TERMS AND CONDITIONS COVERING FIXED COST REPAIR SERVICES FOR HEATING, PLUMBING or BOILERS
These Conditions apply to the provision by us of a fixed cost repair service in relation to your heating, plumbing or boiler. It is important that you read and understand these Conditions.
In these Conditions, the following words have the following meanings:
“Service” means the heating, plumbing or boiler in respect of which you request the Repair Service;
“Contract” means the contract for the Repair Service formed in accordance with Condition 1.1;
“Customer Service” means the Eco World Energy Ltd’s contact centre in Nelson;
“Fee” means the fee for the provision of the Repair Service as advised to you by Customer Service;
“Order” means a request for Repair Services made by you from Customer Service;
“Property” means the premises where Repair Services are to be provided, as specified by you in the Order;
“Repair Service” means an on-site diagnosis and, if applicable, repair of faults,
“Visit Date” means the date on which an Eco World representative provides the Repair Service at the Property.
“we”, “us” or “our” means Eco World Customer Support, a division of Eco World Energy Ltd (registered in England with company number 9883293) whose registered office is at 76-78 Colne Road, Brierfield, Lancashire, BB9 5NN and whose registration for VAT purposes is [229 404 709];
“you” means the person who requests the provision of the Repair Services.
1. This Contract, the effect of these Conditions and Notice of the Right to Cancel
1.1 Your agreement to proceed with an Order is an offer to purchase the Repair Service from us on and subject to these Conditions. Our booking an appointment for our engineer to visit the Property is acceptance by us of such Order and accordingly a contract is formed at such time.
1.2 Under the Consumer Protection (Distance Selling) Regulations you may cancel the Contract without cause within fourteen (14) working days from the date the Contract is formed, provided that, if the Visit Date occurs during this fourteen (14) working day cancellation period, you will not be entitled to cancel the Contract in accordance with this clause 1.2.
1.3 You may (subject to the provisions of clause 1.2) cancel the Contract in accordance with clause 1.2 by notifying us by e-mail: firstname.lastname@example.org or by calling to 0800 014 9939 and your Fee payment will be fully refunded accordingly.
1.4 We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed.
2. Price and Payment
2.1 The Fee is exclusive of all parts integral to the appliance but inclusive of labour and VAT.
2.2 The Fee is payable in full by you by debit card or bank transfer at the same time as you place an Order.
2.3 If the Appliance is covered by a manufacturer’s warranty, our engineer will advise you to call out the manufacturer but our fees for the visit will still be charged.
3. The Repair Service
3.1 Our engineer will attend at the Property on the agreed date (or such other date as is arranged pursuant to clause 3.3) and will examine the Appliance and diagnose the fault.
3.2 Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer is able to repair the fault immediately following diagnosis, he/she will do so. If our engineer does not have the part necessary to repair the fault at the time of diagnosis, we will arrange a mutually convenient date for an engineer to return to perform the repair.
3.3 Our engineer will use all reasonable efforts to repair a diagnosed fault. However, we cannot guarantee to be able to repair every fault diagnosed. If an engineer is unable to repair a fault, or if our engineer diagnoses the necessary repair as being any repair of your central heating system (for boilers) and/or any repair required as a result of faulty installation of your appliance, which are not covered by the Repair Service, he/she will inform you of the nature of the fault and will advise you of what he/she considers to be any reasonable courses of action available to you, which may include that it is beyond
repair and requires replacement. In such circumstances, we will charge you an inspection fee of £60.
3.4 If your Appliance is deemed beyond economic repair, we may, and entirely at our discretion, offer to supply you with a quotation for a discounted replacement or equivalent replacement Appliance.
3.5 We will use all reasonable efforts to ensure that an engineer visits the Property on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get an engineer to attend the Property on the agreed date. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date.
3.6 If you are unable to allow our engineer to access the Property on the agreed date, you should contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding such date) to arrange an alternative date for provision of the Repair Service. Subject to your right to cancel the Contract in accordance with clause 1.2 above (in which cases no cancellation charge will be made and we will refund the Fee to you), if you inform us after this time we reserve the right to retain a cancellation charge of £60.
3.7 Once inside the Property, if your Appliance has been installed in an area where it is inaccessible and our engineer cannot gain clear and safe access to it and we are therefore unable to repair the Appliance, we reserve the right to retain an inspection fee of £79.
3.8 Eco World Customer Support engineers drive transit-style vans and need access to their van during the Repair Service to fetch tools and equipment. Engineers must therefore be able to park within a practical distance from the Property – it is the customer’s responsibility to ensure that parking is available.
3.9 Our engineers will exercise reasonable care and skill in providing the Repair Service.
4.1 All our parts are new and cover under manufacturer’s warranty, if the fault reappears on the part we supplied, you will only be charged for the labour element of the revisit.
4.2 To take advantage of either of these guarantees you must contact us as soon as reasonably practicable upon becoming aware of the defect.
4.5 THE GUARANTEES SET OUT ABOVE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. If you prefer, you may rely on your statutory rights rather than make a claim under the guarantees. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.
5. Limitations on our Liability
5.1 We will not be liable to you for any loss, damage, costs or expenses:
(i) that are not a reasonably foreseeable consequence of a breach by us of these Conditions;
(ii) that are not caused by any breach of these Conditions by us; and for business losses, or losses to non-consumers.
5.2 YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE IN PLACE AND MAINTAIN ADEQUATE INSURANCE POLICIES IN RESPECT OF YOUR PROPERTY.
5.3 Nothing in these Conditions shall:
(i) limit our liability under Part 1 of the Consumer Protection Act 1987 in relation to the safety of parts or for death or personal injury caused by our negligence; or
(ii) affect any statutory rights which you may have as a consumer.
6. Events Beyond Our Reasonable Control
If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our reasonable control including (without limitation), for example, flood, fire, strikes, lockouts, acts of Government, terrorism and non-availability of parts or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or this Contract until such time as we are able to perform the obligations. We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.
7.1 We do not intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this contract.
7.2 This contract shall be governed by and construed in accordance with the laws of England and Wales, and we both agree to submit to the jurisdiction of the courts of England and Wales.
7.3 These Conditions can only be amended or varied by written agreement between us.
7.4 If any one or more of the provisions of these Conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired thereby.
8. Your Personal Details
We shall use and safeguard your personal details in accordance with all applicable Data Protection legislation. We may use your personal details to inform you of our other products and/or services. If you would rather not receive any such communications, please contact us as set out below.
9. Contact Us
If you need to contact us at any time or you have any queries or complaints, please contact us via Customer Service by e-mail to email@example.com, on 0800 014 9939 or by post to 76-78 Colne Road, Brierfield, Lancashire, BB9 5NN.