1. Definition of Terms
Care Plan – provide a safe, high quality service, to repair, or maintain an appliance or system
Care Plan Inspection – otherwise known as ‘Inspection’ is carried out by a John Williams Heating Ltd Engineer and will indicate what has been inspected and any results found
Breakdowns – where a boiler, controls or system wears out, or losses the ability to function efficiently
Annual Service – a service carried out around the anniversary of a Care Plan and subsequent years on a boiler or system
Agreement – an understanding and acceptance of rights and duties to particular actions or obligations of a Care Plan for a calendar year and renewable on an annual basis
Application – your request to us to offer you a Care Plan option outlined on our Inspection form
2. Introduction to your terms and conditions
We have designed this product to provide a safe, high quality service, to repair, or maintain the appliances/systems included in your Care Plan.
It is important that you read these terms and conditions carefully, as these form the basis of your agreement with us.
Any queries should be directed to John Williams Heating Services Ltd, Unit D14, Bumpers Way, Bumpers Farm, Chippenham, SN14 6LH, 01249 709024.
3. What we offer
You can choose from one of our Gas or LPG Care Plans to suit your requirements.
- Service Plan – covers boiler service only;
- Boiler Care – covers boiler service, boiler repairs and system controls only;
- Heating Care – covers boiler service, boiler repairs under warranty, system controls and central heating system only;
- Total Care – covers boiler service, boiler repairs, system controls and central heating system.
Refer to our Care Plan brochure for further information.
4. General conditions that apply to our Care Plans
4.1 Periods of Care Plans
The length of your Care Plan is for one calendar year and will begin on the date we accept your application which will follow our Inspection.
We will not carry out any free of charge breakdowns within the first 14 days of the Care Plan start date.
4.2 Care Plan Price
The Care Plan price will be set out at the start of the agreement and will not change during the period of the Care Plan unless the government changes the relevant VAT tax rate. All prices include VAT. We will write to you if we find out that the government is about to carry out any changes.
The payment method set up will be a direct debit for monthly payments. We will also accept annual payments by cheque. Payments made using a credit card will incur a 2% charge.
All of our charges include relevant taxes at the current rates.
We will correspond with you at least two calendar months before your Care Plan is due to expire. We will cover your system under the Care Plan for the complete agreement term if you choose to cancel your agreement with us at the end of the Care Plan agreement.
Before the end of the agreement of your Care Plan, we will write to you telling you about any price change or changes to what is included within the Care Plan agreement. Unless you notify us in writing at least one month prior to the end of the Care Plan agreement that you do not wish to renew your Care Plan, we will automatically renew your agreement for another year.
4.5 Domestic use
Care Plans are only available for appliances and systems fitted inside your home for domestic purposes.
4.6 Our responsibilities
We will meet our responsibilities under the Care Plan within a reasonable time unless it is impossible because of circumstances outside of our control.
If we cannot meet our responsibilities we will let you know the reasons as to why we cannot meet them. We will also give you another time when we expect to be able to meet our responsibilities to you. Where we have agreed to take on your appliance/system onto a Care Plan, and have previously advised there may be restrictions over our ability to maintain your appliance/system or the supply of parts, we will use all reasonable endeavours to carry out repairs.
4.7 Care Plan Inspection
Before we accept any boiler/controls or systems on a Care Plan we will carry out a comprehensive Inspection. Any apparent faults arising from the Inspection will need to be rectified before the Care Plan can commence. These recovery actions will be chargeable and will not be carried out under the terms of the Care Plan.
Our engineer will complete an Inspection to indicate what has been inspected and any results found.
If your Inspection reveals a problem, we will tell you what work is required and what it will cost to rectify the problem. We may offer you a different Care Plan that does not cover the problematic issue that cannot be covered by a Care Plan, or we may cancel the progression of accepting your appliance or system on any Care Plan.
We will not carry out an Inspection if the system or appliances have been refused acceptance previously unless remedial work has been carried out to our satisfactory standards.
4.8 Annual service
Your Care Plan includes an annual service. We will arrange to visit the property around the anniversary of the Care Plan and subsequent years of the Care Plan to inspect your boiler and controls, gas central heating system or gas appliance. This will help make sure they are safe and in good working order.
If we attend a break down at the property within two months of the service date we may opt to carry out the service at the same time.
4.9 Boiler replacement – Total Care Plan only
Your boiler is covered for repair and maintenance over its useful life. Under the Total Care Plan we can replace the boiler if spares are no longer available or if the boiler is not financially viable to continue to maintain.
Providing your Total Care Plan has been in place continuously for 12 months, the first £300.00 of the cost towards the boiler replacement will be covered. We will supply you with a quote for a boiler replacement, parts and labour.
Care Plans other than the Total Care Plan, do not include a replacement boiler.
4.10 Gaining access to your property
Our engineers will only work in your property when there is someone there over the age of 18, or a key has been arranged to gain access to the property.
It is your responsibility to allow us access to the property. If we cannot gain access we will not be able to carry out the necessary work and as a result if we cannot carry out our responsibilities to you we cannot be held responsible for this lack of service. If we are obstructed in making repeat appointment visits we will cancel your Care Plan and you will be liable to cancellation charges.
4.11 Safety advice
We may advise you that permanent repairs or improvements are needed to help make sure your appliance or system works safely. For example, to keep to Gas Safety Regulations, such as upgrading your ventilation to meet current standards. If you do not follow our advice it may mean that we cannot fulfil our obligations to you. We will then cancel your Care Plan and you will be liable to cancellation charges.
4.12 Spare parts
Our engineers carry some spare parts, however, if they do not have the required parts on their van we will do all that we reasonably can to find and install parts from our approved suppliers. The suppliers we use can usually provide the parts the next working day.
We guarantee to make good any faulty parts or faulty workmanship for a period of twelve months from the date we completed the repair. The rights in relation to any guarantee we give you apply in addition to and do not affect your legal rights under the Sales of Goods Act 1979 and Supply of Goods and Services Act 1982. You can get advice about your rights from the citizen’s advice bureau and the trading standards department.
4.14 Moving home
Care Plans are not transferable from one property to another as boilers and systems may differ depending on age and design of the property.
If you intend to move property, you will need to tell us at least one month before you move. If you fail to notify us in writing that you are moving, you will be liable to cancellation charges.
If you wish to continue a Care Plan in your new property, please contact John Williams Heating Ltd to discuss the options available. A different property requiring a Care Plan will require an Inspection to assess the cover required.
Any apparent faults arising from the Inspection will need to be rectified before the Care Plan can commence and we can offer you a Care Plan. These recovery actions will be chargeable and will not be carried out under the terms of the Care Plan.
5. General conditions – Cancellation
5.1 Your cancellation rights
You may cancel your Care Plan with us at any time by writing to John Williams Heating Services Ltd, Unit D14, Bumpers way, Bumpers Farm, Chippenham SN14 6LH.
Cancelling your direct debit without telling us does not mean that you have cancelled the agreement. You will be liable for cancellation charges (see 5.2).
If you cancel within 14 days of starting the Care Plan we will give you a full refund of all monies that you have paid us but you will be charged for the Inspection at the current rate. Current rates are available by phoning John Williams Heating Ltd on 01249 709024.
If you cancel after the first 14 days of starting the Care Plan and pay by direct debit we will provide you with cover to the end of the paid period including the one month notice period. We will then cancel the Care Plan and take no further payments. If you have had work carried out you will be charged at our normal rates for that work and also be charged for the Inspection. You will be liable for cancellation charges.
5.2 Cancellation charges
If you cancel any Care Plan you have with us part way through your period of agreement and if you have had any work carried out as part of that Care Plan you will be liable to be charged our normal rates for that work and also be charged for the Inspection.
The cancellation charges will be the total annual payment due, less any direct debits plus an administration charge of £30.00 including VAT.
These charges will not be more than the total cost of the agreement that you are cancelling deducting any amounts that you have paid as monthly direct debits.
5.3 Our cancellation rights
We may cancel the Care Plan for the following reasons:
- If you have given us false information;
- If you do not make an agreed payment;
- If we find something wrong on the Inspection;
- If there are health and safety issues;
- If you do not arrange adequate access to your property in good time;
- If we are not reasonably able to get parts because they are not made for your boiler/system anymore;
- If permanent repairs or improvements are needed and not completed;
6. General exclusions that apply to all agreements
6.1 Design or workmanship defects
We will not be responsible for the cost of repairs or gaining access to make repairs if there are design faults, (unless we are responsible for the system design faults). Faults which exist before you enter into a Care Plan with us or faults which we could not, using reasonable care and skill, identified on our Inspection or a repair call out to your system or appliance. For example, this would apply to pipes buried under concrete floors that have been installed incorrectly without wrapping or movement protection.
6.2 Accidental damage, third party damage and damage from deliberately taking risks
We will not cover the costs relating to the damage caused by you. If work is carried out on your system or appliance by someone other than us, whether or not following our advice, which results in damage to that or another part of your system because of poor workmanship, the repair will be excluded from your agreement.
6.3 All other loss and damage
Unless we cause it, we will not be liable for any costs arising from loss or damage to your property as a result of your appliance or system breaking or failing, including any cleaning needed or damage to fixtures and furniture, (for example, damage caused by water leaks).
6.4 Making good
We will fill in any holes and leave the surfaces level if we have had to make access to your system or appliance so we could carry out a repair. We will not replace the original surface or construction (for example, decoration).
6.5 Risks normally insured under household or other insurances
Except and only to the extent specifically stated as included under your agreement, we will not include the repairing of faults or damage or the replacement of appliances or systems caused by freezing weather conditions, subsidence, structural repairs, accidents, fire, lightning, explosion, flood or storm. You should check your household insurance to make sure you have enough cover for these risks.
If anything specifically stated as being included in your agreement is also included under any other insurance or maintenance contract you hold, the repair will be the responsibility of your other insurer or maintenance provider. In the event of a joint responsibility with your other provider we will only ever be responsible for our fair share and to the extent of the obligations of the agreement.
6.6 Third party rights
Nobody other than you will be able to benefit from your Care Plan, which cannot be passed to someone else.
6.7 Other exclusions
We will not cover the following in the Care Plans:
- We will not cover the cost of gaining access to your system or pipeline if it is not accessible, for example concealed pipework;
- Replacing any bathroom fittings, fixtures, showers or sanitary ware;
- Upgrades that you may want to have carried out to improve your appliances or system;
- Replacing or repairing parts that do not affect the way your appliance works or decorative or specialist parts;
- Resetting controls (for example adjusting room thermostats or programmers due to the seasonal clock changes);
- Removing asbestos associated with repairing the appliance or system. By law the person who removes the asbestos must give you a clean air certificate. If you have the asbestos removed you must provide us with a Clean Air Certificate before we will do any more work in your property;
- Cash alternatives instead of a service, maintenance or repair;
- Repairing or replacing any lead, steel or central heating iron pipes. This does not apply to your gas supply pipe from meter to appliance if covered in your agreement;
- The cost of repairing damage or breakdowns caused by changes to, or problems with, the gas, electricity or water services;
- Beginning or continuing services where we believe there is a significant health and safety issue, including the presence of hazardous material, infestations, or harassment of our staff (physical or verbal). We will not start work again until these issues have been addressed and resolved;
- Loss of or damage you may suffer to your systems if radio frequency allocations are subsequently altered by others that interfere with your system or its controls;
- Replacing any batteries in your system controls.
- Removing sludge or hard water scale from your system or appliance;
- Repairing damage caused by scale, sludge or other debris if we have told you on a previous visit that permanent repairs or a powerflush are needed to help make your appliance or system work properly;
- Repairing or replacing flues or terminals that are not directly part of the appliance flue system;
- Servicing and maintenance of electric boilers, oil boilers, warm air heaters, cookers or fires;
- Any boilers over 70kw and not for the purpose of domestic use.
We will always aim to do our best but unfortunately there may be times when things go wrong. If you have a complaint about any part of our service or products, please phone us on 01249 709024 or write to us at:
John Williams Heating Services Ltd, Unit D14, Bumpers Way, Bumpers Farm, Chippenham, Wiltshire, SN14 6LH, or email us at firstname.lastname@example.org.
We will try to deal with the matter immediately, however, if we are unable to then we will always keep you regularly informed as to the progress of our actions or investigations.