Cover Terms
1. The following definitions apply to this Agreement
1.1 The Company
"The Company" means FEP Heat Care Ltd. (however Constituted) and their Licensees
1.2 The Owner
"The Owner" means the person entering into this Agreement with the Company
1.3 The Boiler
"The Boiler" means the Gas Central Heating Boiler
1.4 The Central Heating System
"The Central Heating System" means the boiler, piping and radiators connected to it. If a hot water cylinder is connected to the boiler then the piping required to heat the hot water is included. If the hot water cylinder was supplied and installed new by the company then this is included. Any expansion tank which serves to fill the central heating system is included. All standard timers and temperature controls are included.
1.5 Breakdown or Failure
"Breakdown or Failure" means the cessation or substantial impairment of the normal heating or domestic hot water services caused by the breaking, burning out, wearing out, maladjustment of any part of the Central Heating System or its ceasing to function reasonably efficiently
2. Period of Agreement
This agreement is made for the period specified overleaf
3. Annual Service (Does not apply to warranty period)
The Company agree that In consideration of the advance payment referred to, they will once during the period of this Agreement carry out the following service in relation to the Central Heating System
(a) check that the gas-carrying components and gas controlling devices of the appliance are operating satisfactorily, and if the Company consider it necessary clean and adjust them and if necessary
(b) inspect the burners and flueways of the combustion chamber and heat exchanger of the boiler and clean them whenever necessary and
(c) check the remainder of the system is operating satisfactorily and adjust or repair such parts as necessary
The exact time and date when the Company will carry out the service described above will be at the sole discretion of the Company If, at the request of the Owner, the Company carry out any part of the service outside its normal working hours the Owner will pay the Company's additional charge for out of hours service
4. Failure or Breakdown
The Company agree they will within a reasonable time of the Owner notifying them that the Central Heating System has broken down or failed, carry out for the period of the Agreement the following service, namely the making of any repairs and the fitting of any replacement parts provided that
(a) If any parts of the Central heating System which the Company are liable to replace become obsolete or unobtainable, the Company may if possible supply and fit adequate replacement partswhich are not the same as the parts being replaced and
(b) replaced parts shall become the property of the Company and
(c) the Company shall not be held responsible for any delay in the provision of spare parts by suppliers
(d) In 2 Star Service Contract all replacement parts are chargeable and must be supplied and fitted by the Company
(e) Labour covers replacement of parts only It does not cover labour involved in the fitting of a new boiler
(f) in 1 star contracts all parts & labour are chargeable
5. Exclusions
The following works are excluded from this Agreement, and if such works are carried out the Owner may be liable for a separate charge. The following although connected directly or indirectly are not part of the central heating system and are to be treated as exclusions within these terms and conditions:- The electrical supply up to and including the isolating switch or socket for the central heating system. The gas supply up to the boiler isolating valve. The mains water supply up to the boiler and or the expansion vessel or expansion tank stopcock. Any drain to which a condensate pipe is connected to. The hot water cylinder (unless supplied and installed new by the company). Any pipe conveying hot water from the boiler or hot water cylinder to the hot water taps. All plumbing appliances such as showers, sinks, baths, bidets, wc's, washing machines, dishwashers, waste disposal units etc. and all piping and taps or stopcocks connected to them. Any domestic cold water storage tank. Any energy management system other than standard time and temperature controls
5.1 Turning off or lighting up the Central heating System and adjustment of time switches, controls etc except in connection with a breakdown or failure of the system
5.2 The replacement of decorative parts, painting of radiators, trims, lamps, batteries, flue guard baskets or such consumable items as retreatment of systems by corrosion proofers
5.3 Any work caused by or Arising out of the failure of the Owner to comply with the instructions or recommendations of either the manufacturer or the installer or Company, the Owner failing to take reasonable precautions to protect or minimise damage to the system on its breakdown or failing
5.4 Any work caused by damage
5.5 Any work caused by the failure of the public mains electricity, gas or water supply
5.6 Making good any damage or any work carried out resulting from fire, flood, lightning, explosion, storm, frost, snow, other natural hazards, war or civil disorder
5.7 Any consequential loss, damage or liability no matter how Incurred unless caused by the negligence of the Company
5.8 The Company shall not be required to carry out any work to the building, fixtures, decorations, furniture or fitting of the building in which the Central Heating is situated arising out of any cause whatsoever other than the negligent or wrongful act of the Company, their employees or agents
5.9 Chemical work of any type such as adding chemicals to remove blockages, partial blockages or gas formation from the central heating system. Any work carried out to rectify any blockage, partial blockage or gas formation by using chemicals or physical means or by replacing any parts, components, piping, fittings, radiators or boilers. A quotation will be provided for this type of work to be carried out. The topping up of any chemicals for any reason including after the system is drained for any reason including repairs.
5.10 If parts become obsolete and cannot be replaced or the boiler becomes unsafe to use and cannot be repaired then the Owner would be given a quotation of the costs which they would be liable to pay for the replacement
6. Service of Notices
Any notice served by the Company on the Owner hereunder shall be deemed to be properly served if addressed to the Owner and left at or posted to either the Owner's last known address or the address at which the appliance is located
7. Payment & Renewals
The Owner is required to make payment annually in advance Prior to the expiry of this Agreement, the Owner may request renewal to the applicable service. Any bank or interest charges incurred by FEP or FEP LICENSEES as a result of a default in payment will be passed on the Owner The Company reserve the right to withdraw all service until the account is cleared The company may at their sole discretion either refuse, or may grant such renewal with or without any additional conditions (including remedial or replacement work at the owners expense), inspections, and increased payment Such renewal would be conditional upon prior receipt of payment On installations which are ten years old or more FEP reserve the right to only offer the Two Star Service Option
8. Changes of Ownership (Transferable)
If the Ownership of the Central Heating System changes, the new Owner shall have the benefit of this Agreement for the remainder of the period for which the Agreement is current providing he shall have signed and returned to the Company a copy of this Agreement or a letter accepting these terms
9.Alteration to Central Heating System
If during the period of this Agreement the Owner wishes to alter the Central Heating System or have work carried out on the System by persons other than FEP, notification must be submitted to the Company in writing, at least two weeks prior to the work being carried out The Company may then
(a) agree in writing that this Agreement will apply to the system alter inspection by a FEP Service Engineer (a charge will be made for this service)
(b) cancel this Agreement forthwith Should the system be altered, extended or have work carried out, without agreement of the company this Agreement will be automatically cancelled.
10. Sub-contracting
The company maintains the right to employ any sub-contractor they may nominate to carry out any works for which they are liable for under this Agreement
11. Termination
If the Owner fails to comply with his obligations under this Agreement the Company may terminate this Agreement forthwith by serving notice in writing
12. Cancellation
In the event of cancellation by the Owner or termination or cancellation by the Company in pursuance of their rights set out in this Agreement, no refund will be made of any money paid or due to the Company
13. Limitation of Obligations
The Company shall not be liable for any failure to perform their obligations under this Agreement if they are prevented from doing so by any cause reasonably beyond their control (including ail industrial disputes, strikes, lock-outs, fire, accidents, road conditions, war or force majeure)
14. Direct Debit Terms and Conditions
(a) If default in monthly payment of the Direct Debit occurs, constituted by the non-payment of one month, F.E.P. reserve the right to cancel all service until monies in arrears are paid in full. For each unpaid Direct Debit the company will charge an administration fee of £10.00 which will be collected by Direct Debit.
(b) If the Direct Debit monthly payment falls into two months arrears, F.E.P. reserve the right to cancel all service and contract. The customer will be notified of this by letter. No refund will be made of any money paid or due to the company.
(c) This Direct Debit constitutes a legal obligation to pay in full for a service contract which has a minimum period of one year. If this Direct Debit is cancelled then any outstanding payments become immediately due.
(d) If during the period of Direct Debit collections an increase of the rate of V.A.T is announced by the government, then the Direct Debit amount collected shall increase to include the increased VAT.
15. FIVE YEAR PREMIUM GUARANTEE
If a new installation is covered by our five year guarantee then the central heating system will be subject to these terms and conditions for five years from the installation date. Four annual service checks shall be carried out approximately at the start of year 2,3,4,and 5. For renewals of the five year guarantee the central heating system will be subject to these terms and conditions for five years from the renewal date. Five annual service checks shall be carried out. The first annual service check shall be carried out at the renewal date and four further annual service checks shall be carried out approximately at the start of year 2,3,4 and 5. For all five year guarantees the renewal / expiry date is five years from commencement date irrespective of the date upon which the final annual service check is carried out.
16. The Company shall not be liable for any monies or accounts submitted to them by the Owner, for work carried out on the Central heating System, for whatever reason, unless prior written authorisation is given by the Company
FEP Heat Care Ltd., 194 Cumbernauld Road, Chryston, Glasgow G69 9NB. Fax: 0141-779 9191. Registered VAT 402 9490 62