Terms & Conditions
Heat Firm Cover Care Terms & Conditions Agreement
The Company shall mean Heat Firm Ltd, the customer shall you, your the person agreeing to this agreement allowing the company to debit their account, by way of direct debit, credit or debit card for the heating cover care services displayed on this website: www.heatfirm.co.uk. Cover Care Services shall mean any Heating Cover Care plan in this Agreement, the following terms shall have the following meanings: ‘Commencement Date’ the meaning given in clause 9 and 17.1; ‘Equipment’ the equipment described in Schedule 1; ‘Cover Care Charges’’ ‘Cover Care Services’ the services described in Schedule 2 by reference to the appropriate Cover Care Service level as shown below; ‘Parties’ the Company and the Customer, and ‘Party’ shall mean either one of them; and the meaning set out below. ‘Excluded Works’ the exclusions described in Schedule 3.
2. Cover Care Services
2.1 The Company will provide the Customer with Cover Care Services at the Cover Care Service Level in respect of the Equipment on the following terms and conditions which, with the Companies standard conditions of sale from time to time in force, shall constitute the entire Cover Care Agreement between the Company and the Customer.
2.2 The Cover Care Services will be provided seven days per week including public, bank and local holidays. However, routine repair work including boiler servicing will only be carried out between 8.00 AM and 5.00 PM Monday to Friday during April to September inclusive.
2.3 The Company will endeavour to respond promptly and if possible within 24 hours to requests for Cover Care Services.
3. Exclusion from Cover Care Services
The Cover Care Services does not include the Excluded Works and the company shall be entitled to charge for the Excluded Works at its normal hourly rate.
4. Cover Care Charges
4.1 Cover Care Charges are payable weekly, monthly or annually in advance by Direct Debit via paypal.
4.2 Additional services (including emergency visits outside the hours specified in clause 2.2 above and Excluded Works) and the cost of replacement parts not covered by a parts warranty given by the company will be the subject of extra charges in accordance with the Companies terms then in force payable within 30 days of the date of the Companies invoice.
4.3 The Company may: 4.3.1 adjust its cover care Charges by written notice not later than 30 days before any anniversary of the Commencement Date; and 4.3.2 if the Customer does not pay the adjusted Cover Care Charges on the due date, Heat firm ltd reserve the right to terminate this Agreement immediately and without notice.
4.4 The Cover Care Charges are payable without any deductions or withholding of any kind and are not inclusive of VAT.
4.5 The company will charge a first day fee as set out on the website, for weekly or monthly payment plan options, for any new cover care service agreement.
4.6 The pay now button on the pay now page of this website will only be used as instructed on the pay now page(url) of this website. No refunds are given if instructions have not been followed.
5. Customer’s obligations
To facilitate the provision by the Company of Cover Care Services the Customer shall:
5.1 keep and operate the Equipment in a proper and prudent manner.
5.2 use the Equipment in a suitable environment with proper power supplies and in accordance with instructions and advice of the Equipment manufacturer and the Company;
5.3 not move the Equipment or make any addition, modification or adjustment to it without the Companies prior written consent;
5.4 maintain and make available to the Company records of the operation, and any malfunction of the Equipment; and
6.1 The Company shall use its reasonable endeavours to keep the Equipment in efficient operating condition but shall have no liability at all for any loss or damage of any kind arising from any stoppage, breakdown or failure of the Equipment however occasioned.
6.2 The Company shall have no liability for any damage to the Customer’s property unless occasioned by the Companies negligence.
6.3 The Agreement by the Company to supply the Cover Care Services in respect of the system in no way implies that the system is fitted in accordance with current building regulation or Gas Safety (Installation and Use) regulations 1998. If it becomes apparent to the Company that the system is not fitted to acceptable standards the Company may determine this agreement without any further liability to and without any reimbursement of any charges made.
7. Replacement parts
Replaced parts are the Companies property until paid for.
8. Force majeure
If the performance of this Agreement or any obligation under it is prevented, restricted or interfered with by reason of circumstances beyond the reasonable control of the Party obliged to perform it, the Party so affected (upon giving prompt notice to the other Party) shall be excused from performance to the extent of the prevention, restriction or interference , but the Party so affected shall use his or its best endeavours to avoid or remove the causes of non-performance and shall continue performance under this Agreement with the utmost dispatch whenever such causes are removed or diminished.
9. Commencement and term of agreement This Agreement starts on the Commencement Date subject to clause 17.1 and remains in force until it is terminated on any anniversary of the Commencement Date by not less than 3 weeks written notice by either Party to the other.
10. Termination on default etc Either Party may at any time by written notice (in addition to any other rights) terminate this Agreement or suspend his/hers or its performance of all or any of his/hers or its obligations under it immediately and without liability for compensation or damages if:
10.1 The Customer fails to comply in all material respects with this Agreement;
10.2 The Customer dies, becomes bankrupt, has a receiving order made against him/her, makes any arrangement with is creditors generally or takes or suffers any similar action as a result of debt;
11. Not assignable
11.1 The Company reserves the right to assign this Agreement and to sub-contract all or any of its obligations.
11.2 This Agreement is personal to the Customer who may not without the Companies prior written consent:
11.2.1 Assign or dispose of it;
11.2.2 Part with any interest in it; or
11.2.3 Grant any lease or licence or delegate any of the rights conferred by it.
12. Variation No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both Parties.
13.1 Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or air mail, or by e-mail (confirmed by first class mail or air mail) to the address the relevant Party set out below, or such other address as that Party may from time to time notify the other Party in accordance with this clause.
13.2 Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after the date of posting (in the case of air mail), or on the next working day after transmission or next working day after sending (in the case of e-mail).
13.3 In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.
14. Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
15. Third parties
For the purposes of the Agreement (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not party to it any right to enforce any of its provisions.
Schedule 1 The Equipment
Appliances and parts Covered Under selected Heating Cover Care plan.
Schedule 2 Heating Cover Care Service Level: Services Provided:
1. Bronze Cover Care – Annual boiler service and safety check and priority call out service (excludes parts). 2. Silver Cover Care – Service care plus unlimited priority call outs to the boiler and its integral controls (includes labour and parts). 3. Gold Cover Care – Boiler care plus unlimited call outs to the external controls, pumps, valves, heating pipe work, hot water cylinder and radiators (includes parts and labour but does not include replacing boilers or cylinders).
Schedule 3 Exclusions
1.Modifications or additions to the Equipment;
2. Peripheral items and consumables (lists of which are available from the Company);
3. Items which in the Companies opinion can no longer be subject to economical maintenance and for which the Company has submitted a refurbishment cost estimate payable in addition to the Cover Care Charges unless work is authorised within 30 days of the date of the estimate;
4. Defects resulting, in the Companies reasonable opinion, from misuse or neglect of or accident to the Equipment or failure to follow the instructions or advice of the Company or the Equipment manufacturer;
5. Visits in addition to those (if any) specified in this agreement; or
6. The repair or replacement of parts which the Company requires to carry out away from the site named in this agreement but which the Customer for security reasons or otherwise is unwilling to release to the Company.
7. Any problem relating to the original installation of the system.
8. Any problem due to the failure of the water, gas or electricity supplied to the system.
9. Any problem relating to the lime scaling of the system due to the hardness of the water supply.
10. Any problem relating to the build-up of deposits within the system including but not limited to corrosion deposits/sludge.
11. The failure of the boilers primary heat exchanger internal expansion vessel unless accessible from the front of the boiler.
12. Any problem caused by lightning strike, frost, explosion, flood, storm, fire impact, waste, guttering, rain water or sewer pipes or other similar causes.
13. Any problem caused through negligence, misuse or third party interference whether wilfully or accidentally.
14. Any problems relating to the hot water supply from the cylinder to and including the taps and washers.
15. Adjustment of time and temperature controls.
16. The structure of the building including but not limited to pipe work and flues concealed within it.
17. Any faults present at the time of agreeing to this agreement (by way of authorising the company to charge your debit/credit card) or that occur within 31 days, at the Commencement Date.
18. Replacement of flues.
19. Any problem relating to heating appliances including, but not limited to, fan assisted radiators, towel rails, immersion heaters, designer radiators, primatic cylinders, thermal stores, custom made cylinders and glass fronts on back boiler fires and any related back boiler flue issues. Second boilers and gas water heaters (any given cover care option will only provide cover for the first boiler).
Cancellation from this agreement by way of mail, email or a phone call is acceptable, providing it is with 14 day of authorising the company to debit your account by direct debit, credit or debit card and providing the companies engineer has not attended your property to carry out any works under this agreement.
First day fees are non-refundable & there is a 50% canacellation fee on yearly subscriptions.
17. Validity of your Heating Cover care Plan
17.1 The Selected heating cover care plan will only be valid 30 days after the company has received your payment by way of authorising the company to debit your account by direct debit, credit or debit card payments. By allowing the company to do so, you are agreeing to these terms and conditions which are legally binding.
17.2 The selected heating cover care plan will be valid for one year. The company reserve the right to re-validate this agreement one month after the anniversary of the Commencement Date of this agreement, and the company have taken payment subject to provisions in clause 17.1.
18. Free gas safety reports and Heating Surveys. The company reserve the right to carry out the gas safety report and heating survey with in the year of, the customer taking out any heating cover care service.
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