Boiler Service Plans – Terms and Conditions
INTRODUCTION
These Terms and Conditions set out an agreement under which, subject to certain limitations and qualifications as detailed below, Emergency Hero aims to provide a safe and efficient service to maintain and repair your central heating system at your property. These Terms and Conditions apply to the agreement between you and Emergency Hero. Please read this document carefully, together with your agreement summary, so that you fully understand the contract provided and what you can expect from your Emergency Hero contract. If you have any questions, please call Emergency Hero at 07451 288 419 or email help@emergencyhero.co.uk.
DOCUMENTATION
Your agreement summary confirms your agreement number, your details, the property address covered by the agreement, the boiler details, the central heating system details, any items excluded from cover, and the price payable by you for the Emergency Hero contract.
DEFINITIONS
Where the following words and phrases appear in these terms and conditions, they will have the following meanings. Where relevant, the plural can be taken to mean the singular and the singular can be taken to mean the plural.
“Agreement” means this contract between you and Emergency Hero whereby Emergency Hero is agreeing to fulfill and meet the terms contained therein, and you are agreeing to meet your obligations therein.
“Agreement Summary” means the simplified breakdown of your cover, which forms part of this agreement. “Beyond Economical Repair” means the point at which Emergency Hero estimates that the cost of the parts and labor required to carry out a repair exceeds the residual value of your boiler by reference to its age, condition, and type.
“Boiler” means the boiler that is used to heat your property, which Emergency Hero has agreed to maintain under this agreement, including all manufacturer-fitted components within the boiler, the associated controls, the first meter of flue pipe, including the flue terminal and the condensate pipework. It shall not include any other boiler located at the property.
“Boiler Service” means a Gas Safety Check and service of your gas-fired boiler to statutory requirements, manufacturer’s recommendations, and relevant codes of practice. This will be carried out by a Gas Safe Registered engineer as part of the initial inspection and annually thereafter. Relevant certificates are produced upon completion of each boiler service if required.
“Breakdown” means the sudden or unforeseen electrical or mechanical malfunction of the domestic gas-fired central heating system, which renders the system inoperable, or when any component of the central heating system is leaking or when two or more radiators are not working effectively.
“Central Heating System” means the gas-fired central heating system at the property, including the boiler, time & temperature controls, pumps, motorized valves, radiators, radiator valves, system pipework, hot water cylinder, feed & expansion tank, filling loop, and expansion vessel. If there is more than one boiler or central heating system at the property, this agreement applies only to one system, as detailed in the agreement summary.
“Commencement Date” means the date upon which the initial inspection is carried out by Emergency Hero, and you become registered as an Emergency Hero customer.
“Controls” means any programmer, time clock, room thermostat, cylinder thermostat, or frost thermostat connected to the central heating system.
“Engineer” means a qualified and approved Gas Safe Registered engineer. In the majority of cases, the engineer will be a direct employee of Emergency Hero. During busy periods, Emergency Hero may authorize a suitably qualified contractor to carry out the work on its behalf.
“Initial Inspection” means a physical check of the boiler and central heating system covered by the agreement to identify any pre-existing faults. This inspection is subject to clause 6 of this agreement.
“Labour” means the work carried out by the engineer to carry out a repair to the central heating system at your property.
“Part” means any item that is commonly used in the heating industry to carry out a repair to the central heating system at your property.
“Period of Agreement” means the length of time for which your agreement is to subsist.
“Property” means the private domestic dwelling as detailed in your agreement summary along with any covered garage or outbuilding directly attached to the dwelling. It excludes outside areas, such as detached garages, detached outbuildings, gardens, and driveways.
“We/Us/Our” means Emergency Hero (company registered no. XXXXXXXX) whose registered office is at Suite 1F Statham Link, Talbot Road, Stretford, Manchester M32 0FP.
“You/Your” means the person named in your agreement summary, together with the members of your household who normally live with you.
WHAT’S INCLUDED
For properties within postcodes normally served by Emergency Hero, your agreement includes the following:
4.1 After 12 months from the commencement date, one boiler service will be carried out within each continuous 12-month period.
4.2 In the event of a breakdown of your central heating system, Emergency Hero will aim to arrange an appointment within 24 hours for one of its engineers to attend your property to carry out a repair, unless it is impossible because of circumstances beyond Emergency Hero’s control.
4.3 If your boiler is less than 7 years old and in Emergency Hero’s opinion, it is beyond economic repair, or Emergency Hero cannot readily obtain spare parts, Emergency Hero will replace your boiler with an equivalent replacement boiler specified, supplied, and fitted by Emergency Hero. The replacement of the boiler includes the cost of installing it but does not include the cost of the boiler itself. It also does not include any upgrades required to your central heating system that you may request, or which are required by legislation or the cost of relocating the boiler. Emergency Hero will only use information provided by the manufacturer of the boiler to determine the actual age of the appliance.
4.4 If your boiler is over 7 years old and in Emergency Hero’s opinion, it is beyond economical repair, or Emergency Hero cannot readily obtain spare parts, Emergency Hero will provide a discount of £200 (including VAT) towards the complete cost of an equivalent replacement boiler specified, supplied, and fitted by Emergency Hero.
4.5 If a power-flush is recommended by Emergency Hero and carried out by Emergency Hero at your expense, then any subsequent power-flushing that Emergency Hero determines is necessary within the following 5 years will be carried out by Emergency Hero without further charge to you, providing that you have retained continuous Emergency Hero cover.
4.6 If your boiler breaks down within 30 Days of beginning your policy and you request attendance, Emergency Hero reserves the right to charge up to £150.00 (including VAT) for the labour.
4.7 All labour, parts, and materials for repairs and access costs are included up to a maximum of £250 (including VAT) for each breakdown, whether such breakdown requires one or more visits to complete.
4.8 All parts will be suitable and of sufficient quality to carry out the repairs, subject to clause 8 of this agreement.
4.9 Emergency Hero will provide a customer helpline which is available 24 hours a day, 365 days a year.
EXCLUSIONS
Your agreement does not include the following:
5.1 Any repairs or upgrades required as a result of pre-existing faults which existed before the agreement was entered into, or existing faults which Emergency Hero was unable to identify on its initial inspection of the central heating system, using reasonable care and skill.
5.2 Maintenance or repairs to the central heating system following the expiry of a 30-day time limit for rectifying any existing defects identified during the initial inspection.
5.3 Repairs or upgrades required as a result of the initial inspection or to improve the performance of the central heating system, including bringing it up to current standards.
5.4 Any repairs or upgrades required as a result of design faults which existed before the agreement was entered into.
5.5 Maintenance or repairs to solar hot water systems, heat pumps, systems not fuelled by natural gas (for example, electricity, biomass, etc.), or any boiler over 70kW and/or not designed for domestic use.
5.6 Maintenance or repairs to any other appliances at the property (for example, cookers, hobs, wall heaters, stoves, gas fires).
5.7 Maintenance or repairs to your boiler if it is beyond economical repair or repairs to your boiler where spare parts are not readily available from a UK supplier, subject to clauses 4.3 and 4.4 of this agreement.
5.8 Repairing damage caused by scale, sludge, or other debris if Emergency Hero has advised you that permanent repairs, improvements or a power-flush are required and you have not taken the recommended action.
5.9 Repairing or replacing flues, including the flue terminal, that are over 1 meter in length or which fail to comply with current standards.
5.10 Repairing or replacing parts of your central heating system and controls that are specifically designed for underfloor heating or swimming pools.
5.11 Repairing or replacing immersion heaters, secondary hot water circulation pumps or booster pumps.
5.12 Repairing or replacing domestic cold water storage tanks, cold water supply and distribution pipes, or hot water distribution pipes.
5.13 Repairing or replacing cast iron radiators, designer radiators, or fan-assisted convectors.
5.14 Repairing or replacing any steel, iron, lead, or non-approved plastic pipes.
5.15 Repairing or replacing any parts that do not affect how the central heating system operates, or any decorative or specialist parts.
5.16 Topping up of corrosion inhibitor levels (unless Emergency Hero has drained down the central heating system to carry out a repair).
5.17 Replacing any batteries required for your controls.
5.18 Resetting controls, such as thermostats and programmers following wintertime or summertime changes (unless carried out during a scheduled boiler service).
5.19 Repairing or replacing internet-connected heating control equipment (unless it was installed by Emergency Hero).
5.20 Removal of asbestos associated with repairing your central heating system. When you have had any asbestos removed, you must provide Emergency Hero with a clean air certificate before Emergency Hero can do any further work at your property.
5.21 Any loss or damage to your property as a result of your central heating system breaking or failing, including any cleaning required or any damage to fixtures or furniture (for example, damage caused by water leaks).
5.22 Any repairs required because of intentional or accidental damage by you or any third party.
5.23 Any repairs required because of flood, storms, freezing, lightning, fire, accident, explosion, subsidence, or any other extraneous cause.
5.24 For properties outside postcodes normally served by Emergency Hero, a separate agreement would need to be reached.
INITIAL INSPECTION
6.1 At the commencement of your agreement, Emergency Hero may carry out an initial inspection of your central heating system to make sure it is safe, in good working order, compliant with current standards, and to identify any pre-existing problems. The initial inspection is chargeable at Emergency Hero’s standard boiler service rates. If the initial inspection reveals an existing fault or issue, Emergency Hero may:
6.1.1 Advise you what work is required and what the cost to you will be, including parts and labor; or
6.1.2 If you decide not to rectify the existing fault or issue, Emergency Hero may cancel the agreement in accordance with clause 12 of this agreement.
6.1.3 Advise you that your boiler or central heating system is not approved by Emergency Hero as a make or type Emergency Hero is willing to support.
6.2 Any defects identified during the initial inspection must be rectified within 30 days, subject to clause 12 of this agreement.
6.3 Emergency Hero may not carry out an initial inspection if it has already carried one out at the property (irrespective of change of ownership) within the preceding 12 months.
ANNUAL SERVICE
Your agreement includes an annual boiler service. Emergency Hero will let you know when it is time to carry out the annual boiler service. Emergency Hero will normally carry out only one boiler service at a property (irrespective of change of ownership) in any 12-month period. Emergency Hero will then carry out a boiler service around the same time each year where possible, subject to the continuation of your agreement with Emergency Hero. Emergency Hero usually aims to carry out servicing between the months of July and September; however, this will depend on its workload and your availability. You can also call Emergency Hero at any time to arrange or rearrange your annual boiler service if it is due.
SPARE PARTS
If Emergency Hero’s engineer does not carry the spare parts required for your breakdown, Emergency Hero will do all it reasonably can to source the parts the following working day from its approved suppliers. Emergency Hero may use other approved parts or parts that have been reconditioned by the original manufacturer or by approved third parties.
ACCESS
9.1 It is your responsibility to ensure that Emergency Hero’s engineer can safely access your boiler and central heating system to carry out servicing and repairs (other than repairs to hidden pipework buried in the walls, floors, or ceilings.) Should Emergency Hero’s engineer be required to carry out any such access work (for example; the removal of cupboards, kitchen units, flooring, and/or floor coverings), Emergency Hero shall not be held liable for any damage caused as a result, and Emergency Hero will not be required to replace or reconstruct any such cupboards, units, or flooring.
9.2 Emergency Hero will fill in any holes and leave the surface level if it has had to make access to carry out a repair; however, Emergency Hero will not replace the original surface or construction (for example, redecoration). If the original surface or construction was damaged as a result of the fault, for example, a water leak, Emergency Hero will not replace the original surface.
9.3 Should specialist access equipment be required (for example, scaffolding) to safely access any part of your central heating system or flue, in order to carry out a repair or replacement, you will be liable for the hire costs of such equipment.
APPOINTMENTS
10.1 Emergency Hero’s engineer will only work in your property if there is someone present who is aged 18 or over.
10.2 It is your responsibility to allow Emergency Hero access to your property. If Emergency Hero cannot gain access, it will not be able to carry out the necessary work, and you will need to arrange another appointment. If you do not arrange an appointment or Emergency Hero cannot gain access, your agreement will continue even though Emergency Hero has not been able to carry out the work.
10.3 If, after three attempts, Emergency Hero has been unable to make an appointment or it still cannot gain access, it may write to you to let you know that it has cancelled your agreement in accordance with clause 12 of this agreement.
10.4 If Emergency Hero cannot gain access to your property for an appointment time-slot that you have agreed to, it may charge you an abortive call-out fee of £60.00 (including VAT).
YOUR RIGHT TO CANCEL
11.1 You may cancel your agreement at any time as long as you let Emergency Hero know by calling 07451 288 419 or by contacting Emergency Hero by email at help@emergencyhero.co.uk or in writing to Emergency Hero, Suite 1F Statham Link, Talbot Road, Stretford, Manchester M32 0FP.
11.2 Cancelling your Direct Debit without contacting Emergency Hero will not mean you have cancelled your agreement. If you do not inform Emergency Hero that you wish to cancel and your Direct Debit payment is rejected, Emergency Hero will attempt to contact you to rectify your account. If Emergency Hero does not hear from you following contact, and the outstanding payment is not made, Emergency Hero will cancel your agreement not less than 30 days after the date it was first notified payment was not received.
11.3 If you cancel within the first 14 days of your agreement, Emergency Hero will cancel your agreement with no further charges on top of your initial payment.
11.4 If you cancel after the first 14 days of your agreement, Emergency Hero will cancel your agreement at the end of the month in which you notify it. Emergency Hero will then provide a refund of any money you have paid for the time left to run in your current period of agreement, unless it has carried out work, in which case a cancellation charge will apply. The cancellation charge shall be calculated as the cost of any work Emergency Hero has carried out or attempted to carry out during the period of agreement, calculated using its standard rates.
11.5 Section 11.4 shall not apply where you have cancelled the agreement because Emergency Hero has failed to fulfill its obligations set out in these Terms and Conditions in a material way.
OUR RIGHT TO CANCEL
12.1 Emergency Hero may cancel your agreement in the following circumstances:
12.1.1 If you have given Emergency Hero false information.
12.1.2 If you do not make an agreed payment.
12.1.3 If Emergency Hero finds something wrong at the initial inspection.
12.1.4 If your boiler or central heating system is not approved by Emergency Hero as a make or type Emergency Hero is willing to support.
12.1.5 If Emergency Hero considers that your boiler or central heating system is too old and/or unreliable.
12.1.6 If there are health and safety issues.
12.1.7 If you are physically violent or verbally abusive to Emergency Hero’s engineer or any other employee.
12.1.8 If you do not allow Emergency Hero access to your property when required to inspect or carry out work on your central heating system.
12.1.9 If Emergency Hero is not reasonably able to find parts for your central heating system.
12.1.10 If improvements to your central heating system, that Emergency Hero has told you are needed, are not completed.
12.2 If Emergency Hero cancels your agreement at any time after your initial inspection, it will refund any payments you have made for the time left to run in your current period of agreement, unless it has carried out work, in which case a cancellation charge will apply. The cancellation charge shall be calculated as the cost of any work Emergency Hero has carried out or attempted to carry out during the period of agreement, calculated using its standard rates.
DURATION OF AGREEMENT
Notwithstanding any contradictions within this agreement, the minimum duration of this agreement will be 12 months.
ALTERATION OF TERMS
14.1 Emergency Hero reserves the right to change the terms and conditions of service under this agreement from time to time as is deemed necessary.
14.2 Within 30 days of any changes, Emergency Hero will supply you with an addendum to the terms and conditions.
14.3 If you find any amendments to the terms and conditions unacceptable, you may cancel your agreement, subject to clause 10 of this agreement.
14.4 Your continued receipt of service shall be deemed to indicate your acceptance of these terms and conditions and any amendments thereto.
COMPLAINTS
15.1 If you have any complaint you must submit it to Emergency Hero by email at help@emergencyhero.co.uk or in writing to Emergency Hero, Suite 1F Statham Link, Talbot Road, Stretford, Manchester M32 0FP within 28 days. Emergency Hero will not consider any complaint made after 28 days.
15.2 Emergency Hero will aim to address your complaint through an informed dialogue between you and Emergency Hero.
15.5 Emergency Hero will aim to resolve your complaint within 7 days of receiving your complaint.
GOVERNING LAW AND JURISDICTION
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. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
ENTIRE AGREEMENT
17.1 This agreement constitutes the entire agreement between the parties.
17.2 Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
17.3 Nothing in this clause shall limit or exclude any liability for fraud.
OUR DETAILS
Company Name: EMRGHRO Ltd T/A Emergency Hero
Trading Address: Suite 1F Statham Link, Talbot Road, Stretford, Manchester M32 0FP
Phone Number: 07451 288 419
Email Address: help@emergencyhero.co.uk