Terms & Conditions - Your Boiler Experts

These are the terms and conditions under which we will supply the Services to you. The level of Services that we provide to you will be dependent on the level of Service Cover that you have selected and will be subject to the Exclusions, [full details of which are set out below]. For the avoidance of doubt, the Services are provided to you under a Service Plan (the Service Plan) and not an insurance policy. All work is undertaken by us or one of our approved sub-contractors.

1.2 Why you should read them

Please read these terms carefully before you submit your order for the Service Plan to us. These terms tell you who we are, how we will provide the Service Plan to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are

We are Your Boiler Experts Limited, a company registered in England and Wales. Our company registration number is [XXX] and our registered office is at 17 Howley Park Business Village, Pullan Way, Leeds LS38 0BZ. Our registered VAT number is [NUMBER].

2.2 How to contact us.

You can contact us by telephoning our customer service team at [NUMBER] or by writing to us at [EMAIL ADDRESS AND POSTAL ADDRESS].

2.3 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract (the Contract) will come into existence between you and us. The day we send you the email, or any other date that either you may specify in your order or that we specify in our email will be known as the Commencement Date.

3.2 Term

The Contract will run for a period of 12 months (the Term) from the Commencement Date unless ended early in accordance with these terms.

Upon expiry of the Term the Contract will continue unless either you or we give 30 days’ notice in writing that we want the Contract to end. Unless you place a further order for another 12 months, each rolling 30 days’ will be considered a new Term.

3.3 If we cannot accept your order

If we are unable to accept your order, for example if you are not within an area that we offer the Services, we will inform you of this in writing and will not charge you for the Services.

3.4 Your Customer Number

We will assign you a Customer Number so that we can provide you with the Services under the Service Plan more efficiently and we will tell you what it is when we accept your order. It will help us if you can tell us the Customer Number whenever you contact us.

3.5 We only provide the Service Plan to the UK and certain geographical areas

Our website is solely for the promotion of Your Boiler Experts in the UK and we only provide the Service Plan within certain post codes within the UK. Please check the website for full details of the coverage. Unfortunately, we do not provide the Services to addresses outside the UK.

4. Your Obligations

4.1 Types of Property covered and making sure your details are accurate

By placing an Order for a Service Plan with us you confirm that you are a homeowner or a landlord.

For a list of what types of property are or are not covered please Schedule 1 of these Terms.

If you have any doubts as to whether your property or personal circumstances are covered then please contact our customer services team at [DETAILS].

4.2 Call Out Cover and 30 Day Call Out Charge

Depending on the level of Service Cover of your Service Plan that you have selected, there may be a 30 Day Call Out Charge. What this means is that if you have a call out within 30 days of Commencement Date, we will be entitled to charge you for any work that we carry out at our standard rate. We will give you a realistic estimate of the cost of the Services and get your permission before we undertake the Services.

5. Your rights to make changes

5.1 If you wish to make a change to your Service Plan or the Service Cover you have ordered please contact us.

We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service Plan, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 ‑ Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the Service Plan

We may change the Services provided under the Service Plan and what is covered under each Service Cover:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements.

6. 2 More significant changes to the Services under the Service Plan and these terms

In addition there may be times when we have to make more significant changes to these terms or the Service Plan such as reduce or change significantly what is included under each level of Service Cover, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund subject to the terms stated below. When we have to alter what is included under the Service Plan then we will try to replace it with an alternative of similar value.

7. Providing the Services

7.1 What Services do you we provide under the Service Plan?

We will provide you with the Services subject to the level of Service Cover that you have selected. A full list of Services included at each level of Service Cover and any exclusions can be found on the website.

7.2 Excess costs

Depending on the type of Service Plan and level of Service Cover that you have selected there may be an excess to be paid (the Excess) when you make a Claim. This will be clearly stated on our website.

7.3 When you will be covered by the Service Plan

We will confirm to you the Commencement Date of the Service Plan. You will not be entitled to receive the Services within 30 days of the Commencement Date unless you agree to pay the 30 Day Call Our Charge as explained above.

7.4 We are not responsible for delays outside our control

If our supply of the Services at any time under the Contract is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a full refund provided either:

That you are within 30 days of the Commencement Date; or
That you have not had an annual service carried out; or
You have not made a Claim under the Service Plan within the Term.

7.5 Claims

If you need to request that we provide you with Services under the Service Plan (a Claim) then please contact our customer services team on [DETAILS].

7.6 Claims Limit

You may make unlimited Claims under the Contract however the level of cover will depend on your Service Plan and the level of Service Cover that you have purchased. Please note that if you are not up to date with your payments then you cannot make a claim. The full details of Service Cover will be listed on our website.

7.7 If you are not at home when we come to provide the Services

If no one is available at your address to allow us entry to provide the Services then we will leave you details as to how to contact us to rearrange a further appointment. We may charge you a cancellation fee in this situation. If after re-arranging an appointment with you and there is no on available at your address to allow us entry to provide the Services again (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to gain access to your property we may end the contract and clause 10.2 will apply.

7.8 Your legal rights if we don’t turn up to provide the Services

You have legal rights if we don’t turn up to provide the Services and we haven’t give you a good reason for this in advance. If we miss an appointment and it isn’t for reasons outside of our control (as per clause 7.4 above) then you may treat the contract as at an end straight away if any of the following apply:

7.8.1 we have refused to provide the Services; or

7.8.2 you told us before we agreed to provide you with an appointment that performance of the Services within the specified timeframe was essential.

7.9 Setting a new deadline for performance of the Services

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for performance, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.10 What will happen if you do not give required information to us

We may need certain information from you so that we can perform the Services, for example, the type of boiler you have installed. We will contact you either by telephone or in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for performing the Services late or not performing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.11 Reasons we may suspend the Service Plan

We may have to suspend the Service Plan:

7.11.1 deal with technical problems or make minor technical changes;

7.11.2 update the Services, the Service Cover or any part of them, to reflect changes in relevant laws and regulatory requirements;

7.11.3 make changes to your Service Cover as requested by you or notified by us to you (see clause 6).

7.12 Your rights if we suspend the Service Plan

We will contact you in advance to tell you we will be suspending the Service Plan, unless the problem is urgent or an emergency. If we have to suspend the Service Plan for longer than five days in any one month period we will adjust the price so that you do not pay for the Service Plan while it is suspended. You may contact us to end the Contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than five days and we will refund any sums you have paid in advance for the Services or under the Service Plan in respect of the period after you end the contract.

7.13 We may also suspend the Service Plan if you do not pay

If you do not pay us for the Service Plan or any Services when you are supposed to (see clause 12.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend the Service Plan and the performance of any Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Service Plan and/or any Services. We will not suspend the Service Plan or the Services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the Service Plan during the period for which it is suspended if the suspension is because of a legitimate dispute. As well as suspending the Service Plan and Services we can also charge you interest on your overdue payments (see clause 12.5). If you may a Claim under the Service Plan when any payment is outstanding, you must pay us the outstanding amount in full and we may charge you a reasonable administrative charge, before we will provide you with the Services.

8. Your rights to end the Contract

8.1 You can always end the Contract

Your rights when you end the Contract will depend on whether there is anything wrong with the Services we have provided, how we are performing and when you decide to end the Contract:

8.1.1 If we have not provided the Services correctly you may have a legal right to end the Contract (or to have the Services re‑performed or to get some or all of your money back), see clause 11;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;

8.1.3 If you have just changed your mind, see clause 3. You may be able to get a refund if you are within the cooling‑off period, but this may be subject to deductions;

8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.

8.2 Ending the Contract because of something we have done or are going to do

If you are ending the contract for a reason set out at 8.2.1 to 8.2.5 below the Contract will end immediately and we will refund you in full for any period that you have paid for but for which the Service Plan is not covering you for and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the Service Plan, the Services or these terms which you do not agree to (see clause 2);

8.2.2 we have told you about an error in the price or description of the Service Plan or the Services and you do not wish to proceed;

8.2.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;

8.2.4 we have suspended the Service Plan for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than five days; or

you have a legal right to end the Contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee

Please note, these terms reflect the goodwill guarantee offered by Your Boiler Experts which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

Right under the Consumer Contracts Regulations 2013	How our goodwill guarantee is more generous
14 day period to change your mind.	30 day period to change your mind.

8.5 When you don’t have the right to change your mind

You do not have a right to change your mind in respect of if we have provided you with any Services, once these have been completed, even if the cancellation period is still running;

8.6 Ending the Contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the Contract before the end of the Term, but you may have to pay us compensation.

The Service Plan is completed when the Term has ended and you have paid for the Service Plan and any Services under it in full.

If you want to end the Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will not end until one calendar month after the day on which you contact us. We will refund any advance payment you have made under the Service Plan. For example, if you tell us you want to end the contract on 4 February we will continue to provide you with cover under the Service Plan until 3 March.

We will only charge you for the Service Plan up to 3 March and will refund any sums you have paid in advance for the Service Plan after 3 March.

EXCEPT WHEN:

You expressly agree that we may deduct from that refund (or, if you have not made an advance payment, charge you) a sum equal to the number of months remaining of the Term if we have performed any Services to you under the Contract.

9. How to end the Contract with us (including if you have changed your mind)

9.1 Tell us you want to end the Contract

To end the Contract with us, please let us know by doing one of the following:

9.1.1 Phone or email. Call customer services on [NUMBER] or email us at [ADDRESS]. Please provide us with your Customer Number so that we can identify you.

9.1.2 Complete the [form INSERT LINK TO ONLINE FORM] on our website.

9.1.3 By post. Print off the Cancellation Form [INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including your Customer Number and informing us that you wish to cancel.

9.2 When your refund will be made

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind within 14 days of your telling us you have changed your mind

10. Our rights to end the contract

10.1 We may end the Contract if you break it

We may end the Contract at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 60 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the type of boiler you have installed;

10.1.3 you do not, within a reasonable time, allow us access to your premises to supply the Services; or

10.1.4 you have provided us with incorrect information regarding your property for example the age or condition of your boiler.

10.2 You must compensate us if you break the Contract

If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the Service Plan we have not provided but we may deduct or charge you a sum equal to the number of months remaining of the Term if we have performed any Services to you under the Contract.

10.3 We may withdraw the Service Plan

We may write to you to let you know that we are going to stop providing the Service Plan. We will let you know at least three months in advance of our stopping the supply of the Service Plan and will refund any sums you have paid in advance for the remainder of the Term during which the Service Plan will not be provided.

11. If there is a problem with the Service Plan or the Services

11.1 How to tell us about problems

If you have any questions or complaints about the Service Plan or the Services that we have provided you with under the Service Plan, please contact us. You can telephone our customer service team at [NUMBER] or write to us at [EMAIL ADDRESS AND POSTAL ADDRESS].

11.2 Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

For services, the Consumer Rights Act 2015 says:

11.2.1 You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

11.2.2 If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

11.2.3 If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

12. Price and payment

12.1 Where to find the price for the Service Plan

The price of the Service Plan (which will depend on the level of Service Cover selected) (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Service Plan advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Service Plan you order.

12.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes, we will adjust the rate of VAT that you pay.

12.3 What happens if we got the price wrong.

It is always possible that, despite our best efforts, the Service Plan may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service Plan’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service Plan’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.

12.4 When you must pay and how you must pay.

We accept payment with [LIST OF CREDIT AND DEBIT CARDS].

You must make an advance payment of one month’s charges (the Fee) before we start providing you with cover under the Service Plan. We will also ask you to set up a monthly direct debit or other recurring payment method.

12.5 We can charge interest if you pay late.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Services including the right for them to be supplied with reasonable skill and care.

13.3 When we are liable for damage to your property.

If we are providing Services in your property and we cause accidental damage to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre‑existing faults or damage to your property that we discover while providing the Services or for any damage that we consider necessary in order to provide the Services, for example, if we have to remove part of a wall to gain access to pipes.

13.4 We are not liable for business losses.

We only supply the Services for domestic landlords and private use, not for commercial purposes. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we may use your personal information.

We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

15. Other important terms

15.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within ten days of us telling you about it and we will refund you any payments you have made in advance for the period of the Service Plan that you are not covered for.

15.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this Contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this Contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this Contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to you with cover under the Service Plan, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.7 Alternative dispute resolution.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform.

Schedule 1

Exclusions

1. Types of Property

We do not cover communal areas of flats or areas that you do not have a contractual responsibility for.
We do not cover mobile homes, bedsits or sub-divided homes.

2. The following are not covered by the Services

White appliances washing machines, dishwashers etc
Frozen pipes and burst pipes due to frozen
Electric showers or any part thereof
Showers heads, rails or controls
Blocked traps such as bottle traps under sinks or hair in shower gully.
Sanitary ware (cracked or broken)
Water damage
Noisy pipes due to incorrect installation / thermal expansion
Property plan will not repair damage to building fabric after repairing fault
Guttering and downpipes
Shared drains
Existing faults
Electric boilers
Adjustment of controls (timer etc)
Bleeding of radiators
replacement of wireless/ smart controls/ valves
pipework above 28mm of any type
steel pipework
Any Boiler Manufacturers or models not listed here (we have the right to refuse cover of any boiler we deem unfit for purpose):

– Alpha	– Potterton (excluding Powermax / Promax store)
– Alpha-therm	– Radiant
– Ariston	– Ravenheat
– Baxi	– Servowarm
– Biasi,	– SIME
– Boulter Buderus	– Trianco Redfyre
– Chaffoteaux	– Vaillant (excluding thermal stores)
– Glowworm	– Viessmann
– Halstead	– Vokera
– Hepworth	– Warmworld
– Hermann,	– Worcester Bosch
– Ideal(excluding Istor)	– Johnson & Starley
– Malvern	– Main Boilers

Thermal stores or elson tanks
Warm air units
Any part of heating or hot water external to boiler (boiler only plan)
Parts damaged by sludge or debris in the system
Any other gas appliance gas fires/ cooker etc
Repairs required due to maintenance issues. (Not serviced at stated intervals)
Removal of boxing in or units allowing access to boilers. or boilers with incorrect access
Frozen condensate pipes or faults caused by this
Re-pressurising boiler & heating system
Chimney/flue repairs
Magnetic filters or equivalent outside the boiler
If boiler beyond economical repair – New boiler offered (Price of boiler free – labour for fitting chargeable – if property plan supply the boiler, property plan have to fit the boiler to be eligible for the free boiler)
If replacement stop tap required then other means of isolation must be present. (external stop tap)
Any damage to existing system pipework due to work by us, if we are carrying out works on the system and this makes an existing fault more apparent (eg – leaking pipes due to powerflush)
Any damaged caused by customer due to diy or other accidental damage or other un-approved tradesmen, we will not pay invoices if customer decides to get own company out if we are unavailable (subject to the terms above);
Removal or replacement of floor coverings to access leaking pipes, or making good any damage (tiles vinyl etc) caused by fixing a problem. We will advise in writing if damage needs to be caused to repair the fault;
Inaccessible pipes (under concrete) or leaking due to corrosion from concrete or other;
Appliances containing asbestos, or access to anywhere that contains asbestos;
Asbestos removal;
Obsolete parts – we check with all major suppliers for parts. if parts are obsolete. We will not be able to complete your repair, however we may offer you a solution outside of the Service Plan;
Any boiler or system not be correctly maintained before the Commencement Date;
Any installation faults not done by us;
Any known manufacturers fault.
Septic tanks and cess pits damage to property from leaks or appliances
If garden/land dug to repair (drain etc) land will be back filled but original surface not repaired. we will use patch line repairs if required;
Flood damage
Any damage caused by war, terrorism or natural disaster;
A Claim can only be made once for each part, within a 2 year period;
Cast soil stacks not included;
Thermal stores or boilers incorporating thermal stores;
Light bulbs/lamps
Garden lighting when not installed correctly;
Transformers;
Incorrectly installed products;
Non-standard light fittings (for example fancy chandeliers , bespoke light fittings, or special order fittings) however we are happy to provide the labour to replace the fitting under the cover, but not the fitting if the price exceeds £50
Recurring Electrical faults
Faults caused by pests