Terms & Conditions



Please read these terms and conditions carefully - You should have particular regard to Clause 3.15 (General Exclusions), Clause 7 (Rights of Cancellation), Clause 11 (Termination) and Clause 14 (Limitations of Liability)
 
SURREY GAS & ELECTRIC LIMITED TERMS AND CONDITIONS APPLICABLE TO COVER PLANS
  1. Definitions
1.1.  "We" and "us" means Surrey Gas & Electric Limited a company registered in England and Wales under company registration number 7072580 and whose registered office is Surrey Gas & Electric, 48 Moresby Avenue Surbiton Surrey KT5 9DS and "our" shall be interpreted accordingly;
1.2.  "You" means the customer of Surrey Gas & Electric Limited identified in the Policy Order Confirmation and "your" shall be interpreted accordingly. Where the customer is more than one individual, each of you will be equally responsible for complying with any obligations on you under this Agreement, including payment of the Price. We will ordinarily need to speak with you regarding all matters unless you provide authority for a named individual to represent you;
1.3.  "Agreement" means the agreement between you and us whereby we are agreeing to provide the Plan and the Services and you are agreeing to pay the Price. The Agreement incorporates these terms and conditions and the Policy Order Confirmation, and expressly does not include any previous representation, promise or agreement whether given in writing or orally;
1.4.  "Policy Order Confirmation" means the letter addressed to you providing your details, the details of the Plan and the Services we have agreed to supply subject to this Agreement, the Agreement start date and the Price;
1.5.  "Price" means the price you have agreed to pay for the Plan as set out in the Policy Order Confirmation and as later varied in accordance with this Agreement;
1.6.  "Plan" means the Plan or Plans we have agreed to provide to you as set out in the Policy Order Confirmation and our current brochure, literature and/or website;
1.7.  "Services" means all and any services supplied by us to you as part of the Plan. The Services will vary depending on the type of Plan we have agreed to supply to you but may include maintenance and repair type services for boilers, central heating, plumbing, electrics;
1.8.  "Premises" means the property which shall benefit from the Plan as specified in the Policy Order Confirmation.
  1. What Is To Be Provided To You By Us
2.1.  We have agreed to provide you with the Plan in relation to the items included within the Plan(s) in return for you paying the Price in accordance with the terms of this Agreement.
2.2.  In the event that we are required to supply any Services under the terms of this Agreement we shall do so with reasonable skill and care. You acknowledge that we may sub-contract the provision of certain Services to third party contractors who have the necessary expertise and qualifications required to perform such Services. In circumstances where we have appointed third party contractors we are responsible for ensuring that they supply the Services with reasonable care and skill.
2.3.  An Annual Maintenance Visit for your boiler is included in the Plan and will be provided by us. Please refer to the relevant Protection Plan in Clause 3 for full details of your Annual Maintenance Visit entitlement. Plan Details and Exclusions
3.1  One Plan (Full Central Heating system)
The above Plan provides for the following:
3.1.1.  Breakdown cover for a single wet (using water) gas central heating system compromising of: a boiler, expansion tank (where fitted), a pump, motorised valve(s), together with the directly associated pipe work (but excluding hot & Cold water taps ), a room thermostat(s) and programmer / timer, radiators, valves and the hot water cylinder. In the event of us being unable to repair your boiler or your boiler being deemed uneconomical to repair, we will contribute up to £200 for an authorised Surrey gas & Electric engineer to replace it.
 3.1.2. Unlimited call-outs, parts and labour if your system breaks down (to a maximum of £1000 per call out).
3.1.3.  Fitting standard replacement parts where replacement is necessary.
3.1.4 Removing scale or sludge from your system.
3.1.5. An annual maintenance visit, service or safety inspection.
3.1.6 Power Flush every 3 years providing you continue with the cover with us for  3 years.
 One Plan (Full Central Heating System) - Exclusions
The following items are not included within the Plans specified in Clauses 3.1  above:
3.2.1 Repair of "warm air"  any "non-mains gas-powered" systems (e.g. electric, oil, propane, solid fuel, LPG etc), or any "air conditioning" system or appliance, or any other "non-water-based" system.
3.2.2. General Exclusions: Clause 3.15
3.5 Protection One Plan Services (Gas)
3.5.1.   All Protection Plans are for the maintenance and repair of a single wet (using water) gas central heating system. Systems generally comprise of: a boiler, expansion tank (where fitted), a pump, motorised valve(s), radiators and valves, hot water cylinder together with the directly associated pipe work (but excluding hot water taps and any pipe work associated with these), a room thermostat(s) and programmer / timer.
3.5.2.   Unlimited call-outs, parts and labour if your system breaks down (to a maximum of £1000 per call out).
3.5.3.   Fitting standard replacement parts where replacement is necessary.
3.5.4.   An annual boiler service and inspection forms the Annual Maintenance Visit.
3.5.5.   An annual safety and maintenance inspection forms the Annual Maintenance Visit for the Property Protection Plan & Heat Protection Plan. A full inspection report with a Gas Safety Certificate is issued (this includes duplicate copies). The Annual Maintenance Visit includes the boiler and one other gas appliance. Please note that this includes a boiler service.
3.7  Electrical Heating Protection Plan
3.7.1.  Electrical Heating Protection Plan is for the maintenance and repair of an electrically powered (e.g. Economy 7) heating system. Systems generally comprise: a boiler, expansion tank (where fitted), a pump, motorised valve(s), storage/panel heaters, hot water cylinder together with the directly associated pipe work (but excluding hot water taps and any pipe work associated with these), a room thermostat(s) and programmer / timer.
3.7.2.  Unlimited call-outs, parts and labour if your system breaks down (to a maximum of £1000 per call out).
3.7.3.  Fitting standard replacement parts where replacement is necessary.
3.7.4.  An annual safety and maintenance inspection forms the Annual Maintenance Visit for the Electrical Heating Protection Plan. A full inspection report from one of our approved NICEIC technicians is issued (this includes duplicate copies). Please note that this does not include a boiler service.
3.8  Electrical Heating Protection - Exclusions
The following items are not included within the Plan specified above:
3.8.1.  Replacement of your boiler. In the event of us being unable to repair your boiler or your boiler being deemed uneconomical to repair, we will contribute up to £200 for an authorised Surrey Gas engineer to replace it.
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3.8.3.  General Exclusions: Clause 3.15
 
3.15  General Exclusions - Applicable to All Plans
The following items are expressly excluded from all Plans we have agreed to provide to you under the terms of this Agreement:
3.15.1.  Costs covered by any manufacturer's, supplier's, installer's or repairer's guarantee or warranty.
3.15.2.  The equipment being recalled by the manufacturer.
3.15.3.  Claims arising from using your equipment in a commercial environment unless otherwise specified in your plan.
3.15.4.  The cost of repairs relating to damage caused by you or someone else.
3.15.5.  Claims arising from acts of God.
3.15.6.  Costs if no fault is found with your equipment or if a fault cannot be replicated.
3.15.7.  Routine maintenance, cleaning and servicing, unless otherwise specified in your plan.
3.15.8.  Replacing appliances, bathroom fixtures, showers or sanitary ware.
3.15.9.  The cost of replacing any item or accessory that is intended to be replaceable. These include but are not limited to fuses, batteries, filters, oil nozzles.
3.15.10.  Modifications or servicing which is not in line with the manufacturer's instructions.
3.15.11.  Turning on or lighting up the equipment and adjusting or resetting the switches and controls.
3.15.12.  Costs arising from not following the manufacturer's instructions.
3.15.13.  Claims arising from any problem with the supply of electricity, gas, oil or water.
3.15.14.  Loss or damage caused by your equipment not working.
3.15.15.  Repairing any damage caused by our work or redecorating, unless we or our agents have been negligent. Also, following our work, redecoration or 'making good' after gaining access to concealed components (e.g. under floor and within walls) of your system may be needed. This will be your responsibility and is not included.
3.15.16.  Decorative or other parts which do not affect how the system works.
3.15.17.  Any water pressure adjustments on sealed systems, except those connected with a repair that is protected by the plan.
3.15.18.  Boilers exceeding 50kW net output or boilers of an unconventional burner type (e.g. forced draft).
3.15.19.  Claims arising on any equipment which is not working in accordance with the manufacturer's specification when you applied for the plan.
3.15.20.  Any upgrading/improvement work required as a result of legislation (Health & Safety or otherwise) or to meet current standards.
3.15.21.  The cost of repairs needed because of design faults or other faults which existed before completion of your first Annual Maintenance Visit or prior to the agreement starting.
3.15.22.  Removing asbestos associated with repairing any appliance or system. When you have had any asbestos removed, you must provide us with 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.
3.15.23.  Cash alternatives or compensation for repair or maintenance.
3.15.24.  Replacing (where a repair is not possible) lead or steel pipes including replacing or repairing the gas or water supply pipe work from your meter or stopcock to the boiler.
3.15.25.  Replacing the boiler for any reason (except as may be provided in accordance with this Agreement).
3.15.26.  Any claim which is deemed to have arisen or is made within the first 30 days of the Plan start date.
3.15.27.  Maintaining or replacing flues  components.
3.15.28.  Boilers over 25 years old.
  1. Duration of Plan
4.1.  The Plan shall commence on acceptance by us of your application for the Plan. We shall notify you in writing when your application has been accepted and the Plan is in place.
4.2.  The Plan shall last for an initial minimum period of 12 months ("the Initial Period") unless cancelled by either you or us within that period in accordance with the terms of this Agreement.
4.3.  If neither you nor us have cancelled the Plan on or before the expiry of the Initial Period, the Plan will automatically renew for a further period of 12 months. Upon renewal you will be responsible for paying the Price for the renewal of the Plan in accordance with the terms of this Agreement.
  1. Price and When It Is To Be Paid
5.1.  The price for the items is as stated in the Policy Order Confirmation  being the annual fee for the Plan. Payments can be made by cheque, credit or debit card or Direct Debit by agreement with us. We may also agree to accept payment of the Price in equal quarterly instalments. If you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to Surrey Gas & Electric Limited and crossed 'A/C payee only'.
5.2.  You will need to make payment (or, in cases where we have agreed to accept payment by instalments, the first payment) at the time you place your order. Please note that we will not be able to perform the first Annual Maintenance Visit or the Services until we have received such payment in full (and this means that where you have paid by cheque or by credit or debit card, the funds have reached our bank account).
5.3.  By requesting to make payments of the Price in quarterly instalments you are agreeing to pay all quarterly instalments for the 12 month period in this method and on the dates specified by us from time to time and you authorise us to debit those payments from the account details you have provided to us on those dates. Should the agreement be terminated by either party during the 12 month period, any quarterly payment that is unpaid in the 12 month period will be due in full immediately.
5.4.  When the Plan is automatically renewed you will need to make payment in advance for the next 12 months (or, in cases where we have agreed to accept payment by instalments, the next 3 months) of the Plan on or before the date when the Plan is to be automatically renewed.
5.5.  All repairs, replacement and maintenance work which we provide in accordance with the terms of this Agreement up to a cost of £1,000.00 per job ('the Limit') are included within the Price. We will, where possible, notify you of the full costs of all anticipated work prior to authorising such work to be carried out. By allowing us to authorise the works you agree to pay us for all work carried out in accordance with this Agreement which exceeds the Limit on demand.
5.6.  We reserve the right to charge interest on any overdue payments at a rate of 8% per annum above the base rate of National Westminster Bank PLC base rate from time to time in force both before as well as after any judgment being obtained in relation to such outstanding payment.
  1. Delivery of Services
6.1  We aim to deliver the Services  same day. Provided being notified by you  before 10AM. It will not always be possible to do this, and we and you agree that we cannot guarantee we will perform the services within this time frame. When the Services do commence we aim to complete the work on time, but it is not always possible to do so, for example where delay is caused by weather conditions or circumstances which are outside our control. If this situation occurs our aim is to complete the work as soon as we reasonably can.
  1. Cancellation Rights
7.1.  You can cancel this Agreement within seven working days. The seven day period starts on the day after we accept your application for the Plan.
7.2.  Please note that you cannot cancel this Agreement once we have started to perform the Services or have carried out the first Annual Maintenance Visit, or where you have agreed to us starting to perform the Services or the first Annual Maintenance Visit before the end of the seven days.
7.3.  To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out in Clause 8.1. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
  1. Contact Details
8.1  Cancellations. Our address is Surrey Gas & Electric 48 Moresby Avenue Surbiton Surrey KT5 9DS. Our email address iscancellations@surreygas.co.uk.
8.2  Complaints or comments. If you have any complaints about the Services or any aspect of the way we have administered the Plan, please contact our Customer Services Team, either by writing to the address given above or by email to complaints@surreygas.co.uk.
  1. Our Obligations
9.1  Provided we have received payment in full from you of all sums due from you to us under this Agreement we shall provide the Services included within the Plan as in accordance with the terms of this Agreement, including our other obligations as detailed in this Clause.
9.2.  We shall conduct an Annual Maintenance Visit of the boiler only if provided by the Plan.
9.3.  We shall conduct further Annual Maintenance Visits (if provided by the Plan) once in each year of this Agreement as arranged by you in accordance with Clause 2.3.
9.4.  If any visit carried out by us reveals a problem, we may:
9.4.1.  Tell you what work is needed and what it will cost you for that work to be done.
9.4.2.  Offer you an agreement which will not include the parts causing the problem, or
9.4.3.  Cancel the agreement.
9.5.  If any work is found or reported that is not covered by your Plan, we may:
9.5.1.  Tell you what work is needed or what fault finding is required and what it will cost you for that work to be done.
9.5.2.  Offer you an agreement which will not include the parts causing the problem.
9.6.  If the engineer does not have the spare parts your repair needs on the day, most items can be obtained the following working day from our central stock. Otherwise, we will do all we reasonably can to find parts from our suppliers. We may use an approved alternative or parts that have been reconditioned by the original manufacturer. Nothing in this Agreement places us under an obligation to provide new parts for any repairs.
9.7.  One of our approved engineers will usually carry out the work. In some cases we may authorise a suitably qualified contractor to carry out the work.
9.8.  We shall provide the Services using conventional or traditional components or those using other components (such as plastic pipes) which are on our approved list.
9.9.  We will meet our responsibilities under this agreement within a reasonable time unless it is impossible for us to do this because of circumstances outside our reasonable control. In particular, we will not be responsible for delays caused by our suppliers or their agents.
  1.   Your Obligations
10.1  You acknowledge and agree that for us to be able to provide the Services you shall:
10.1.1.  Co-operate with us as we reasonably require.
10.1.2.  In the event of a claim, you may be required to produce evidence (including the appropriate CORGI / NICEIC documentation) that your appliance has been serviced (not safety checked or inspected) to the manufacturer's recommendations within the most recent 12 month period.
10.1.3.  Provide to us such information and documentation we reasonably require.
10.1.4.  Make available to us the facilities, resources and working space as we reasonably require to perform the Services and that such space and the immediate area is kept clear of obstruction, adequately lit and marked in any way required by the engineer to ensure that no one enters the work area.
10.1.5.  Ensure that we have easy access to the items which are to be inspected or which require repair or maintenance work.
10.2.  We may charge you for any additional reasonable costs and expenses incurred by us caused by your instructions, failure to provide instructions, or failure to comply with your obligations. For example a cancelled Annual Maintenance Visit where less than 24 hours notice has been provided, safety checks on additional gas appliances where a safety certificate is issued or where access to the system or the property for our engineer has not been provided.
10.3.  We are only responsible for conducting Annual Maintenance Visits once a year (if provided by the Plan). If the manufacturer of your system has recommended that a service is conducted on a more regular basis it is your responsibility to arrange additional servicing at your own cost. We will aim to conduct additional servicing provided that you agree to pay any additional costs which are incurred.
10.4.  You must ensure that your building and contents insurance is up to date to make sure you have appropriate cover for usual insured risks such as the cost of repairing faults or damage caused by freezing weather conditions, subsidence, structural repairs, accident, fire, lightning, explosion, flood or storm and the cost of repairing damage caused by changes to, or problems with, the gas, electricity or water services.
10.5.  You agree that (with the exception where you have purchased  One Plan or Electrical Heating  Plan) you are solely responsible (at your sole cost) for ensuring that the heating appliance is serviced at least once a year and at such more frequent intervals as recommended by the manufacturer of the heating appliance. We shall have no liability for any loss you suffer as a result of your failure to comply with this obligation.
  1.   Termination Of This Agreement
11.1  We may terminate (i.e. cancel) this Agreement (effectively terminating all Plans we have agreed to provide to you) if:
11.1.1.  In our opinion, you have given false or exaggerated information.
11.1.2.  You do not make an agreed payment or fail to do so by the agreed method.
11.1.3.  You have failed to comply with your obligations under this Agreement.
11.1.4.  If, in our opinion, we find something wrong at the Annual Maintenance Visit.
11.1.5.  We are not reasonably able to find parts to keep your system working safely or cost effectively.
11.1.6.  In our opinion circumstance have arisen which make it inappropriate for us to continue providing the Plan.
11.1.7.  If you become insolvent or if an order is made or a resolution is passed for the winding up (if you are a limited company), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of your assets or business, or if you make any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt.
  1.   Consequences Of Termination
12.1  If we cancel this Agreement, we will:
12.1.1.  Give you a refund, pro-rata, on how long is left of any 12 month period for which payment has already been made, less a minimum payment of £300.00 for the year if we have carried out any work or an Annual Maintenance Visit has taken place.
12.1.2.  Take a £25.00 administration fee. This fee covers the administrative costs incurred by us in cancelling the Agreement.
12.2  If you cancel this Agreement with us, we will not give a refund unless you have cancelled this Agreement in accordance with the provisions of Clause 7 of this Agreement.
  1.   Guarantee
13.1  Our guarantees do not affect your legal rights.
  1.   Limitation of Liability
14.1  We aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provisions of this Agreement then, on your request, we will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address.
14.2.  Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price you have paid us.
14.3.  Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
14.4.  Any provisions in this Agreement which seek to exclude or limit the liability of the Seller for breach of the terms implied by the Sale of Goods Act 1979 and/or the Supply of Goods and Services Act 1982 (as applicable) shall not apply where you are entering into this Agreement as a consumer.
14.5.  We shall not have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond our reasonable control. If affected by such circumstances, we shall promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, we may terminate this Agreement.
  1.   General Matters
15.1 Entire agreement
15.1.1.   This Agreement sets out the whole of our agreement relating to the supply of the Services to you by us. Nothing said or published by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Services to be supplied by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15.2 Invalidity
15.2.1.   If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15.3  Law and Jurisdiction
15.3.1  . The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
15.4  Third parties
15.4.1.   For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
15.5  Variations to this Agreement
15.5.1.   These terms and conditions are subject to change at any time without prior notice. However, we shall notify you in writing of all changes to your Agreement.
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