Servicing

TERMS AND CONDITIONS COVERING FIXED COST REPAIR SERVICES FOR OUT OF WARRANTY BAXI GROUP BRAND OWNED APPLIANCES INCLUDING; BAXI, POTTERTON, MAIN, POWERMAX AND VALOR/WONDERFIRE

These Conditions apply to the provision by us of a fixed cost repair service in relation to your appliance arranged through heateam - the service division of Baxi Potterton. It is important that you read and understand these Conditions.

In these Conditions, the following words have the following meanings:

"Appliance" means the boiler, fire or water/wall heater in respect of which you request the Service;

"Contract" means the contract for the Service formed in accordance with Condition 1.1;

"Excluded Appliances" means all appliances over 10 years old, most appliances with an output of 120,000 or more boiler thermal units (confirmed to you at the time of enquiry) and all Lynx Electronic, Midas, Osprey and Velaire Vitesse models;

"Customer Service" means the heateam contact centre in Warwick or other 3rd party representatives appointed by heateam; "Order" means a request for Services made by you from Customer Service;

"Fee" means the fee for the provision of the Service as advised to you by Customer Service;

"Property" means the premises where Services are to be provided, as specified by you in the Order;

"Service" means an on-site diagnosis and, if applicable, repair of faults in appliances, other than Excluded Appliances and/or faults in the connected heating system, as described in further detail in clause 3;

"Visit Date" means the date on which a heateam representative provides the Service at the Property;

"we" means heateam, a trading division of Baxi Heating UK Limited;

"you" means the person who requests the provision of the Services.

1. This Contract and the effect of these Conditions

1.1 Your agreement to proceed with an Order is an offer to purchase the Services from us on and subject to these Conditions. Our booking an appointment for our engineer to visit the Property is acceptance by us of such Order and accordingly a contract is formed at such time.

1.2 You may cancel the Contract within seven (7) working days from the date the Contract is formed, provided always that our engineer has not visited your Property as at the time of such cancellation, by notifying us in writing at heateam, Brooks House, Coventry Road, Warwick, CV34 4LL, by fax to 01926 410006 or by e-mail to service@heateam.co.ukand your Fee payment will be fully refunded accordingly.

1.3 We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed.

2. Price and Payment

The Fee is inclusive of all parts integral to the appliance, labour and VAT.

The Fee is payable in full by you by credit or debit card at the same time as you place an Order.

If the Appliance is covered by a manufacturer's warranty, the provision of the Service will be free of charge. You will be asked to provide details of your Appliance in the form of the serial number or by sending us proof of purchase; to enable us to confirm whether the Appliance is covered by such a warranty. If you are unable to provide such information prior to an engineer visit being booked for you, we will require a credit or debit card payment for the amount of the Fee in order to book such a visit for you. This payment will be refunded in full if and when our engineer is able to validate the serial number confirming that the Appliance is still covered by such a warranty. If you are unable to demonstrate through proof of purchase that the Appliance is covered by a manufacturer's warranty, we will be entitled to retain the Fee payment.

3. The Service

Our engineer will attend at the Property on the agreed date (or such other date as is arranged pursuant to clause 3.3) and will examine the Appliance and diagnose the fault.

Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer is able to repair the fault immediately following diagnosis, he/she will do so. If our engineer does not carry all parts necessary to repair the fault at the time of diagnosis, we will arrange a mutually convenient time for an engineer to return to perform the repair.

Our engineer will use all reasonable efforts to repair a diagnosed fault. However, we cannot guarantee to be able to repair every fault diagnosed. If an engineer is unable to repair a fault, or if our engineer diagnoses the necessary repair as being any repair of your central heating system (for boilers) and/or any repair required as a result of faulty installation of your appliance, which are not covered by the Service, he/she will inform you of the nature of the fault and will advise you of what he/she considers to be any reasonable courses of action available to you, which may include that it is beyond repair and requires replacement. In such circumstances, we will charge you an inspection fee of £90 (or £60 for fires) and refund the balance of the Fee.

If your Appliance is deemed beyond economic repair, we may, and entirely at our discretion, offer to supply you with a quotation for a discounted replacement or equivalent replacement Appliance.

We will use all reasonable efforts to ensure that an engineer visits the Property on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get an engineer to attend the Property on the agreed date. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date.

If you are unable to allow our engineer to access the Property on the agreed date, you must contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding such date) to arrange an alternative date for provision of the Service. If you inform us after this time, we reserve the right to retain a cancellation charge of £45 and refund the remainder of your Fee.

Once inside the Property, if your Appliance has been installed in an area where it is inaccessible and our engineer cannot gain clear and safe access to it, we reserve the right to retain an inspection fee of £90 (or £60 for fires) and refund the remainder of the Fee.

Our engineers will exercise reasonable care and skill in providing the Service.

4. Guarantee

We will, free of charge, re-perform any Service where the same Appliance fault repaired by one of our engineers in providing the Service reoccurs within 90 days following the Visit Date. This guarantee will not apply where the same defect arises again as a result of:

(i) wilful or accidental damage;

use of the Appliance otherwise than in accordance with the user instructions;

any tampering with, or alteration of, the Appliance by anyone other than us; or

a fault in any other appliance, such as (without limitation) your ancillary heating system to which the Appliance is connected.

We will, free of charge, replace any part fitted by our engineer in providing the Service which is found to be defective within twelve (12) months from the Visit Date.

If you wish to arrange for an engineer to attend to re-perform the Service and/or replace any defective parts pursuant to clauses 4.1 and/or 4.2 above, please contact us via Customer Service. Upon booking a time for such re-visit, we may require a credit or debit card payment for the amount of the Fee. This will be refunded once our engineer has re-performed the Service and/or replaced the defective part unless our engineer reasonably believes that the new fault is not covered by the guarantees in clauses 4.1 and/or 4.2 above in which case the Fee will be payable. In such circumstances we will be entitled to retain any payment made by you, or if no payment has been made, to invoice you for the Fee.

To take advantage of either of these guarantees you must contact us as soon as reasonably practicable upon becoming aware of the defect.

THE GUARANTEES SET OUT ABOVE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. If you prefer, you may rely on your statutory rights rather than make a claim under the guarantees. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.

Limitations on our Liability

We will not be liable to you for any loss, damage, costs or expenses:

that are not a reasonably foreseeable consequence of a breach by us of these Conditions;

that are not caused by any breach of these Conditions by us; and for business losses, or losses to non-consumers.

YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE IN PLACE AND MAINTAIN ADEQUATE INSURANCE POLICIES IN RESPECT OF YOUR PROPERTY.

Nothing in these Conditions shall:

limit our liability under Part 1 of the Consumer Protection Act 1987 in relation to the safety of parts or for death or personal injury caused by our negligence; or

affect any statutory rights which you may have as a consumer.

6. Events Beyond Our Control

If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our control including, for example, non-availability of parts or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or this Contract until such time as we are able to perform the obligations. We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.

7. General

7.1 We do not intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this contract.

7.2 This contract shall be governed by and construed in accordance with the laws of England and Wales, and we both agree to submit to the jurisdiction of the courts of England and Wales. Where the Service is to be performed in Scotland, this contract shall be governed by and construed in accordance with the laws of Scotland, and we both agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

These Conditions can only be amended or varied by written agreement between us.

If any one or more of the provisions of these Conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired thereby.

Your Personal Details

We shall use and safeguard your personal details in accordance with all applicable Data Protection legislation. We may use your personal details to inform you of our other products and/or services. If you would rather not receive any such communications, please contact us as set out below.

Contact Us

If you need to contact us at any time or you have any queries or complaints, please contact us via Customer Service on 08706 096096, by post to heateam, Brooks House, Coventry Road, Warwick, CV34 4LL, by fax to 01926 410006 or by e-mail to service@heateam.co.uk.