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
1.1. "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
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.
- 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
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.
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
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.
(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
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
3.5.4. An annual boiler service and inspection forms the Annual
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 /
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
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 -
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.
3.8.3. General Exclusions: Clause 3.15
3.15 General Exclusions - Applicable to All
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
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
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
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
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
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
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.
- Duration of
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.
- 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
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.
- Delivery of
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.
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
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.
8.1 Cancellations. Our address
is Surrey Gas & Electric 48 Moresby Avenue Surbiton Surrey KT5 9DS. Our
email address firstname.lastname@example.org.
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 email@example.com.
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
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.
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
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
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.
Of This Agreement
11.1 We may terminate (i.e. cancel)
this Agreement (effectively terminating all Plans we have agreed to provide to
11.1.1. In our opinion, you have given false or
11.1.2. You do not make an agreed payment or fail to do so by the
11.1.3. You have failed to comply with your obligations under this
11.1.4. If, in our opinion, we find something wrong at the Annual
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.
12.1 If we cancel this Agreement, we
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.
13.1 Our guarantees do not affect your
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
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.
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.
15.2.1. 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
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.
If you smell gas, contact the Gas Emergency Free phone Number: 0800 111 999
Surrey Gas & Electric Ltd ® 2009
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