RETFORD BOILER SERVICES – OUR TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of Services by Retford Boiler Services Limited, a company registered in England and Wales under company number 11997729, and with registered address at 89 North Road, Retford DN22 7XL (the “Trader”) to customers who require boiler and system repair and maintenance services to be provided at their home on a regular basis. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions may be updated by us from time to time – please check our website regularly to keep up to date with any changes.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Communication and Contact Details

  1. 1.1  If You wish to contact Us with questions or complaints, You may contact Us by

    telephone at 01777 701 668 or by email at enquiries@retfordboilerservices.com.

  2. 1.2  In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

    1. 1.2.1  contact Us by email at enquiries@retfordboilerservices.com; or

    2. 1.2.2  contact Us by pre-paid post at Unit 30, Bulcote Business Park, Randall Park

Way, Retford DN22 8WQ.

  1. 2.1  We provide boiler and system repair and maintenance services, as detailed in these

    Terms and Conditions (the “Services”).

  2. 2.2  If you decide to purchase the Services, the following steps will take place:

    1. 2.2.1  We will arrange a date to carry out a survey of your boiler; and

    2. 2.2.2  We will carry out the survey, to determine the water quality and whether any defects exist.

  3. 2.3  The initial survey, and the commencement of any Services, does not guarantee that Your system will be free from sludge for the Term.

  4. 2.4  Following the visit detailed in Clause 2.2 above, if You sign up to purchase a Plan (the “Start Date”), these Terms and Conditions shall apply, and a legally binding shall be created.

  5. 2.5  The maintenance plan (a “Plan”) shall be provided for a fixed term of 12 months, which may automatically rollover as per Clause 10 (the “Term”).

3. Plans
3.1 We provide the following Plans for boiler maintenance:

Boiler Service Plan

2. Service Plans

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  • One boiler service annually

  • Automatic reminders (by email and SMS) to book boiler service

  • Same day boiler and system breakdown calls. Such visits are chargeable at Our then current rates

  • For gas boilers, £9.50 (inclusive of VAT) per month

  • For oil boilers, £11.50 (inclusive of VAT) per month Boiler Protection Plan

  • One boiler service annually

  • Automatic reminders (by email and SMS) to book boiler service

  • Unlimited boiler breakdown callouts

  • Same day boiler and system breakdown calls. These visits are charged at 90% of Our then current rates

  • For gas boilers, £17.50 (inclusive of VAT) per month

  • For oil boilers, £21.00 (inclusive of VAT) per month System Protection Plan

  • One boiler service annually

  • Automatic reminders (by email and SMS) to book boiler service

  • Same day heating, hot and cold system callouts

  • Same day boiler callouts, where We diagnose faults and pass onto manufacturer

  • boiler and system breakdown calls. These visits are charged at 90% of Our then current rates

  • For gas boilers, £17.50 (inclusive of VAT) per month

  • For oil boilers, £17.50 (inclusive of VAT) per month Complete Protection Plan

  • One boiler service annually

  • Automatic reminders (by email and SMS) to book boiler service

  • Unlimited callouts for boiler, heating system, hot water and cold water

    breakdowns, all on same day attendance

  • For gas boilers, £29.50 (inclusive of VAT) per month

  • For oil boilers, £33.00 (inclusive of VAT) per month

  1. 3.2  All Plans are subject to an initial full system survey, which will take place before these Terms and Conditions come into effect.

  2. 3.3  All same day attendances shall take place within 24 hours of You reporting the issue to Us and will take place, where possible, during working hours.

  3. 3.4  If We inform You that your boiler or system is in poor condition, such boiler or system will not be covered in the Plan purchased by You.

  4. 3.5  You are unable to make any claims on any Plan for the first 30 days.

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  1. 3.6  Additional charges may be payable by You if an issue is caused to Your system that is Your fault (this includes but is not limited to an incident such as a flat battery in a thermostat).

  2. 3.7  Exclusions
    The Plans do not include:

    1. 3.7.1  Any third party work that may be required, including any remedial work resulting from third party interference;

    2. 3.7.2  Any decorative parts;

    3. 3.7.3  Sludge or scale-related issues (although a scale reducer will be advised in hard water areas);

    4. 3.7.4  Any smoke or carbon monoxide alarms (these are not considered to be part of Your system); or

    5. 3.7.5  Any hidden pipework contained within floors or walls (this not covered as part of any Plan, and there may be a cost associated with accessing the relevant area).

  3. 3.8  We will charge You for any products supplied as part of our provision of the Services. We will seek your approval before supplying and charging you for any products. All products remain Our property until paid for in full by You.

  4. 3.9  The Plans are not an insurance policy, but rather a purchase of maintenance services, with the cost spread over the Term.

  5. 3.10  You must make each payment on 1st of each month.

  6. 3.11  If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 3% above the base rate of Barclays Bank plc from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

  7. 3.12  If You have promptly contacted Us to dispute a charge in good faith, We will not charge interest while such a dispute is ongoing.

  8. 3.13  We reserve the right to increase the monthly Plan fees, but will not do so within one 12-month period (although increased prices may apply to successive 12-month periods).

  1. Services

    1. 4.1  We will provide the Services in accordance with Clause 3 above.

    2. 4.2  We will begin to provide the Services on the Start Date and will continue to provide the Services until these Terms and Conditions are terminated by You or Us in accordance with these Terms and Conditions.

    3. 4.3  We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the boiler and system repair and maintenance market.

  2. Faulty Products

5.1 If any products are supplied in the course of Us providing the Services, and You discover a defect with one or more of those products or if the product or products have been incorrectly described, You should inform Us using the contact details

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above in Clause 1.

  1. 5.2  Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the product(s) at a reduced price, or to a repair or replacement.

  2. 5.3  After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by Us or as included with the product.

  3. 5.4  After the first six months, if any product develops a fault, You must prove that the product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the product and how long it can reasonably be expected to last.

6. Problems with Our Service

  1. 6.1  If there is a problem with the result of the Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.

  2. 6.2  We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

  3. 6.3  We will not charge You for remedying problems under this Clause 6 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

  4. 6.4  As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

  5. 6.5  If We do not perform the Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;

  6. 6.6  If the Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Services), You have the right to a reduction in price.

  7. 6.7  If for any reason We are required to repeat the Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the work in question and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the

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same payment method originally used by You unless You request an alternative method.

  1. Your Obligations

    1. 7.1  If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the relevant part of the Services.

    2. 7.2  We may ask you to move or remove certain furniture, fixtures and fittings at the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.

    3. 7.3  You will ensure that We can access the property at the time we have agreed to provide the Services.

    4. 7.4  If You do not provide the required access to Your property or make it impossible for Us to provide the Services by failing to comply with any other provision in this Clause 7, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.

  2. Complaints and Feedback

    1. 8.1  We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

    2. 8.2  If You wish to complain about any aspect of Your dealings with Us, please contact Us by email at enquiries@retfordboilerservices.com.

  3. Cancellation of Contract During the Cooling Off Period

    1. 9.1  Where these Terms and Conditions are not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:

      1. 9.1.1  in relation to any products supplied, at the end of 14 calendar days after the date on which the products are delivered. If the products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and

      2. 9.1.2  in relation to the Services, at the end of 14 calendar days after the date on which the contract is formed.

    2. 9.2  If You wish to cancel these Terms and Conditions within the cooling off period You should inform Us immediately by a clear statement (by email).

    3. 9.3  To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.

    4. 9.4  If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.

    5. 9.5  We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.

    6. 9.6  We will process the refund due to You as a result of a cancellation without undue

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delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.

  1. 9.7  If You exercise the right to cancel in relation to products:

    1. 9.7.1  We will issue a refund no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);

    2. 9.7.2  You must return the products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;

    3. 9.7.3  We may make a deduction from the refund for loss in value of any products supplied, if the loss is the result of unnecessary handling by You;

    4. 9.7.4  Please also note that products that become inseparably mixed with others and perishable Products cannot be returned.

  2. 9.8  If the Start Date falls within the cooling off period You must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:

    1. 9.8.1  If You cancel these Terms and Conditions after provision of the Services has begun You will be required to pay for the Services supplied and any products that cannot be returned to Us up until the point at which You inform Us of Your wish to cancel;

    2. 9.8.2  The amount due will be a fair proportion of the monthly fee specified in Your Plan. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis;

    3. 9.8.3  We will process any refund no later than 14 calendar days after You inform Us of Your wish to cancel.

  3. 9.9  Clause 9 applies to termination of these Terms and Conditions after the 14 calendar day cooling off period has elapsed.

10. Termination

  1. 10.1  In addition to Your rights in Clause 9 relating to the cooling off period, You may cancel the 12-month Plan at any time; however, You will be required to make payment of the full fees due for the Term, and for any parts or products supplied to You.

  2. 10.2  The Plans automatically renew every 12-months on the basis of these Terms and Conditions. If You do not wish Your Plan to renew, please provide Us with at least 30 calendar days’ notice prior to expiry of the Term.

  3. 10.3  You may terminate these Terms and Conditions with immediate effect by giving Us written notice if:

    1. 10.3.1  We have breached these Terms and Conditions in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;

    2. 10.3.2  We enter into liquidation or have an administrator or receiver appointed over Our assets;

    3. 10.3.3  We cannot accommodate a change requested by You or You do not accept the change in the fees charged by Us to accommodate such a change;

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  1. 10.3.4  We are unable to provide the Services due to an event outside of Our control (see Clause 12);

  2. 10.3.5  We wish to change these Terms and Conditions to Your material disadvantage.

  1. 10.4  We may need to terminate these Terms and Conditions before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible.

  2. 10.5  After the Start Date, We may terminate these Terms and Conditions at any time by giving You at least 14 days’ written notice.

  3. 10.6  We may terminate these Terms and Conditions with immediate effect by giving You written notice if:

    1. 10.6.1  You fail to make a payment on time as required under Clause 3;

    2. 10.6.2  You have breached these Terms and Conditions in any material way and have failed to remedy that breach within 30 days of Us asking You in writing to do so;

    3. 10.6.3  You do not provide Us with access to Your property and We have been unable to contact You to re-arrange the Services; or

    4. 10.6.4  We have been unable to provide the Services for more than 8 weeks due to an event outside of Our control.

  4. 10.7  For the purposes of this Clause 10 a breach of these Terms and Conditions will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

11. Effects of Termination

  1. 11.1  If these Terms and Conditions are terminated for any reason the provisions of this

    Clause 11 will apply.

  2. 11.2  If at the termination date:

    1. 11.2.1  You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking these Terms and Conditions if We terminate it under sub-Clauses 10.5.1, 10.5.2, or 10.5.3; and

    2. 11.2.2  We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 3.

  3. 11.3  Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of these Terms and Conditions will remain in full force and effect.

  4. 11.4  Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of these Terms and Conditions

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which exist at or before the date of termination.

  1. Events Outside of Our Control (Force Majeure)

    1. 12.1  We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

    2. 12.2  If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

      1. 12.2.1  We will inform You as soon as is reasonably possible;

      2. 12.2.2  Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

      3. 12.2.3  We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

      4. 12.2.4  You or We may terminate these Terms and Conditions (see Clause 10).

  2. Liability

    1. 13.1  We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. We will not be responsible for any loss or damage that is not foreseeable.

    2. 13.2  We will maintain suitable and valid insurance including public liability insurance.

    3. 13.3  We provide Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

    4. 13.4  If We cause any damage to Your property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Services. If damage is caused to Your property as a result of a faulty boiler or system components (including but not limited to leaks from the boiler onto Your property), We will not be liable for such damage.

    5. 13.5  We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.

    6. 13.6  Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

    7. 13.7  Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

  3. How We Use Your Personal Data (Data Protection)

14.1 All personal information that We may use will be collected, processed, and held in

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accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from [insert link on website].

  1. Other Important Terms

    1. 15.1  We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

    2. 15.2  We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

    3. 15.3  You may not transfer (assign) Your obligations and rights under these Terms and Conditions without Our express written permission (such permission not to be unreasonably withheld).

    4. 15.4  These Terms and Conditions are between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

    5. 15.5  If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.

    6. 15.6  No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

  2. Regulations and Information

    1. 16.1  We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You, except where that information is already apparent from the context of the transaction. We have included the information itself in these Terms and Conditions for You to see before You purchase a Plan. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

    2. 16.2  As required by the Regulations:

      1. 16.2.1  all of the information described in sub-Clause 16.1; and

      2. 16.2.2  any other information which We give to You about the Services, or about Us or Our business which you take into account when deciding to purchase a Plan, or when making any other decision about the Services,

      will be a part of the terms of Our contract with You as a Consumer.

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17. Law and Jurisdiction

  1. 17.1  These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

  2. 17.2  As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. 17.3  Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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