1. INTERPRETATION 1.1 Definitions in these Conditions, the following definitions apply: Abortive Charge: £60.00 inclusive of VAT and set out in Schedule Administrative Charge: £45.00 inclusive of VAT and set out in Schedule 1. Agreement: the Contract between the Supplier and the Customer for the Supply of Services as per the Customer's option of Service, namely: a) Homeowner – Plus Cover; b) Homeowner – Plus Cover with additional electric cover; c) Homeowner – Plus Cover with additional plumbing cover; d) Homeowner – Plus Cover with additional drainage cover; e) Homeowner – Plus Cover All Inclusive (with additional electric, plumbing and drainage cover); f) Homeowner – Flexi Cover; g) Homeowner – Flexi Cover with additional electric cover; h) Homeowner – Flexi Cover with additional plumbing cover; i) Homeowner – Flexi Cover with additional drainage cover; j) Homeowner – Flexi Cover All Inclusive (with additional electric, plumbing and drainage cover); k) Landlord – Plus Cover; l) Landlord – Plus Cover with additional electric cover; m) Landlord – Plus Cover with additional plumbing cover; n) Landlord – Plus Cover with additional drainage cover; o) Landlord – Plus Cover All Inclusive (with additional electric, plumbing and drainage cover); p) Landlord – Flexi Cover; q) Landlord – Flexi Cover with additional electric cover; r) Landlord – Flexi Cover with additional plumbing cover; s) Landlord – Flexi Cover with additional drainage cover; or t) Landlord – Flexi Cover All Inclusive (with additional electric, plumbing and drainage cover). Agreement Summary: a simplified breakdown of the Customer's cover from the Supplier, which forms part of the Agreement. The Agreement Summary will include information such as the Customer's name, the price of the Agreement and other information tailored to the Customer's Agreement. Annual Service Visit: a visit carried out by the Supplier in each Agreement period, to check that the Services included in the Agreement between the Supplier and the Customer are working and safe. Beyond Economical Repair: the point at which the Supplier estimates the cost to repair the Boiler exceeds its value based on the valuation of the boiler at the relevant time. Boiler: a domestic boiler up to 40 kilowatts. Business day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. Call Out: the call out of an engineer to the Property of the Customer in order to identify and resolve a fault. Call Out Charge: £75.00 inclusive of VAT and set out in Schedule 1. Cancellation Period: the period of 14 days beginning from the date the Contract is formed. Central Heating System: all pipework associated with the central heating system and controls (see diagram at Schedule 2). CHBC: Central Heating Breakdown Cover. Claim: a repair claim made by the Customer under the level of Service contained in the Customer's Agreement Summary. Commencement Date: has the meaning set out in clause 2.2. Conditions: these terms and conditions as amended from time to time in accordance with clause 27.8. Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions. Customer: the person or firm who purchases the Services from the Supplier. Customer Default: as defined at clause 20.2. Deliverables: the deliverables provided for an additional cost in addition to the Customer's option of Service. Drainage Cover: specified at clause 6. Drainage System: foul water pipework up to the Property boundary. Early Termination Charge: the remaining Monthly Subscriptions outstanding to the Supplier in accordance with the Agreement Summary including an Administrative Charge and Gas and Safety Check Charge Electrical System: as defined at clause 7.2. Engineer: an approved Gas Safe Registered Engineer. Excess: an amount the Customer pays as the first amount of each claim, if a Call Out Charge is payable under the level of Agreement chosen by the Customer. Force Majeure Event: has the meaning given to it in clause 26.1. Gas and Safety Check Charge: the charges incurred by the Supplier as displayed on the Supplier's website from time to time. Home Electrics Cover: specified at clause 7. Initial Inspection/Visit: means a visit carried out by the Supplier within 30 days of the commencement date of the Agreement to confirm we can accept the relevant parts contained under the Agreement between the Supplier and the Customer. Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. Landlord: the Property owner who does not reside in the Property named under the Agreement. Materials: the relevant materials used by the Supplier in accordance with any repairs or maintenance work. Maintenance Inspection: inspection/visit by an Engineer of the Supplier during a 24 month Agreement period. Monthly Subscription: the monthly payment (as specified in the Agreement Summary) due to be paid by the Customer to the Supplier for the supply of the Services in accordance with particular level of service taken by the Customer. Order: the Customer's order or request for the supply of Services made in writing or by telephone directly to the Supplier or via the Supplier's website. Plumbing Cover: specified at clause 5. Plumbing System: all pipework between stopcock and taps of the Property (see diagram at Schedule 2). Property: the address of the Property contained in the Agreement Summary. Services: the services supplied by the Supplier to the Customer. System: as described in the Customer's Agreement and in line with the Customer's option of Service. System Manufacturer: the manufacturer of the System. Supplier: All England Gas Services Limited registered in England and Wales with company number 6851127. Supplier Materials: has the meaning set out in clause 20.1(g) Upgrades: changes to the goods which will improve their efficiency or safety. The Agreement does not include the cost of upgrading the Customer's System but the Supplier will give the Customer 10% discount on labour for any Services that do not fall within the terms of this Agreement. 1.2 INTERPRETATION In these Conditions, the following rules apply: a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); b) a reference to a party includes its personal representatives, successors or permitted assigns; c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and e) a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT 2.1 The Order constitutes an offer by the Customer to purchase Services from the Supplier in line with their option of service in accordance with these Conditions. 2.2 The Order shall only be deemed to be accepted and the Contract formed, when the Customer provides the Supplier with a signed version of the Agreement or acknowledgement by electronic communication, at which point and on which date the Contract shall come into existence (Commencement Date). 2.3 The Supplier reserves the right to ask the Customer a variety of questions in connection with the Systems. Depending on the replies provided by the Customer, the Supplier reserves the right for an Initial Inspection to be carried out, which will occur at the earliest opportunity after the Commencement Date, either (at the discretion of the Supplier) at a mutually convenient time and if reasonable, within 30 days of the Commencement Date of the Agreement. 2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract. 2.5 Any descriptive matter or advertising issued by the Supplier and any descriptions of the Services contained in the Supplier's website issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force. 2.6 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.7 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
3. SUPPLY OF SERVICES 3.1 The Supplier shall provide the Services to the Customer in accordance with the Agreement in all material respects. 3.2 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event. 3.3 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
4. Central Heating Breakdown Cover 4.1 Where the Customer has chosen the Supplier's: a) Homeowner – Plus Cover; b) Homeowner – Plus Cover with additional electric cover; c) Homeowner – Plus Cover with additional plumbing cover; d) Homeowner – Plus Cover with additional drainage cover; e) Homeowner – Plus Cover All Inclusive; f) Homeowner – Flexi Cover; g) Homeowner – Flexi Cover with additional electric cover; h) Homeowner – Flexi Cover with additional plumbing cover; i) Homeowner – Flexi Cover with additional drainage cover; j) Homeowner – Flexi Cover All Inclusive; k) Landlord – Plus Cover; l) Landlord – Plus Cover with additional electric cover; m) Landlord – Plus Cover with additional plumbing cover; n) Landlord – Plus Cover with additional drainage cover; o) Landlord – Plus Cover All Inclusive; p) Landlord – Flexi Cover; q) Landlord – Flexi Cover with additional electric cover; r) Landlord – Flexi Cover with additional plumbing cover; s) Landlord – Flexi Cover with additional drainage cover; or t) Landlord – Flexi Cover All Inclusive. the following provisions of clause 4 apply. 4.2 If provided in the Customer's Agreement Summary, the Service provided under this Agreement includes maintenance and repair in the event of a breakdown of the Customer's domestic gas Central Heating System at the Property detailed in the Agreement Summary. 4.3 Upon entering into this Agreement an Initial Inspection will be conducted by the Supplier to identify any pre-existing problems with the System. 4.4 The Customer will be entitled to one Annual Service Visit within each continuous 12 month period from the Supplier. 4.5 The CHBC also covers the Customer for maintenance and repair in the event of a breakdown of the Customer's Boiler, central heating controls, radiators, pipes and valves essential to the normal operation of the Central Heating System. 4.6 If the Customer's Boiler is: a) under 5 years old; b) has a full service history; and c) is irreparable the Supplier will replace the Boiler free of charge. 4.7 If the Customer's Boiler is: a) under 10 years old but older than 5 years old and in the opinion of the Supplier is Beyond Economical Repair; or b) the Supplier cannot readily obtain spare parts the Customer will be entitled to a £300.00 contribution towards a new boiler supplied by the Supplier which the Supplier deems fit for purpose. 4.8 If the Customer's Boiler is: a) 10 years old or more and in the opinion of the Supplier is Beyond Economical Repair; or b) the Supplier cannot readily obtain spare parts the Customer will not be entitled to a contribution or discount towards a new boiler. 4.9 The Supplier will use reasonable endeavours to repair the System in the event of a breakdown. 4.10 An Excess may be payable, this will depend on the level of service the Customer has chosen. If payable, payment of the Excess will need to be made prior to the Engineer attending the Customer's Property. 4.11 All labour, parts and Materials for plumbing, gas and drainage repairs on each job (regardless of duration to complete) are included to a maximum value of £1,000.00 inclusive of VAT. 4.12 All labour, parts and Materials for central heating repairs on each job (regardless of duration to complete) are included to a maximum value of £5,000 inclusive of VAT. 4.13 The CHBC provided by the Supplier is subject to exclusions as listed in clause 14.
5. PLUMBING COVER 5.1 Where the Customer has chosen the Supplier's: a) Homeowner – Plus Cover with additional plumbing cover Agreement; b) Homeowner – Flexi Cover with additional plumbing cover Agreement; c) Homeowner – Plus Cover All Inclusive Agreement; d) Homeowner – Flexi Cover All Inclusive Agreement; e) Landlord – Plus Cover with additional plumbing cover Agreement; f) Landlord – Flexi Cover with additional plumbing cover Agreement; g) Landlord – Plus Cover All Inclusive Agreement; or h) Landlord – Flexi Cover All Inclusive Agreement the following provisions of clause 5 apply. 5.2 If provided in the Customer's Agreement Summary, the Plumbing Cover provided by the Supplier to the Customer includes the maintenance and repair of the domestic Plumbing System at the Property. 5.3 It is a requirement of the Services provided by the Supplier that an Initial Inspection will be conducted by the Supplier's Engineers. 5.4 It is for the Supplier to determine whether they are able to enter into the Agreement with the Customer following the Initial Inspection. 5.5 If the Supplier determines that the Agreement with the Customer can commence, the Supplier will be responsible for the following: a) the provision of one Maintenance Inspection during each consecutive 12 month period of the Agreement from the Commencement Date; b) maintenance and repair of the Plumbing System running from the mains stopcock to the taps, including any external taps fixed to the main dwelling, cold water storage tanks, hot and cold supply pipes, sanitary fittings, valves within the envelope of the Property; c) maintenance of hot water storage tanks that are less than 10 years old and/or are deemed economically viable to repair; d) attempting to make the Property and its contents safe from additional material damage if this is caused by and attributable to a breakdown of the Plumbing System; e) the maintenance of leaking overflow pipes, leaks to central heating water pipes or radiator valves, Lagged pipes inside the main dwelling that burst as a result of cold weather (subject to exclusions); f) the maintenance of flexible pipes to properly plumbed-in washing machines, dishwashers and refrigerators providing that they have been installed in accordance with the relevant instructions manual; and g) the Supplier will use reasonable endeavours to repair the System in the event of a breakdown. 5.6 All labour, parts and Materials for plumbing, gas and drainage repairs on each job (regardless of duration to complete) are included to a maximum value of £1,000.00 inclusive of VAT. 5.7 All labour, parts and Materials for central heating repairs on each job (regardless of duration to complete) are included to a maximum value of £5,000 inclusive of VAT. 5.8 The Plumbing Cover provided by the Supplier is subject to exclusions as listed in clause 15.
6. INTERNAL AND EXTERNAL DRAINAGE COVER 6.1 Where the Customer has chosen the Supplier's: a) Homeowner – Plus Cover with additional drainage cover Agreement; b) Homeowner – Flexi Cover with additional drainage cover Agreement; c) Homeowner – Plus Cover All Inclusive Agreement; d) Homeowner – Flexi Cover All Inclusive Agreement; e) Landlord – Plus Cover with additional drainage cover Agreement; f) Landlord – Flexi Cover with additional drainage cover Agreement; g) Landlord – Plus Cover All Inclusive Agreement; or h) Landlord – Flexi Cover All Inclusive Agreement the following provisions of clause 6 apply: 6.2 If provided in the Customer's Agreement Summary, the Drainage Cover provided by the Supplier to the Customer includes the repair or replacement of parts which the Supplier is unable to repair, subject to the exclusions in clause 16. 6.3 The Supplier will also aim to unblock drains to restore flow caused by accidental damage and unblocking, repairing and getting to waste drainage pipes that are inside the Customer's Property (e.g. unblocking sinks). 6.4 The Drainage Cover provided by the Supplier is subject to exclusions as listed in clause 16.
7. HOME ELECTRICS COVER 7.1 Where the Customer has chosen the Supplier's: a) Homeowner – Plus Cover with additional electric cover Agreement; b) Homeowner – Flexi Cover with additional electric cover Agreement; c) Homeowner – Plus Cover All Inclusive Agreement; d) Homeowner – Flexi Cover All Inclusive Agreement; e) Landlord – Plus Cover with additional electric cover Agreement; f) Landlord – Flexi Cover with additional electric cover Agreement; g) Landlord – Plus Cover All Inclusive Agreement; or h) Landlord – Flexi Cover All Inclusive Agreement the following provisions of clause 7 apply: 7.2 If provided in the Customer's Agreement Summary, the Home Electrics Cover provided by the Supplier to the Customer includes repairs to the Electrical System on the Customer's Property; in particular the following will be included in the Agreement: a) the fuse box and any wiring to the Customer's electrical fixtures; b) light fittings and switches, sockets, isolation switches and the Customer's immersion heater time switch; c) the Customer's extractor fans up to 15cm diameter; d) the Customer's doorbells and smoke alarms that are connected to the wiring; and e) the Customer's doorway and security lighting attached to the Property or outbuildings less than 10 metres above the ground. (Electrical System) 7.3 The Supplier will provide replacement parts where the Supplier is unable to repair the Electrical System; subject to exclusions in clause 17. 7.4 The Supplier will provide replacement parts with similar functionality but not necessarily the same features or an identical make and model or type of fitting, for example the Supplier may replace a specific electric switch with a standard white electric switch. 7.5 The Home Electrics Cover provided by the Supplier is subject to exclusions as listed in clause 17.
8. INITIAL INSPECTION 8.1 If your Agreement includes an Initial Inspection, the Supplier will arrange to inspect the System at a mutually convenient time to make sure it is safe and in good working order. 8.2 The Supplier will normally aim for an Engineer to carry out the Initial Inspection within 30 days of the Commencement Date of the Agreement, although this may be later depending on the circumstances at the relevant time. 8.3 During the interim period between the Commencement Date and the Initial Inspection, please note that the Supplier will not owe the Customer any contractual obligations in accordance with the Services. For the avoidance of doubt, the Supplier does not warrant or guarantee to repair, maintain or service the Systems until the Initial Inspection has taken place. 8.4 During the Initial Inspection, the Engineer will complete a safety inspection checklist to confirm what has been inspected. If the Inspection shows that there is a problem with the System, the Supplier may take the following options: a) advise the Customer of what work is needed and what will be the cost which will be payable in addition to the price stated in the Customer's Agreement; b) cancel the Agreement between the Customer and the Supplier and refund the Customer their money in accordance with the provisions of clause 22. 8.5 An Initial Inspection will not be carried out if the Supplier has previously carried out an Initial Inspection within the previous 12 months, regardless of whether there has been a change in ownership of the Property. 8.6 For the avoidance of doubt, the Customer will be under an obligation to continue to make payment of the Monthly Subscription during the period between the Commencement Date and the Initial Inspection.
9. ANNUAL SERVICE VISIT 9.1 If the Customer's Agreement Summary includes an Annual Service Visit, the Supplier will arrange to inspect the System to make sure it is safe and in good working order. 9.2 The Supplier will contact the Customer to arrange a visit to the Customer's home in the second and subsequent years of the Agreement to inspect the Customer's System to ensure it is safe and in working order. 9.3 An Annual Service Visit will usually be carried out in or around 12 months from the date of the last Annual Service Visit, where it is reasonable for the Supplier to do so.
10. GAINING ACCESS TO THE PROPERTY AND ARRANGING APPOINTMENTS 10.1 It is the Customer's responsibility to ensure that the Supplier and its Engineers can gain access to the Customer's Property. 10.2 If the Supplier is unable to gain access to the Property and the Customer had failed to contact the Supplier to rearrange an appointment, the Supplier, may at its discretion, charge the Customer an Excess in addition to the Agreement price. 10.3 If after a second visit to the Customer's Property the Supplier is still unable to gain access to the Property, the Supplier may at its discretion, contact the Customer to advise that the Agreement is cancelled and that any remaining sums due under the Agreement will be payable to the Supplier including an Abortive Charge.
11. PRICE AND LENGTH OF THE AGREEMENT 11.1 The price for the Agreement shall be the price set out in the Agreement at the Commencement Date. 11.2 The length of the Agreement will be shown on the Agreement and will continue for the duration of the Agreement from the Commencement Date. 11.3 The Agreement is payable up front as a one off fee, prior to the Commencement Date of the Contract, or as monthly payable Contracts, renewable at the end of your period of Agreement. 11.4 The charges for Additional Services and Upgrades shall be on a time and materials basis: a) the charges shall be calculated in accordance with the Supplier's standard daily fee rates, as set out in the schedule of rates available on the Supplier's website; and b) the Supplier's standard daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm. 11.5 The charges for Additional Services and Upgrades shall be payable up front and the Supplier shall provide the Customer with a receipted invoice upon payment. 11.6 The Supplier reserves the right to: a) increase its standard daily fee rates for the charges for the Services, provided that such charges cannot be increased more than once in any 12 month period. The Supplier will give the Customer written notice of any such increase 3 months before the proposed date of the increase. If such increase is not acceptable to the Customer, it shall notify the Supplier in writing within 4 weeks of the date of the Supplier's notice and the Supplier shall have the right without limiting its other rights or remedies to terminate the Contract by giving 8 weeks' written notice to the Customer; and b) increase the price of the Services, by giving notice to the Customer at any time before the provision of Services, to reflect any increase in the cost of the Services to the Supplier that is due to: (i) any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, Materials and other manufacturing costs); (ii) any request by the Customer to change the delivery date(s); or (iii) any delay caused by any instructions of the Customer in respect of the Services or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Services. 11.7 The Customer shall pay each invoice submitted by the Supplier: a) within 30 days of the date of the invoice; and b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract. 11.8 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services. 11.9 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. The Customer shall pay the interest together with the overdue amount. 11.10 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
12. MATERIALS 12.1 The Customer agrees that the Supplier may not use like-for-like Materials in all instances. However, all Materials used will be suitable and of sufficient quality to carry out the repairs. 12.2 If the Supplier's Engineer does not carry the spare parts or Materials needed on the day of the Customer's appointment, the Supplier will attempt to get the spare part by the next working day where it is reasonable for the Supplier to do so.
13. CLAIM 13.1 Should the Customer wish to make a Claim in accordance with the level of Service as detailed in the Customer's Agreement Summary, they should contact the Supplier by telephone on 01642 937030 or email to info@allenglandgas.co.uk in order to report the fault to the Systems. The fault should be reported by the Customer as soon as reasonably practicable. For the avoidance of doubt, the Claim cannot be dealt with until the Supplier has been notified accordingly. 13.2 The Supplier will liaise with the Customer to arrange a mutually convenient time for a Call Out to take place and an Engineer to attend in order to identify and resolve the fault. For the avoidance of doubt, the Supplier may not be able to resolve the fault and repair the Systems on the first visit, subject to what Materials are required in order to repair the Systems. In such circumstances, the Supplier is under no obligation to repair the Systems on the first visit. 13.3 In accordance with any Claim made by the Customer, the Excess (if applicable) will be due to be paid by the Customer to the Supplier. The Supplier reserves the right to withhold carrying out such repairs or maintenance work required until the Excess has been paid in full. 13.4 Should any of the work or repairs required to repair the Systems fall outside of the Customer's level of Service, the Supplier will be under no liability whatsoever to carry out the work or repairs. The Supplier will however inform the Customer of this as soon as possible, and prior to carrying out any ancillary repair or maintenance works (which fall outside of the level of Service). Should the Customer wish for the Supplier to provide ancillary repair or maintenance work (which fall outside of the level of Service), the Supplier will enter into a separate Contract directly with the Customer in accordance with the ancillary works which the Customer wishes to instruct the Supplier to carry out.
14. CHBC Exclusions 14.1 The CHBC provided by the Supplier is subject to exclusions, including, but not limited to the following: a) maintenance, repairs or Call Outs for the System before the Initial Inspection and confirmation from the Supplier that the System has passed the Initial Inspection; b) where the Supplier has conducted an Initial Inspection and the 30 day time limit for rectifying any existing defect has expired subject to clause 10.3. c) maintenance and/or repair of warm air, piped under floor Central Heating Systems or any non mains gas powered Systems such as electric, oil, propane and solid fuel or any air conditioning System or appliance or any other non-water based System; d) maintaining, replacing or breakdown of any appliances at the Property (subject to gas fire/oven/hob if present at the Property at the time of service); e) repairs to Boilers where repairs are not practicable or are uneconomic, or repairs to any Boilers where spare parts are not readily available subject to clause 4.6; f) removing lime-scale, sludge or other deposits from the Boiler or other parts of the system; g) maintaining or replacing flues that are not part of the Customer's Boiler, and replacing flues which fail to meet current standards; h) work required to be performed as a result of the Initial Inspection or service as described in clause 8; i) design faults in the System; j) any item not installed or serviced to the manufacturer's specifications; k) faults which existed before the date of the Agreement; l) enhancing or upgrading the System or its performance for any reason, including bringing it to current standards and installing thermostatic radiator valve; and m) maintenance or repairs to a second Central Heating System at the Property. n) maintenance or repairs are required due to damage caused by animals including but not limited to rodents, insects and other pests and vermin. 14.2 The Agreement applies only to the Customer's primary Central Heating System (as determined by us and detailed in the Agreement Summary) if there are more than one. 14.3 The Supplier retains the right to add to the exclusions from time to time.
15. PLUMBING COVER EXCLUSIONS 15.1 The Plumbing Cover provided by the Supplier is subject to exclusions, including the following: a) the maintenance or repairs of the Customer's System before the Initial Inspection has been conducted and the time limit for serving notice of any existing defect has expired; b) repairing or replacing taps or washers within taps; c) repairing or replacing air conditioning units; d) repairing or replacing the mains cold water stopcock, water softeners, shower pumps and mixer valves, combined overflow and pop up waste mechanism, mechanical pumps, water filters, swimming pools, decorative garden features, rainwater pipes and guttering, macerators such as Saniflo, and electrical units for toilets; e) the associated cost, including parts and labour, of getting to the Customer's System where the System is inaccessible due to a design fault; and f) maintenance or repairs are required due to damage caused by animals including but not limited to rodents, insects and other pests and vermin. 15.2 The Supplier shall not be responsible for repairing or replacing the Plumbing System where blockages are caused by foreign external objects, including but not limited to toys, toilet fresheners, baby wipes and sanitary products. 15.3 The Supplier retains the right to add to the exclusions from time to time.
16. DRAINAGE COVER EXCLUSIONS 16.1 The Drainage Cover provided by the Supplier is subject to exclusions, including the following: a) rainwater guttering and downpipes; b) manholes and manhole covers; c) soakaways; d) septic tanks; e) cesspits; f) macerators; g) treatment plants; h) other outflow pipes; i) cleaning and descaling of the Customer's drains; and j) any drains shared by the Customer and another party. 16.2 The Supplier shall not be responsible for repairing or replacing the Drainage System where: a) blockages are caused by foreign external objects, including but not limited to toys, toilet fresheners, baby wipes and sanitary products; b) damage is caused by animals including but not limited to rodents, insects and other pests and vermin; and c) damage is caused by plant or tree root growth. 16.3 The Supplier retains the right to add to the exclusions from time to time.
17. HOME ELECTRICS COVER EXCLUSIONS 17.1 The Home Electrics Cover provided by the Supplier is subject to exclusions, including the following: a) electrical appliances; b) showers and their parts; c) cooker extractor hoods; d) storage and panel heaters; e) underfloor heating; f) controls; g) pumps; h) smoke alarms; i) carbon monoxide detectors; j) timers and programmers; k) solar panels and inverters; l) electricity supply cable to the Customer's fuse box; m) power cables between the Customer's home and any detached outbuildings of the Customer's Property; n) any repairs to the electrics in the Customer's outbuildings if the supply is connected to a separate electricity metre other than that contained in the Customer's own home; o) rubber or lead covered cables; p) air conditioning units; q) warm air units; r) complete System rewire; and s) maintenance or repairs are required due to damage caused by animals including but not limited to rodents, insects and other pests and vermin. 17.2 The Supplier retains the right to add to the exclusions from time to time.
19. SUPPLIER'S OBLIGATIONS 19.1 The Supplier shall: a) make all reasonable endeavours to provide the Services with reasonable care and skill; b) ensure that any Materials used in connection with supplying the Services are of satisfactory quality; c) ensure that all Services provided to the Customer are carried out in accordance with:- (i) any laws and regulations which are applicable at the time the Services are to be supplied; and (ii) the System Manufacturer's instructions and guidelines; d) ensure that the Systems and their surrounding areas are left in a safe, clean and tidy condition; e) remove and dispose of any parts, components or equipment, removed from the Systems or other appliances, during any repair or maintenance works, in such way as they are required to by law; and f) subject to the Supplier's discretion, remove or dispose of any old parts or unwanted Materials upon the instruction of the Customer. 20. CUSTOMER'S OBLIGATIONS 20.1 The Customer shall: a) ensure that the terms of the Order and (if submitted by the Customer) are complete and accurate; b) co-operate with the Supplier in all matters relating to the Services; c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer's Property, office accommodation and other facilities as reasonably required by the Supplier to provide the Services; d) provide the Supplier with such information and Materials as the Supplier may reasonably require to supply the Services, and ensure that such information is accurate in all material respects; e) prepare the Customer's Property for the supply of the Services; f) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and g) keep and maintain all Materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer's premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier's written instructions or authorisation. 20.2 If the Supplier's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default): a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations; b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 20.2; and c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
21. MANUFACTURER'S WARRANTY If the Boiler is still within the manufacturer's warranty period, the Supplier will contact the manufacturer and arrange for the fault to be repaired via the manufacturer.
22. RIGHTS OF CANCELLATION 22.1 The Customer may cancel the Agreement with the Supplier at any time by writing to the Supplier at Lakeside House, Kingfisher Way, Stockton-on-Tees, TS18 3NB or contacting by email on info@allenglandgas.co.uk. If the Customer cancels their direct debit with the Supplier, this will cancel the Agreement with the Supplier with immediate effect. 22.2 If the Customer cancels the Agreement within the 14 day Cancellation Period, the Customer will be entitled to a full refund. For the avoidance of doubt, should a Customer make a Claim or require any work to be carried out to the Systems, by the Supplier, during the Cancellation Period, then it is agreed that this will be deemed as ancillary works, which fall outside of the Services (and the Customer's chosen level of Service). The Supplier will proceed to enter into a separate Contract directly with the Customer in accordance with any ancillary works which the Customer wishes to instruct the Supplier to carry out during the Cancellation Period. 22.3 If the Customer cancels the Agreement with the Supplier part way through the period of the Agreement and the Customer has had work from the Supplier in relation to the Agreement, the Customer will be liable for the remainder of the fee due under the Agreement. 22.4 The Customer will, in addition to the fee payable for the remainder of the Agreement, be liable for an Administrative Charge. . 22.5 The Supplier may cancel the Agreement in the following circumstances: a) if the Customer has given the Supplier false information; b) if the Customer's System has an output of more than 40kw; c) the Customer's Property has more than 6 bedrooms and 2 bathrooms; d) if the Customer fails to allow the Supplier access to their Property or fails to attend two scheduled appointment's without first notifying the Supplier of any relevant changes to the date or time of the appointment; e) if any part of the Customer's System is not being used in accordance with System Manufacturer's instructions; f) if the Customer's System has been abused or mistreated, including being subjected to unusual physical or electrical stress; g) if the Supplier finds that there is something wrong with the Customer's System in the Initial Service; h) if the Supplier reasonably believes there are any health and safety issues; i) if the Supplier reasonably believes there is a permanent fault in the System which cannot be rectified at a reasonable cost or a fault which prevents the delivery of any of the Services in accordance with the Customer's level of Service; j) if the Supplier loses any relevant accreditations required for providing the Services agreed; or k) the Supplier ceases trading. 22.6 If the Supplier cancels the Agreement with the Customer after the Initial Service, the Customer will be entitled to a refund less the Early Termination Charge and the cost of any repair or maintenance works already carried out between the Commencement Date and the date of termination. 22.7 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment. 22.8 Without limiting its other rights or remedies, the Supplier may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under this Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 22.5, or the Supplier reasonably believes that the Customer is about to become subject to any of them. 22.9 On termination of the Contract for any reason: a) the Customer shall return all of the Supplier Materials and any Deliverables which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer's Property and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract; b) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
23. INTELLECTUAL PROPERTY RIGHTS 23.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. 23.2 All Supplier Materials are the exclusive property of the Supplier.
24. CONFIDENTIALITY A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause 24 as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 24 shall survive termination of the Contract.
25. Limitation of liability 25.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for: a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; b) fraud or fraudulent misrepresentation; c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or e) defective products under the Consumer Protection Act 1987. 25.2 Subject to clause 25.1: a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5,000,000.00. 25.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. 25.4 This clause 25 shall survive termination of the Contract.
26. FORCE MAJEURE 26.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. 26.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. 26.3 If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 8 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
27. GENERAL 27.1 Complaints a) The Supplier will always endeavour to provide the highest quality service but if the Customer has a complaint, the Customer should write to the Supplier with the basis of the complaint within 28 days; b) If the complaint is not received within 28 days the Supplier may deem the complaint to be invalid as the Supplier's ability to investigate the complaint may be compromised; c) Upon receiving the complaint, within 28 days, the Supplier will send an Engineer to first assess the basis of the complaint and, if required, rectify any problem; d) If the problem remains unresolved the Supplier will aim to resolve the problem within 30 days by such actions deemed appropriate by the Supplier. 27.2 Assignment and other dealings. a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party. b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract. 27.3 Notices. a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail. b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 28.3a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission. c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action 27.4 Severance. a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 27.4 shall not affect the validity and enforceability of the rest of the Contract. b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. 27.5 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 27.6 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way. 27.7 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms. 27.8 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier. 27.9 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 27.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Early Termination Charge The remaining Monthly Subscriptions outstanding to the Supplier in accordance with the Agreement Summary including a £45.00 Administrative Charge and Gas and Safety Check Charge.