Terms and Conditions

1. INTRODUCTION

These Terms and Conditions set out an agreement under which, subject to certain limitations and qualifications as detailed below, we aim to provide a safe and efficient service to maintain and repair your boiler/central heating system at your property.

 These Terms and Conditions apply to the agreement between you and us. Please read this document carefully so that you fully understand the contract provided and what you can expect from your Boiler/Heating Rite contract with Koze Group. If you have any questions, please call us on 03456 47 47 47.

2. DOCUMENTATION

Your agreement summary confirms your agreement number, your details, the property address covered by the agreement, the boiler/central heating system details, any items excluded from cover and the price payable by you for the Boiler/Heating Rite contract.

3. 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 us whereby we are agreeing to fulfil 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 we estimate that the cost of the parts and labour 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 we have agreed to maintain under this agreement, including all manufacturer fitted components within the boiler, the associated controls, the first metre 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 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, motorised 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 us and you become registered as a Boiler/Heating Rite customer with Koze Group.
• “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.
• “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 Koze Group.
• “You/Your” means the person named in your agreement summary, together with the members of your household who normally live with you.

4. WHAT’S INCLUDED

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, we will aim to arrange an appointment within 24 hours for one of our engineers to attend your property to carry out a repair, unless it is impossible because of circumstances beyond our control.

4.3 If your boiler is less than 7 years old and in our opinion it is beyond economic repair; or we cannot readily obtain spare parts, we will replace your boiler with an equivalent replacement boiler; specified, supplied and fitted by us. The replacement of the boiler includes the cost of installing it but does not include the cost of 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. We 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 our opinion it is beyond economical repair; or we cannot readily obtain spare parts, we will provide a discount of 20% towards the complete cost of an equivalent replacement boiler; specified, supplied and fitted by us.

4.5 We will use our best endeavours to repair your central heating system in the event of a breakdown of your central heating system or where the breakdown is resulting in material damage to the property or its contents or is likely to do so, or is creating an unreasonable risk to health and safety, subject to any exclusions under clause 5 of this agreement.

4.7 All labour, parts and materials for repairs and access costs are included up to a maximum of £1,000 (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 We will provide a customer help line which is available 24 hours a day, 365 days a year.

5. 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 we were unable to identify on our initial inspection of the boiler/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 we have 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 metre 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 we have 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 us.)

5.20 Removal of asbestos associated with repairing your central heating system. When you have had any asbestos removed, you must provide us with a clean air certificate before we 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.

6. INITIAL INSPECTION

6.1 At the commencement of your agreement, we will 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 our standard boiler service rates. If the initial inspection reveals an existing fault or issue, we may:

6.1.1 advise you what work is required and what the cost to you will be, including parts and labour; or

6.1.2 if you decide not to rectify the existing fault or issue, we 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 us as a make or type we are 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 We may not carry out an initial inspection if we have already carried one out at the property (irrespective of change of ownership) within the preceding 12 months.

7. ANNUAL SERVICE

Your agreement includes an annual boiler service. We will normally carry out only one boiler service at a property (irrespective of change of ownership) in any 12 month period. We will then carry out a boiler service around the same time each year where possible, subject to the continuation of your agreement with us. We usually aim to carry out servicing between the months of May to September, however this will depend on our workload and your availability. You can also call us at any time to arrange or rearrange your annual boiler service if it is due.

8. SPARE PARTS

If our engineer does not carry the spare parts required for your breakdown, we will do all we reasonably can to source the parts the following working day from our approved suppliers. We may use other approved parts, or parts that have been reconditioned by the original manufacturer or by approved third parties.

9. ACCESS

9.1 It is your responsibility to ensure that our engineer can safely access your boiler and central heating system in order to carry out servicing and repairs (other than repairs to hidden pipework buried in the walls, floors or ceilings.) Should our engineer be required to carry out any such access work (for example; the removal of cupboards, kitchen units, flooring and/or floor coverings), we shall not be held liable for any damage caused as a result and we will not be required to replace or reconstruct any such cupboards, units or flooring.

9.2 We will fill in any holes and leave the surface level if we have had to make access in order to carry out a repair, however, we 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, we 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.

10. APPOINTMENTS

10.1 Our 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 us access to your property. If we cannot gain access, we 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 we cannot gain access, your agreement will continue even though we have not been able to carry out the work.

10.3 If, after three attempts, we have been unable to make an appointment or we still cannot gain access, we may write to you to let you know that we have cancelled your agreement in accordance with clause 12 of this agreement.

10.4 If we cannot gain access to your property for an appointment time-slot that you have agreed to, we may charge you an abortive call out fee of £50.00 (including VAT.)

11. YOUR RIGHT TO CANCEL

11.1 You may cancel your agreement at any time as long as you let us know by calling 03456 47 47 47 or by contacting us by email at customerservices@hasslefreeboilers.com or in writing to Koze Group, Watermoor Point, Watermoor Road, Cirencester, Gloucestershire, GL7 1LF.

11.2 Cancelling your Direct Debit without contacting us will not mean you have cancelled your agreement. If you do not inform us that you wish to cancel and your Direct Debit payment is rejected, we will attempt to contact you to rectify your account. If we do not hear from you following contact, and the outstanding payment is not made, we will cancel your agreement not less than 30 days after the date we were first notified payment was not received.

11.3 If you cancel within the first 14 days of your agreement, we will give you a full refund of any money you have paid, unless we have carried out work, in which case a cancellation charge will apply. The cancellation charge shall be calculated as the cost of any work we have carried out or attempted to carry out during the period of agreement, calculated using our standard rates.

11.4 If you cancel after the first 14 days of your agreement, we will cancel your agreement at the end of the month in which you notify us. We will then provide a refund of any money you have paid for the time left to run in your current period of agreement, unless we have carried out work, in which case a cancellation charge will apply. The cancellation charge shall be calculated as the cost of any work we have carried out or attempted to carry out during the period of agreement, calculated using our standard rates. 11.5 Section 11.4 shall not apply where you have cancelled the agreement because we have failed to fulfil our obligations set out in these Terms and Conditions in a material way.

12. OUR RIGHT TO CANCEL

12.1 We may cancel your agreement in the following circumstances:

12.1.1 If you have given us false information.

12.1.2 If you do not make an agreed payment.

12.1.3 If we find something wrong at the initial inspection.

12.1.4 If your boiler or central heating system is not approved by us as a make or type we are willing to support.

12.1.5 If we consider 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 our engineer or any other employee.

12.1.8 If you do not allow us access to your property when required to inspect or carry out work on your central heating system.

12.1.9 If we are not reasonably able to find parts for your central heating system.

12.1.10 If improvements to your central heating system, that we have told you are needed, are not completed.

12.2 If we cancel your agreement at any time after your initial inspection, we will refund any payments you have made for the time left to run in your current period of agreement, unless we have carried out work, in which case a cancellation charge will apply. The cancellation charge shall be calculated as the cost of any work we have carried out or attempted to carry out during the period of agreement, calculated using our standard rates.

13. DURATION OF AGREEMENT

Notwithstanding any contradictions within this agreement, the minimum duration of this agreement will be 12 months.

14. ALTERATION OF TERMS

14.1 We reserve 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, we 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 11 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.

15. COMPLAINTS

15.1 If you have any complaint you must submit it to us by email at customerservices@hasslefreeboilers.com or in writing to Koze Group, Watermoor Point, Watermoor Road, Cirencester, Gloucestershire, GL7 1LF within 28 days. We will not consider any complaint made after 28 days.

15.2 We will aim to address your complaint through an informed dialogue between you and ourselves.

15.5 We will aim to resolve your complaint within 7 days of receiving your complaint.

16. 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 noncontractual 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.)

17. 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:

Koze group Ltd Koze Group, Watermoor Point, Watermoor Road, Cirencester, Gloucestershire, GL7 1LF

Email Address: customerservices@hasslefreeboilers.com

Gas Safe Registration Number: 580129

VAT Registration Number: 274851672

Company Registration Number:08357963