Boiler Care Products. Terms and Conditions

Transcription

1 Boiler Care Products Terms and Conditions

2 Contents Definitions 03 The Contract 04 Start date 04 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 Boiler 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 Products 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 Boiler Care Boiler Care Plus Landlord Your terms and conditions A warm welcome and thank you for choosing one of our Boiler maintenance 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: Boiler Care and Boiler Care Plus 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 and conditions of the contract between you and us. 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: annual service means our examination of your central heating system (including an operational safety check) and any maintenance identified by that examination (subject the limitations and exclusions set out in these terms and conditions) that we consider needs to be carried out, as more fully described in section 3.1.3; application means your application for the provision of a Product, 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 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 Boiler Care Plus and Landlord Boiler Care, following components of a boiler and standard water-based central heating system: the 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 section 5.1); and in respect of 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; 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; 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 section 4.1.3, comprising of a gas safety check and, where appropriate, the provision of a gas safety certificate; Boiler Care Products means Boiler Care Plus and the Boiler Care; Boiler Care Plus is the name of our boiler Product (as described in section 3), which provides support for the central heating system set out in section (a) of the definition of central heating system above; Boiler Care is the name of our boiler service Product (as described in section 3), which provides support for the central heating system set out in section (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 section 4), which includes an annual boiler service and maintenance 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 section 4), which Product provides the same services as Landlord Boiler Care, with certain fasttrack features; Landlord Boiler Care Products means Landlord Boiler Care and Landlord Fast-Track Boiler Care; 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; 03

4 premises means the private domestic residential premises where the central heating system supported under this contract is situated; Product means the relevant central heating service Product mentioned in your contract, being one of the following: (iii) (iv) Boiler Care Plus; Boiler Care; Landlord Boiler Care; or Landlord Fast-Track Boiler Care; renewal date means the date occurring 12 months after (i.e. the anniversary of) the start date; start date means the later of the date 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; and the conclusion of the date following 21 days after the date of sale, unless we agree a different start date with you. 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 2. The Contract and Start Date 2.1 The contract is between you and us and sets out how we will provide to you the services that apply to the Product you have chosen (on your application form or in your verbal agreement). We will act reasonably in providing our services to you. 2.2 The components which are included under the scope of each Product are set out in the definition of central heating system in section 1 (Definitions) (and, in respect of the gas safety services to be provided under the Landlord Boiler Care Products, in section 4.1.3). Please read these definitions and the applicable terms and conditions for each Product carefully to make sure that the Product that you have chosen suits your needs. 2.3 The contract will be legally binding on you and us from the date of sale, this being the date on which we accept your application. 2.4 Even though the contract is legally binding from the date of sale, we will not provide any services under the contract before the start date. 2.5 We will not provide any emergency or breakdown services under the Boiler Care Products or the Landlord Boiler Care Products before we have confirmed that we can accept your central heating system for servicing and maintenance under the contract, and have carried out the initial inspection and first annual service. you and customer means you, the individual customer with whom we have entered into this contract and your means belonging to you. 04

5 3. Boiler Care Products 3 This section 3 applies only where you have purchased a Boiler Care Product. 3.1 BOILER CARE PRODUCTS WHAT S INCLUDED Overview Our Boiler Care Products provide annual servicing and maintenance for your central heating system (to the extent specified for your chosen Product) as set out in these terms and conditions Once we have carried out an initial inspection of your central heating system and have accepted it as suitable for servicing and maintenance under the contract; we will carry out a service of your central heating system that will include any maintenance of the central heating system which is necessary to provide you with an operational central heating system until your next annual service Should you then experience problems with your central heating system before your next annual service and before the end of the contract between you and us ends, you will have access to a 24/7 helpline through which we will provide breakdown support We are not able to provide breakdown support in the circumstances (the exclusions ) set out in out in section If you call with a breakdown or emergency before your central heating system passes our initial inspection, we may (but may at our discretion refuse to) provide you with a quote for any necessary repairs. If you ask us to carry out these repairs you will have to pay the price quoted Initial Inspection PLEASE NOTE: It is very important that you allow us access to carry out the initial inspection. We cannot provide you with any servicing or maintenance until we have confirmed that we are able to support your central heating system We require to carry out the initial inspection in order to confirm whether your central heating system can be supported under the Boiler Care Products. We apply limitations on the age and/or makes of the boilers and central heating systems that we can support under the Boiler Care Products We will carry out an initial inspection of your central heating system within 28 days from the start date unless we are unable to meet this timescale due to circumstances outside our control including, but not limited to, your availability, your failure to communicate with us, adverse weather conditions and excessive increases in emergency breakdown volumes It is your responsibility to ensure access is provided so that we can complete an initial inspection 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 we will carry out the initial inspection when you first call us out to a breakdown of your central heating system If we identify a problem at the initial inspection that indicates that your central heating system cannot be supported under the Boiler Care Products: Where this can be remedied - we will tell you what remedial work is required to bring your central heating system up to a satisfactory standard that we can support.; and Where the defect cannot be remedied (for example, the parts for your boiler are no longer readily available or the boiler has excessive repair costs ) - we will cancel your Product and refund the money you have paid to date under the contract The cost of any necessary remedial work which is required for your central heating system to pass the initial inspection is not included in the Boiler Care Products, and you must have such remedial work carried out and to pay for such work if you want the contract to continue All 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 and you must notify us when this has been carried out if the work is not carried out by us Where remedial work has been carried out, your central heating system must pass a further initial inspection before we can proceed to service it If your central heating system fails the initial inspection and cannot be supported under the Boiler Care Products and either: 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; you have not notified us that such remedial work has been carried out within 14 days of the date of the initial inspection; or (iii) we decide that the work carried out is not to an acceptable standard; then the contract will be cancelled and we may end this contract and provide you with a refund of any payments made by you to us under this contract We may not carry out an initial inspection (at our sole discretion) if immediately before you entered into this contract, you received from us any similar services within our range of boiler service Products and the relevant central heating system has passed an initial inspection. 05

6 3.1.3 First annual service (including operational safety check) When will we service your central heating system? When your central heating system passes our initial inspection, we will carry out your first annual service at the same time as the initial inspection, unless you instruct us not to do so or circumstances outside our control prevent us from doing so We will carry out the annual service annually (unless you give us notice that you no longer wish us to provide you with service and maintenance services under the contract or we otherwise end the contract) If, immediately prior to this contract, you received from us any similar services within our range of boiler service Products or if you choose to renew your contract with us after the first contract year (and subsequently), we will carry out the annual service on or around the anniversary of the preceding annual service, subject to your appointment preferences and our workforce availability It is important that your central heating system is serviced annually to ensure that it continues to work properly and safely. We will make reasonable efforts to contact you to arrange the annual service but if we are unable to service your central heating system within 90 days of the anniversary of the last annual service we may, at our discretion, refuse to carry out any repairs that may be required or require you to pay for such repairs, until we are able to carry out the annual service. What does the annual service include? During your annual service we will assess the functionality and safety of your boiler and central heating system according to your chosen Product Where our tests indicate a possible concern we will investigate further. The annual service may include a full strip down service if we consider appropriate. We will carry out any repairs identified at the annual service that we reasonably consider are necessary to provide you with an operational central heating system until your next annual service, unless the repairs are excluded under section If we consider that it is necessary, in order to maintain your central heating system, to repair any part, we will use parts of a similar or standard specification If: we do not obtain access for the purposes of conducting an annual service on at least two occasions, or you do not respond to reasonable attempts to contact you; you can still arrange for an annual service to be carried out before the end of that contract year by contacting us to arrange a new appointment. We may continue to take your payment for the services on the assumption that you will contact us in future to arrange the annual service. Please refer to section 8 for further terms and conditions relating to appointments Breakdown warranty Our annual service is designed to leave you with a central heating system that will continue to function until your next annual service. If your central heating system breaks down before we carry out your next annual service (and before this contract ends) we give you: access to our 24 hour, 365 day free-phone customer helpline; and where the breakdown is included in our service warranty (see exclusions at section 5) we will carry out the repair Sections 8.2 and 8.3 also apply in relation to appointments for emergencies and breakdowns. 3.2 BOILER CARE PRODUCTS WHAT S NOT INCLUDED The exclusions set out in section 5 (Exclusions) explain what repairs are not included in the Boiler Products warranty. 06

7 4. Landlord Boiler Care Product This section 4 applies only where you have purchased a Landlord Boiler Care Product. 4.1 LANDLORD BOILER CARE PRODUCT WHAT S INCLUDED Overview Our Landlord Boiler Care Product provides annual servicing and maintenance for your central heating system (to the extent specified for the Landlord Boilercare Products) as set out in these terms and conditions. Once we have carried out an initial inspection of your central heating system and have accepted it as suitable for servicing and maintenance under the contract; we will carry out a service of your central heating system that will include any maintenance of the central heating system which is necessary to provide you with an operational central heating system until your next annual service We will also carry out a gas safety check on your boiler and up to 5 appliances, and will issue you with a gas safety certificate (subject to clause ). For more information on how and when we will do this please refer to section If you have chosen our Landlord Boiler Care and we are unable to accept your boiler for maintenance, then we will not carry out a gas safety check on your boiler and appliances and so will not issue a gas safety certificate If you have chosen our Landlord Fast Track Boiler Care, we may be able to issue a gas safety certificate even if we are unable to accept your boiler for maintenance (for example, if it is too old for us to support) If any safety issues are identified with your boiler and/or the inspected appliances, your gas safety certificate will advise you of any remedial work required We will not carry out the gas safety check for any Landlord Boiler Care Product if the central heating system is not operational at the time of our visit for any reason Should you then experience problems with your central heating system before your next annual service and before the contract between you and us ends, you will have access to a 24/7 helpline through which we will provide breakdown support We are not be able to provide breakdown support in the circumstances (the exclusions ) set out in out in section If you, your tenant, letting agent or other third party calls with a breakdown or emergency before your central heating system passes the initial inspection, we may (but may at our discretion refuse to) provide you with a quote for any necessary repairs. If you ask us to carry out these repairs you will have to pay the price quoted Initial Inspection NOTE: It is very important that you allow us access to carry out the initial inspection. We cannot provide you with any servicing or maintenance until we have confirmed that we are able to support your central heating system We require to carry out the initial inspection in order to confirm whether your central heating system can be supported under the Landlord Boiler Care Products.We apply limitations on the age and/or makes of the boilers and central heating systems that we can support under the Landlord Boiler Care Products We will carry out an initial inspection of your central heating system within 28 days from the start date for Landlord Boiler Care, and 14 days from the start date of Landlord Fast-Track Boiler Care, unless we are unable to meet this timescale due to circumstances outside our control including, but not limited to, your availability, your failure to communicate with us, adverse weather conditions and excessive increases in emergency breakdown volumes It is your responsibility to ensure access is provided so that we can complete an initial inspection 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, we will carry out the initial inspection where we are first called out to a breakdown of your central heating system If we identify a problem at the initial inspection that indicates that your central heating system cannot be supported under the Landlord Boiler Care Products: Where this can be remedied - we will tell you what remedial work is required to bring your central heating system up to a satisfactory standard that we can support; and where the defect cannot be remedied (for example, the parts for your boiler are no longer readily available or the boiler is beyond economical repair) - we will cancel the Product and refund the money that you have paid to date under the contract The cost of any necessary remedial work required to enable your central heating system to pass the initial inspection is not included in the Landlord Boiler Care Products, and you must have such remedial work carried out and to pay for such work if you want the contract to continue. 07

8 All 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 and you must notify us when this has been carried out if the work is not carried out by us Where remedial work has been carried out your central heating system must pass a further initial inspection before we can proceed to carry out the annual service If your central heating system fails the initial inspection and cannot be supported under the Landlord Boiler Care Products and either: 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; 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), or (iii) we decide that the work carried out is not to an acceptable standard; then the contract will be cancelled and we may provide you with a refund of any payments made by you to us under this contract We may not carry out an initial inspection (at our sole discretion) if, immediately before you entered into this contract you received from us any to a Landlord Boiler Care Product, and the relevant central heating system has passed an initial inspection. We will, however, carry out the gas safety services as set out in section Gas Safety Service We will perform the gas safety check on one boiler and up to five gas appliances located at the premises (subject to clause ). The appliances may be a hob, cooker or fire. 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 We will, where possible and in accordance with these terms and conditions, carry out the gas safety check at the same time as the initial inspection, unless you instruct us not to do so, or circumstances outside our control prevent us from doing so Where you have chosen Landlord Boiler Care, the gas safety check will be carried out only if your central heating system has passed the initial inspection (or, if remedial works have been notified to you, those have been completed and a second inspection has been passed) If you have chosen Landlord Fast Track Boiler Care: we will provide the gas safety services regardless of whether we are able to accept your central heating system for servicing and maintenance, except as set out in section below We will not provide the gas safety services (or provide a gas safety certificate) for any Landlord Boiler Care Product where the boiler is not operational at the time of our visit for any reason Your gas safety certificate will provide details of the gas safety check If you have chosen Landlord Boiler Care and we are able to pass your boiler we will issue your gas safety certificate. 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 an appliance If you have chosen Landlord Fast Track Boiler Care your gas safety certificate will be issued whether or not we are able to pass your boiler and/or appliances and will detail any faults discovered and any action carried out by us, such as capping an appliance It is then your responsibility to ensure that any work required by the gas safety certificate is carried out (including the repair or replacement of the boiler or gas appliances) as required in order to meet gas safety regulations 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 We will use reasonable efforts 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. However, it is 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. WE ARE NOT LEGALLY RESPONSIBLE FOR 08

9 ANY FAILURE BY YOU TO ENSURE THAT THESE CHECKS ARE CARRIED OUT AND COMPLETED IN ACCORDANCE WITH YOUR LEGAL OBLIGATIONS. Section 8 sets out our terms and conditions relating to appointments. 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, 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. We may continue to take your payment for the services on the assumption that you will contact us in the future to arrange the gas safety check First annual service (including operational safety check) When will we service your central heating system? Where your central heating system passes our initial inspection, we will carry out the first annual service at the same time as the initial inspection, unless you instruct us not to do so or circumstances outside our control prevent us from doing so We will carry out the service and operational safety check annually (unless you give us notice that you no longer wish us to provide you with service and maintenance services under the contract or we otherwise end the contract) If, immediately prior to this contract, you received from us any similar services within our range of boiler service Products or if you choose to renew your contract with us after the first contract year (and subsequently), we will carry out the annual service on or around the anniversary of the preceding service and operational safety check, subject to your appointment preferences and our workforce availability NOTE: It is important that your central heating system is serviced annually to ensure that it continues to work properly and safely. We will make reasonable efforts to contact you to arrange your annual service but if we are unable to service your central heating system within 90 days of the anniversary of your last service we may, at our discretion, refuse to carry out any repairs that may be required or require you to pay for such repairs) until we are able to carry out the annual service Where our tests indicate a possible concern we will investigate further. The annual service may include a full strip down service if we consider it appropriate. We will carry out any repairs identified at the annual service that we consider are necessary to provide you with an operational central heating system until your next annual service, unless the repairs are excluded under section If we consider that it is necessary, in order to maintain your central heating system, to repair any part, we will use parts of a similar or standard specification If : we do not obtain access for the purposes of conducting an annual service on at least two occasions, or you do not respond to reasonable attempts to contact you, you can still arrange for an annual service to be carried out before the end of that contract year by contacting us to arrange a new appointment. We may continue to take your payment for the services on the assumption that you will contact us in the future to arrange the annual service. Please refer to section 8 for further terms and conditions relating to appointments Breakdown warranty Our annual service is designed to leave you with a central heating system that will continue to function until your next annual service. If your central heating system breaks down before we carry out your next annual service (and before this contract ends) we give you: access to our 24 hour, 365 day free-phone customer helpline; and where the breakdown is covered by our service warranty (see exclusions at clause 5) we will carry out the repair 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, postcode and your name to do so. Please see sections and for more details on this Sections 8.2 and 8.3 also apply in relation to appointments for emergencies and breakdowns. What does the annual service include? During your annual service we will assess the functionality and safety of your boiler and central heating system according to your chosen Product. 4.2 LANDLORD BOILER CARE Products WHAT S NOT INCLUDED The exclusions set out in section 5 (Exclusions) apply to the Landlord Boiler Care Products. 09

10 5. EXCLUSIONS Equipment that we will not service 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, the parts of the system that specifically relate to under-floor 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 We will not repair any non-standard components and/or the repair and/or replace 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 nonstandard components. 5.3 We will not repair a flue, where: that flue is not part of the central heating system and/or 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. 5.4 The Products do not include any repair that is needed as a result of design fault 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 sections or (as applicable and including but not limited to defective pipe work). 5.5 The Products do not include repairs or remedial work required as a result of: your boiler and/or any other part of your central heating system: not being accessible due to a design fault; or not complying with relevant British Standards. Access to your central heating system 5.6 Where the costs in accessing all relevant parts of your boiler and other parts of your central heating system are in our 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. Work covered by third party warranty 5.7 We will not carry out any work where the work or relevant parts are covered by a warranty provided by a third party. Repairs or work required due to circumstances outside our control 5.8 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: (iii) (iv) (v) before your central heating system has passed an initial inspection; as a result of a defect in the central heating system occurring after the annual service that it would not have been reasonable for us to identify and repair as part of your annual service; because you have failed to allow us to carry out an annual service for more than 90 days after the anniversary of your last annual service; because you have misused or neglected the central heating system, or have damaged it intentionally; because of anything done or not done, or any damage caused by; any third party (including anyone who has carried out remedial works that we have instructed you to carry out on your central heating system); (vi) to repair 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; (vii) to carry out chemical system and/or radiator flushes, (viii) to rectify or remove any physical blockages (such as sludge); (ix) to remove airlocks; (x) to remove hazardous materials (including, but not limited to, asbestos) from the premises; 10

11 (xi) as a consequence of: (a) 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 (b) any issues with or changes in utility supplies (including, but not limited to, electricity, gas or water) however arising; (xii) 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 Boiler Care Product or Landlord Boiler Care Product (if applicable). Availability of parts and systems beyond economical repair 5.9 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: spare parts are not readily available through our approved suppliers; or in our technical and professional opinion the cost of carrying out a necessary repair to (a) your boiler is more than the residual value of your boiler by reference to its age and condition; or (b) 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); 5.10 Where section 5.18 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 try 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 require that the replacement boiler passes an initial inspection If: the replacement boiler and/or central heating system does not pass the initial inspection; or within 28 days of the date on which we require you to replace your boiler and/or central heating system under section 5.19, you do not have your boiler and/or central heating system replaced or you have not given us notice as required under section 5.19; we will cancel your Product. Please refer to section 7 for more information regarding your rights on cancellation. Damage to property 5.12 We are not legally responsible or liable to you for 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 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. Health and safety 5.13 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. Exclusions specific to Landlord Boiler Care Products 5.15 The gas safety services that we provide as part of the Landlord Boiler Care Products do not include any services, work, materials and/or parts (or the associated costs of any services, work, materials and/or parts) relating to:- any work involved in accessing your gas appliances and/or installation pipework where this is not readily accessible as a result of design fault; any repairs or remedial works to any gas appliance(s) found to be necessary at any time including in the course of the provision of the gas safety services; or (iii) any repeat inspections of such gas appliances (within the same contract year). 11

12 5.16 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 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. As set out in section , 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. 6. PAYMENT 6.1 Your payments for: a 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; and 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 section 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. 7. CANCELLATION Section 7.1 describes your and our rights to cancel the contract, which are applicable to all Products. Sections 7.2 to 7.4 describe certain consequences of the contract being cancelled, which apply depending on which Product you have purchased We may cancel the contract immediately by giving written notice in the following circumstances: you provide false information (on your application form or otherwise); 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: (v) (a) spare parts are not readily available to allow us to maintain your central heating system; or (b) in our technical and professional opinion the cost of carrying out a necessary repair to your 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 boiler is more than the residual value of your boiler by reference to its age and condition; 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 section 8.3; (vii) your central heating system and/or boiler cannot be supported by us as set out in sections , , , , 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 section 7.1.1, you may cancel this contract: by giving us written notice prior to any renewal of the contract as set out in section 9.4; or by giving us notice in writing if we notify you of certain changes to the contract as set out in section RIGHTS OF CANCELLATION You or we may cancel this contract at any time by giving at least 28 days written notice. 12

13 7.1.4 In addition to your rights under sections 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 the date of sale or 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 section 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 section 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 section 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 BOILER CARE PRODUCTS This paragraph 7.2 only applies where you have purchased a Boiler 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 you cancel the contract; or 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 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). ScottishPower Boiler 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

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 section 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 section 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 you cancel the contract; or 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: 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. 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 section 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 section 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 section or 7.3.4). 15