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.