1. Maintenance Services

1.1 When the following words with capital letters are used in this clause 1, this is what they will mean:

Application: Application for an oil or gas Maintenance Agreement.

Boiler/Tank: the boiler/tank at your Address, including any controls or thermostats, on and as agreed at the time of booking, as described in the arrangement (verbal or written).

Oil Plans: Gold and Platinum Service and Breakdown Plans as selected by You, and as described, in the Application and any Emergency Repairs requested by you.

Gas Plans: Boiler Care and Boiler Care Plus Service and Breakdown Plans as selected by You, and as described, in the Application and any Emergency Repairs requested by you.

Contract Term: the 12 month period starting with date on which We confirm that your Maintenance Contracts will commence and any subsequent renewal term in accordance with clause 1.3

Emergency Repair: a repair to your Boiler which We carry out following an emergency call- out

Maintenance Charges: the charges for Non-Contract Maintenance Services including Emergency Repairs.

Maintenance Agreement Charges: the charges for Contract Maintenance Services excluding Emergency Repairs.

Maintenance Agreement: Our obligation to provide Contract Maintenance Services to You and Your obligation to pay the Maintenance Contract Charges as set out.

Non-Contract Maintenance Services: repairs or servicing of your Boiler which We carry out at Your request where you do not have a Maintenance Contract including Emergency Repairs.

1.2 We will provide the Contract Maintenance Services during the Contract Term which shall include Emergency Repairs conducted on request and in accordance with clause 7.7. If You do not have a Maintenance Contract, You may request that We provide Non-Contract Maintenance Services to You.

1.3 At the end of each Contract Term, the Maintenance Contract shall automatically renew for a further 12 month period unless either You or We give one months notice to cancel the Maintenance Contract such notice to expire at the end of the relevant Contract Term.

1.4 Subject to our acceptance of your Application (which We may accept or reject in our sole discretion) We will provide Contract Maintenance Services if:

(a) Your Boiler is a standard domestic boiler, with Rated Output of less than 70kW’s, is under 20 years old and has been correctly installed and maintained, complies with applicable laws and regulations and has not been modified (except in accordance with the manufacturer's instructions);

(b) on the first visit of Our engineer, the Boiler is found to be such that it can be maintained satisfactorily in accordance with the Maintenance Contract and manufacturer's recommendations;

(c) Your use of the Boiler complies with applicable laws and regulations;

(d) that no part of the Boiler is tampered with or interfered with by any person since Our engineer's previous visit;

(e) it is safe for Our personnel to access Your Address and the Boiler/Tank and You allow them access and permit them to do so;

(f) We are able to obtain spare parts for your Boiler on reasonable commercial terms.

1.5 Maintenance Service visits will be made by appointment and undertaken during Our normal working hours between Monday and Friday, excluding bank holidays. We will use Our reasonable efforts to perform the Maintenance Services on the appointment date.

1.6 We may cancel the Maintenance Contract at any time with immediate effect in accordance with clause 12.3.

1.7 If Your Boiler breaks down then You may request that We conduct an Emergency Repair. Where you have a Maintenance Contract, We will agree a time and date on which Our engineer will attempt the Emergency Repair and We will endeavour for this to be within 48 hours or as soon as reasonably practicable within Our normal working hours as stated above (which shall extend to Saturday mornings). Where you do not have a Maintenance Contract, the appointment time will be subject to availability. We shall use Our reasonable efforts to repair the defect at that time but if We are unable to do so, or if parts are required, We will arrange for appropriate additional visits, as appropriate. Subject to your Plan Contract Emergency Repairs (parts and labour) are provided free of charge for customers on Gold/Platinum Plans and Boiler Care/Boiler Care Plus Plans. Customers with no Plan agreement will be charged parts and labour. All Emergency Repair charges will be in accordance with Our then current price list and We may charge an emergency delivery charge for parts.

1.7a Plan customers – Customers on an Oil Plan or a Gas Plan should visit www.tincknellheating.com for all up to date terms and conditions regarding their Plan.

1.8 For Maintenance Contract customers, You agree to pay the Maintenance Contract Charges either on completion of servicing or on reciept of invoice. New Maintenance Service customers will be charged for any repairs required on Our first visit, irrespective of which Maintenance Contract they have selected. Charges for Emergency Repairs and Non-Contract Maintenance Services will be paid within 7 days of the date of Our invoice.

1.9 Whilst Our engineers will endeavour to take care not to damage your property during the performance of the Maintenance Services, you acknowledge the risk that damage could be caused and as such you agree that We will not be liable for any damage caused unless it is due to Our negligence.

2. Changes To Terms

2.1 We may revise these Terms from time to time and the latest version of these Terms will appear on Our website at www.tincknellheating.com.

2.2 If We have agreed to provide You with Contract Maintenance Services (as defined in clause 17) We may revise these Terms so that the changes take effect at the beginning of the next month of trade (in the case of Contract Maintenance Services) or on the start of the new contract year in the case of “Service Plans”.

(a) changes in how We accept payment from You; and

(b) changes in relevant laws and regulatory requirements.

2.3 If We revise these Terms under clause 2.2, We will give You at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 4.3(c).

2.4 You may make a change to the Services at any time before the start date for the Services by contacting Us. Where this means a change in the total price of the Services, We will notify You of the amended price. You can choose to cancel the Service in accordance with clause 4 in these circumstances.

2.5 If You wish to cancel an Order before it has been fulfilled, please see Your right to do so in clause 4.

3. Price And Payment

3.1 The price of the Services will be the price notified to You (either verbally or in writing) at the time We confirm Your Order. If no price is notified to You at that time, then the price of the Products will be the price advised no later than the day of delivery.

3.2 We will advise the price with/without VAT, and if the rate of VAT changes between the booking date and the date of service, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.

3.3 If You do not make any payment due to Us by the due date for payment, We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time or statutory interest (whichever is higher). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

3.4 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 3.3 will not apply for the period of the dispute.

3.5 We may charge You a reasonable card processing fee where You choose to pay by debit or credit card to cover the costs and fees We incur with the debit or credit card companies. Any debit or credit card charge will be made clear before You make payment.

4. Your Rights To Cancel And Applicable Refund

4.1 Before We begin to provide the Services or the Parts are fitted, You have the following rights to cancel an Order for Parts and/or Services, including where You choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 2.2 to Your material disadvantage:

(a) You may cancel any Order for Parts and/or Services at any time before the call date for Our Engineer or the start date for the Services by contacting Us.

(b) If You cancel an Order under clause 1.1(a) and You have made any payment in advance for Services that have not been provided to You, or Parts that have not been installed for You, We will refund these amounts to You.

(c) However, if You cancel an Order for Services under clause 1.1(a) and We have already commenced provision of Services, You will pay Us any costs We reasonably incurred in providing Services, and this charge will be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You. We will tell You what these costs are when You contact Us. However, where You have cancelled an Service because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), You do not have to make any payment to Us.

(d) You may cancel any Order for Parts at any time before We commence installation of the Part but if Your cancellation is received after Our Engineer has already left, We may have to charge You the cost of an aborted call.

4.2 Once We have begun to provide the Services to You, You may cancel the contract for the Services at any time by providing Us with at least 30 calendar days' notice in writing. Any advance payment You have made for Services that have not been provided will be refunded to You.

4.3 Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if:

(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of You asking Us to in writing;

(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;

(c) We are affected by an Event Outside Our Control.

5. Our Rights To Cancel And Applicable Refund

5.1 If We have to cancel an Order for Parts and/or Services before the Services start or the Parts are installed:

(a) We may have to cancel an Order before the start date for the Services or before the Parts are installed, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact You if this happens.

(b) If We have to cancel an Order under clause 2.1(a) and You have made any payment in advance for Services that have not been provided to You, or Parts that have not been installed for You, We will refund these amounts to You.

(c) We change these Terms under clause 2.2 to Your material disadvantage;

(d) Where We have already started work on Your Order for Services by the time We have to cancel under clause 2.1(a), We will not charge You anything and You will not have to make any payment to Us.

5.2 Once We have begun to provide the Services to You, We may cancel the contract for the Services at any time by providing You with at least 30 calendar days' notice in writing. If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

5.3 We may cancel the contract for Services at any time with immediate effect by giving You written notice if:

(a) You do not pay Us when You are supposed to as set out in clause 1 or clause 3 (as applicable). This does not affect Our right to charge You interest under clause 3.3 or

(b) You break the contract in any other material way and You do not correct or fix the situation within 14 days of Us asking You to in writing.