Boiler Care Terms and Conditions

Viking Heating and Plumbing Limited

Care Plan Terms and Conditions

Please read carefully

These Terms & Conditions are part of the contract between you (The Customer) and Viking Heating and Plumbing Limited.

1. Definitions

Annual Boiler Service: an annual service of your gas Boiler and Systems (including such repairs and replacements as described in these terms) to check they are safe, efficient and comply with the relevant laws and regulations.

Boiler:  An appliance located at the domestic property that heats the hot water and/or heating by Gas. A single natural gas boiler in your Home that is designed for domestic use and has a heat output capacity of up to 70Kw. 

Boiler Service: a service of your Boiler to check that it is working and installed properly.

Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.

Call Out Fees: means the per incident fees payable in respect of any call outs which are not expressly included in your Plan description and are payable in addition to the monthly fee for the Plan(s).

Care Plan: Refers to the type of plan that you have chosen to take out as referenced in Clause 5 of the Agreement.

Customer or you/your: who purchases the Care Plan from us and who is responsible for any costs incurred.

Filter Data: means any data broadcast by any filter that is capable of broadcasting such data.

Heating System: the heating system includes hot water cylinder, heating pipework, pump, motorized valves, radiators, radiator valves, programmer/timers, cylinder stat, room stat, pressure controls.

Plumbing System: the plumbing system includes tap repairs, Hot and cold water pipes, Cold water tanks, Toilet break downs, Silicone seals on bath and showers, Ball valves and float valves, Stop cocks and gate valves and above ground drainage.

Pre-Existing Faults: any problems with the Boiler that we determine existed prior to commencement of your Contract.

Services: means the Care Plan.

Start Date: The date that is stated on the contract as the start of the Care Plan.

Viking Heating and Plumbing Limited: We/us/our (all references relate to) are Viking Heating and Plumbing Limited a company incorporated in England and Wales (company number 13369238), whose registered office is at 134 London Road, Southborough, Tunbridge Wells, England, TN4 0PL.

2.  Basis of contract

2.1 These Terms and Conditions need to be read in conjunction with our Care Plan brochure or our website, where details of the Care plans are provided. 

2.2 The Order constitutes an offer by the Customer to purchase the Care Plan in accordance with these Conditions.

2.3 The Order shall only be deemed to be accepted when the Customer purchases the Care Plan by completing our website form and their payment details or purchasing the same via the telephone. When doing so, they confirm that they have read and automatically accept our terms and conditions, at which point, and on which date the contract shall come into existence (Commencement Date).

2.4 Any samples, drawings, descriptive matter, or advertising issued by us and any descriptions of or illustrations of the Services contained in our advertising are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.

2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

2.7 Any variation to these Terms and Conditions shall be inapplicable unless expressly agreed in writing by us. The Customer must notify us of any variation and if we agree, (to any such variation) we reserve the right to adjust the price accordingly.

2.8 A reference to writing or written includes email.

2.9 This contract is strictly a Care Plan maintenance contract and IS NOT an insurance policy. 

3. Care Plan Eligibility

3.1 You can only apply for a Care Plan if you meet the following criteria:

1. you have one domestic (up to 70Kw) condensing gas central heating boiler;

• your domestic (up to 70Kw) condensing gas central heating boiler has a circular flue, is under 16 years old and doesn’t need to be removed from the wall to be repaired;

• you live in the area we cover (please contact us for details);

• you are aged 18 or over, and are the owner or owner-occupier of the property in respect of which you require the Care Plan;

• the property in question has 5 or fewer bedrooms; 

• your boiler and heating system are safe and in good working order;

• in the case of a servicing Care Plan for an Add-on Item, you also apply for a Care Plan which is not an Add-on Item.

3.2 In addition to Clause 3.1, you can apply for a Care Plan which includes monitoring of your filter, only if you already have a qualifying Wi-Fi enabled filter installed within the property or will be having one installed by us (please contact us for details).

3.3 At our discretion, we can provide a bespoke quote for your Care Plan(s) if your property has more than 5 bedrooms. We reserve the right to quote a higher price than the Fees shown in the Care Plan document in such cases, and in any other situation where the heating system in your property will make it more difficult or expensive for us to service and/or maintain your products.

3.4 We reserve the right to refuse any application for a Care Plan without giving a reason. Your Plan(s) will only commence, and a binding contract will only be created between us, once we confirm in writing to you that you have been accepted onto the Care Plan. If we are unable to accept your application then, unless we have already carried out a service of any of your products, we will refund any payments made by you in respect of the Care Plan.

3.5 Each Care Plan Plan is specific to the boiler installed in the property at the commencement of the Care Plan. If your boiler is changed during the term of a Care Plan (other than by us) you must immediately inform us and we may, at our sole discretion, either amend or cancel the Care Plan.

3.6 Our Care Plans are designed for owned properties only and will automatically terminate on the date you sell your property. In this case, both your and our obligations under the Care Plan(s) will cease and you will not be entitled to a refund of any of the Fees you have already paid. IF YOU ARE IN THE PROCESS OF MOVING HOUSE, PLEASE CONTACT US TO LET US KNOW AS WE MAY BE ABLE TO TRANSFER YOUR CARE PLAN TO YOUR NEW HOUSE.

4. Term

4.1 The term of this Contract shall commence on the date this Agreement is formally accepted by the Customer and shall continue for a period of 12 calendar months. Following this period, the contract will auto renew onto a further 12 month contract and shall continue to renew annually on a rolling basis until terminated by either party in accordance with Clauses 9 & 10.

5. Types of Care Plans 

5.1 We are able to offer you one of the following Boiler Care Plans under the Terms of this Agreement:

Loki  – £12.00 per month or £144.00 annually. This package will include the following: annual boiler service;priority service & call outs;annual system water test;heating filter cleaned;heating system health check;1 free of charge call outs;10% loyalty discount on our other services;20% discount on new boiler installation.	Freya  – £19.00 per month or £228.00 annually. This package will include the following: ·       annual boiler service;·       priority service & call outs;·       annual system water test;·       heating filter cleaned;·       heating system health check;·       boiler and all internals;·       2 free of charge call outs;·       20% labour cost discount;·       20% replacement part discount;·       20% loyalty discount on our other services;·       20% discount on new boiler installation.
Thor – £27.50 per month or £330.00 annually. This package will include the following: ·       annual boiler service;·       priority service & call outs;·       annual system water test;·       heating filter cleaned;·       heating system health check;·       boiler and all internals;·       free of charge call outs;·       30% labour cost discount;·       30% replacement part discount;·       30% loyalty discount on our other services;·       30% discount on new boiler installation;·       system powerflush (every 5 years);·       annual system anti corrosion treatment;·       circulation pump;·       timer/thermostat;·       thermostatic radiator valves.	Odin  – £36.00 per month or £432.00 annually. This package will include the following: annual boiler service;priority service & call outs;annual system water test;heating filter cleaned;heating system health check;boiler and all internals;free of charge call outs;100% labour cost discount;100% replacement part discount;30% loyalty discount on our other services;50% discount on new boiler installation;system powerflush (every 5 years);annual system anti corrosion treatment;circulation pump;timer/thermostat;thermostatic radiator valves;radiators;hot water cylinder;pipework inc. gas supply;drainage.
Boiler Care £19.50 per month, Heating Care £35.00 Per Month, Ultimate Care £49.50 Per month (Add On – Unvented Cylinder £6.00 Extra Per Month and/or Gas Fire £7.50 Per Month).  These packages will include the following: annual boiler service, Safety Certificate, priority service & call outs, heating system health check, Boiler and Internals, minimum of 1 free of charge call outs, a minimum of 10% loyalty discount on our other services and a minimum of 20% discount on new boiler installation.  In addition to the above Heating Care will include – and additional 1 Free of charge call out (totalling 2) – Labour cost discount and replacement part discount is increased to %30 – Loyalty discount on other services is increased to %20 – as well as cover for the properties, Circulation Pump, Timer/Thermostat and Thermostatic Raditator Valves In addition to the above Ultimate Care will include – Unlimited Free of charge call out – Labour cost discount and replacement part discount is increased to %30 – Loyalty discount on other services is increased to %30 – as well as cover for the properties, Circulation Pump, Timer/Thermostat and Thermostatic Raditator Valves – After being a ultimate care plan customer for 5 years you will be entitled to a system powerflush – Annual system anti-corrosion treatment (to be carried out at the same time as the service)

5.2 Exclusions from the Boiler Care Plans.

In addition to any exclusions contained within the description of each Care Plan, it does not include the following:

any repairs and replacement parts required, unless expressly included in your Care Plan description; removal of products of corrosion from within the system; and/or the clearing or repairing of filters or the addition of chemicals or inhibitor, unless expressly included in your Care Plan description; any adjustment of time and temperature controls, bleeding radiators or pressurising sealed systems and relighting pilot lights; data loss or corruption, installing, modifying, and upgrading software, the resolution of any software interface problems; visits outside of normal working hours, which are 9:00am to 17:00pm Monday to Friday, excluding bank holidays;  the fabric of your property, including any pipework or flues encased or buried in it; anything for which you are not legally responsible, such as pipes, cables and drains located outside your property’s boundary; your domestic water supply; and any pipework or items not expressly included in a Plan description which are connected to the domestic hot and cold water services, including taps and washers; heating appliances including heaters, radiators and cylinders (unless expressly included in your Care Plan description), thermal stores, underfloor heating systems and/or specialist heating; accidental damage; repairs or modifications, where not approved by either us or the heating equipment manufacturer; and intentional or unintentional misuse of or damage to your products or services; including damage or faults caused by a third party, other than one of our employees or approved sub-contractors; any work, including de-scaling, that may arise due to hard water scale deposits or aggressive water supply; and any breakdowns or damage to the boiler or its parts caused by sludge build-up within the system; for items with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens; damage or faults which are covered by any insurance policy you hold or by a manufacturer’s guarantee; damage or faults caused by snow, ice or frost and other extreme weather events and conditions, such as lightening, flood, earthquake or hurricane; or caused by fire, explosion, subsidence, structural repairs; or due to any problem with the supply of broadband; or due to the failure of the water, gas or electricity supply; any inadequacy arising from the original design or installation of your boiler and/or heating system (unless installed by us); replacement, recall or modification of the heating equipment (or any part) by a supplier or the manufacturer; modifying or making heating equipment comply with legislation or making it safely accessible; and any consequential damage or loss occurring as a result of a defect in the boiler or central heating system unless attributable to our negligence. If attributable to our negligence, notification must be given in writing with full details within fourteen days of the incident; damage caused whilst your property was unoccupied for four weeks or more; the cost of any replacement parts, flues, filters, decorative parts, accessories, or consumables required under a Care Plan, unless expressly included in the Plan description; noise issues only (as boilers become older, for various reasons they may become noisy. Where age is the sole reason for noise, we do not consider this a fault and its investigation/remedy would be chargeable Works); boilers which are over 15 years old, or mobile or park homes which are owned or rented.

5.3 Beyond Economical Repair (BER): Repairs to your boiler are not included under any service-only Care Plan and are excluded under a boiler or system Care Plan where the boiler is deemed, in our sole discretion, to be Beyond Economic Repair. Your boiler will be BER if the heat exchanger fails or if the value of the boiler or programmer is less than the cost of the

parts to repair it. The table below illustrates the BER value of a boiler according to its age:

Age in Years	Nominal Boiler Value	Value after depreciationper annum at 18%
1	£1,000	£820
2	£820	£672
3	£672	£551
4	£551	£452
5	£452	£371
6	£371	£304
7	£304	£249
8	£249	£204
9	£204	£167
10	£167	£137
11	£137	£112
12	£112	£92

5.4 We shall perform Maintenance and Support Services in accordance with and subject to the terms and conditions of this Agreement.

5.5 Care Plan Limitations.

The following limitations apply to our Care Plans:

1. Investigation/remedy of any faults that arise with your boiler during the first 14 days of any relevant Care Plan, or pre-existing faults or conditions, will not be included within your Plan (and will be chargeable Works) unless we installed the product/s and have maintained them ever since;

• Where the Care Plan includes boiler or system care, when we carry out your first boiler service and inspection of your boiler and system, if it transpires that your boiler and/or system were not safe and in good working order at the time of your application then we will give you a quote for the additional work required to bring your boiler and/or system up to the required standard. You are under no obligation to have the work undertaken, but if you decide not to go ahead with the work, we will cancel your Care Plan and you will be invoiced for the cost of our visit and for any work carried out (less any payments received in respect of the Care Plan);

• Despite regular servicing, products sometimes fail, and this can damage other items in your property. We cannot repair or replace these items within the cost of your Care Plan(s) unless the products included in your Care Plan(s) failed because we did not service or maintain them properly;

• Where parts require replacement, we cannot guarantee the availability of the exact same part and, at our sole discretion, may supply and fit replacement items which may not be the same, but will have the same functionality;

• If there is any delay in payment of the Fees, we will be entitled to suspend any Care Plan(s) (without penalty) until such time as the outstanding payment is made;

5.6 We shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

5.7 Acceptance onto one of our Care Plans does not imply that the boiler, heating system or plumbing system is installed to the relevant standards and we will not accept liability arising from the original design or installation and so make no warranty as to the fitness for purpose.

5.8 We will not be liable for any delays in the supply of parts from our suppliers. We may fit replacement parts that are adequate but not the same as the defective part(s).

5.9 Arranging your Annual Boiler Service – In order to arrange this, the following will apply:

1. each year we will contact you or your Authorised Representative to arrange your service within 1 calendar month of it being due. The service will take place between the months of April to September;

2. we will make 2 attempts to contact you or your Appointed Representative but if we are unable to make contact, you are obliged to contact us directly to make the necessary arrangements. Please note that you will not be refunded where you miss the annual boiler service, and this will not be rolled over into any subsequent contractual periods. 

The annual service will be carried out to statutory requirements and, where available, in accordance with the manufacturer’s recommendations. Subsequent annual services will be carried out on or around the anniversary of the preceding annual service.

5.10 Boiler Care – Where your Plan includes boiler care we will also repair your boiler, boiler parts or heating controls, where we are able to do so and where these are not beyond economical repair. We will supply any available boiler parts required and we will fit any replacement parts or heating controls within the cost of your Care Plan, but the cost of any new heating controls required is not included in any Care Plan.

5.11 Heating system care – Where your plan includes heating system care we will also repair or replace (at our sole discretion) radiators, radiator valves, central heating pipework, header tank and gas pipework (subject to the exclusions contained within this agreement).

5.12 Monitoring

Where your Care Plan includes filter monitoring, the following will apply:

1. you will be asked to download the Adey HomeZone application in order to register your filter. Further, by applying for the Care Plan, you agree that the filter manufacturer may collect monitoring data from your filter, including whether the filter is full of debris and whether the filter has lost connection with the Wi-Fi, (the ‘Filter Data’) and may share the Filter Data with us;

• if you fail to register your monitoring filter in accordance with the instructions included within the filter then we will be unable to provide the services applicable to your monitoring filter as outlined in your Care Plan. It is your responsibility to properly register your monitoring filter and we will not be liable to you for any refunds of any Care Plan Fees paid in respect of your monitoring filter if we are unable to provide the services outlined in your Care Plan, due to your failure to register your monitoring filter;

• we will use the Filter Data to assess whether your filter is transmitting data and whether it requires cleaning. If the Filter Data suggests that the filter has lost connection to the Wi-Fi, we will be unable to continue monitoring the Filter Data for the period of time during which the connection remains broken. If the Filter Data suggests that the filter requires cleaning, we will contact you to arrange to visit your property and to clean the filter. One such visit in each 12 month period is included within the cost of your Plan and should be sufficient to maintain the cleanliness of your system. If additional visits are required, we may recommend cleansing of your system; such cleansing and additional visits would be chargeable over and above the Care Plan Fees;

5.13 Carrying out the Works.

The following will apply (where applicable) to the Care Plans.

1. If we need to access pipes or wires behind built-in units or appliances, we might ask you to arrange for these to be removed before we start work and replaced when we finish. This removal and replacement will be at your own cost and risk;

• If we need to access pipes or wires buried inside a wall, we will make all reasonable efforts to limit mess, and we will make the surface good afterwards to a flat plaster finish;

• If we need to access pipes or wires which are under a floor, we will re-lay any disturbed floorboards but we will not arrange or pay for the re-laying of your carpets or other floor-coverings, or for replacing them if we cannot lift them without damaging them.

5.14 Stopping (Temporarily or Permanently) the Works.

We will be permitted to stop the Services in the following circumstances:

1. if we discover asbestos, infestation or any other health or safety risk at your property we will cease work immediately and will not be obliged to re-commence the Works until we are reasonably satisfied that it is safe for us to do so;

• where Works require us to disconnect the power supply to some or part of your property for a period of time, we will try to give you notice of the disconnection. It will then be your responsibility to ensure that all computer and other sensitive equipment is properly shut down prior to the disconnection, to avoid any damage or loss of data. We will not be responsible for any losses incurred as a result of a planned disconnection where we have made reasonable endeavours to give you notice.

5.15 Recommended Additional works – When we carry out any Works, we may recommend that additional work is carried out to improve the performance of your system, reduce the risk of future malfunctions or ensure continued compliance with current safety regulations. These additional works are not compulsory. However, the safety regulations applying to the use of gas appliances do change quite regularly and we are obliged to implement them. Accordingly, if you choose not to follow our recommendations and we reasonably believe that any of your

products are unsafe, we may be required to disconnect them (with your approval), or notify the National Grid, for your own safety.

5.16 Additional works requested by you – If you need work or repairs carrying out that are not included in your Care Plan(s), we will provide a Quote for parts and labour. There is no obligation to ask us to proceed but if you do, all charges will have to be paid in accordance with the terms of the Quote, and separately and in addition to any charges you pay for your Care Plan.

5.17 All parts we install under the terms of this Agreement will come with the benefit of the Manufacturer’s warranty (and its limitations). 

6. Customer Obligations

6.1 Additional Obligations. In addition to any, and all other obligations within this contract, you shall:

1. ensure that the terms of the order and any information it provides in (in relation to the Goods and Services to be provided) are complete and accurate;

• co-operate with us in all matters relating to the Services;

• provide us, our employees, agents, consultants, and subcontractors, with full and clear access to the location where the Goods and Services are to be supplied and other facilities as reasonably required by the us;

• provide us with such information and materials as we may reasonably require in order to supply the Goods and Services, and ensure that such information is complete and accurate in all material respects;

• obtain and maintain all necessary licences, permissions and consents which may be required for the Goods and Services before the date on which we start; 

• ensure that the room(s) where the Services are to be provided has all furniture and valuables cleared away;

• provide us with access to gas, electricity and water at the property in order to provide our services. You must inform us before arrival if this is not available, so that an alternative date and time can be agreed;

• notify us of anything which may present a hazard or danger to anyone carrying out work in your property;

1. provide us with use of a toilet on site;

• where applicable, keep all materials, equipment, documents, and other property of ours (Supplier Materials) at your premises in safe custody at its own risk, maintain these Goods and Materials in good condition until returned to us, and not dispose of or use the goods and Materials other than in accordance with our written instructions or authorisation;

• comply with all applicable laws, including health and safety laws.

6.2 Customer default. If our performance of any of our obligations under the contract are prevented or delayed by any act or omission by you or your agents, sub-contractors, or employees, or by failure by you to perform any relevant obligation, then:

1. without limiting or affecting any other right or remedy available to it, we shall have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays our performance of any of its obligations;

• we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of your obligations as set out in this Clause 6.2; 

• you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

7. Price and Payment

7.1 The price for the Care plan, will be as detailed within Clause 5.1 of this Agreement and/or detailed in our brochure or on our website and prices quoted are up to date at the point of you agreeing the initial Contract. 

7.2 The Care Plan fees are payable monthly, by way of direct debit, which is set up at the commencement of the policy or annually, payable at inception and on the day of each renewal. All payments are required in full and in cleared funds and time for payment shall be of the essence of the Contract.

7.3 Call outs – the following apply to Call Out Fees:

1. these are payable ‘per incident’. Accordingly, if we need (or you ask us to carry out) Works which are unrelated to those we were called out to deal with, we reserve the right to charge a second Call-Out Fee. We may also have to schedule a repeat visit to deal with the unrelated Works if they are not urgent;

• if we are unable to gain access to the relevant part of your property at the time we have previously agreed with you, or if we reasonably consider that it would be unsafe for us to do so, any Call-Out Fee for that visit will still be payable and we will be entitled to charge a second Call-Out Fee for any re-arranged visit.

7.4 We reserve the right to increase rates at the end of each contractual the period, in accordance with our requirements. In such circumstances, we will provide you with details no less than 30 days prior to the expiry of your current period. 

7.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where applicable, the VAT element of the invoice will be clearly specified and payment of this taxable element, is due at the same point as the Charges are payable.

7.6 If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under Clause 10, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 7.6 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

8. How to discuss your Care Plan

8.1 In order to discuss your Care Plan, you can do so by contacting us in writing, by e-mail or by calling us.

9. Cancelling your Care Plan

9.1 If you wish to cancel your contract with us before it auto renews, you are at liberty to do so providing you do the following:

1. you or your authorised representative (only) notify us of the requested notice of cancellation in writing, by e-mail to info@viking-heating.com at least 30 days’ prior to the renewal date.

9.2 You have rights to end the contract with immediate effect during the contractual period providing us immediate written notice if:

1. we commit a material breach of our obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 7 days, after receipt of notice in writing to do so;

• we take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

• we suspend, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of our business.

9.3 If you cancel during the period of your contract (excluding your right to do so under  Clause 9.2), you will not receive a refund the for any sums paid or if you have not paid in full you will still be liable to pay for the remainder of the 12 month contracted period.

10. Our rights to Cancel your Care Plan

10.1 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving you written notice if:

1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 24 hours of being notified in writing to do so;

• fail to pay any amount due under the Contract on the due date for payment;

• if you threaten or abuse, or allow any other person to threaten or abuse, any of our staff or sub-contractors in any way (verbally or physically) or behave in any other unreasonable manner towards our team. We will not refund you any monies that you have paid in respect of your Care Plan up to that point;

• you take any step or action in connection with entering bankruptcy, administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.

10.2 We may cancel your contract prior to the automatic renewal by giving you 30 days’ notice in writing. 

11.  Consequences of ending your contract  

11.1 What happens if the contract is ended early. On ending the Contract:

1. we may retain any advanced payment (where applicable) you will be liable to pay for any further works and Goods, Products and Materials used/fitted up to the point of termination;

• you will be liable to pay the remainder of the contractual period in full unless you are terminating the contract in accordance with Clause 9.2;

• we shall not be liable to refund any sums paid under the contract unless Clause 9.2, applies. 

11.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

12. Consumer Rights

12.1 Nothing in these terms will affect your legal rights.

12.2 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk  or call 03454 04 05 06.

12.3 If you are a consumer (i.e. not a landlord), you have the right to cancel the Care Plan within 14 days of signing up without giving any reason. To exercise the right to cancel please either email us or write to us at the address set out in your Plan. A cancellation form can be found at the end of this document.

12.4 If you require us to commence any Works within 14 days of commencing the Care Plan, we will require you to complete and sign a waiver that confirms your acknowledgement and acceptance that you are waiving your right to cancel within 14 days.

12.5 If you wish to complain or you are unhappy with the service provided, please contact our customer services team.

13. Our responsibility for loss and damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

13.3 Further limitations of our potential liability to you. Subject to the terms of Clause 13.2, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 

1. loss of profits;

• loss of sales or business;

• loss of agreements or contracts;

• loss of anticipated savings;

• loss of use or corruption of software, data, or information;

• any pre-existing issues due to changes to the system or fixtures and fittings conducted by you or other third parties;

• any non-linked or non-related issues;

• loss of or damage to goodwill; and

1. any indirect or consequential loss.

13.4 Our total liability. Subject to Clause 13.3 our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid under the Contract.

13.5 Exclusion. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

13.6 Claims. All claims against us must be brought within one 1 year after the cause of action arises and you agree to waive any statute of limitations which might apply by operation of law or otherwise.

13.7 This Clause 13 shall survive termination of the Contract.

14.  Data Protection and Data Processing  

14.1 We both acknowledge that for the purposes of General Data Protection Regulation (GDPR), that you are the Data Controller, and we are the Data Processor in respect of any Personal Data.

14.2 We shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised by the you.

14.3 We will take all reasonable measures to ensure they adhere to its obligations under Articles 30 and 32 of GDPR taking into account the information that the Data controller has made available to it.

14.4 We shall take reasonable steps to ensure the reliability of all our employees who have access to the Personal Data.

14.5 We both warrant to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards, and other similar instruments.

14.6 We warrant that, having regard to the state of technological development and the costs of implementing any measures, we will:

1. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:

• the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction, or damage; and

• the nature of the data to be protected. 

• take reasonable steps to ensure compliance with those measures.

14.7 We both agree to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages, or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this Clause 14.

14.8 You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for any claim brought by a Data Subject arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions.

14.9 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, epidemics, pandemics, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

16. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

17. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts. 

18. General

18.1 Jurisdiction – These terms of use are governed by and construed in accordance with the laws of England and Wales. Any dispute which may arise between the parties concerning these terms of use shall be determined by the Scottish Courts and you submit to the exclusive jurisdiction of the Scottish Courts for such purpose. 

18.2 Waiver – A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

18.3 No partnership or agency – Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

18.4 Entire agreement

1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

• Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misrepresentation] based on any statement in the Contract.

• Nothing in this clause shall limit or exclude any liability for fraud.

18.5 Assignment and other dealings

1. We may at any time assign, transfer, subcontract, delegate, or deal in any other manner with any or all of its rights and obligations under the Contract.

• You shall not assign, transfer, subcontract, delegate, or deal in any other manner with any of its rights and obligations under the Contract. 

CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To Viking Heating and Plumbing Limited, 134 London Road, Southborough, Tunbridge Wells, England, TN4 0PLor info@viking-heating.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods and services, Ordered on [*]/received on [*],

Contract number:  [insert contract number) 

Name of customer(s),

Address of customer(s),

Signature of customer(s) (only if this form is notified on paper),

Date 

[*] Delete as appropriate