Air Conditioning Services Terms and Conditions

Transcription

1 Definitions Air Conditioning Services Terms and Conditions Thank you for choosing British Gas. Introduction to your Terms and Conditions This document sets out the terms and conditions that will apply to the services we will provide you and forms the basis of your contract with us. It is important you read this document carefully. If you have any questions, please call us on Once you have agreed to the services, we agree to carry out the services in accordance with the terms and conditions of this contract. 1. Understanding these Terms and Conditions By we, us or our, we mean British Gas Services (Commercial) Limited (company number ), with registered office at Millstream, Maidenhead Road, Windsor, Berkshire, SL4 5GD and its agents, employees and subcontractors who administer and provide the services on behalf of British Gas. By you or your, we mean the person and/or business contacting us in relation to the services and who shall have the authority to act and be bound. Some of the words and phrases we have used have a particular meaning. We have highlighted these words in bold and explained what they mean below and throughout these terms and conditions. accidental damage means when you inadvertently do something that stops your system from working properly. British Gas is a trading name of British Gas Services (Commercial) Limited (Company number ), part of Centrica plc, with registered office at Millstream, Maidenhead Road,. contract means the agreement between you and us for the provision of the services by us in accordance with these terms and conditions. premises means the address where the system is located. repair means a single repair to fix your system following a fault or individual breakdown. For the avoidance of doubt, a repair does not include a service check, repairing any unrelated faults, any upgrades, any work needed to bring your system up to current standards or any of the general exclusions in Clause 4. services means the service check, warranty service and/or a repair (as applicable). service check means a one off standard service check on the system, which will check whether the system is safe and in good working order in accordance with SFG20 guidance as issued by the Building Engineering Services Association. Where applicable, you will be provided with an air conditioning service record (a statutory requirement). For the avoidance of doubt, a service check will not include the cost of any parts and labour if the system requires a repair, any upgrades or any work needed to bring your system up to current standards. system means the air-conditioning units nominated by the customer and consisting of one or more condensers, one or more evaporators (including local controller(s)), interconnecting pipe work and control wiring.

2 upgrade means an improvement that makes your system safer or more efficient than intended by the original design. warranty services means the provision of our guarantee as described in Clause 2.2 of this contract. 2. General Conditions 2.1 Your appointment We will offer you an all day appointment time between 8am and 5pm (Monday to Friday, excluding bank holidays). Out of hours appointments are not possible unless we advise you otherwise and may be subject to additional charges. If we arrive at your appointment and there is nobody there to meet us or we cannot gain access we will not be able to carry out the necessary services and you will need to arrange another appointment. Please note we will only work in your premises if there is someone over the age of 18 at the premises at all times. Where possible, you will provide us with a suitable vehicle parking facility free of charge and close to the premises. If one is not available, we reserve the right to expense you for any reasonable charges. Where we cannot gain access, we may apply an aborted visit fee of 75 (excluding VAT). The time estimate provided for completing the services is our best estimate and we will make every reasonable effort to complete services on time. However, we cannot be responsible for delays due to circumstances beyond our control such as fire, accidents, war, bad weather conditions, industrial disputes, strikes, lockouts which we are not directly involved in or discovering issues at the premises that are unforeseeable. In such situations, we may change the time estimates we originally gave you or cancel the contract. At your first appointment, we will confirm whether the information you provided us about your system is correct. We can only carry out services to systems on our approved lists and can only carry out a repair to a system that has had a service check to establish the cause of the fault. Where the information you provided is found to be incorrect we may apply a different price to the contract or choose to cancel the contract. Our cancellation rights are specified in Clause 3.2 below. We may charge a call out fee where we cancel the contract through no fault of our own. You will ensure that we are able to isolate the system for the entire duration of the services and you acknowledge that the heating & cooling functionality of the system will be disrupted during our provision of the services. You further acknowledge that, in the event that we discover any leaks during the provision of our services, the system will remain isolated to ensure no further leaks are possible. Gas will be decanted if required. At your appointment, we may recommend building or other work before the services are carried out. Any delays to the start of the services as a result of such work not being completed will not be our responsibility. In carrying out the services, if any part of the system becomes obsolete, unobtainable or beyond economic repair (in our reasonable opinion) we may: supply and fit adequate replacement parts which are not the same as the parts being replaced; or if no adequate parts are available, we shall notify you and we shall be under no further obligation to fulfil the services. If this happens we will refund you an amount which we deem to be an appropriate proportion of the price to reflect the fact that the system is not covered by the services. We will have no further liability to you.

3 There will be additional charges if any other work is needed for unrelated faults, where we only become aware of such work after we start the services or due to unforeseen circumstances such as (without limitation): the fault may be applicable to more than one system. the fault relates to the internal fan in the internal unit but you also you ask us to fix the compressor unit in the external unit; or you would like your system to be more energy efficient or upgraded in some other way. You may engage us to do any such additional works that are not included in this contract or you may get another organisation to carry out the extra work. If you would like us to carry out the additional services, we are happy to quote for this. Until the work is completed, we cannot finish the services. If you do not agree to the extra work being carried out either by us, or another organisation, this contract will be cancelled and you will be responsible for our costs incurred up to the date of cancellation including a call out fee. The services do not include the removal of any dangerous waste such as asbestos. We will remove all non-dangerous materials, including your existing parts or equipment and all nondangerous waste and packaging no longer needed for recycling (where applicable). We will tell you when we plan not to remove any materials/equipment within the premises. If we remove any rubble, the method we use will have been approved by a structural engineer. We accept no legal responsibility for any structural issues that arise at the premises after the services are complete, unless these issues arise as a direct result of our negligence. For the avoidance of doubt, any repair you instruct us to carry out only includes the replacement of parts to the system and does not include the provision of a whole new system. 2.2 Warranty services We will repair or replace any faulty parts we have supplied, or fix any faulty work that we have carried out, for 12 (twelve) months from the date we completed the work, provided that you notify us within 30 (thirty) calendar days of the appearance of the fault or defect (our warranty services ). This will not include design works. We accept no legal responsibility or liability for, and the warranty services shall not include: offering you cash instead of carrying out repairs or replacements; a service check; any accidental damage; repairs or replacements for minor damage that does not stop your system from working properly or does not make it unsafe, for example cosmetic damage; the repair of any damage or defect that has been caused directly or indirectly by your negligence or default or that of any third party or that has been caused deliberately or by misuse (our engineer will use their expert judgement to determine how the damage was caused); the repair of any damage that s caused by changes in, or problems with, the supply of your gas, water or electricity; any loss or damage you suffer if someone changes or interferes with the radio frequency setting of equipment at your premises or it is affected by interference; any defect or faults which may arise later in any part, equipment or ancillary plant that was not included in the repair; any loss of, damage to, or cleaning of property, furniture, premises or fixtures as a result of your system breaking or failing unless we caused it, for example damage caused by water leaks;

4 any damage caused by flood, explosion, lightning, storms, frost or other bad weather conditions; any structural issues that arise at the premises after the works are complete, unless these issues arise as a direct result of our negligence; any fault or defect relating to energy or central heating management systems; damage caused by you or a third party failing to follow the manufacturer s instructions; self-maintenance tasks, for example repressurising and resetting the system; costs relating to access or making good any repairs in accordance with the warranty services; any improvements or upgrades; resetting your controls or replacing the batteries; and any faults which existed prior to this contract and which are not included as part of the repair or the service check regardless of whether we have told you about them before and you have not had them fixed or if we could not reasonably have been expected to know about them before. within a reasonable time, unless something beyond our control makes it impossible in which case we will let you know as soon as possible and give you another time when we can visit. From time to time, we may tell you that your system needs permanent repairs or improvements that are not covered by the warranty services to keep them working safely. If you don t follow this advice it may affect your ability to claim under your warranty services. 2.3 Price The price of the service check was agreed with you at the time you accepted the contract and is set out in a statement provided to you. This price will not change during your contract unless the Government chooses to make a change in the relevant tax rate. If a repair is required to your system, an indicative price for the repair will be provided to you upon request. You acknowledge and accept that the final cost of the repair may differ depending on how long the repair takes to complete, whether any parts are required and if we need to visit you on more than one occasion. You should check all of the above prior to placing any call out for warranty services as call outs for any of the above reasons will be chargeable. We shall have the right, at our sole option, to repair or replace any defective work or part, and any part removed automatically becomes our property. Where we replace any parts these will be British Gas approved and may not necessarily be an identical make and model or type of fitting. If our engineer does not have the parts they need with them, we will first try to get original parts or if not possible, reconditioned parts from the original manufacturer or an approved supplier. We will carry out any repairs or visits you re entitled to as part of the warranty services On the phone we will have agreed with you your preferred payment method and also a deposit (if applicable). You will need to pay the deposit upfront and you will need to pay any other amounts payable by the earlier of the required due dates or within 30 days of request. All prices quoted to you exclude value added tax, which shall be payable at the current rate. If you fail to make any payment by the due date on any invoice, we may charge: fixed-sum charges to a maximum of 100 (in line with the Late Payment of Commercial Debts Regulations 2013); any other reasonable costs of recovery; and interest at 4% above HSBC Bank s base rate from the day after the bill was due,

5 and we may suspend the services until payment is made and/or request you pay the remaining amount of the quoted price in full. We reserve the right to ask you to pay any of the remaining amount of the price immediately and in any event within five (5) working days, regardless of the payment plan previously agreed with you. We reserve the right to offset any credit balances to overdue debit balances. If you don t pay your debt, we may transfer the debt to a third party (such as a debt collection agency), which will include giving them details about you and your debt. 2.4 Where we can provide the services We generally provide the services at premises across all of mainland Great Britain but there are some remote areas that are excluded. If this affects you, we will advise you when we process your application. 2.5 Remedies You acknowledge that the following provision reflects a fair allocation of risk and that the price agreed between us reflects this allocation of risk. Except where required by law, your exclusive remedy for any default by us under this contract shall be, where possible, to obtain the repair, replacement or correction of the defective service to the extent warranted under this contract. If, at our sole discretion, this remedy is deemed not to be economically or technically feasible or effective, then you may obtain a fair partial or full credit or refund of amounts paid for the defective service, except that we will not be liable for any amount in excess of the price of the service. 2.6 Losses not covered We shall not have any liability to you in respect of any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known, direct, indirect or otherwise): loss of profits and revenue; loss of anticipated savings; loss of business or business opportunity; loss of goodwill; loss of use or downtime; and loss of or corruption to data or other information. We will also not be liable for any indirect, special or consequential loss or damage in each case arising out of or in connection with the contract (whether the claim is brought for breach of contract, negligence or any other tort, under statute or otherwise). We do not assume responsibility for any liability which we have not expressly accepted under this contract. Any redecoration or rectification that may be needed following our work (including works required to access your system) is your responsibility, unless we have been negligent. Nothing in this contract will limit our liability for: death or personal injury resulting from our negligence or negligence on the part of our officers, agents, employees or sub-contractors; fraud or fraudulent misrepresentation; or any other matter in respect of which liability cannot by applicable law be limited. 2.7 Subsequent faults and damage Where we need to connect new equipment to your system, we will not accept liability for the cost of repairing or replacing parts of your existing system which subsequently develop faults in the system unless we have been negligent in not realising that such damage may

6 occur or the way in which we did the work caused the fault. 2.8 Health and safety risks We will not begin or continue with the services where we believe that there is a health and safety risk, including the presence of dangerous materials, infestations, or harassment of our staff (including verbal or physical abuse). We will not start work again until there is no longer a health and safety risk and may (at our sole discretion) cancel this contract. 2.9 Adequate electricity supply You will be responsible for ensuring that, there is an adequate electricity supply to your premises during the provision of the services. 3. General Conditions Cancellation 3.1 Your right to cancel You may cancel the services up to fourteen (14) days after the date you accept our quotation. This is your cooling off period. You can ask us to start work before the cooling off period ends. Where you do this and then cancel, we will charge you our reasonable costs for: any work already carried out; any work required to ensure safety to the premises; any bespoke goods that have been ordered; and any goods installed at the premises. We can deduct these costs from any deposit you have paid or bill you for them. You will not be able to cancel the services once work is fully completed or the goods have been installed at the premises. If you choose to cancel we will assume notice of cancellation has been served as soon as it is received by us or, in the case of electronic communication, from the date it is sent to us. Cancelling your Direct Debit through your bank does not mean that you have cancelled your contract. If you stop your Direct Debit without telling us, we will try writing to you to collect the money you owe. If we don t hear from you and you don t pay, we will cancel your contract no less than thirty (30) days after the date we first found out your payment had failed. 3.2 Our cancellation rights We may cancel or, at our discretion, suspend your contract in the following circumstances: if you do not comply with the terms of this contract; if you have given us false information; if you do not pay us when amounts are due; if we have any health and safety concerns about your system or premises (including if the relevant system is condemned); if you do not give us access to your premises if this is needed or if your system is inaccessible; we cannot source parts for your system from our suppliers despite our reasonable attempts; unrelated works are not completed prior to starting the services; if circumstances arise (including health and safety issues) which make it inappropriate for the contract to continue; if we give you fourteen (14) days notice; if a public liability claim has been lodged (reciprocal) we may suspend your contract until the outcome of that claim. if you become insolvent or are unable to pay your debts; if it is required by law; or if your behaviour is deemed offensive or verbally abusive to our employees.

7 We do not tolerate violence, physical aggression or verbal or written abuse towards our staff or agents. If it happens, we can take legal action or report it to the police. If we cancel at your appointment, we will give you a full refund of any money you have paid, less any costs incurred by us. Following termination, we shall be entitled to destroy any information or documentation provided by you. Cancellation of this contract will not affect any other agreements you have with us or related companies (for example, agreements for the same or similar services for other sites). 4. Exclusions 4.1 Design or existing installation faults We will not be responsible for carrying out repairs where there are design or installation faults that were already there when your system was installed. 4.2 Approved equipment For certain products, we keep an approved service list. We only carry out work on systems which are CE safety marked, or for which safety information is available. For systems not included on our approved service list we reserve the right to offer an alternative product. 4.3 Third-party rights Nobody other than you will be able to benefit from your contract, which cannot be passed to someone else without our written permission. 4.4 Making good We will fill in any holes and leave the surface level where access has to be made to your system in order to carry out the services, but we will not be responsible (unless we have been negligent) for any redecoration or rectification that may be needed following the work (for example replacing the original surface). Where we have to replace any components, we will endeavour to replace components with those of an equivalent approved operational standard but we do not guarantee a like for like replacement. 4.5 Other Exclusions Our services do not include or extend to the following: upgrades which you may want to have carried out to improve your system; TM44 inspections; corrective works required to facilitate local electrical isolation prior to service works being undertaken; provision of specialist access equipment required due to system location, including for high-level access at more than 2.5m above floor level; removal of obstructions that prevent free access to the system; any control wiring or other matters buried within the structure of the premises; any system with a Gas Powered Burner incorporated into its heating circuit. Our engineer may be able to service this subject to additional charges; systems with a quantity of Hydrochlorofluorocarbons (HCFCs) greater than 30kg; work on or replacement of nonstandard complex microprocessor controls or building management systems; work that is required to electricity, gas or water supplies before the services can be carried out; repairing or replacing parts of your

8 system that are buried within the fabric of the premises or under floors, where no purpose provided access panels have been provided such as pipe work and system pipe work coils. the lifting and replacement of soft floor coverings such as carpets, vinyl, laminates and carpet tiles, as well as the removal of any decorated panelling boxing or fitted furniture such as kitchen cabinets, shelving or wardrobes. Where agreed with you, we will endeavour to open, lift or remove such coverings or materials with as little disturbance or damage as possible to gain sufficient access to carry out our work but we will not be responsible for any redecoration or professional re-fitting required on completion of that work; removing asbestos associated with repairing the system. When you have had any asbestos removed, you must give us a clean-air certificate before we will do any further work at the premises. By law, the person who removes the asbestos must give you a clean-air certificate; cash alternatives instead of a service; loss or damage you may suffer if radio frequency allocations are subsequently altered by other people that interfere with your system; replacing any batteries for your system controls; and maintenance of the internet connection in your premises. 5. Construction and Design Management Regulations 2015 ( CDM Regs ) The services are likely to be covered by the CDM Regs. Each party undertakes to the other in relation to the services and the premises that it shall duly comply with the CDM Regs (as appropriate). British Gas is obliged under the CDM Regs to satisfy itself that you are aware of your duties owed as a customer before any works are carried out. CDM Regs place specific duties on you and also on any consultants and/or contractors that you may employ in connection with the contract. CDM Regs impose a duty on you to determine whether the CDM Regs apply to the contract. Where CDM Regs apply your duties may include: the appointment of a principal contractor and/or principal designer where necessary, ensuring that sufficient time is given to allow other duty holders to discharge their duties, information is given and provision is made, to allow for the effective management of health and safety of the works. Further information can be obtained from For the avoidance of doubt, we shall not be appointed as either the principal designer or principle contractor (as defined in the CDM Regs) for any the services as this is outside the scope of the contract. If you require somebody to be appointed to these roles our contractors may agree to this independently and such appointment will be directly between the contractor and you and British Gas shall not be a party any such contract. 6. Your personal information For the purposes of this Clause 6, we includes all other Centrica Group companies. This Clause 6 applies only to personal information we hold about individual people (including your employees, contractors or agents), people registered as sole traders and partnerships as allowed by the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other privacy laws that apply to this contract. Where you provide, or allow us access to, the personal information of your employees, contractors,

9 customers or agents, you shall notify those individuals of the ways in which we shall use personal information, as set out in this Clause 6. Over time, we will collect various kinds of personal information about you from sensitive details, for example contact details, bank details, health issues, criminal records, to your tastes and preferences. We may also monitor and record our phone calls, conversations and other communications with you to make sure we are meeting our standards as well as adhering to the relevant laws and regulations. We may sometimes use partners from outside the European Economic Area (EEA), where the laws and regulations on personal information may be less strict than in the UK. Even so, we will continue to hold ourselves and our partners to the standards set out in this contract. If you re giving us information on behalf of someone else, you confirm that they ve seen this contract and/or given you permission for us to use their information as described in these terms and conditions. If you give us sensitive information about yourself or other people, for example, health details or details of any criminal convictions of members of your household or business, you also agree and confirm that the person the information is about has agreed that we can use this information as described in these terms and conditions. You have the right to have a copy of the information we hold about you, for a small charge, and to ask for us to correct any mistakes by sending an to privacy@britishgas.co.uk or by writing to: Centrica Privacy Team Lakeside West 30 The Causeway Staines TW18 3BY We may use your information: to get in touch with you by , phone, text message, business or home visits or by other means, for example smart meters; to bring you information about products and services you have asked for, including loyalty and incentive schemes; to tell you about other products and services from us or our third party partners we think you will be interested in unless you ask us not to contact you with offers, which you can do at any time by contacting us and providing your account details or by notifying us of the same during any customer service call; to collect any money you owe us or to sell your debt to another company and give them your details; to check your credit history and check your details with credit reference and fraud prevention agencies to make sure you can afford the goods and services you have requested. See our privacy policy at britishgas.co.uk/business for more on this; and to keep you safe and secure and to protect you and everyone who lives in your home or business. We may use your information to help us improve our services including: - asking for your feedback on how we run your account, or on our products and services and we can improve how we work or what we offer;

10 - changing how we run your account, or our products and services for the better including training our staff; and - to understand our customers better and look at statistics and trends, building customer profiles, testing computer systems and coming up with new sales and marketing opportunities. we may use your information: - to take legal action or to respond to a claim including making our case or defending ourselves; - to comply with the authorities and share what we know with the Government, regulators, the police, other law enforcement agencies, auditors or lawyers, if they ask for it and have the right to obtain it. For example, sharing information with the Government to help stop fuel poverty, or with law enforcement bodies for the prevention or detection of fraud; and as part of the standard sales process if we sell our business. You acknowledge that no waiver, alteration or modification to this contract shall be valid unless made in writing and signed by a duly authorised representative of British Gas. Nothing in this contract will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently. 8. Severance If any provision(s) of this contract is found by a court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from this contract and the remaining provisions of this contract shall continue in full force and effect. Notwithstanding the foregoing, the parties shall thereupon negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision so found to be void or unenforceable. 9. Governing law 7. Entire Agreement This contract contains all the terms and conditions we have agreed with you in relation to the services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. You acknowledge that you have not relied upon any warranty, representation, statement or understanding made or given by or on behalf of us which is not set out in this contract and you agree that you shall have no claim in respect of the same. This contract and all correspondence will be in English. This contract is governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. Contact us: If there is a breakdown, we re available to call on To switch your gas and electricity call (8.30am-5pm Monday to Friday, excluding bank holidays). Your call may be recorded and/or monitored for quality assurance and compliance purposes numbers are charged at four (4) pence per minute plus your telephone company's network charge.