HomeServices Terms and Conditions

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1 HomeServices Terms and Conditions

2 Contents Definitions 03 The Contract 04 Start date 04 General Exclusions 11 Payment 12 Cancellation 13 Appointments 16 Product Renewal 16 Changes to contract 16 Safety Recommendations 16 Leaving the Premises 16 Use of personal information 17 Limitation liability 18 General legal 18 HomeComfort Care Products What s Included 05 Initial Inspection and Remedial Works 05 Service and Operational Safety Check 06 What s not Included 06 Landlord Boiler Care Product What s Included 07 Initial Inspection 08 Gas Safety Services 09 What s Not Included 10 Annual Service Unlimited Breakdown Call Outs Boiler Care Radiator Care Landlord Safety Certificate Standard Premium Landlord Your terms and conditions A warm welcome and thank you for choosing one of our HomeServices products. We have designed these products with our customers in mind and we have taken the same approach when creating this booklet, which sets out the terms and conditions of your contract with us. Within this booklet, you will find the terms and conditions for our: HomeComfort Standard and Premium Products Landlord Boiler Care Products This booklet contains terms and conditions that apply to all of the products listed above, as well as specific sections which are applicable to each product. Please read this booklet carefully as it contains important information regarding the terms of your contract. In particular, please ensure you have read the specific sections relating to the particular product you have purchased, as those sections set out the key features of the service you will receive from us under the contract. To assist, we have colour coded the sections of the terms and conditions which are applicable to specific products. You should keep this document in a safe place so you can refer to them should you need to call ScottishPower for any assistance. If you have any queries about your product or the terms and conditions, please call our Customer Services team on

3 ScottishPower Energy Retail Limited 1. Definitions (a) (b) Where the following words and phrases appear in these terms and conditions, they will have the following meanings: application means your application for the provision of a Product at the premises, whether in writing (by way of the application form) or verbally; application form means the application form incorporating these terms and conditions made by you to us for the provision of a Product at the premises; boiler service products means any of our products that provide boiler services specifically designed for domestic properties; boiler means the domestic boiler in your premises, which is fired by natural gas (and not liquid propane gas or oil) supplied from the mains gas supply for the purpose of heating domestic hot water and/or for heating a central heating system; central heating system means: in respect of HomeComfort Premium Care and Landlord Boiler Care, the following components of a boiler and standard water-based central heating system: boiler and standard controls; standard time clock or programmer; room thermostat; cylinder thermostat; frost thermostat; circulating pump; motorised valves; thermostatic radiator valves; radiators; lockshield and wheelhead radiator valves; copper or approved plastic system pipework (excluding domestic water supply and gas supply from gas meter to appliance connection); standard vented hot water cylinder; feed and expansion tank or filling loop; and pressure vessel. Please note that it does not include commercial boilers or commercial controls (see paragraph 5.1); and in respect of a HomeComfort Standard Care, the following components of a boiler and standard waterbased central heating system: boiler and standard controls; standard time clock or programmer; room thermostat; cylinder thermostat; frost thermostat; circulating pump; motorised valves; thermostatic radiator valves; contract means either: (a) the elements of the application form which relate to the relevant Product and these terms and conditions; or (b) the verbal agreement; contract year means the 12 month period beginning on the start date of the contract (or any renewal date); date of sale means the date on which we accept your application; exclusion period means the period commencing on the date of sale of the Product to you and ending on the later of: (i) The conclusion of the day falling 21 days after that date of sale; and (ii) The date we receive your first successful Direct Debit payment; gas safety certificate means the record of a gas safety check conducted at the premises in accordance with the requirements of Regulation 36(3) of The Gas Safety (Installation and Use) Regulations 1998 (as amended or replaced from time to time); gas safety services means, in respect of a Landlord Boiler Care Product, the services described in paragraph , comprising of a gas safety check and the provision of a gas safety certificate; HomeComfort Care Products means Home Comfort Premium Care and the HomeComfort Standard Care; HomeComfort Premium Care is the name of our boiler and radiator service product (as described in paragraph 3), which provides support for the components of the central heating system set out in paragraph (a) of the definition of central heating system above; HomeComfort Standard Care is the name of our boiler service product (as described in paragraph 3), which provides support for the components of the central heating system set out in paragraph (b) of the definition of central heating system above; Landlord Boiler Care is the name of our boiler service product specifically designed for landlords (as described in paragraph 4), which includes an annual boiler service, boiler breakdown repair and the gas safety services; Landlord Fast-Track Boiler Care is the name of our boiler service product for landlords who require the gas safety services in a short timeframe as described in paragraph 4, which product provides the same services as Landlord Boiler Care, with certain fasttrack features that are specifically described in relation to the Landlord Fast-Track Boiler Care Product in paragraph 4; Landlord Boiler Care Products means Landlord Boiler Care and Landlord Fast-Track Boiler Care; 03

4 letter means the written confirmation letter from us to you which records and details the agreement between you and us made in the verbal agreement; premises means the private domestic residential premises where the equipment supported under this contract is situated, as identified in the contract; Product means the relevant central heating service product as set out in your contract, being one of the following: (i) (ii) (iii) (iv) HomeComfort Premium Care; HomeComfort Standard Care; Landlord Boiler Care; or Landlord Fast-Track Boiler Care; renewal date has the meaning given to it in paragraph 9.1; start date has the meaning given to it in paragraph 2.5; verbal agreement means the agreement, incorporating these terms and conditions, for the provision of a Product at the premises as a result of our acceptance of your verbal application and as recorded in the letter; we and us means ScottishPower Energy Retail Ltd (company number SC190287) and/or our successors and assignees, and our means belonging to us; and you and customer means you, the individual customer with whom we have entered into this contract and your means belonging to you. 2. The Contract and Start Date 2.1 The contract is between you and us. 2.2 The contract will be concluded on the date of sale, this being the date on which we accept your application. 2.3 The contract is for the provision by us of the specific Product you have chosen (on your application form or in your verbal agreement) from one of the following options:- (i) (ii) (iii) (iv) HomeComfort Premium Care; HomeComfort Standard Care; Landlord Boiler Care; or Landlord Fast-Track Boiler Care. and the components which are included under the scope of each Product are set out in the definition of central heating system in paragraph 1 (Definitions) (and, in respect of the gas safety services to be provided under the Landlord Boiler Care Products, in paragraph (i)). 2.4 We will process your application as soon as possible. 2.5 Even though the contract is concluded at the date of sale, the start date for your Product will be the date on which we receive your first successful Direct Debit payment or, in the case of the Landlord Fast-Track Boiler Care Product, when we receive the upfront payment from you. Without prejudice to the exclusion period under paragraph 2.6, we will not provide any services under the contract before the start date. 2.6 You should note that we will not provide any emergency or breakdown services under the HomeComfort Care Products or the Landlord Boiler Care Products within the applicable exclusion period. 04

5 3. HomeComfort Care Products This paragraph 3 applies only where you have purchased a HomeComfort Care Product. 3.1 HOMECOMFORT CARE PRODUCTS WHAT S INCLUDED Overview Subject to the limitations set out in this contract, the HomeComfort Care Products include: (i) An initial inspection of your central heating system, which we will aim to perform within 28 days of the start date. Please see paragraph (Initial Inspection and Remedial Works) for more details of the initial inspection. Circumstances including, but not limited to, adverse weather conditions and excessive increases in emergency breakdown volumes may impact this timescale. Where we have not made an appointment for the initial inspection within that 28 day period, it is your responsibility to request an initial inspection. If you do not request an initial inspection within 90 days of the start date, we shall carry out the initial inspection upon your first annual service and operational safety check or at your first breakdown call out (whichever is earlier). (ii) An annual service and operational safety check (please see paragraph (Service and Operational Safety Checks) for more details). (iii) The cost of labour and parts for repairs needed to maintain your central heating system in working order in accordance with your HomeComfort Care Product option, provided that any such repairs will only be provided by us to you after the exclusion period has come to an end. If we have to replace any parts to maintain your central heating system, we will use parts of a similar or standard specification. (iv) An unlimited number of call outs to perform repairs to your central heating system which are included under the scope of the relevant HomeComfort Care Product, provided that any such call outs and repairs will only be provided by us to you after the exclusion period has come to an end. (v) Access to our 24 hour, 365 day free-phone customer helpline, provided that any call outs or repairs will only be provided by us to you after the exclusion period has come to an end Initial Inspection and Remedial Works All initial inspections are carried out by us in the manner set out in this paragraph in order to confirm whether your central heating system can be supported under the HomeComfort Care Products It is your responsibility to ensure access is provided so that we can complete an initial inspection of your central heating system. The initial inspection will allow us to confirm whether we can provide the relevant HomeComfort Care Product to you under the HomeComfort Care Products If you do not provide access for an initial inspection by us where either (a) an appointment has been made or (b) no appointment has been made and you have failed to contact us within 90 days from the start date, you acknowledge and agree that you will not be entitled to any initial inspection until your first breakdown call out or your first annual service and operational safety check Where your central heating system passes our initial inspection, we will aim to carry out your first annual service and operational safety check at the same time as the initial inspection If you call with a breakdown or emergency prior to our initial inspection, or if the initial inspection has been carried out but we have notified you that remedial works are required, we reserve the right to charge you for any work carried out, including labour and parts. We also reserve the right not to carry out any such work requested At the initial inspection, we will complete an inspection checklist If, immediately prior to this contract, you received from us any similar services within our range of boiler service products, then under this contract we may not (at our sole discretion) provide the initial inspection If you upgrade from the HomeComfort Standard Care to HomeComfort Premium Care we may not undertake a further initial inspection If we identify a problem at the initial inspection or if it is identified at your first breakdown call out or at your first annual service and operational safety check (where an initial inspection has not yet been carried out) that your central heating system cannot be supported under the HomeComfort Care Products: (i) We will identify and advise you of any remedial work required to bring your central heating system up to a satisfactory standard that we can support. The cost of any necessary remedial work is not included in the HomeComfort Care Products, and you will be required to have such remedial work carried out and pay for such work if you want the contract to continue; and 05

6 (ii) All remedial work identified and advised to you must be carried out satisfactorily and by a Gas Safe registered engineer within 14 days from the date of the initial inspection If your central heating system fails the initial inspection and cannot be supported under the HomeComfort Care Products, or it is identified at your first breakdown call out (where no initial inspection has yet been carried out) that your central heating system cannot be supported under the HomeComfort Care Products and either: (i) you decline to undertake any remedial work identified as necessary to bring the central heating system up to the required standard to pass the initial inspection; or (ii) you have not notified us that such remedial work has been carried out within 14 days of the date of the initial inspection or first breakdown call out (as applicable), then the contract will be cancelled and we may, acting reasonably and in good faith, provide you with a refund of any payments made by you to us under this contract If you notify us that the remedial works required following the initial inspection have been carried out, we reserve the right to carry out a further inspection and if such work is not to our satisfaction then the contract will be cancelled and we may, acting reasonably and in good faith, provide you with a refund of any payments made by you to us under this contract We apply limitations on the age of the boilers we can support under the HomeComfort Care Products. In addition, we may apply some reasonable limitations central heating system ages, makes and/or models which we can support under the HomeComfort Care Products Service and Operational Safety Check We aim to carry out the service and operational safety check annually Subject to paragraph , we aim to carry out the first service and operational safety check at the same time as the initial inspection where the central heating system passes our initial inspection, and we aim to carry out any subsequent service and operational safety check on or around the anniversary of the preceding service and operational safety check, subject to your appointment preferences and our workforce availability. Circumstances which impact on our workforce availability including, but not limited to, adverse weather conditions and excessive increases in emergency breakdown volumes, may impact this timescale and we may need to rearrange any planned appointment with you on giving you reasonable notice. We aim to conduct the majority of annual service and operational safety check visits during the spring and summer months If, immediately prior to this contract, you received from us any similar services within our range of boiler service products then under this contract we will aim to continue to provide the service and operational safety check (if appropriate) on or around the anniversary of your preceding service and operational safety check carried out under the terms of your previous boiler service product The service and operational safety check may include a full strip down service if we consider appropriate Without prejudice to our rights under paragraph 8.3, if we do not obtain access for the purposes of conducting an annual service and operational safety check on at least two occasions, or if you do not respond to reasonable attempts to contact you, we may (at our sole discretion) infer that you do not wish to have the annual service and operational safety check carried out within that contract year in which case we will move your annual service and operational safety check to around the same time the following contract year. We will not be obliged to refund any payments made by you in such circumstances, and you can still arrange for an annual service and operational safety check to be carried out before the end of that contract year by contacting us to arrange a new appointment Emergencies and Breakdowns For emergencies and breakdowns you can contact our 24-hour, 365 days a year manned helpline at any time. We will treat emergencies and breakdown calls as a priority over initial inspection visits and annual service and operational safety check calls The provisions of paragraphs 8.2 and 8.3 shall also apply in relation to appointments for emergencies and breakdowns. 3.2 HOMECOMFORT CARE PRODUCTS WHAT S NOT INCLUDED The exclusions set out in paragraph 5 (General Exclusions) apply to the HomeComfort Care Products. 06

7 4. Landlord Boiler Care Product This paragraph 4 applies only where you have purchased a Landlord Boiler Care Product. 4.1 LANDLORD BOILER CARE PRODUCT WHAT S INCLUDED Overview Subject to the limitations set out in this contract, the Landlord Boiler Care Products include: In relation to your central heating system: (i) An initial inspection of your central heating system. We will aim to perform this within 28 days from the start date for Landlord Boiler Care and within 14 days from the start date for Landlord Fast-Track Boiler Care. Please see paragraph (Initial Inspection and Remedial Works) for more details of the initial inspection. Circumstances including, but not limited to, adverse weather conditions and excessive increases in emergency breakdown volumes may impact this timescale. Where we have not made an appointment for the initial inspection within the stated time period, it is your responsibility to request an initial inspection. If you do not request an initial inspection within 90 days of the start date, we shall carry out the initial inspection upon your first annual service and operational safety check or at your first breakdown call out (whichever is earlier). (ii) An annual service and operational safety check of your central heating system (please see paragraph (Service and Operational Safety Checks) for more details). (iii) The cost of labour and parts for repairs needed to maintain your central heating system in working order in accordance with your Landlord Boiler Care Product option, provided that any such repairs will only be provided by us to you after the exclusion period has come to an end. If we have to replace any parts to maintain your central heating system we will use parts of a similar or standard specification. (iv) An unlimited number of call outs to perform repairs to your central heating system which are included under the scope of the Landlord Boiler Care Products, provided that any such call outs and repairs will only be provided by us to you after the exclusion period has come to an end. (v) Access to our 24 hour, 365 day free-phone customer helpline, provided that any call outs or repairs will only be provided by us to you after the exclusion period has come to an end In relation to the Gas Safety Services: (i) A safety check of one boiler and up to five gas appliances located at the premises. The appliances may be a hob, cooker or fire. We aim to perform the gas safety check within 28 days of the start date for Landlord Boiler Care and within 14 days from the start date for Landlord Fast-Track Boiler Care. We generally try (where possible) to carry out the gas safety check at the same time as the initial inspection. Where your property includes more than five gas appliances, it will be at our discretion if we are able to complete the gas safety services and provide a gas safety certificate. (ii) A gas safety certificate detailing the gas safety check and any actions taken as a result of the safety check (for example, capping an appliance). (iii) With Landlord Boiler Care, if your boiler fails the initial inspection, we will not be able to provide you with the gas safety services until the required remedial work has been completed and a second inspection has been passed. Please see paragraphs and below for more information on this. (iv) With Landlord Fast-Track Boiler Care, we will provide the gas safety services at the time of initial inspection, regardless of its outcome. See paragraph below for more information. We will not, however, provide the gas safety services (or provide a gas safety certificate) where the boiler is not operational at the time of our visit for any reason. (v) If any of your gas appliances fail the gas safety check, your gas safety certificate will detail any faults discovered and any action carried out by us, such as capping the appliance. It is then your responsibility to ensure the repair or replacement of these gas appliances as required in order to meet gas safety regulations. (vi) We will send you a copy of your gas safety certificate via within 72 hours of its completion. It is your responsibility to provide us with your correct address and to provide your tenant with a copy of the certificate within 28 days of the gas safety check. It is also your responsibility to ensure you have received your certificate. You must notify us if you do not have it within 72 hours of completion of the gas safety check. 07

8 (viii) (ix) (vii) We will aim to provide the gas safety services annually, within 12 months of the date on which we last issued a gas safety certificate to you for the premises. It is, however, your responsibility to contact us in sufficient time (bearing in mind your legal obligations) to arrange for the gas safety services to be carried out. You should also take into account that reasons outside our control (such as adverse weather conditions and excessive increases in emergency breakdown volumes) may impact on the availability of appointments and/or our response times. We will not be responsible to you for any delays in carrying out the gas safety services due to reasons outside our control. IT IS YOUR LEGAL RESPONSIBILITY AS A LANDLORD TO ENSURE THAT THE GAS APPLIANCES IN YOUR RENTAL PROPERTIES ARE MAINTAINED IN A SAFE CONDITION AND THAT THE GAS APPLIANCES AND INSTALLATION PIPEWORK ARE CHECKED FOR SAFETY EVERY 12 MONTHS. YOU MUST HOLD A GAS SAFETY CERTIFICATE AS PROOF THAT THE SAFETY CHECKS HAVE BEEN CARRIED OUT. EVEN THOUGH WE HAVE AGREED (SUBJECT TO THESE TERMS AND CONDITIONS) TO CARRY OUT THE GAS SAFETY SERVICES, IT IS AND REMAINS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE MEETING YOUR LEGAL OBLIGATIONS. WE ARE NOT LEGALLY RESPONSIBLE FOR ANY FAILURE BY YOU TO ENSURE THAT THESE CHECKS ARE CARRIED OUT AND COMPLETED IN ACCORDANCE WITH YOUR LEGAL OBLIGATIONS. Without prejudice to our rights under paragraph 8.3, if we do not obtain access for the purposes of providing the gas safety services on at least two occasions, or if you do not respond to reasonable attempts to contact you, we may (at our sole discretion) infer that you do not wish to have the gas safety services carried out within that contract year in which case we will move your annual service and operational safety check to around the same time the following contract year. We will not be obliged to refund any payments made by you in such circumstances, and you can still arrange for the gas safety services to be carried out before the end of that contract year by contacting us to arrange a new appointment. As set out in paragraph (viii), we are not legally responsible for any failure by you to ensure that gas safety checks are carried out and completed in accordance with your legal obligations, including, but not limited to, in circumstances where you have failed to provide access, or you have failed to respond to any attempts by us to contact you, for the purposes of us providing the gas safety services Initial Inspection All initial inspections are carried out by us in the manner set out in this paragraph in order to confirm whether your central heating system can be supported under the Landlord Boiler Care Products It is your responsibility to ensure access is provided so that we can complete an initial inspection of your central heating system. The initial inspection will allow us to confirm whether we can provide the Landlord Boiler Care Product to you under this contract If you do not provide access for an initial inspection with us where either (a) an appointment has been made or (b) no appointment has been made and you have failed to contact us within 90 days from start date, you acknowledge and agree that you will not be entitled to any initial inspection until your first breakdown call out or your first annual service and operational safety check Where your central heating system passes our initial inspection, we will aim to carry out the gas safety check at the same time as the initial inspection If you have purchased the Landlord Fast-Track Boiler Care, we will aim to carry out the gas safety check and provide the gas safety certificate at the same time as the initial inspection, regardless of the outcome of your initial inspection. We will not, however, provide the gas safety services where the boiler is not operational at the time of our visit for any reason If you call with a breakdown or emergency in relation to your central heating system prior to our initial inspection, or if the initial inspection has been carried out but we have notified you that remedial works are required, we reserve the right to charge you for any work carried out, including labour and parts. We also reserve the right not to carry out any such work requested At the initial inspection, we will complete an inspection checklist If immediately prior to this contract you received from us any similar services within our range of boiler service products, then under this contract we may (at our sole discretion) not provide the initial inspection of the central heating system. 08

9 If you upgrade from any of our boiler service products to a Landlord Boiler Care Product and the relevant central heating system has recently had an initial inspection, we may not undertake a further initial inspection. We will, however, carry out the gas safety services in accordance with the contract If we identify a problem with your central heating system at the initial inspection or if it is identified at your first breakdown call out or at your first annual service and operational safety check (where an initial inspection has not yet been carried out) that your central heating system cannot be supported under the Landlord Boiler Care Products: (i) We will identify and advise you of any remedial work required to bring your central heating system up to a satisfactory standard that we can support. The cost of any necessary remedial work is not included in this the Landlord Boiler Care Products, and you will be required to have such remedial work carried out and pay for such work if you want the contract to continue; and (ii) All remedial work identified and advised to you must be carried out satisfactorily and by a Gas Safe registered engineer within 14 days from the date of the initial inspection If your central heating system fails the initial inspection and cannot be supported under the Landlord Boiler Care Products, or it is identified at your first breakdown call out (where no initial inspection has yet been carried out) that your central heating system cannot be supported under the Landlord Boiler Care Products: (i) Subject to paragraph , we will be unable to provide you with the gas safety services unless and until you undertake the remedial work in accordance with paragraph and notify us when it has been carried out; and (ii) If you decline to undertake any remedial work in accordance with paragraph , or if you have not notified us that such remedial work has been carried out within 14 days of the date of the initial inspection, then the contract will be cancelled and we may, acting reasonably and in good faith, provide you with a refund of any payments made by you to us under this contract Under the Landlord Fast-Track Boiler Care product, we will still carry out the gas safety check and provide the gas safety certificate at the same time as the initial inspection (provided that your boiler is operational at the time of our visit), even where we have identified a problem or issue pursuant to paragraph Accordingly, where the contract subsequently terminates under paragraph , the upfront payment that you have made will not be refunded If you notify us that the remedial works required following the initial inspection have been carried out, we reserve the right to carry out a further inspection and if such work is not to our satisfaction then the contract will be cancelled and we may, acting reasonably and in good faith, provide you with a refund of any payments (other than the upfront payment under the Landlord Fast-Track Boiler Care product) made by you to us under this contract We apply limitations on the age of the boilers we can support under the Landlord Boiler Care Products. In addition, we may apply some reasonable limitations on central heating system ages, makes and/or models which we can support under the Landlord Boiler Care Products Gas Safety Services and Service and Operational Safety Check We aim to carry out the gas safety services and, in relation to your central heating system, its service and operational safety check annually Subject to paragraph , we aim to carry out the gas safety check, first service and operational safety check at the same time as the initial inspection where the central heating system passes our initial inspection. We aim to carry out any subsequent service and operational safety checks and gas safety check before the anniversary of the date on which the preceding service and operational safety check and gas safety check was carried out, subject to your appointment preferences and our workforce availability. Circumstances which impact on our workforce availability (including, but not limited to, adverse weather conditions and excessive emergency breakdown volumes) may impact this timescale and we may need to rearrange any planned appointment with you on giving you reasonable notice. We aim to conduct the majority of annual service and operational safety check visits during the spring and summer months. 09

10 If, immediately prior to this contract, you received from us any similar services within our range of boiler service products, then under this contract we will aim to continue to provide the service and operational safety check (if appropriate) on or around the anniversary of your preceding service and operational safety check carried out under the terms of your previous boiler service product The service and operational safety check may include a full strip down service if we consider appropriate Without prejudice to our rights under paragraph 8.3, if we do not obtain access for the purposes of conducting an annual service and operational safety check on at least two occasions, or if you do not respond to reasonable attempts to contact you, we may (at our sole discretion) infer that you do not wish to have the annual service and operational safety check carried out within that contract year in which case we will move your annual service and operational safety check to around the same time the following contract year. We will not be obliged to refund any payments made by you in such circumstances, and you can still arrange for an annual service and operational safety check to be carried out before the end of that contract year by contacting us to arrange a new appointment Emergencies and Breakdowns For emergencies and breakdowns to your central heating system, you can contact our 24-hour, 365 days a year manned helpline at any time. We will treat emergencies and breakdown calls as a priority over initial inspection visits and annual service and operational safety check calls. Please note that this emergencies and breakdown service does not apply to your gas appliances It is possible for your tenant, letting agent or a third party to call us directly to arrange an emergency or breakdown appointment under the Landlord Boiler Care Products. They will be required to quote the address, post code and your name to do so. Please see paragraphs and for more details on this The provisions of paragraphs 8.2 and 8.3 shall also apply in relation to appointments for emergencies and breakdowns. 4.2 LANDLORD BOILER CARE PRODUCTS WHAT S NOT INCLUDED The exclusions set out in paragraph 5 (General Exclusions) apply to the Landlord Boiler Care Products. In addition to the general exclusions set out in paragraph 5 (General Exclusions), the exclusions set out in this paragraph 4.2 apply to the gas safety services to be provided by us under the Landlord Boiler Care Products The gas safety services do not include any services, work, materials and/or parts (or the associated costs of any services, work, materials and/or parts) relating to:- (a) any work involved in accessing your gas appliances and/or installation pipework where this is not readily accessible as a result of design fault; (b) the repair, maintenance and/or support of any gas appliances; (c) any repairs or remedial works to any gas appliance(s) found to be necessary in the course of the provision of the gas safety services; or (d) any repeat inspections of such gas appliances Where the costs in accessing all relevant parts of your gas appliances and/or your installation pipework (for the gas safety services) are in our reasonable opinion excessive, you will make such arrangements (at your own cost) as we may require in order to gain access to allow us to carry out the gas safety services. 10

11 5. GENERAL EXCLUSIONS 5.1 The Products only include a single domestic boiler located at the premises, which must have a heat input capacity of 70kW or less. You should also note that the Products do not apply to any commercial boilers (including, but not limited to, boilers with a heat input capacity in excess of 70kW) or to any commercial controls (including, but not limited to, pumps, valves and other controls which are designed for use in commercial premises and/or in respect of commercial heating controls). In addition, underfloor heating systems, pressurised cylinders, unvented hot water systems, condensate pumps, standalone thermal store appliances, magnetic filtration devices, system pipework and domestic utility supply pipes (including, but not limited to, cold feed mains water supply pipes and gas supply pipes) are not included under any Product. In no circumstances will we be required to replace your boiler and/or central heating system under any Product. 5.2 The Products do not include any services, work, materials and/or parts (or the associated costs of any services, work, materials and/or parts) that are required: (a) as a result of (i) your boiler and/or any other part of your central heating system not being accessible due to a design fault, (ii) your boiler and/or any other part of your central heating system not complying with relevant British Standards, (iii) your own misuse, intentional damage or negligence, or any damage caused by any third party, and/or (iv) any damage arising from your failure to carry out any repairs to your boiler and/or central heating system that we have advised you to carry out; (b) to carry out (i) any chemical system and/or radiator flushes, (ii) the rectification or removal of any physical blockages (such as sludge) or the removal of any airlocks and/or (iii) the removal of hazardous materials (including, but not limited to, asbestos) from the premises; (c) as a result of (i) any external damage (including, but not limited to, damage caused by flood, storms, freezing, lightning, fire, accident, explosion, subsidence) or other structural changes (we recommend that you check that your home insurance policy covers these risks) and/or or (ii) any issues with or changes in utility supplies (including, but not limited to, electricity, gas or water) howsoever arising; and/or (d) to reset controls (for example, but without limitation, timer settings), unless required as part of the repair or replacement of a faulty component that is supported under your HomeComfort Care Product or Landlord Boiler Care Product (if applicable). 5.3 In addition to the other relevant exclusions set out in this contract, the Products do not include any work, materials and/or parts (or the associated costs of any work, materials and/or parts) that are required in connection with any breakdown of and/or repair to your boiler and/or your central heating system where: (a) spare parts are not readily available through our approved suppliers; (b) in our technical and professional opinion the cost of carrying out a necessary repair to (i) your boiler is more than the residual value of your boiler by reference to its age and condition or (ii) your central heating system (i.e. excluding your boiler) is more than the residual value of your central heating system (i.e. excluding your boiler); (c) the repair is needed as a result of design faults, or faults or defects that existed before you entered into the contract but which we could not (using reasonable skill and care) identify at the initial inspection, but which if identified would have required to have been rectified by you under paragraph or (as applicable) (including, but not limited to, defective pipework); (d) the repair relates to any non-standard components and/or the repair and/or replacement of decorative parts of your central heating system (for example decorative radiator covers). If your central heating system includes any non-standard component type (for example heated towel rails, or designer, column or cast-iron radiators) where repairs or replacements are necessary, we may replace any such non-standard components with standard components of an equivalent output, unless you to us pay any additional costs associated with the non-standard components; (e) a repair to a flue is required, where (i) that flue is not part of the central heating system or (ii) access to that flue was not readily accessible or the flue could not otherwise be accessed or inspected by us (using reasonable skill and care) at the initial inspection; and/or (f) the breakdown occurred during the applicable exclusion period. 11

12 5.4 Where paragraph 5.3(a) or 5.3(b) applies, we will notify you and you will be required to replace the boiler and/or central heating system (as the case may be) at your own cost. We will endeavour to help you identify options for replacing the boiler and/or central heating system, such as grant funding, incentives and discounted offers. You must notify us when the boiler and/or central heating system has been replaced, and we reserve the right to carry out an inspection and if such replacement is not to our satisfaction then the contract will be cancelled and we may, acting reasonably and in good faith, provide you with a refund of any payments made by you to us under this contract. 5.5 If, within 28 days of the date on which we require you to replace your boiler and/or central heating system under paragraph 5.4, you do not have your boiler and/or central heating system replaced or you have not given us notice as required under paragraph 5.4, this contract may be cancelled by us in accordance with paragraph 7 (Cancellation) and we may, acting reasonably and in good faith, provide you with a refund of any payments made by you to us under this contract. 5.6 Where the costs in accessing all relevant parts of your boiler and other parts of your central heating system are in our reasonable opinion excessive, you will make such arrangements (at your own cost) as we may require in order to gain access to allow us to provide the relevant services to you. 5.7 We are not legally responsible or liable to you for (i) any damage to other property that is caused by a fault in your boiler or central heating system (for example, but without limitation, where the boiler leaks and caused water damage to carpets); and/or (b) any redecoration or repair/ replacement of any fixtures and fittings, surface or floor coverings required as a result of us attending at your premises and/or carrying out any work. Such matters are your responsibility, unless directly caused by our negligence in providing the relevant Product to you, or by us breaching the contract. 5.8 We will not carry out any work at the premises where there is a health and safety risk and/ or where there is any other risk to the safety, security and/or wellbeing of any our staff or contractors (including, but not limited to, where there is any threatening or aggressive behaviour towards our staff or contractors). Work at the premises cannot be carried out unless and until we are satisfied that the relevant risk has been removed. A health and safety risk may include, for example, risk of physical danger to our employees or contractors or presence of hazardous materials (including, but not limited to, asbestos) on the premises. 6. PAYMENT 6.1 Your payments for: (a) a HomeComfort Care Product that we provide to you under this contract will fall due monthly in advance, and will be paid by you by monthly Direct Debit only; and (b) a Landlord Boiler Care Product that we provide to you under this contract will fall due monthly in advance, and will be paid by you by monthly Direct Debit only. If we are providing the Landlord Fast-Track Boiler Care product to you under this contract, you will also be required to pay an initial upfront payment at the time of sale. Your monthly Direct Debits will be reduced to reflect this upfront payment. You should note that, subject to paragraph 7 (Cancellation), this initial upfront payment is non-refundable. 6.2 The price for the Products is inclusive of any VAT. 6.3 If you fail to ensure that sufficient funds are available in your bank account to cover your Direct Debit payment due under this contract on two or more occasions, we may cancel your contract immediately and we will notify you in writing. You will not be entitled to any refund of any payments you have made prior to this cancellation. 12

13 7. CANCELLATION Paragraph 7.1 describes your and our rights to cancel the contract, which are applicable to all Products. Paragraphs 7.2 to 7.4 describe certain consequences of the contract being cancelled, which apply depending on which Product you have purchased. 7.1 RIGHTS OF CANCELLATION You or we may cancel this contract at any time by giving at least 28 days written notice We may cancel the contract immediately by giving written notice in the following circumstances: (i) you provide false information (on your application form or otherwise); (ii) you fail to make your first Direct Debit payment or subsequently fail to make at least one of your monthly Direct Debit payments; (iii) you cancel your Direct Debit instruction with your bank and you do not set up a replacement Direct Debit instruction (or you do not notify us that you have set up a replacement Direct Debit instruction); (iv) if (a) spare parts are not readily available to allow us to maintain your central heating system; or (b) if in our technical and professional opinion the cost of carrying out a necessary repair to your: (A) central heating system (excluding your boiler) is more than the residual value of your central heating system (excluding your boiler) by reference to its age and condition; and/or (B) boiler is more than the residual value of your boiler by reference to its age and condition; (v) circumstances arise (including, but not limited to, where there are health and safety issues such as asbestos being discovered and/ or where there is any risk to the safety, security and/or wellbeing of any our staff or contractors) which prevent us from providing the relevant Product to you; (vi) we are unable to access your premises as set out in paragraph 8.3; (vii) your central heating system and/or boiler cannot be supported by us as set out in paragraphs , , , , 5.4, 5.5 and/or 11.3; or (viii) in the case of the Landlord Fast-Track Boiler Care Product, if the upfront payment from you does not clear or is otherwise rejected by your debit/credit card provider In addition to your right under paragraph 7.1.1, you may cancel this contract: (i) by giving us written notice prior to any renewal of the contract as set out in paragraph 9.4; or (ii) by giving us notice in writing if we notify you of certain changes to the contract as set out in paragraph In addition to your rights under paragraphs and 7.1.3, you may cancel the contract by notifying us during your cooling off period that you wish to cancel. Your cooling off period is the period which begins on the date of sale and which ends 14 days after (i) the date of sale or (ii) if later, the date on which you receive confirmation of the contract from us (for instance, by way of a confirmation letter or similar communication). If you do wish to cancel under this paragraph 7.1.4, you may use the model cancellation form which is available on our website ( or provide us with any other clear statement to that effect If you wish us to provide any services under this contract to you before the expiry of the cooling off period referred to in paragraph 7.1.4, you must expressly request that we do so. You should be aware that, if you subsequently decide to cancel the contract under paragraph 7.1.4, you must pay us for the services which we have provided up until the point that you tell us that you wish to cancel. The amount due by you will be a proportion of the total charges for the relevant Product under the contract, having regard to the services provided by us prior to cancellation. 13

14 7.2 CONSEQUENCES OF CANCELLATION HOMECOMFORT CARE PRODUCTS This paragraph 7.2 only applies where you have purchased a HomeComfort Care Product If you cancel the contract within the cooling-off period referred to in paragraph and before we have carried out your initial inspection or any other services, you will be entitled to receive a full refund of any payments you have made If you or we cancel the contract under paragraph on providing at least 28 days prior written notice, we will charge you for any outstanding payments due to cover the 28 day period If within the three month period following the initial inspection or annual service and operational safety check visit being carried out or within the six month period following us carrying out a repair to your central heating system under this contract (i) you cancel the contract; or (ii) we cancel the contract because you have provided false information or you have failed to make two or more monthly payments in any contract year, then the following cancellation charges will apply. The cancellation charges help us to pay for costs we have incurred to provide services under the contract, but which (at the time of cancellation) we have not recovered from payments made by you to us. The costs include carrying out repairs or annual checks (if applicable) and other administrative and organisational costs, and may include one or more of these costs. ScottishPower HomeComfort Care Products Cancellation Fees Cancel contract within 3 months of the initial inspection or annual service and operational safety check being carried out. Cancel contract within 6 months of a repair being carried out on your central heating system. Cancellation charge (inc VAT) Up to 50 Up to If we cancel your contract as a result of the outcome of any initial inspection, we may (acting reasonably and in good faith) give you a full refund of any payments you have made under this contract If you or we cancel the contract for any reason, then you will not be entitled to a refund of any payments you have made under this contract (except where a refund is provided by us to you pursuant to paragraph or 7.2.4). 14

15 7.3 CONSEQUENCES OF CANCELLATION LANDLORD BOILER CARE PRODUCTS This paragraph 7.3 only applies where you have purchased a Landlord Boiler Care Product If you cancel the contract within the cooling-off period referred to in paragraph and before we have carried out the gas safety services or any other services, you will be entitled to receive a full refund of any payments you have made (including the upfront payment) If you or we cancel the contract under paragraph on providing at least 28 days prior written notice, we will charge you for any outstanding payments due to cover the 28 day period If within the three month period following the initial inspection, gas safety check or annual service and operational safety check visit being carried out or within the six month period following us carrying out a repair to your central heating system under this contract (i) you cancel the contract; or (ii) we cancel the contract because you have provided false information or you have failed to make two or more monthly payments in any contract year, then the following cancellation charges will apply. The cancellation charges help us to pay for costs we have incurred to provide services under the contract, but which (at the time of cancellation) we have not recovered from payments made by you to us because the contract has been cancelled. The costs include carrying out repairs or annual checks (if applicable) and other administrative and organisational costs, and may include one or more of these costs If we cancel your contract as a result of the outcome of any initial inspection: (i) Landlord Boiler Care customers, we may (acting reasonably and in good faith) give you a full refund of any payments you have made under this contract. (ii) Landlord Fast-Track Boiler Care customers, we will give you a full refund of any subsequent payments you have made after your initial upfront fee under this contract. ScottishPower Landlord Boiler Care Products Cancellation Fees Cancel contract within 3 months of the initial inspection, gas safety service or annual service and operational safety check being carried out. Cancel contract within 6 months of a repair being carried out on your central heating system. Cancellation charge (inc VAT) Up to 50 Up to As the Landlord Fast-Track Boiler Care involves the provision of the initial inspection, first service, operational safety check and gas safety services within the cooling-off period referred to in paragraph 7.1.4, your purchase of this Landlord Boiler Care Product constitutes an express request by you for the provision of such services prior to the expiry of the cooling-off period referred to in paragraph In the event that you cancel the contract after these services (or any of them) have been provided, we shall be entitled to retain the upfront payment to cover the cost of providing the services. In the event that the upfront payment does not cover these costs in full, we shall be entitled to charge you for the outstanding balance If you or we cancel the contract for any reason, then you will not be entitled to a refund of any payments you have made under this contract (except where a refund is provided by us to you pursuant to paragraph or 7.3.4). 15

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