Annual Boiler Care Service Agreement

Agreement Terms

ANNUAL BOILER CARE SERVICE AGREEMENT

IMPORTANT NOTICE
This agreement is a maintenance and service agreement only. It is not insurance, it does not transfer risk, and it does not provide FCA-regulated insurance cover. If you require insurance, you must arrange this separately.

1. PARTIES, CONTRACT DOCUMENTS, AND ORDER OF PRECEDENCE
1.1 This agreement is between:
a) the engineer business identified in the Supplier Details section of this agreement ("Supplier", "we", "us"); and
b) the named customer in the order confirmation ("Customer", "you", "your").
1.2 This agreement consists of:
a) these terms and conditions;
b) the Supplier Details section;
c) the selected Plan Schedule;
d) the order confirmation and payment mandate.
1.3 If there is inconsistency, the order of precedence is: order confirmation, plan schedule, then these terms.

2. DEFINITIONS
2.1 "Agreement Start Date" means the date shown in your order confirmation.
2.2 "Contract Year" means each 12-month period from the Agreement Start Date.
2.3 "Covered Boiler" means the single domestic boiler declared by you at sign-up.
2.4 "Covered Property" means the domestic address listed in your order.
2.5 "Service Visit" means a planned annual boiler service as specified in your plan.
2.6 "Reactive Support" means fault attendance where included in your selected plan.
2.7 "Normal Working Hours" means Monday to Friday, 8:00 to 17:00 excluding public holidays unless stated otherwise.
2.8 "Emergency Attendance" means expedited attendance where your plan includes that service level.
2.9 "Beyond Economic Repair (BER)" means a condition where repair cost is materially disproportionate to replacement value, considering age, safety, parts availability, and labour.

3. ELIGIBILITY REQUIREMENTS
3.1 To enter this agreement:
a) the Covered Property must be inside the Supplier operating region shown in the Plan Schedule;
b) you must be owner, lawful occupier, or otherwise authorised to instruct work;
c) the Covered Boiler must be safe and legally serviceable at onboarding;
d) you must provide accurate appliance and address details.
3.2 We may decline coverage if the appliance, system condition, or installation is unsafe or non-compliant.
3.3 We may decline, suspend, or terminate coverage if the Covered Property is outside our operating region or moves outside our operating region.

4. TERM, RENEWAL, AND CONTINUITY
4.1 This agreement starts on the Agreement Start Date and renews monthly unless cancelled under clause 14.
4.2 Contract benefits apply only while payments are current.
4.3 A Contract Year entitlement that is not used does not roll over unless your plan schedule expressly states otherwise.
4.4 Service entitlement begins 14 days after the Agreement Start Date.
4.5 The annual boiler service entitlement becomes available only after six continuous monthly payments have been successfully collected.
4.6 If a discounted or plan-funded service has been provided and you cancel before the first anniversary, we may charge the reasonable discounted service value or outstanding minimum commitment stated in the Plan Schedule, where lawful.

5. WHAT IS INCLUDED
5.1 Included services are strictly those listed in your selected plan schedule and configuration variables.
5.2 Service entitlement may include, where selected:
a) one annual service visit per Contract Year;
b) reactive support attendance;
c) controls checks;
d) minor adjustments and safety checks.
5.3 Any item not expressly included is excluded and may be quoted separately.
5.4 Reactive attendance, where included, is limited to three events per Contract Year unless your Plan Schedule states a different limit.
5.5 Repeat faults caused by the same unresolved underlying system condition, customer misuse, unsafe installation, contamination, or declined recommended remedial work are excluded from repeated attendance entitlement and may be quoted separately.

6. WHAT IS EXCLUDED
6.1 Unless explicitly included, the following are excluded:
a) pre-existing faults and latent defects present before Agreement Start Date;
b) damage caused by misuse, neglect, tampering, vandalism, fire, flood, frost, storm, lightning, power events, or third-party works;
c) sludge, scale, corrosion, system contamination, and performance issues arising from historic system condition;
d) cosmetic defects, decorative restoration, and building reinstatement beyond basic making good;
e) underfloor heating systems, swimming pool circuits, renewable integrations, smart-home hub faults, and specialist non-standard plant;
f) asbestos management, structural works, scaffolding, specialist access, permits, and authority fees;
g) commercial premises and mixed-use sites unless expressly agreed in writing.
6.2 Excluded works can be undertaken only under separate quotation and acceptance.

7. ACCESS, SAFETY, AND SITE CONDITIONS
7.1 You must provide safe access to the Covered Boiler and associated controls.
7.2 You must ensure the work area is safe, hygienic, and free from hazards.
7.3 We may refuse or suspend attendance where there is material health and safety risk.
7.4 If hazardous materials (including asbestos) are present, work will not proceed until lawful remediation evidence is provided.

8. APPOINTMENTS AND RESPONSE TIMES
8.1 Appointments are subject to capacity, parts availability, and geographic constraints.
8.2 We will use reasonable endeavours to meet appointment windows but do not guarantee exact attendance times.
8.3 Emergency response targets are operational targets only and not strict contractual deadlines.
8.4 Missed appointments due to no access may incur call-out or rebooking charges.
8.5 We may refuse excessive, abusive, duplicate, or unreasonable attendance requests and may require paid investigation where fair usage limits have been exceeded.

9. REPAIRS, PARTS, AND REPLACEMENTS
9.1 We will diagnose faults and determine whether repair is possible.
9.2 Replacement parts may be new, refurbished, or equivalent functional alternatives where lawful and safe.
9.3 Temporary repair measures may be used where immediate permanent repair is impracticable.
9.4 If BER applies, replacement options (if any) are determined by your specific plan schedule.
9.5 Unless expressly included, parts, specialist components, and replacement appliances are chargeable.

10. FEES, COLLECTION, AND PAYMENT FAILURE
10.1 Your monthly fee is payable in advance by your authorised payment method.
10.2 By signing up, you authorise recurring collection at the agreed billing interval.
10.3 Failed payments may trigger:
a) automatic retry attempts;
b) benefit suspension;
c) cancellation if arrears remain unresolved after notice.
10.4 We may recover reasonable costs of failed collections and chargeback administration where lawfully permitted.
10.5 Fees already due for an active Service Period are non-refundable except where required by law.

11. PRICE CHANGES
11.1 We may amend prices to reflect inflation, supplier cost changes, tax changes, or material service scope updates.
11.2 We will provide prior notice before any price change takes effect.
11.3 If you do not accept the new price, you may cancel before the effective date.

12. CUSTOMER DUTIES AND REPRESENTATIONS
12.1 You confirm all onboarding information is accurate and complete.
12.2 You must inform us promptly of:
a) change of property address;
b) appliance replacement;
c) material system modification;
d) tenancy/occupancy changes affecting access.
12.3 You must not:
a) tamper with safety-critical components;
b) instruct unsafe or unlawful work;
c) interfere with diagnostics or attendance outcomes.

13. LIMITATION OF LIABILITY
13.1 Nothing excludes liability for death or personal injury caused by negligence, fraud, or liabilities that cannot lawfully be excluded.
13.2 Subject to clause 13.1, our aggregate liability in any 12-month period is limited to the total fees paid by you under this agreement in that same period.
13.3 We are not liable for indirect or consequential losses, including loss of profit, loss of business, loss of opportunity, or increased utility costs.
13.4 We are not liable for deterioration caused by delayed customer decisions, denied access, or excluded system condition.

14. CANCELLATION AND TERMINATION
14.1 Your cancellation rights:
a) You may cancel within 14 days of sign-up (cooling-off) unless service has already been performed, in which case pro-rata charges may apply.
b) After cooling-off, you may cancel on not less than 30 days notice unless your schedule states otherwise.
14.2 Our termination rights:
a) non-payment or repeated payment failure;
b) threatening, abusive, or unsafe conduct;
c) repeated no-access events;
d) fraud, misrepresentation, or illegal use.
14.3 On termination, future benefits cease at period end and unpaid sums remain due.

15. FORCE MAJEURE
15.1 We are not liable for delay or non-performance caused by events beyond reasonable control, including severe weather, transport disruption, supply-chain interruption, telecom outage, civil emergency, or industrial action.

16. DATA PROTECTION AND COMMUNICATIONS
16.1 We process personal data for service delivery, billing, customer support, legal compliance, and fraud prevention.
16.2 We may share relevant data with vetted service partners and processors as required to deliver contracted services.
16.3 We retain records in line with legal, tax, and evidential obligations.
16.4 You consent to operational communications by email, phone, and SMS for appointments, billing, and service notices.

17. COMPLAINTS PROCESS
17.1 Complaints should be submitted using supplier contact details shown on your plan documents.
17.2 We aim to acknowledge and investigate promptly and issue a formal response within a reasonable period.
17.3 Escalation routes and alternative dispute options will be provided where applicable.

18. LEGAL AND REGULATORY POSITION
18.1 This agreement is intended as a service contract and not an insurance product.
18.2 If any clause is held invalid, the remainder of the agreement remains enforceable.
18.3 No waiver is effective unless in writing.
18.4 You may not assign this agreement without our prior written consent.

19. GOVERNING LAW AND JURISDICTION
19.1 This agreement is governed by the laws of England and Wales unless mandatory local consumer law applies otherwise.
19.2 Courts of England and Wales have exclusive jurisdiction, subject to non-excludable consumer rights.

SCHEDULE NOTES
- Your plan-specific scope, limits, service windows, service area, entitlement dates, and fair usage limits form part of this agreement.
- Keep a copy of this agreement and your order confirmation for your records.
- For legal certainty in your jurisdiction and exact business model, obtain solicitor review before commercial rollout.