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Terms & conditions

Definitions

1. For the purpose of these terms & Conditions, the following words shall have the following meanings:
“Us / We / Our” shall mean GASINSURE or any of our subcontractors
“You / Client / Your” shall mean the customer (being the person or organisation for whom we agree to carry out works for and / or supply materials)
“term” means a minimum period of 12 months from the date of this agreement subject to the provisions at paragraph 22
2. Changes These terms and conditions may change at our discretion. If the terms do change we will notify you and you shall be notified either in writing or by e-mail. These terms and conditions prevail over all others including your own and together with any quotation or tender given to you by us constitute the entire agreement between us and supersede and cancel any previous agreement or understanding. You acknowledge that in entering the agreement between us you have not relied on any representation or understanding (whether oral or in writing) which is not included or referred to in this document.
3. Liability These terms and conditions set out our liability in respect of the work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded. Save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure or from carrying out of any work.
4. Validity If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the provision shall be severed from this agreement to the extent required and the remaining provisions shall remain in full force and effect unless the parties decide that the effect of such declaration is to defeat the original intention of the parties in which case either party shall be entitled to terminate this agreement by one month's written notice.
5. What is included:
a  The Central Heating System
This Agreement would cover servicing of the Boiler and Central Heating system (excluding warm air and LPG heating systems), to include parts & Labour and an annual service, providing your boiler is not beyond economic repair.  All engineers are experienced and all engineering works will be carried out by Gas safe registered engineers.
The central heating parts and gas supply from the appliance isolating cock together with pump.
Radiator valves, motorized valves and the cylinder thermostat, time, temperature and pressure controls, radiators, central heating pipework, central heating coil, feed and 10 gallon expansion tank.
N.B Independent Gas fires are subject to an additional surcharge- Service only- Any faults or repairs are parts and labour chargeable.
b   Plumbing
The repair or replacement of faulty ball valves to remedy an escape of water from an overflow pipe at your property.
Dripping Taps that require re-washering.
All water supply pipes within the domestic dwelling
Stop tap & drain-off cock within the property
Service valves that isolate w/c’s, hot  and cold supply taps and water storage tanks
c   Drainage
Repair/replacement to leave the underground drain running clear. Cover includes up to 2 claims per year for individual drains up to the main sewer and shared drains within your property boundary.
Collapsed Drains are not covered.

6. Acceptance, Price, Renewal & Ownership
At the same time as an annual visit a service engineer will check the safe operation of the gas appliance(s) covered by this contract. A service engineer will inspect the central heating appliance specified once a year and clean and adjust them as necessary
Payment for this service is made annually in advance or is payable in installments by monthly Standing Order or by other methods agreed by the installer.
The renewal date for the contract will be the yearly anniversary on which the agreement was entered into.
Notification of the renewal charge will be sent via post or email in advance of the renewal date.
Please see sections 22 -24 below for further details.
If ownership of the premises changes for which the contract exists then the new owner will have the benefit of the maintenance contract for the remainder of the period paid for, if an annual payment has been made. No refund will be made for the unexplored part of any maintenance plan.
If monthly payments are being made then this can be cancelled at the existing premises and transferred to the new property, subject to an initial inspection of that property, for acceptance.
7. Costs & Parts
First visit / inspection
On first inspection if it is found that any parts / labour are required / repairs made to bring the systems up to an acceptable level to permit us to enter into this contract then these will be chargeable to the customer.
No charge will be made in respect of labour or parts & materials used in the repairing of any reported fault, apart from exclusions or existing faults found on first visit by the engineer. Any chargeable faults will have to be paid to the engineer on the day of correction.
Where all consideration is given to the evaluation or work duration, all reasonable precaution will be taken to avoid additional costs. It is however agreed and a condition of these terms that should further work be necessary to complete the contract we will notify you of this and give you the option to agree a fixed price for the repair or indicate that you do not require us to carry out any further works.
GasInsure may supply and fit adequate parts or components which are not the same as those being replaced.
Gas Insure will not be held responsible for any delay in the provision of spare parts by their suppliers.
8. If you instruct us to do the works or buy materials and then cancel that instruction, we reserve the right to charge you for the cost of any time and materials incurred by us.
9. Assignment You may not assign or sub-contract any of your rights. We may perform any or all of our obligations under this agreement through agents or sub-contractors, provided that we shall remain liable for such performance and shall indemnify you against any loss or damage suffered by you arising from any act or omission of such agents or sub-contractors.
10. Guarantee All works and materials are guaranteed for a reasonable time frame as governed by us, on an individual basis. If you are not satisfied with our work you must contact us within 30 days of completion of the work, so that we can inspect the work and if required carry out any remedial work at our expense. You agree if you do not contact us in a suitable time frame/within 30 days we shall have no liability.
11. Timescale The engineer will endeavour, subject to workload, our availability, to call within 24hrs in response to any breakdown or failure of the central heating system or other essential gas appliances.
We will use our reasonable endeavours to carry our the works on the agreed dates and times but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the work on the agreed date or dates or by reason of strike, lock out, industrial disputes, acts of god or any other event, or occurrence beyond our control.  We will undertake all works as soon as is reasonably practicable under all the circumstances but cannot guarantee a same-day service.
12. Exclusions Things we cannot cover.
a. We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified or tampered with by anyone other than us. Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials and the terms of our guarantee will not apply.
b. Damage to carpets, floor coverings, expensive items and furniture during works carried out. (Although care is taken to ensure there is minimal damage.)
c. We do not provide cover for boiler replacement or other gas appliances or for any major component parts. In the event of spare parts or components not being readily (reasonably) available, or a boiler being condemned or deemed dangerous.

d. Adjustment to temperature and time controls.
e. The replacement of decorative parts or any modification to manufacturers original specification.
f. The fabric of the building or pipework and the pipework buried or contained within it, or any hidden pipes. In the event of a leak the customer is responsible for exposing the said area.
g. Any defect or damage occurring from the failure of the public electricity supply or water supply.
h. Descaling and any work arising from hard water scale deposits or from damage caused by aggressive water.
i. Excessive Unnecessary call outs may become chargeable.
j. Repairs to Collapsed drains are not covered by this agreement however, GasInsure can repair a collapsed drain but all works in relation to this will be chargeable.
13. We cannot guarantee work where you order us to carry out work against our advice. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out.
14. Age & Condition We cannot guarantee work on existing installations that are over 10 years old. We cannot guarantee the effectiveness or otherwise of our work in these cases.
Acceptance of a central heating system appliance(s) or any other appliances or system components onto the maintenance contract does not imply that it has been installed satisfactorily (satisfactory) or to the prevailing standards of GasInsure.
The installer  will not accept responsibility for any inadequacy attributable to the original design or installation.  and makes no warranty as of fitness for the purpose or condition.
15. Rectification We will only be liable for rectifying our own work and shall not be held responsible for any consequential loss damages or claims resulting from this or from other works overlooked or subsequently requested or undertaken..
16. Indemnity You shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we suffer or incur resulting from a claim by any third party arising out of a breach of your obligation, undertakings, representations and warranties under this agreement..
17. A person who is not a party to this agreement has no rights or duties under the Contracts (Rights) of Third Parties) Act 1999 to enforce any terms of this agreement.
18. Recovery We shall be entitled to recover from you any costs or damages we may have to pay where the negligence or faulty workmanship of any person or contractor employed or engaged by you makes us liable to pay for those damages or rectification of work..
19. Liability Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or in breach of this agreement of any duty of care or otherwise owed to you in connection herewith shall be limited to the invoice value of the work.
20. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting in the failure or delay in the performance of your obligations under these terms.
21. Hazards You must let us know of any dangerous gases, liquids or other materials, which you believe, may present a hazard or danger to any person carrying out work before such work is started. You must provide us with all the necessary details in respect of any relevant requirements specified by the factory inspectors or similar regulatory authorities.
22.Cancellation We may cancel your agreement in the following circumstances: 
a.             If we give you reasonable notice
b.             If you have given false information.
c.             If you do not make an agreed payment.
d.             we find something wrong at the first service; or
e.             we have advised you that permanent repairs or improvements are needed to make sure your appliance or system works properly, and you do not follow our advice within a reasonable period. This advice may include replacing your boiler or system.
f.              If we are not reasonably able to find parts to keep your system or appliance working safely.
g.             If circumstances arise (including health and safety issues) which make it inappropriate for the contract to continue.
If we cancel your agreement, we will:
give you a partial refund if we find anything wrong at the first service; or
give you a refund based on how long is left of any 12-month payment you have already made.
If we cancel your agreement because we have told you that permanent repairs or improvements are needed, we may offer you another agreement with us, for example one which will not include the parts causing the problem, or does not include the cost of repairs to your system or boiler.

23.Fair Use We reserve the right to cancel or amend your agreement when inappropriate or unfair use is made of this agreement. This is to ensure that our services are available for fair use by our customers.
24. Minimum charges Unless you cancel your agreement as described in the ‘Cancellation’ section above, if you cancel your agreement, we may charge you an amount to bring your payments up to a minimum level for the period of the agreement.   This will depend on when you cancel. The minimum charge covers the costs we have had to pay but which we have not yet reclaimed at the point you cancel. It includes things such as our costs of carrying out services, dealing with repairs, our costs or the costs of dealing with your agreement with us (or all the above).
25. Drainage This service does not cover any inspection, maintenance or repair for any drains, pipes or sewers serving the property.
26. Complaint If you have the need to make a complaint, then please telephone in the first instance on 0845 257 43 46, or alternatively you can write to Customer Services, GasInsure, P.O. Box 126, Barry, CF63 9AN. Please allow up to 14 days for your complaint/concern to be investigated, you shall be informed of the outcome verbally and in writing. In the event of any refund, this shall be dealt with by reference to the ongoing Standing Order arrangements
27. By entering into a contract (either in writing/e-mail or verbally) with us, you agree to these terms and conditions.
28. This agreement and all matters arising from it shall be governed and construed in accordance with English law

I understand that in order to qualify, the installation must be in good condition and working order. If it is not that cost of any rectification work is not covered by the contract. After examining the installation Gas Insure reserve the right to cancel the contract or quote for rectification work.

Should Gas Insure cancel the contract I will receive a full refund of all the money I have paid, unless any work on the system has been carried out.
If I choose to pay by Standing Order I understand that I am required to maintain payments for the duration of the contract, namely 12 months.
If I fail to maintain payments I will be deemed to have cancelled the contract with Gas Insure and any callout, service, parts and labour will be chargeable.
All details correct at time of printing October 2009
I have read and understand these Terms & Conditions and agree accordingly.