1.6of this AGREEMENT results in a failure of the BOILER or presents, in OUR sole opinion a safety risk, then WE will, subject to the various terms and conditions contained within this AGREEMENT, also noting the contents of Section 1.4and Section 1.7 of this document, carry out any repairs or replacement deemed, in OUR sole opinion, to be appropriate. Such repair or replacement will be subject to the FLUE having been installed in a manner compliant with the manufacturer’s published literature, it being compliant with current regulations and it being fully accessible along it’s entire length. The maximum length of any FLUE covered under this agreement must not exceed three (3) metres when measured from it’s exit from the BOILER to it’s external air duct terminal.

2.4.3 Where any balanced FLUE installation exceeds three (3) metres in length when measured from it’s exit from the BOILER to it’s external air duct terminal, then a proportion of the cost of the repair or replacement of the FLUE will be sought from YOU, such CONTRIBUTION being in addition to YOUR voluntary £50.00 CONTRIBUTION which YOU may have elected to pay as part of this AGREEMENT. Additionally, this additional CONTRIBUTION will not be included in the as part of the maximum cost of services provided under the terms of this AGREEMENT as detailed in Section 1.4.8and Section 1.4.9of this AGREEMENT.

2.4.4 Any FLUE terminal sited within two (2) metres of the external ground level must be equipped with a suitable and compliant terminal guard. The clearance of vermin or wildlife from within the FLUE will be excluded under the terms of this AGREEMENT where such FLUE terminal has not been protected by a suitable and compliant terminal guard.

2.4.5 No OPEN FLUE will be repaired or replaced as part of this AGREEMENT as defined at Section 1.1.26or Section 1.2.4.

2.4.6 WE reserve the right to decline the provision of service under the terms of this AGREEMENT where WE suspect that the BOILER has not been originally installed and commissioned by a suitably qualified and registered ‘Gas Safe’ (or ‘Corgi’ if prior to 01/04/2009) installer in full compliance with the guidelines and instructions provided in the accompanying manufacturer’s literature and within 12 months of the date of manufacture of the BOILER and the installation has not been registered with the manufacturer and Local Authority Building Control (if applicable) within one month of the installation date.

2.4.7 WE reserve the right to decline the provision of service under the terms of this AGREEMENT where WE suspect that the BOILER has not been professionally installed and in such circumstances where a ‘Benchmark’ commissioning sheet has not been completed by the installer upon completion of the installation of the BOILER and left with the BOILER for reference purposes to be produced by YOU or YOUR TENANT if requested.

2.4.8 If, since the initial installation of the BOILER, as determined in Section 2.4.6and Section 2.4.7 above, it has been removed and subsequently re fitted, either in the same location or in a different location then this work must have been carried out by a suitably qualified and registered ‘Gas Safe’ (or ‘Corgi’ if prior to 01/04/2009) contractor and documentary evidence in the form of an invoice for the specific work carried out should be available for inspection if required. In the event that WE consider that the BOILER has been removed and subsequently re fitted and in the absence of such evidence that this has been carried out in a compliant manner then WE reserve the right to decline the provision of service under this AGREEMENT.

2.4.9 On each anniversary of the installation and commissioning date of the BOILER, plus or minus 30 days, the boiler should have been serviced in accordance with the manufacturer’s instructions by a ‘Gas Safe’ (or ‘Corgi’ if prior to 01/04/2009) registered contractor. Verification of the service must be made available if requested by production of either the duly completed ‘Benchmark’ service record, the contractor’s service record sheet or their dated invoice for the work carried out. In the absence of such evidence that this has been carried out in a compliant manner, then WE reserve the right to decline the provision of service under this AGREEMENT.

2.4.10 In the event that any BOILER is still covered by it’s manufacturer’s warranty, or for any other reason WE see fit and at OUR sole discretion, then WE reserve the right to allow the manufacturer or their appointed service agent to carry out the repair on our behalf.

2.4.11 If WE consider that in OUR sole opinion a BOILER is beyond economical repair, then WE will recommend that it be replaced. Examples of where WE would consider that a BOILER may be beyond economical repair include but are not limited to:  Where parts considered necessary to carry out a satisfactory repair of a reported problem are obsolete and no longer available.  Where the cost of such a single repair taking into account the cost of materials, labour and vat is 50% or greater than the cost of a replacement BOILER of similar capacity and type.  If WE estimate that the cost of repairs already carried out and now found to be necessary during the TERM of this AGREEMENT will exceed the set maximum annual limit as defined in Section 1.4.9 herein.

2.4.12 Further to the content of Section 2.4.11above and subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, WE may offer YOU a replacement BOILER, or a contribution towards the cost of a replacement BOILER and the terms and conditions of such are outlined in Section 2.7of this document.

2.5 – MULTIPOINT GAS WATER HEATERS

2.5.1 Where a Natural Gas fuelled Multipoint water heater is installed at YOUR PROPERTY then WE will SERVICE, repair and maintain this in the same manner as if it were a central heating BOILER as detailed in the entirety of Section 2.4above (excluding Section 2.4.12), subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT.

2.5.2 In the event that YOU have chosen cover as defined in OUR SERVICE LEVEL ONE (1), then the provision of service offered under the terms of this AGREEMENT will be limited to either one central heating BOILER or one (1) Multipoint water heater, the BOILER taking precedence unless YOU notify US to the contrary at the commencement of this AGREEMENT.

2.5.3 In the event that a Multipoint water heater is considered to be beyond economical repair, as detailed in Section 2.4.11above, then Section 2.4.12,Section 2.7.1and Section 2.7.2will notapply, as the replacement of such an APPLIANCE is not included under the terms of this AGREEMENT regardless of YOUR chosen SERVICE LEVEL.

2.6 –CENTRAL HEATING SYSTEM

2.6.1 WE willrepair or replace, at OUR absolute and sole discretion, any part of the central heating installation within YOUR HOME, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT which develops a fault or leakage of water. Examples of such parts of YOUR central heating installation to which this section applies include, but are not limited to; the water pipe-work between the BOILER and all the radiators within YOUR HOME, the water pipe-work between the BOILER and any cold water expansion tanks installed as part of the central heating system, any cold water expansion tanks or cisterns, together with their fill valves and overflow pipe-work, the water pipe-work between the BOILER and any external controls or APPARATUS as defined below, the water pipe-work between the BOILER, any external controls or APPARATUS and any hot water storage cylinders, be they atmospheric or unvented and pressurised, any expansion vessels or ancillary parts of an unvented or pressurised central heating system, the radiators, subject to the contents of Section 1.2.8,Section 1.6.2and Section 2.6.2below of this AGREEMENT, the valves which control and isolate the radiators, any pumps, electric valves, thermostats, controls, noting the specific exclusions in Section 1.2.27of this AGREEMENT, together with the electrical installation which controls the functionality of YOUR central heating system.

2.6.2 No repair, maintenance or replacement to any APPLIANCE, COMPONENT or APPARATUS will be carried out as part of this AGREEMENT if it is considered in OUR sole opinion that the cause of such failure or malfunction is the presence of LIMESCALE, SLUDGE, or other debris within YOUR heating system. WE may recommend a POWER-FLUSH and/or the provision of a SYSTEM FILTER in an attempt to clear such debris or obstructions, however the cost of these will need to be borne in full by YOU and a quotation for same will be provided should this be considered necessary, the terms of Section 1.4.11of this AGREEMENT also being applicable in this instance. Failure to carry out such work if recommended may invalidate or adversely affect this AGREEMENT.

2.6.3 Please refer to Section 1.2of this agreement for details of any specific exclusions relating to this section of this AGREEMENT, together with Section 1.6which covers general exclusions and Section 1.7 relating to access.

2.6.4 In the event that the central heating system at YOUR property has totally failed and that such a failure falls within the scope of the terms and conditions contained within this AGREEMENT and YOUR chosen SERVICE LEVEL, then WE will, at OUR absolute and sole discretion and subject to availability use OUR best endeavours to provide on a loan basis some form of basic portable electric heater or heaters. Such heaters will be provided on the basis that YOU are totally responsible for their safe use. WE will at no time bear any responsibility for any loss, injury or consequential damage caused by the misuse of such heater/s and WE will bear no cost or make any contribution to the cost of any electric consumed by such heaters whatsoever. Should the heater/s not be promptly returned to US immediately upon the rectification of the issue which gave rise to the failure of YOUR central heating system, then a FEE may be charged to cover the cost of OUR collection of the heater/s or the cost of their reinstatement.

2.6.4 Subject to your chosen SERVICE LEVEL under the terms of this AGREEMENT, WE willreplace central heating radiators if faulty or leaking, subject to Section 1.2.8of this AGREEMENT, however this clause will notextend to any radiator which has failed or developed a leak as a result, in OUR sole opinion due to the build up of sludge or contamination of a similar nature within the radiator, which is suffering from uneven heat or cold spots caused as a result of sludge or water contamination within the radiator, or corrosion.

2.6.5 Subject to your chosen SERVICE LEVEL under the terms of this AGREEMENT, WE will notattend at YOUR HOME where the central heating system is operational but the radiators are of differing temperatures and the ‘balancing’ of the heating system is necessary, unless WE have, in the thirty (30) days prior to YOUR reporting of such an issue had the need to drain down and subsequently re fill YOUR central heating system.

2.6.6 In the event that WE need to drain down the water content of the central heating installation within YOUR HOME and WE find that no suitable drain point is present or evident then WE reserve the right todecline the provision of service under the terms of this AGREEMENT until such time as YOU have agreed to provide, at YOUR expense, suitable means of draining down the central heating installation.

2.6.7 In the event that WE need to remove and subsequently replace any water carrying component or APPARATUS which forms part of the central heating system within YOUR HOME and WE find that no suitable service or isolation valves are present or evident to isolate the system water supply from such a component or APPARATUS then WE reserve the right todecline the provision of service under the terms of this AGREEMENT until such time as YOU have agreed to provide, at YOUR expense, suitable means of water isolation to the affected component or APPARATUS.

2.6.8 The introduction or addition to YOUR central heating system of any chemical treatment or inhibitor is excluded under the terms of this AGREEMENT unless required following the need for US to drain down and subsequently re fill YOUR central heating system.

2.6.9 WE will notrepair or replace any part of the central heating installation within YOUR HOME which has suffered damage as a result of freezing where reasonable levels of care have not been taken to prevent the occurrence of such freezing by ensuring that suitable insulation has been provided.

2.6.10 If WE find that leakage from any section of pipe-work or APPARATUS has occurred and it is considered likely, in OUR sole opinion, that a contribution to such leakage has been made by the inadequate supporting of the faulty section of pipe-work or APPARATUS such as but not limited to a poorly fixed central heating radiator, then WE reserve the right to decline the provision of service under the terms of this AGREEMENT until such time as YOU have agreed to provide, at YOUR expense, adequate support to the defined section of pipe-work, APPARATUS, or in the case of the example provided above, the radiator, which must be securely fixed to the wall surface.

2.6.11 Noise caused, in OUR sole opinion, by the expansion and contraction of pipes will notbe rectified under this AGREEMENT regardless of YOUR chosen SERVICE LEVEL.

2.6.12 Regardless of your chosen SERVICE LEVEL under the terms of this AGREEMENT WE will not repair or replace steel or iron pipe-work or any fittings attached to such pipe-work. Any such pipe- work will, most likely, need to be replaced with copper or plastic pipe-work and this will be considered to be an improvement or upgrade as detailed in Section 1.2.18of this AGREEMENT.

2.6.13 WE will not, under the terms of this AGREEMENT or any SERVICE LEVEL WE offer include for the rectification of any consequential damage caused to the electrical installation within YOUR PROPERTY caused by the failure of any electrical control system or component which forms part of the central heating system within YOUR PROPERTY.

2.7 – BOILER REPLACEMANT

2.7.1 If WE in OUR sole opinion consider YOUR central heating BOILER to be beyond economical repair as detailed in Section 2.4.11 above, then WE willreplace the boiler with one of a similar standard, type and capacity, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, specifically noting the conditions set out in Section 1.4.8and Section 1.4.9and subject to the age of the BOILER being less than five (5) years old at the time of failure as determined by the procedure set out within Section 2.7.5below. WE will not cover any cost in this instance where YOU choose to have a new BOILER installed by a third party.

2.7.2 Following on from Section 2.7.1above, if YOUR BOILER is determined to be between five (5) and ten (10) years old at the time of failure as determined by the procedure set out within Section 2.7.5 below, then, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, specifically noting the conditions set out in Section 1.4.8and Section 1.4.9, then we will make a CONTRIBUTION to YOU of £500.00 inclusive of vat towards the cost of any materials and labour necessary to carry out it’s replacement. Please refer to Section 1.4.11of this AGREEMENT which is applicable in this instance.

2.7.3 Any boiler in excess of ten (10) years old at the time of failure as determined by the procedure set out in Section 2.7.5below will not qualify to be replaced and no contribution will be made to its replacement regardless of YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT.

2.7.4 Where YOU have elected to pay a £50.00 CONTRIBUTION as part of this AGREEMENT then this CONTRIBUTION will become payable at the time you request OUR services as detailed in Section 1.5.2and such a CONTRIBUTION will be in respect of our attendance at YOUR PROPERTY to diagnose any problem reported with regard to YOUR BOILER. Any subsequent action considered appropriate as detailed in Section 2.7.1,Section 2.7.2 or Section 2.7.3above will be a follow on from this and if considered necessary the provision (or not) of either a replacement BOILER or a CONTRIBUTION from US towards the cost of a replacement BOILER or will not entitle YOU to a refund of YOUR CONTRIBUTION.

2.7.5 The age of the BOILER will be determined as follows: The date of installation (and therefore the date of commencement of the manufacturer’s warranty period) will be taken as the date shown on the ‘Benchmark’ commissioning sheet which should accompany the BOILER. In the absence of such verification the date (less 7 days) of the installer’s invoice for the installation of the BOILER will be taken as the installation date unless said invoice explicitly states the installation and/or commissioning date in which case this will take precedence. Should this also not be available then the date of the purchase invoice for the BOILER itself will be assumed as the installation date and in the absence of all the above verification then the date of manufacture will be taken as the date of installation and this can be determined from the BOILER’S data plate. Please refer to Section 1.4.14in the event that YOUR BOILER does not carry a manufacturer’s data plate.

2.7.6 Any replacement BOILER installed as detailed in Section 2.7.1above will be fixed in the same location as that existing. Should YOU wish it to be positioned elsewhere in the property then this will be considered as an upgrade and the additional work incurred will be chargeable as detailed within Section 1.2.18of this AGREEMENT.

2.7.7 WE cannot guarantee that a replacement BOILER as provided within Section 2.7.1of this AGREEMENT will be exactly the same size as that existing and WE can therefore not be held responsible for the reinstatement of tiling, wall plastering, non essential brickwork, fitted furniture, shelving or any other joinery which may become affected by the replacement. Additionally WE will not be liable for the reinstatement of any disturbed cosmetic encasement to pipe-work.

2.7.8 Where the use of external brick-work is necessary to replace a BOILER as detailed in Section 2.7.1 above and essential as part of the replacement of the boiler, WE will endeavour to match any bricks used as closely as possible however an exact match in terms of brick type, colour, shade or size cannot be guaranteed.

2.7.9 The replacement of any BOILER as detailed at Section 2.7.1is limited to the boiler and it’s FLUE. Where any balanced FLUE installation necessary exceeds three (3) metres in length when measured from it’s exit from the BOILER to it’s external air duct terminal, or when the FLUE arrangement is of a complex design then a proportion of the cost of the replacement of the FLUE will be sought from YOU.

2.7.10 The replacement of any BOILER as detailed at Section 2.7.1is limited to the boiler and it’s FLUE. No external controls will be replaced and if such controls are necessary in order to be compatible with the replacement BOILER then these will be considered as an upgrade in accordance with Section 1.2.18of this AGREEMENT.

2.7.11 In the event that WE replace YOUR boiler as detailed in Section 2.7.1above within the initial twelve (12) month TERM of this AGREEMENT then the TERM of this AGREEMENT will be automatically extended to twenty-four (24) months from its COMMENCEMENT DATE and any subsequent request to cancel the AGREEMENT must be conducted within the procedures as detailed within Section 1.11 herein.

2.8 – GAS PIPE-WORK

2.8.1 In the event of a suspected Gas Escapeplease first refer to the Section 1.9within this document entitled Emergency Situationsand ensure that the precautions noted therein are strictly adhered to.

2.8.2 Where included within your chosen SERVICE LEVEL and under the terms of this AGREEMENT WE will trace and repair any gas leak on copper or ‘Tracpipe’ pipe-work or associated fittings found internally withinYOUR property, or externally, having first noted the conditions detailed at Section 1.2.10and Section 1.6.16of this AGREEMENT and whereupon having located the source of such a leak it can be established that YOU are responsible for the upkeep of the affected pipe-work. WE will not repair a leak to a Gas Meter or any part of the installation which is the responsibility of the Network Gas Provider or any third party or neighbouring PROPERTY unless such a PROPERTY is also owned by YOU and covered under a separate AGREEMENT with US.

2.8.3 Regardless of your chosen SERVICE LEVEL under the terms of this AGREEMENT WE will not repair or replace steel (unless ‘Tracpipe’ or similar which we willrepair or replace), lead or iron gas pipe- work or any fittings attached to such pipe-work. Any such pipe-work will, most likely, need to be replaced with copper pipe-work and this will be considered to be an improvement or upgrade as detailed in Section 1.2.18of this AGREEMENT.

2.8.4 Please refer to Section 1.6.4with regard to accidental damage, Section 1.6.7with regard to reinstatement and Section 1.7.6with regard to access, all of which are also relevant to this Section of these terms and conditions.

2.9 – DOMESTIC HOT & COLD PLUMBING

2.9.1 WE willrepair or replace, at OUR absolute and sole discretion, any part of the hot or cold water plumbing installation within YOUR HOME, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT which develops a fault or leakage of water. Examples of such parts of YOUR hot and cold water plumbing installation include, but are not limited to; the water supply pipe- work between the main internal water isolating stop tap and all tap outlets and showers within YOUR HOME, the water supply pipe-work between the main internal water isolating stop tap and all cold water storage or expansion tanks and cisterns within YOUR HOME, the water supply pipe-work between the main internal water isolating stop tap and YOUR central heating BOILER, any cold water storage tanks or cisterns, together with their fill valves and overflow pipe-work, any hot water storage cylinders, be they atmospheric or unvented and pressurised, any expansion vessels or ancillary parts of an unvented or pressurised hot water storage cylinder, any pipe-work connecting or serving as an expansion pipe between cold water storage or expansion tanks and hot water storage cylinders and any pipe-work connecting a hot water storage cylinders or YOUR central heating BOILER to all hot water tap outlets within YOUR HOME.

2.9.2 Please refer to Section 1.2of this agreement for details of any specific exclusions relating to this section of this AGREEMENT, together with Section 1.6which covers general exclusions and Section 1.7 relating to access.

2.9.3 In the event that WE need to drain down the water content of the domestic hot or cold water plumbing installation within YOUR HOME and WE find that no suitable drain point is present or evident then WE reserve the right todecline the provision of service under the terms of this AGREEMENT until such time as YOU have agreed to provide, at YOUR expense, suitable means of draining down the plumbing installation.

2.9.4 WE willrepair or replace faulty or failed hoses which supply hot or cold water to a domestic APPLIANCE, examples being but not limited to a washing machine or a dishwasher, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, however the APPLIANCE itself will not be included for service, maintenance or repair under any SERVICE LEVEL WE provide.

2.9.5 Please refer to Section 1.2.19as WE will notcarry out any repair or replacement of any part of the hot or cold water plumbing installation in YOUR HOME which, in OUR sole opinion, has failed or become faulty as a result of the build up of LIMESCALE or any other form of blockage which may be present in YOUR water supply.

2.9.6 WE will notrepair or replace any part of the hot or cold water plumbing installation within YOUR HOME which has suffered damage as a result of freezing where reasonable levels of care have not been taken to prevent the occurrence of such freezing by ensuring that suitable insulation has been provided.

2.9.7 If WE find that leakage from any section of pipe-work or APPARATUS has occurred and it is considered likely, in OUR sole opinion, that a contribution to such leakage has been made by the inadequate supporting of the faulty section of pipe-work or such APPARATUS, then WE reserve the right to decline the provision of service under the terms of this AGREEMENT until such time as YOU have agreed to provide, at YOUR expense, adequate support to the defined section of pipe-work or APPARATUS.

2.9.8 Noise caused, in OUR sole opinion, by the expansion and contraction of pipes will notbe rectified under this AGREEMENT regardless of YOUR chosen SERVICE LEVEL.

2.9.9 The limit of service which WE will provide to rectify noise caused, in OUR sole opinion, by water hammer within pipes will be limited to the replacement of any suspected faulty fill valves, the adjustment of water flow rates by the opening or closing of stop taps or other service valves or the securing of any pipe-work which is immediately accessible only.

2.9.10 Regardless of your chosen SERVICE LEVEL under the terms of this AGREEMENT WE will not repair or replace steel or lead pipe-work or any fittings attached to such pipe-work. Any such pipe- work will, most likely, need to be replaced with copper or plastic pipe-work and this will be considered to be an improvement or upgrade as detailed in Section 1.2.18of this AGREEMENT.

2.9.11 WE willrepair or replace a failed or faulty electric immersion heater element, subject to the limitations detailed in Section 2.9.12below, within either an atmospheric or unvented hot water storage cylinder together with any thermostat or control directly affixed to and forming an integral part of such APPARATUS, however any control, thermostat or APPARATUS which is detached from such a hot water storage cylinder and connected to it by a flex or cable is excluded from this AGREEMENT under any SERVICE LEVEL WE offer.

2.9.12 Where, in the sole opinion of OUR operative, the removal and subsequent refitting of an electric immersion heater element, or any other component to either an atmospheric or unvented hot water storage cylinder carries a significant risk of damage to such APPARATUS, WE reserve the right to decline provision of OUR service in this regard until such time as YOUR written confirmation has been received confirming that WE will not be held liable for any consequential damage should such damage subsequently be sustained to the affected APPARATUS.

2.9.13 WE will not, under the terms of this AGREEMENT or any SERVICE LEVEL WE offer include for the rectification of any consequential damage caused to the electrical installation within YOUR PROPERTY caused by the failure of an electric immersion heater element or any electrical APPARATUS as defined in Section 2.9.11above.

2.10 – TAPS & TOILETS

2.10.1 Where possible, subject to YOUR chosen SERVICE LEVEL, WE will repair rather than replace failed or faulty taps on kitchen sinks and bathroom sanitary ware rather than replace them, regardless of whether they be of a standard screw down type or are of a type containing ceramic discs, however if it is considered that, in the sole opinion of OUR operative, such a repair will not provide an effective solution to the problem encountered then WE will replace the failed or faulty item, subject to Section 2.10.2below.

2.10.2 Subject to your chosen SERVICE LEVEL, where taps form a ‘Hot’ and ‘Cold’ pair WE will replace a single failed or faulty tap with a matching pair, however WE will notreplace all taps in the bathroom for cosmetic reasons only where only one tap has failed.

2.10.3 Where necessary and subject to YOUR chosen SERVICE LEVEL, when WE replace any failed or faulty tap/s WE will provide replacement items with similar or adequate functionality, but not necessarily the same make, features, finishes or appearances as those that they are replacing. For example, WE may need to replace gold finish taps with chrome ones, or one make or style of tap with one from a different manufacturer and not necessarily with identical design or cosmetic features.

2.10.4 Where a tap which has failed and which WE have agreed to replace contains a thermostatic temperature limiting cartridge, then WE may elect to replace such a tap with a conventional tap but to add a remote thermostatic blending valve to the water supplies feeding that tap.

2.10.5 Where, in the sole opinion of OUR operative, the removal and subsequent refitting of one or more tap/s to a piece of ceramic sanitary ware carries a significant risk of damage to such sanitary ware, WE reserve the right to decline provision of OUR service in this regard until such time as YOUR written confirmation has been received confirming that WE will not be held liable for any consequential damage should such damage subsequently be sustained to the affected piece of sanitary ware.

2.10.6 In the event that a bath tap requires replacement, or that any access is required below a bath to effect such a repair, them WE reserve the right to decline provision of OUR service in this regard until such time as YOU have prepared all necessary access. If WE need to provide such access, which will be at OUR total discretion, WE will not under any circumstances be liable for it’s subsequent reinstatement, this with regard to, but not limited to, bath panels and such like.

2.10.7 Under no circumstances will WE remove any bath or piece of sanitary ware in the event that access to replace taps or any other item which qualifies for repair, service or maintenance, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT cannot effectively be accessed, removed or worked upon without the need to first remove such a bath or piece of sanitary ware. Should such a situation be encountered then this will be considered to be an example of poor design, poor installation or incorrect specification as detailed in Section 1.6.6of this AGREEMENT.

2.10.8 Where a tap fixed to a bath rim also contains a combined shower then WE will classify this as a tap and the previous contents of this section will apply. Where any shower forms a separate unit, be it of a hydraulic valve type or an electrically heated design, then any repair, service or maintenance of such a shower will notbe covered under the terms of this AGREEMENT.

2.10.9 Please refer to Section 1.2.25of this AGREEMENT which details other specific exclusions which are relevant to this section.

2.10.10Where WE find that a toilet will not flush or is constantly filling as a result of a failure of it’s flushing or filling mechanism then WE will, at OUR sole discretion, repair or replace the faulty part or parts of the mechanism. WE will notrectify any failure of the toilet to effectively flush where it is found that the effluent drainage from the toilet is not adequately falling in a downward direction away from the toilet and should such circumstances be encountered then this will be considered to be an example of poor design, poor installation or incorrect specification as detailed in Section 1.6.6of this AGREEMENT.

2.10.11Where, in the sole opinion of OUR operative, the removal and subsequent refitting of any component to a piece of ceramic sanitary ware carries a significant risk of damage to such sanitary ware, WE reserve the right to decline provision of OUR service in this regard until such time as YOUR written confirmation has been received confirming that WE will not be held liable for any consequential damage should such damage subsequently be sustained to the affected piece of sanitary ware. Likewise, should WE find the need to remove a toilet cistern or similar piece of sanitary ware to carry out any necessary repair or replacement of any component within such a cistern or piece of sanitary ware, and WE find the cistern or piece of sanitary ware has been glued or fixed to a wall surface by any means other than that in which was intended as part of it’s design, then WE again reserve the right to decline provision of OUR services in the manner detailed above.

2.10.12Where any item of sanitary ware is found to be leaking and such a leak, in OUR sole opinion, has been caused as a direct result of the piece of sanitary ware not being rigidly fixed or correctly installed, then WE reserve the right to decline provision of OUR services until such time as the affected piece of sanitary ware has been rigidly fixed or correctly installed in the manner in which it was designed. Examples of such being, but not limited to; wash basins which are not securely fixed to a wall surface, toilet pans which are not securely fixed to the floor surface or which are fixed to a floor surface which itself is not rigid or which has perished as a result of water ingress.

2.10.13External water taps which are securely fixed directly to the external wall surface of YOUR HOME will be covered under the terms of this AGREEMENT in the same manner detailed in Section 2.10.1 above, however WE will not repair or replace an external tap which has suffered damage as a result of freezing where reasonable levels of care have not been taken to prevent the occurrence of such freezing. Examples of such prevention being but not limited to; ensuring suitable insulation is provided around the tap and it’s connecting pipe-work or failing to isolate and drain the water supply to the external tap when adversely cold weather is forecast and the provision exists within the PROPERTY to do so.

2.10.14Any water isolating tap which isolates the supply to a domestic APPLIANCE, examples being but not limited to a washing machine or a dishwasher, will be covered under this AGREEMENT, subject to YOUR chosen SERVICE LEVEL, however the APPLIANCE itself will not be included for service, maintenance or repair under any SERVICE LEVEL WE provide.

2.10.15Please refer to Section 1.2.19as WE will not carry out any repair or replacement of any tap or toilet filling mechanism which, in OUR sole opinion, has failed or become faulty as a result of the build up of LIMESCALE which may be present in YOUR water supply.

2.10.16WE will repair or replace the main water stop tap within YOUR HOME, subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT and subject to the conditions as defined in Section 1.6.11and Section 1.7.1herein, however WEwill notservice, maintain, repair or rectify any issues with regard to external stop taps, whether on or off YOUR PROPERTY, or any water meters which contain integral stop taps.

2.11 – SHOWERS

2.12 – ELECTRIC PANEL HEATERS

2.13 – DRAINAGE

2.13.1 Subject to YOUR chosen SERVICE LEVEL under the terms of this AGREEMENT, WE willattend to the repair and maintenance of blocked or leaking waste water and effluent pipe-work and other such drainage pipe-work and associated components, such as but not limited to waste traps and the like within YOUR PROPERTY which are not specifically excluded in Section 1.2of this AGREEMENT. Additionally WE will attend to similar issues where the affected pipe-work is sited externally, subject to the terms contained specifically within Section 1.6.16and elsewhere within this AGREEMENT.

2.13.2 WE will, at OUR sole discretion, replace any waste water pipe-work which we are unable to repair or unblock, noting the terms contained in Section 1.6.7with regard to reinstatement, Section 1.7.1and Section 1.7.6with regard to access and Section 2.13.9with regard to the upgrading of materials, all of which are relevant to this section.

2.13.3 WE will not as part of any SERVICE LEVEL offered under the terms of this AGREEMENT, attend to any issues where drainage is shared with a neighbouring property or the responsibility of a third party, unless such a PROPERTY is also owned by YOU and covered under a separate AGREEMENT with US.

2.13.4 WE will not attend to defrost any frozen waste water pipes where no permanent blockage is present and no water leakage has been caused by the freezing of the water they contain. Any request for the provision of service under this AGREEMENT may be charged to YOU should, upon arrival at YOUR PROPERTY, no fault be found other than the need to defrost such pipes.

2.13.5 The repair, maintenance or replacement of waste water pipes which are attached to domestic APPLIANCES, such as but not limited to, washing machines, dishwashers and such like are not included as part of any SERVICE LEVEL WE offer under the terms of this AGREEMENT.

2.13.6 The repair, maintenance or replacement of any rainwater guttering, downpipes or associated components are not included as part of any SERVICE LEVEL WE offer under the terms of this AGREEMENT.

2.13.7 The de-scaling or cleaning of any drainage pipe-work, waste water traps or associated components which are not blocked or otherwise faulty will not be carried out as part of any SERVICE LEVEL WE offer under the terms of this AGREEMENT.

2.13.8 WE reserve the right to charge for any instance where it can be proven by US that the blockage of any drain or waste water pipe has been caused intentionally, or as a direct result of inappropriate materials and/or substances having been passed into such drain or waste water pipes or where misuse is apparent and evident.

2.13.9 Regardless of your chosen SERVICE LEVEL under the terms of this AGREEMENT WE will not repair or replace steel, lead or iron waste water pipe-work or any fittings attached to such pipe-work. Any such pipe-work will, most likely, need to be replaced with plastic pipe-work and this will be considered to be an improvement or upgrade as detailed in Section 1.2.18of this AGREEMENT.

2.13.10WE will replace waste water fitments to sanitary ware, however where, in the sole opinion of OUR operative, the removal and subsequent refitting of such a component to a piece of ceramic sanitary ware carries a significant risk of damage to such sanitary ware, WE reserve the right to decline provision of OUR service in this regard until such time as YOUR written confirmation has been received confirming that WE will not be held liable for any consequential damage should such damage subsequently be sustained to the affected piece of sanitary ware.

2.14 – GAS FIRES

2.15 – HOBS, OVENS & COOKER

Updated: 04/08/2019 PLEASE NOTE THAT THESE TERMS ARE INCOMPLETE.

Combi Care Maintenance LTD

Unit 114 Golborne Enterprise Park Warrington Cheshire WA3 3GR

Phone: 01942 538 211

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Privacy Policy

This policy explains what personal information Combi Care Maintenance Ltd collects through this website, why, and what we do with it. We have written it to describe what actually happens rather than to cover every eventuality.

Who we are

Combi Care Maintenance Ltd is the data controller for the information described here. Our contact details are at the bottom of every page of this website.

What we collect, and when

If you use the quote calculator, we record whether you are a homeowner or a landlord, your postcode, the type and approximate age of your boiler, the kind of property, the cover level and billing option you chose, your phone number, and anything you type into the optional message box.

We deliberately do not ask for your name or email address at this stage. GoCardless asks for those on the Direct Debit page, so asking first would mean typing them twice.

If you complete a Direct Debit, GoCardless collects your name, email address, billing address and bank details on their own secure page. We never see your bank details. Once the mandate is set up we read your name and email address back from GoCardless so we can contact you about your cover, and we record the reference numbers for your customer record and mandate.

If you use the contact or callback form, we record your name, email address, phone number and your message.

If you simply browse, see the Website analytics section below.

Why we use it, and our lawful basis

To answer your enquiry and set up your cover — necessary to take steps at your request before entering a contract, and afterwards to perform that contract.
To keep records of the work we do — necessary for our legal obligations, including gas safety records.
To understand how the website performs — our legitimate interests, using information that does not identify you.

We do not send marketing email unless you have asked us to, and we never sell your information.

Who we share it with

We share information only with the suppliers who make the service work, and only with what they need:

GoCardless — to set up and manage your Direct Debit.
Our hosting and email provider — who host this website and carry our email.
Anthropic — when we generate marketing suggestions from our own traffic figures, we send only aggregate statistics such as total pageviews and which pages were popular. No personal information is ever included.

We may also disclose information where the law requires it. We do not sell or rent your information to anybody.

Website analytics

We measure how this website is used with our own analytics, running on our own server. We do not use Google Analytics or any other third-party analytics service, and analytics data about your visit is not sent to anyone else.

For each page viewed we record the address of the page, the website or search engine you arrived from if there was one, any campaign tags in the link you followed, whether you are on a desktop computer, mobile or tablet, the date and time, and whether the quote form was started or completed.

We also record a visitor reference, so that one person viewing five pages counts as one visitor rather than five. It is produced by combining your IP address, your browser’s user-agent string, the current date and a secret value held on our server, then passing them through a one-way cryptographic hash. The result cannot be turned back into your IP address, and because the date forms part of it, it changes every day — so it cannot recognise you on a later visit or build a picture of you over time.

To be explicit: we do not store your IP address; we do not record your location, city or country; we set no cookie for analytics; we do not attempt to identify you; and we do not use any of it for advertising.

If your browser sends a “Do Not Track” signal, our analytics does not run at all and nothing about your visit is recorded. Analytics records are automatically deleted after 24 months.

How long we keep things

Quote enquiries that go nowhere — up to 12 months, then deleted.
Customer and cover records — for the life of your cover and then 7 years, for accounting, insurance and gas safety purposes.
Contact form messages — up to 24 months.
Analytics — 24 months, deleted automatically.

Keeping it secure

The website is served over HTTPS. Administrator passwords are stored only as bcrypt hashes, never as text, and repeated failed sign-in attempts are locked out. Card and bank details are handled entirely by GoCardless and never reach our systems.

Your rights

Under UK data protection law you can ask us for a copy of the information we hold about you, ask us to correct it, ask us to delete it or restrict how we use it, object to certain uses, and ask for it in a portable format. Email us and we will respond within one month.

If you are unhappy with how we have handled your information, you can complain to the Information Commissioner’s Office at ico.org.uk.

Changes

If we change how the website handles personal information, we will update this policy.

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Legal

Cookie Policy

The one cookie we set

Analytics without cookies

What we do not use

Direct Debit sign-up

Managing cookies

Questions

Website Terms

Who runs this website

Using the site

Quotes and prices

Payments

Content and accuracy

Intellectual property

Links to other sites

Availability

Liability

Governing law

Changes

Combi Care Terms of Service

WHAT’S INCLUDED

COMBI CARE BRONZE

COMBI CARE SILVER

COMBI CARE GOLD

2.1

INITIAL INSPECTION & SERVICE

✔

✔

✔

2.2

ANNUAL BOILER SERVICE

2.3

ANNUAL CP12 LANDLORD’S GAS SAFETY CERTIFICATE

2.4

BOILER BREAKDOWN

2.4

BOILER CONTROLS (Sited within the boiler itself)

2.4

BALANCED BOILER FLUES

2.5

MULTIPOINT GAS WATER HEATER (If no other boiler at property)

N/A

2.6

HEATING CONTROLS (External to the boiler)

2.6

CENTRAL HEATING SYSTEM

2.6

CENTRAL HEATING HEADER TANK

2.6

HEATING PUMPS AND MOTORISED VALVES

2.7

BOILER REPLACEMENT

2.8

GAS PIPE-WORK

2.9

DOMESTIC HOT WATER HEADER TANKS

2.9

ATMOSPHERIC HOT WATER CYLINDER

2.9

UNVENTED HOT WATER CYLINDER

2.9

HOT & COLD WATER PLUMBING PIPE-WORK

2.10

TAPS & TOILETS

2.11

MIXER SHOWERS

2.11

ELECTRIC SHOWERS

2.12

ELECTRIC PANEL HEATERS

2.13

INTERNAL DRAINAGE

2.13

EXTERNAL DRAINAGE ABOVE GROUND

2.14

GAS FIRES

2.15

GAS HOBS

2.15

Unit 114 Golborne Enterprise Park Warrington Cheshire WA3 3GR