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Terms and conditions on which Gaswise Services Limited provides its maintenance services

Gaswise Services Limited provides its services on the following terms and conditions.

1) The meaning of some words used in these terms and conditions

'we', 'us' or 'our' is a reference to Gaswise Services Limited
'you' or 'your' is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide
'Parties' is a reference to both us and you
'Premises' means your residence or other property that we agree that we will provide the Services; and
'Services' means the advice, assistance and the provision of maintenance and repair services in relation to your boiler or other gas appliances and/or central heating system. The precise Services we will be providing to you will be stated on the [order form] and as we agree from time to time.
Primary Area' means a geographical area within a 20 mile radius of our office at Horsleys Fields Industrial Estate, King’s Lynn, Norfolk, PE30 5DD
'Standard Rates means our standard prices for services applicable from time, which are available on request

2) Entering into a legally binding contract

2.1 A contract between you and us will come into being in one of two ways:
2.1.1 when you sign the order form we and you will enter into a legally binding contract on the date that the order form is received and accepted by us.
2.1.2 where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
2.2 We suggest that before you sign the order form or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
2.3 You should keep a copy of these terms and conditions for your records.

3) Providing the Services

3.1 Our aim is to always provide you with the Services:
3.1.1 using reasonable care and skill;
3.1.2 in compliance with commonly accepted practices and standards in the Gas services industry;
3.1.3 in compliance with applicable laws and regulations in force at the time we are carry out the Services.
3.2 We will endeavour to ensure that an engineer attends your Premises on the same day as your telephone call to report the fault, provided that your telephone call to report the fault was received by:
(a) 11:00am if the Premises are located in the Primary Area
(b) 9:00am if the Premises are located outside the Primary Area
If your Premises are not within the Primary Area we reserve the right not to accept your order for maintenance and repair services.
3.3 Same day call outs will be subject to availability of an engineer in the relevant area and if it is not possible to attend the Premises on the same day we will let you know.
3.4 Clause 3.2 does not apply if you are a Premier Plus customer, in which case we guarantee to provide a same day call out [(subject to clause 3.3).]

4) Inspection

4.1 The nature of the Services requires that we carry out an initial inspection of your boiler or other appliances or central heating system so that we can ascertain if we are able to or prepared to provide the Services.
4.2 This inspection will normally be carried out during our first visit or service call and this will take place at an agreed time between April and September in the first year of this agreement.
4.3 If existing faults are found during this inspection we will prepare a report setting out the details determined and investigated under clause 4.1. If we believe the system or appliance is dangerous we will inform you at the time of the inspection.
4.4 If after carrying out the initial inspection we consider that:
4.4.1 your appliances, boiler or central heating system are in such a condition that the amount of repairs needed to be provided is substantially in excess of that envisaged by us; and/or
4.4.2 there are technical or practical reasons why the provision of the Services would be uneconomical; and/or
4.4.3 we are unable to provide the Services for safety reasons or due to inaccessibility; then we shall have the right to cancel the contract. If we choose to do so we will refund all sums you have paid (less our costs for any callouts or previous work carried out at our Standard Rates) and if you wish, provide written reasons for the cancellation.
4.5 If, following our inspection, we choose to continue to provide the Services this does not amount to our confirmation that the appliances, boiler or central heating system has been adequately or legally installed.

5) Duration of this Agreement

5.1 This contract is for a period of 12 months commencing on the date the order form is received and accepted by us.
5.2 We will write to you before the expiry of the 12 month contractual period to inform you that your contract is to be renewed and to inform you of any changes to our service or our prices. If you do not wish to renew your contract you must let us know [in writing]. If we do not receive your [written] confirmation that you do not wish to renew, the contract will automatically be renewed for a further 12 months.
5.3 We reserve the right not to offer to renew the contract at our absolute discretion.

6) Payments

6.1 Payment of the annual fee may be made in advance or by monthly instalments by direct debit. A fee of £6.00 annually will be charged for monthly instalments
6.2 All amounts stated (whether orally or in writing) are inclusive of VAT.
6.3 If you fail to make payment by the date or time we and you agree we may:
6.4.1 charge you interest at Barclays Bank PLC's base interest rate plus 3% on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or
6.4.2 suspend performing the Services until you make payment.

7) General Conditions

7.1 The Services provided under this agreement are restricted to appliances, boilers and central heating systems that are installed in your private residence or a property owned by you that is used as a private dwelling. We reserve the right not to provide the Services if more than 20% of the property served by the appliance/boiler or system is used for commercial purposes.
7.2 If we give you advice in relation to the use or maintenance of your appliances, boiler or system and you choose not to follow our advice we reserve the right not to provide the Services. The contract will continue unless cancelled in accordance with clause 12 or 13
7.3 Our engineers must be accompanied at all times during at the Premises by an adult aged 18 or over. If this is not possible we will arrange an alternative time slot to attend the Premises when an adult will be available.
7.4 If you report a fault during a weekend or a bank holiday we may not have sufficient engineers on call to respond to your report. Your order form will state the level of cover and whether we agree to provide same day call outs on weekends or bank holidays. The Premier Plus package includes bank holiday and weekend callouts subject to the exclusions contained in these terms and conditions.
7.5 If your appliance, boiler or central heating system are altered or modified in any way you must inform us immediately or in any event prior to any work being carried out by us.
7.6 The maximum value of Services we will provide (including the cost of replacement parts) is £900 inc VAT (based on our Standard Rates) during the 12 month contractual period and thereafter the Services shall be limited to a value of £900 inc VAT in any 12 period for which the contract is renewed.
7.7 If we are unable to obtain the parts required to repair your appliance, boiler or system or they are beyond economical repair we will give you an allowance of £500 inc VAT (provided this does not exceed the maximum value of the Services as outlined in clause 7.6 above) towards the cost of a new boiler, system or appliance provided that we are instructed to provide the replacement within the contractual period.
7.8 If the maintenance of gas pipes is included in the Services and there is a gas escape within the fabric of the building, a new gas supply shall be installed.
7.9 The benefit of this contract may be transferred to the new owner of the Premises in the event of a change of ownership provided all payments have been made up to date and the contract will continue for the remaining contractual period with the liability for any further payments passing to the new owner.

8) Situations or events outside our reasonable control

8.1 There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs we will normally attempt to perform the Services as soon as the situation which has prevented us from performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
8.2 The following are examples of events or situations which are not within in our reasonable control:
8.2.1 where weather conditions make it impossible or unsafe for us to perform any of the Services;
8.2.2 where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work);
8.2.3 where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
8.2.4 for other some unforeseen or unavoidable event or situation which is beyond our control.
8.3 If the delay in us performing the Services will be excessive then we will offer you the option of either:
8.3.1 continuing to wait until we are able to perform the Services.; or
8.3.2 allowing you to cancel the contract. If you choose this option then you will have to pay for any Services we have performed at our standard rates up to the date of cancellation.

9) Exclusion and limitation of liability

9.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
9.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. We exclude all liability for economic loss arising out of a breach of this contract.

10) Exclusions from the Services

10.1 We will not provide the Services in relation to:
10.1.1 problems that have arisen from defective installation or parts;
10.1.2 defects in the boiler, appliance or central heating system that is due to a design fault;
10.1.3 faults that cannot be ascertained after an inspection by our engineer;
10.1.4 resetting controls, for example temperature and time controls;
10.1.5 any work required to bring the appliance, boiler or system up to date with current standards. If work is needed we reserve the right not to accept the order for Services;
10.1.6 the removal of any asbestos from the appliance or system. A certificate will be required following the removal of any asbestos before we commence any work;
10.1.7 replacing any steel, iron or lead pipes;
10.1.8 repairs that are necessary following any problems with your gas, water or electricity services;
10.1.9 any Services that we are not prepared to perform for Health and Safety reasons in relation to any risk to the safety of our engineers;
10.1.10 damage caused by freezing conditions, water damage or third party interference or failed repairs;
10.1.11 damage to any part of your property, heating system or personal items that are not included in the items listed on the order form including but not limited to pipes and cables that are within walls and floors, radiators, valves, hot water pipe work or cold water domestic storage cistern;
10.1.12 installing power flushing or replacing system inhibitors;
10.1.13 any repairs in the first 14 days of the contractual period
10.1.14 hard water damage; and
10.1.15 water supply pipes and secondary circulation pipes, pumps and secondary flue systems: and
10.1.16 gas pipe work connecting the meter to the appliance isolation point and the electrical supply to the isolation point.
10.1.17 regulators, changeover valves and gas bottles on LPG fired systems.

11) Communicating with each other

11.1 You can always telephone (our main contact number is 01553 769 404).
11.2 However, for important matters we suggest that you use writing and send any communications by post to The Manager, Service Department at our King’s Lynn office address, which has been provided in clause 1.
11.3 If you wish to send us any notice or letter then it needs to be sent to the above address and should be marked for the attention of the Service Department. If we wish to send you a letter or notice we will use the address you have given on the order form.

12) Cancellation by you

12.1 Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
12.2 You may cancel the contract within the first 14 days of the contractual period and you will be entitled to a full refund of any sums paid.
12.3; If we agree to cancel the contract following the first 14 days of the contractual period then you will be responsible for the cost of any of our time, labour costs and costs of materials [or spare parts] used in performing the Services;
12.4 If you:
12.4.1 purport to cancel the contract; or
12.4.2 give notice purporting to cancel; or
12.4.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in clause 12.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.

13) Cancellation by us

13.1 We reserve the right to cancel this contract if:
13.1.1 you have provided false information; or
13.1.2 we are unable to perform the Services due to the unavailability of new spare parts; or
13.1.3 you do not follow our advice in relation to the maintenance or repairs of the appliances, boiler or central heating system.

14) Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:
14.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or
14.2 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
14.3 Where we are making any amendment we will give you [30] days' prior notice (unless the contract is terminated before that period).

15) Contracts (Rights of Third Parties) Act 1999

15.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

16) Law and jurisdiction

16.1 This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
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