1.1 In this agreement, unless the context otherwise requires “Agreement” means the contract for the supply of the service hereunder “Appliance” means the appliance as defined in the schedule attached here to (but excluding any parts or components not supplied and installed by the original manufacturer) “Central heating system” means the central heating boiler and the gas supply from the appliance isolating cock, together with the thermostatic radiator valves, pump, motorised valves and cylinder thermostat, controls for temperature, time and pressure, pipework, radiators, feed and expansion tank, hot water cylinder. “Company” means Consumer Gas Limited (Company registration number 3018955) which expression shall include, where relevant, its authorised representatives “Customer” means the person(s) so described overleaf and their authorised successors or assigns “Equipment” means the central heating system and / or the appliance the location of which is specified overleaf “Service” means the repair and maintenance (in respect of private domestic central heating systems up to 40 KW input)- 14 radiators max to be provided pursuant to clause 2 “Location” means the location of the equipment shown overleaf, or any other location agreed from time to time between the parties “Normal Working Hours” means the hours of 8.30am to 5pm (inclusive) of any working day “Working Day” means any day other than Saturday or a bank holiday or public holiday
1.2 The headings in this agreement are for convenience only and shall not affect its interpretation
2. Services to be provided
2.1 During the continuance of this Agreement the company shall provide the customer with the level of service specified overleaf detailed in clause 2.2 for the equipment
2.2 subject to the clause 4 the relevant services shall consist of: –
2.2.1 One-Star Service An annual inspection involving routine maintenance of the appliance to keep the appliance in good working order: and the repair of any defect in or malfunction of the appliance which is discovered by the company during the course of routine maintenance checks or is reported to the company by the customer from time to time including the supply of spare parts and replacement components on the boiler only & room stat, cylinder stat & clock. (Not including extended manufacturer servicing requirements which will quoted and charged accordingly)
2.2.2 Two Star Service An annual inspection involving routine maintenance of the central heating system to keep the central heating system in goodb working order: and repair any defect in or malfunction of the central heating system which is discovered by the company during the course of routine maintenance checks or is reported to the company by the customer from time to time but excluding the supply of spare parts and replacement components. (Not including extended manufacturer servicing requirements which will quoted and charged accordingly)
2.2.3 Three Star Service An annual inspection involving routine maintenance of the central heating system to keep the central heating system in good working order: and the repair of any defect in or malfunction of the central heating system which is discovered by the company during the course of routine maintenance checks or is reported to the company by the customer from time to time, including the supply and fitting of spare parts and replacement components (subject to the provisions of
clause 3). (Not including extended manufacturer servicing requirements whichwill quoted and charged accordingly)
2.3 Routine maintenance of the equipment shall be carried out by one of the Company’s suitably qualified and duly authorised representatives attending at the location at such time during Normal Working Hours as may be agreed in advance between the company and the customer from time to time
2.4 If the Company discovers a defect in or malfunction of the equipment in the course of routine maintenance, the company will use all reasonable endeavours to repair it at the location, but if that is not reasonably practicable (or is not reasonably practicable in the time available during Normal Working Hours) the company will seek to make suitable arrangements with the customer for:
2.4.1 a further visit to be made to the location during Normal Working Hours for the repair or the defect or malfunction: or
2.4.2 If the equipment is inoperative as a result of the defect or malfunction, its repair at the location
2.4.3 If it is not reasonably practicable for the defect or malfunction to be repaired otherwise, the removal of the equipment (or where practical the part of the equipment in question) for the purposes of repair
2.5 If the customer reports a defect in or malfunction of the equipment during Normal Working Hours, the company shall use its reasonable endeavours to ensure that one of the company’s suitably qualified and duly authorised representatives attends at the location, during Normal Working Hours, as soon as reasonably practicable. The company will use all reasonable endeavours to repair the defect or malfunction at the location, butif that is not reasonably practicable (or is not reasonably practicable in the time available Normal Working Hours) the company will seek to make such arrangements with the customer as are mentioned in clause 2.4.
2.6 If the customer reports the defect in or malfunction of the equipment outside Normal Working Hours on any day, then unless the company expressly agrees otherwise, the report shall be deemed to be made at the beginning of Normal Working Hours on the next working day and clause 2.5 shall take effect according
2.7 In the event of a change of ownership of the location the customer may with the Company’s written consent assign the benefit of this agreement to the new owner. Provided such assignment includes an agreement by the new owner by the new owner to comply with and be bound by the terms and conditions of this agreement and in such event the benefit of the agreement shall continue to apply in respect of the location for the remainder of the period for which the annual payment or instalment thereof has been paid. 2.8 No refund will be made by the company for any unexpired period of this agreement except in the company’s absolute discretion of where provide pursuant to clause 9.3
2.9 The company reserves the right to sub-contractors to carry out all or part of the service.
3. Spare parts and replacements
3.1 In respect of the Three Star Service the company shall use reasonable endeavours to supply minor spare parts and replacement components required to maintain the equipment in good working order
3.2 All spare parts and replacement components supplied by the company shall become part of the equipment and any parts removed from it shall become the company’s property, unless otherwise agreed in writing between the parties.
3.3 The company may at its discretion supply and fit suitable parts or replacement components which are not identical to the parts or components being replaced.
4. Services not included
4.1 The service shall not apply to any design defect in the equipment or any defect or malfunction which is due to faulty materials or workmanship in manufacture or installation, or any defect or malfunction which in the company’s reasonable opinion has arisen as a result of: –
4.1.1 Electrical work external to the equipment i.e., before and including the electrical system isolation point:
4.1.2 Transportation or relocation of the equipment not performed by or on behalf of the company
4.1.3 Any error or omission relating to the operation of the equipment
4.1.4 Any modification, adjustment or repair to the equipment made by a third party without the written consent of the company (which expression shall include without limitation any energy saving devices)
4.1.5 The subjection of the equipment by the customer to unusual physical or electrical stress the neglect or misuse of the equipment or any failure or fluctuations of electrical power, air conditions, humidity control or other environmental controls or
4.1.6 Any failure of the public electricity, gas or water supply
4.1.7 Hard water scale deposits or from other damage requiring the removal of the system blockage, or replacement of parts damaged or blocked by reason of sludge, debris or other deposits contained within the equipment 4.1.8 Any other cause (except fair wear and tear) which is not due to the neglect or default of the company.
4.1.9 Water quality testing and the adding of inhibitor is not included in the annual inspection and will be quoted accordingly. 4.1.10 Replacement of extended serviceable components under boiler manufacturer guidance are not covered in contract maintenance plans and will charged accordingly to customer. (example : 5 year burner seal and spark electrode replacement) unless premature failure.
4.2.1 The company specifically excludes any implied term that acceptance of the equipment for cover under this agreement by the company that the equipment is installed to a satisfactory standard or of a quality meeting the prevailing stands of the company 4.2.2 The company accepts no responsibility for inadequate or faulty design of the equipment or any failure of the equipment to function adequately by reason of that design and makes no warranty as to condition, fitness for purpose, safety or the availability of spare parts and replacements components in respect of the equipment
4.3 If on investigation the company reasonably determines that any defect in or malfunction of the equipment is the result of any of the matters referred to in clause 4.1 or If the company provides services at the customers request or materials which are not covered by the service the customer must pay the company’s charges for investigating the same and determining its cause or providing those services and materials at its then prevailing rates, as if that work formed part of the service
4.4 If any part of the equipment can no longer be maintained in good working order by the provision of replacement spare parts or if the whole of the equipment is damaged beyond economical repair otherwise than through the company’s fault (as to whether either of which events has occurred shall be in the company’s reasonable opinion) the company reserves the right to terminate this agreement forthwith, by giving written notice to the customer in respect of the whole or any part of the equipment which can no longer be maintained
4.5 The service shall not include the replacement of the equipment in the event of the company being unable to obtain spare parts or replacement components by reason of them not being reasonably available 4.6 The following are excluded from the scope of the service, namely the replacement or repair of decorative parts of the equipment: adjustment to time and temperature controls; the domestic water supply from the hot water cylinder to (and including) taps: the cold water supply tank, its feed pipes and outlets; the structure of the location premises or pipework, ducting and flueing contained in it; shower hoses, handsets and mixing valves or taps
4.7 The company shall use reasonable endeavours to avoid or keep to a minimum disturbance or damage as a result of the provision of the service but shall not be responsible for making good any interior decoration which may be disturbed or be required as a result of any such provision 4.8 Except as expressly provided in this agreement or as agreed between the Parties in writing, the company shall have no obligation to provide ant services to the customer outside Normal Working Hours. 5. Customer’s Obligations
5.1 The customer shall:
5.1.1 At all times keep the equipment in the environment conditions recommended by the manufacture of the equipment
5.1.2 Use the equipment only in accordance with such instruction’s recommendations relating to the care and operation of the
equipment as may be issued by the manufacturer of the equipment or as may from time to time be advised in writing by the company: and
5.1.3 Not allow any person then the company’s representatives to adjust, maintain, repair, replace or remove any part of the equipment.
5.2 The customer shall ensure that the company’s representatives have full and free access to the equipment and to any records of its use kept by the customer to enable the company to perform its duties
5.3 The customer shall provide the company with such information concerning the equipment, its application, use, location and environment as the company may reasonably request to enable it to carry out its duties 5.4 The customer shall take all such step as may be necessary to ensure the safety of any of the company’s representatives who visit any premises of the customer
6.1 in consideration of the provision of the service, the customer shall pay the company the charges set out overleaf on the execution of this agreement or by means of other payment methods agreed by the company
6.2 The charges referred to in clause 6.1 are subject to annual review by the company and any increase in the charges shall be notified to the customer on each anniversary of this agreement.
6.3 All the charges and other sums payable under this agreement are exclusive to any applicable valve added tax, which shall be additionally payable by the customer together with the charge or the sum in question 6.4 If the customer fails to pay on the due date any amount which is payable to the company pursuant to this agreement, then without prejudice to clauses 9.2 & 9.4 that amount or the balance for the time being outstanding shall bear interest from the due date until payment is made to the company (Both before and after any judgment) at 4% per annum over Barclays Bank PLC base rate from time to time.
7.1 Nothing in the agreement shall restrict or exclude the customer’s statutory rights in the respect of the service if he contracts as a custome
7.2 Neither company nor its servants or agents will be liable in contract or in tort (including negligence) or in any other way for any consequential or indirect loss, liability or damage suffered by the customer nor for any other claim for consequential compensation whatsoever arising howsoever from or in connection with this Agreement or any breech or non-performance of any provision of it by the company or any fault in or the supply of, or any delay in supply of the service.
7.3 Nothing in this agreement shall restrict or exclude the liberty of the company for death or personal injury arising from its negligence 7.4 Excluding the company’s liability arising under clause 7.3
7.4.1 The aggregate liability of the company whether arising in contract or tort(including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability resulting from or in connection with this agreement shall not exceed the level of insurance cover maintained by the company in respect of the provision of the service: and
7.4.2 The total liability of the company for any loss of or damage to any physical property of the customer so arising in any year of this agreement in respect of any one
event or series of connected events shall not exceed the sum of £2.000.000: and
7.4.3 The total liability of the company in respect of all other liability of any kind (including negligence) shall not exceed the charges payable by the customer for the service for the year in which the liability arises 7.5 The Customer agrees that is accepts the limitations on and exclusion from liability contained in this clause as reasonable and that if they had not been included the price of the service would have materially increased 8. Force Majeure If by reason of any circumstances whatsoever beyond the control of the company (including but without prejudice to the generality of the foregoing) strikes, labour disputes or difficulties, breakdown or machinery or equipment, delay or failure in obtaining materials (including without limitation spare parts and replacement components) accident, fire, civil riot or any law or act or requirement of any government or a governmental body or department the company is delayed or prevented from performing any of its obligations this agreement the company shall as soon as reasonably practicable notify the customer thereof and shall not be deemed to be in breach of any of its obligations under this agreement or otherwise be liable to the customer for any delay in the performance or non-performance of any such obligations to the extent that the delay or non-performance of the company’s obligations shall be extended accordingly and, without prejudice to the foregoing, the company may in its discretion terminate this agreement without any liability whatsoever.
9. Duration and Termination
9.1 Orders (including any accepting or quotation of the company) will only bind the company when it accepts them in writing 9.2 This agreement shall come into force on the date specified overleaf and subject to this clause 9 shall continue in force for an initial period of one year from that date and thereafter unless or until terminated by either Party giving to the other at any time not less than on month’s prior written notice of termination expiring at the end of that initial period or at any time thereafter
9.3 The company shall be entitled to terminate this Agreement forthwith 9.3.1 In the circumstances and to the extent referred to in clause 4.3 and
9.3.2 By giving written notice to the customer if any sum payable under this agreement is not paid on the due date
9.4 The company reserves the right to refuse this agreement or to offer to the customer to lower the level of service
9.5 The company reserves the right to cancel this agreement at any time for reasons relating to poor safety, accessibility for servicing or repair of the non- availability of spares parts or replacement components. In the event of such cancellation the company will refund a due proportion of any monies paid by the customer calculated by reference to the period of service cover remaining
9.6 Any waiver by either party of a breach of any provision on this agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision. 10. Nature of Agreement
10.1 This agreement contains the entire agreement between the parties with respect to its subject matter, supersedes all previous agreements and understandings between the parties, any may not be modified except by an instrument in writing signed by the duly authorized representatives of the parties
10.2 If any provision of this agreement is held by any court of other competent authority to be void or unenforceable in whole or part, the other provisions of this agreement and the remainder of the affected provisions shall continue to be valid
10.3 This agreement shall be governed by and construed in all respects in accordance with the laws of England, and the customer agrees to submit non-exclusive jurisdiction of the English courts.
11. Notices and Service
Any notice or other information required or authorised by this agreement to be given by either party to the other may be given by hand or sent (by first class pre-paid post, telex, cable, facsimile transmission or comparable means of communication) to the other party at the address referred to overleaf and in the case of the company, at such address for service as shall be notified from time to time by the company to the customer.