Terms and conditions
1. OUR AGREEMENT
These terms and conditions (‘Conditions’) apply to the Contract between you and us. Please read them carefully before we carry out the Work.
Words which appear in bold type throughout these Conditions have the meanings which are set out below:-
1.1 “Appliance” means your Boiler, gas fire, gas wall heater, gas water heater, gas cooker or any other gas appliance which is to be serviced, inspected or repaired by us under the Contract.
1.2 "Boiler" means your gas boiler, including all manufacturers fitted components within the gas boiler and its controls.
1.3 “Contract” means the contract between you and us to carry out the Work, which shall include these Conditions.
1.4 “Fixed Price Repair” means repairs carried out by us on your Appliance or System for a fixed price, as described at condition 8.
1.5 “Landlord’s Gas Safety Inspection” means the inspection and servicing carried out by us on your
Appliance or Appliances (as applicable), as described at condition 6.
1.7 "Property" means the domestic residential property where the Work is to be carried out.
1.8 "Price" means the price of the Work as notified to you by us at the time the Contract is made.
1.9 “Quote and Repair” means repairs or remedial work carried out by us on your Appliance or System, as described at condition 9.
1.10 “Service” means a service carried out by us on your Appliance, as described at condition 5.
1.11 ”System” means your central heating system including the Boiler together with the pump, motorised valves, cylinder thermostat, time, temperature and pressure controls, radiators valves, pipe work, hot water cylinder, feed and expansion tank and primary flueing.
1.12 “Repairs” means repairs or remedial work carried out by us on your applicable Appliance or System, either as a Fixed Price Repair or as a Quote and Repair as we shall determine in accordance with these Conditions.
1.13 "we/us/our" means Npower Northern Limited (company number 03432100) whose registered office is at Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB.
1.14 “Work” means the Service and/or the Repairs and/or the Landlord’s Gas Safety Inspection carried out under the Contract.
1.15 “Working Day” means a day other than Saturday, Sunday or a public holiday in England and Wales.
2. THE CONTRACT
2.1 The Contract covers the carrying out of the Work by us in accordance with these Conditions and is made during your telephone call to arrange the Work and upon our acceptance to carry out the Work.
2.2 Before we are able to enter into the Contract with you to carry out the Work, we shall require information about your
Appliance and/or System (as applicable). You shall ensure that the information provided by you is true and correct.
2.3 You agree to pay the Price upon agreement of the Contract. Payments may be made by credit card, debit card or cheque. If you require a receipt please request one.
3. ELIGIBILITY
3.1 To enable us to carry out any Work, the following eligibility criteria shall apply:-
3.1.1 The Appliance and/or System (as applicable) must:-
(a) run on mains supplied natural gas or liquid petroleum gas (LPG) only;
(b) be used for domestic purposes and not used for commercial purposes;
(c) have been installed and maintained according to the manufacturer’s guidelines;
(d) comply with and meet all relevant laws, regulations and standards;
(e) be easily accessible and located in a safe, well lit and well ventilated area;
(f) not exceed 238,850 BTU/HR 70 KW input in relation to any Appliance.
3.1.2 The Boiler must be a domestic conventional boiler, combination boiler or back boiler.
3.2 We are unable to carry out any Work on Appliances or Systems that are situated in mobile homes, detached out-houses, barns, properties owned by Housing Associations or Councils where there is a tenancy agreement in place, properties of four or more stories in height (not including any basement), or in properties used for commercial purposes or any Appliance which service swimming pools.
3.3 We reserve the right to decline to carry out any Work on your Appliance for such reason as we deem reasonably appropriate or where the carrying out of the Work would in our reasonable opinion pose a risk to the engineer’s health and safety or to the health and safety of others.
4. APPOINTMENTS
4.1 We shall agree a date to carry out the Work. Our engineers normally work during the hours of 9am and 5pm Monday to Friday. Any appointment arranged at your request outside of these hours, may incur a charge in addition to the Price.
4.2 All appointment dates and times are subject to availability and may be subject to change. We will do all we reasonably can to meet appointments agreed with you but if we are unable to carry out the Work on the agreed date we will contact you to arrange another appointment.
4.3 If you wish to reschedule an appointment, you must notify us before 4pm on the Working Day prior to the agreed appointment date. In the event that an appointment is rescheduled or cancelled after 4pm on the Working Day prior to the agreed appointment date, we reserve the right to make an additional charge or retain a fair and reasonable proportion of the payment already made by you as a contribution towards any losses or costs that we suffer as a result, subject to your right to cancel as explained at condition 13.1.
4.4 We shall require access to the Property to carry out the Work. If we cannot gain access to the Property on the agreed date we will contact you to arrange another appointment. In the event of more than one failed attempt to gain access to the Property, we may cancel the Contract and shall be entitled to retain a fair and reasonable proportion of the payment already made by you as a contribution towards any losses or costs that we suffer.
5. SERVICE
5.1 Without affecting condition 6.1, this condition 5 shall only apply where the Contract is for the carrying out of a Service.
5.2 We shall carry out the Service at a date and time agreed with you. You agree to pay the Price prior to or at the time of completion of the Work (as we shall require).
5.3 The Price to carry out the Service shall include the call-out charge, labour and value added tax at the current rate at the date of the Service per Appliance. If there are additional Appliances at the Property that you require or need to be serviced which were not originally included in the Price, a further charge will be made. Any additional costs referred to in conditions 4 and 9 and elsewhere in these Conditions shall be in addition to the Price.
5.4 Upon arrival at the Property, the engineer will check to ensure that your Appliance is eligible for a Service (please see condition 3 above). We shall only be able to carry out the Service where your Appliance is in full working order. If the engineer discovers that your Appliance is not eligible for a Service or is not in full working order, we may cancel the Contract and shall refund to you any part of the Price already paid by you, subject to condition 13.4.
5.5 During the Service we shall:-
5.5.1 check your Appliance to ensure that it is operating safely and efficiently;
5.5.2 service, check, clean and adjust your Appliance in accordance with the manufacturer’s instructions and statutory requirements;
5.5.3 advise you of the condition of your Appliance and make recommendations for any remedial work (where appropriate).
5.6 The Service shall not include any repairs or remedial work (or associated parts) that need to be carried out on your
Appliance.
5.7 If before or during the Service, the engineer identifies a fault with your Appliance, we will notify you and may offer you a solution to remedy the fault for an additional charge, in accordance with condition 9.
5.8 If the engineer identifies a fault with your Appliance, we will still complete the Service, so far as possible.
5.9 If we are unable to complete the Service due to the fault, we will arrange for the Service to be completed once the fault has been rectified. If the Service cannot be carried out or you do not wish for the Service to be carried out at this stage, we may cancel the Contract and shall refund to you any part of the Price already paid by you, subject to condition 13.4.
6. LANDLORD’S GAS SAFETY INSPECTION
6.1 This condition 6 shall only apply where the Contract is for the carrying out of a Landlord’s Gas Safety Inspection and the provisions of condition 5 and all references to “Service” set out in condition 5 shall apply to such work, provided that condition 5.5.2 shall not apply to a Landlord’s Gas Safety Inspection.
6.2 As landlord of the Property, it is your responsibility to ensure access to the Property at the date and time agreed with us to carry out the Work. If you cannot be there at the date and time agreed with us, it is your responsibility to ensure your tenant or someone else is available to provide access to the Property. If we are prevented from accessing the Property, clause 4.4 may apply.
6.3 We cannot accept any instruction or authorisation from your tenant (whether on your behalf of not) to carry out any additional work at the Property.
7. REPAIRS
7.1 This condition 7 shall only apply where the Contract is for the carrying out of Repairs and shall be carried out in accordance with condition 8 and/or 9 below.
7.2 We shall carry out the Repairs as soon as possible or at your convenience and/or availability of parts. The Price for the Repairs shall not include the servicing of any Appliance or System.
7.3 Upon arrival at the Property the engineer will check to ensure that the relevant Appliance or System is eligible for the Repairs (please see condition 3 above). If the engineer discovers that your Appliance or System (as applicable) is not eligible for the Repairs, we may cancel the Contract and shall refund to you any part of the Price already paid by you, subject to condition 13.4.
7.4 If we need to order any parts, we may need to arrange further appointment(s) with you to carry out the Repairs.
7.5 We reserve the right to use whatever parts we deem to be appropriate for the Repairs. If the required parts are no longer available, condition 13.2.4 shall apply.
7.6 Parts to be used in the Repairs may be delivered to the Property prior to the relevant appointment date and you must make the necessary arrangements to accept delivery of such parts and take reasonable and proper care of any parts delivered to you. If you cancel your Contract after delivery of parts to the Property, you must make them available for collection by us.
7.7 In addition to the provisions set out in condition 4.3, where an appointment is cancelled by you (with sufficient notice or otherwise) and the parts required to carry out the Repairs have already been ordered, we reserve the right to retain a fair and reasonable proportion of the payment already made by you as a contribution towards any losses or costs that we suffer as a result, unless the cancellation has taken place within your cancellation period. Please see condition 13.1.
8. FIXED PRICE REPAIR
8.1 This condition 8 shall only apply where the Contract is for the carrying out of repairs as a Fixed Price Repair.
8.2 The Price provided to you under the Fixed Price Repair shall include the call-out charge, delivery, labour, parts and value added tax at the current rate at the date of the Repairs up to the value of £600. Any additional costs referred to in condition 4 and elsewhere in these Conditions shall be in addition to the Price. You agree to pay the Price prior to or at the time of completion of the Work (as we shall require)
8.3 If the engineer identifies that the cost of the Repairs (including call-out, delivery, labour, parts and value added tax) required exceed the value of £600 we may provide you with a quotation for the additional work in accordance with condition 9.
8.4 You shall not be entitled to the Fixed Price Repair for any repairs or remedial work to your Appliance and/or System where you have already received a quotation from us or any third party for any repairs or remedial work required to your Appliance and/or System or where our engineer has already inspected your Appliance and/or System, regardless of whether that quotation has expired or not.
8.5 We shall not be able to carry out any repairs or remedial work to the heat exchanger in your Appliance, the hot water cylinder or radiators in your System or any blockages to your System under the Fixed Price Repair, however, we may be able to offer you an alternative repair solution in accordance with condition 9.
9. QUOTE AND REPAIR
9.1 This condition 9 shall only apply where the Contract is for the carrying out of repairs as a Quote and Repair.
9.2 We may provide you with a quotation following attendance at the Property by the engineer where:-
9.2.1 you contracted with us to carry out a Service or Landlord’s Gas Safety Inspection and before or during the Service or Landlord’s Gas Safety Inspection the engineer identifies a fault or recommends the carrying out of remedial works to your
Appliance and/or System;
9.2.2 the Contract is for a Fixed Price Repair and the engineer identifies that the repairs required exceed the value of £600;
9.2.3 the engineer identifies that the Appliance and/or System is not eligible for a Fixed Price Repair;
9.2.4 prior to carrying out any of the Work the engineer identifies upgrading or improvement work which needs to be carried out to ensure that your Appliance and/or System complies with relevant laws, regulations and standards to enable us to carry out the Work; or
9.2.5 you requested a quotation from us to carry out repairs as a Quote and Repair.
9.3 Quotations provided to you under this condition 9 shall include the call-out charge, delivery, labour, parts and value added tax at the current rate at the date of the Repairs. Any additional costs referred to in condition 4 and elsewhere in these Conditions shall be in addition to this quotation. All quotations shall be provided at our discretion in accordance with our current price list at the time of quotation and shall be valid for 30 days.
9.4 If you request us to proceed with the quotation, the additional work specified in the quotation shall form part of the Contract and the cost of such additional work will be due from you prior to or at the time of completion of the Work (as we shall require). For the avoidance of doubt, where we have provided you with a quotation as a result of condition 9.2.2, the total cost of the work shall be the Price of the Fixed Price Repair plus the balance stated on the quotation in excess of £600. We shall not be required to carry out any of the additional work set out in the quotation until payment has been received in full.
9.5 Without affecting condition 5.8 above, if you do not wish to accept the quotation, we shall not be required to carry out any of the Work and may cancel the Contract. If we cancel the Contract in accordance with this condition 9.5, we shall refund to you any part of the Price paid by you, subject to condition 13.4.
10. BEYOND REPAIR
If the fault identified by the engineer reveals that your Appliance or System (as applicable) is beyond repair (economic or otherwise) or where any parts required are no longer available we may cancel the Contract. If you require, we may provide you with a quotation for the installation of a new gas boiler, gas central heating system or other gas appliance as appropriate (subject to availability). If you wish to proceed with such installation you will need to enter into a new contract with us.
Terms and conditions for our installation service are applicable and available upon request by calling 0800 0722 999.
11. UNSAFE SITUATION
11.1 In the event that the engineer considers your Appliance and/or System to be unsafe, they shall attach the appropriate warning label to your Appliance and/or System (as applicable) and shall take reasonable steps and any required by law to make your Appliance and/or System safe. This may include disconnecting any gas supply to your Appliance and/or System and the Property. In this instance we shall notify you of any action taken by the engineer, the relevant safety procedures and what you need to do to make it safe.
11.2 If you smell gas or detect a leak, you should telephone the National Gas Emergency Service immediately on 0800 111 999.
12. GUARANTEE
12.1 The Repairs to your Appliance and/or System (as applicable) shall be guaranteed for 12 months from the date of the Repairs. In the event that parts used during the Repairs are defective, we shall rectify and make good the fault at no additional cost to you, subject to the provisions set out below. We may repair, modify or replace any defective parts at our discretion. No extension will be given to the guarantee period.
12.2 This guarantee will not cover:-
12.2.1 any new faults arising following the Repairs and/or where such faults are not our responsibility. Please see the exclusions set out at condition 17.2;
12.2.2 faults which arise as a result of any failure by you or an appointed third party to follow all relevant laws, regulations and standards and the manufacturer’s instructions or guidelines (including instructions on servicing, repair and maintenance);
12.2.3 design faults;
12.2.4 faults arising from wilful damage caused to or misuse of your Appliance and/or System;
12.2.5 any fault which is a result of fair wear and tear; or
12.2.6 damage or breakage which is accidental, the result of vandalism or caused by intruders.
12.3 Should a fault that is covered by this guarantee occur during the 12 month guarantee period, you should contact us immediately by calling 0845 600 2266 and we shall endeavour to rectify the fault. This guarantee is for your benefit only and is not transferable.
12.4 In the event that following completion of the Work a third party, at your request, (unless authorised by us in advance) carries out repairs or remedial work to your Appliance and/or System (as applicable), we shall not be liable in any event for the cost of such repairs or remedial work under this guarantee or otherwise.
12.5 Any other guarantee or warranty provided by a manufacturer in relation to parts and/or equipment used during the Repairs shall be the responsibility of that manufacturer. The manufacturer’s terms and conditions shall apply.
12.6 Nothing in the guarantee affects your statutory rights as a consumer. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
13. CANCELLATION
13.1 You have the right at any time for a period of 14 days following receipt of these Conditions to cancel the Contract (‘your cancellation period’) unless you have agreed to any part of the Work commencing before the expiration of your cancellation period in which case your cancellation period will end when we commence the Work. If you wish to cancel the Contract please write to us at npower hometeam, Sales Centre, Wear House, Birchwood Drive, Brackenhill Business Park, Peterlee, County Durham, SR8 2RS and provide your full name, address and postcode. If you have cancelled the Contract in accordance with this condition 13.1, we shall refund to you any part of the Price already paid by you.
13.2 In addition to our rights stated elsewhere in these Conditions, we may cancel the Contract if:-
13.2.1 any information you have provided to us is false and/or negligently incorrect and such information affects the carrying out of the Work;
13.2.2 you have failed to pay the Price or any additional amounts payable by you in accordance with these Conditions;
13.2.3 we discover that your Appliance and/or System and/or the Work is not covered by the Contract. Please see condition 3 above;
13.2.4 any parts required to carry out the Work are no longer available or in our reasonable opinion your Appliance and/or System is beyond repair, economically or otherwise;
13.2.5 we are unable to carry out the Work or are prevented from carrying out the Work or a substantial part of it due to something which is beyond your or our reasonable control (including, without limitation, any health and safety issues).
13.3 Without affecting condition 4.4, in the event that we cancel the Contract in accordance with condition 13.2.3, 13.2.4 or 13.2.5, we shall refund to you any part of the Price already paid by you.
13.4 In the event that we cancel the Contract as a result of condition 13.2.1 we shall be entitled to retain a fair and reasonable proportion of the Price already paid by you as a contribution towards any losses or costs that we suffer as a result of such cancellation.
14. ENGINEERS AND SUBCONTRACTORS
14.1 We shall only use engineers to carry out the Work on our behalf who are employed by us or have been approved by us and who are suitably and properly qualified to carry out the Work.
14.2 All engineers will show an identification badge on arrival and if you wish, you may also telephone us on 0845 600 2266 to confirm the engineer’s identity. Calls from BT landlines will be charged up to 5p per minute as at time of going to print. The price of calls may vary with other operators. Please check with your operator for exact charges.
15. OUR RESPONSIBILITY
15.1 We will exercise reasonable care and skill in carrying out the Work and shall make every effort to ensure that the Work and any parts used during the Work will be of satisfactory quality.
15.2 We shall carry out the Work in accordance with all relevant laws and regulations and in accordance with the manufacturer’s instructions and guidelines.
15.3 Following completion of the Work we will:-
15.3.1 at your request provide you with details of the checks and results of all tests carried out during the Work and provide you with a record of the Work and CP6 form or CP12 form or equivalent as appropriate;
15.3.2 update your Appliance’s and/or System’s (as applicable) log book or Benchmark Certificate (if available) to record that the Work has been carried out;
15.3.3 provide any certificates relating to the Work, including electrical certificates, which must be provided to you by law;
15.3.4 leave your Appliance and/or System (as applicable) and its surrounding area in a clean, tidy and safe condition;
15.3.5 remove and dispose of any rubbish or old parts replaced during the Work. If we dispose of your old parts or other materials at your request, we shall not be liable to pay you for them.
16. YOUR RESPONSIBILITY
16.1 It is your responsibility to ensure that:-
16.1.1 all facilities and supplies required to carry out the Work (including the Property's earthing and the supply of gas, water and electricity) are supplied or installed at the Property and are in good working order;
16.1.2 all the necessary consents and permissions required to carry out the Work have been obtained;
16.1.3 your Appliance and/or System (as applicable) is suitable for the Work (including all associated costs);
16.1.4 you have given us all relevant, correct and up to date information to ensure that we are able to carry out the Work;
16.1.5 the Property is safe for us to carry out the Work and to remove any dangerous material from the Property such as asbestos. If any asbestos is removed from the Property you shall provide us with a copy of the clearance certificate. Failure to provide this certificate may cause delays and/or prevent us from carrying out the Work.
17. EXCLUSIONS AND LIABILITY
17.1 We shall not be liable for:-
17.1.1 the cost of replacing your Appliance and/or System;
17.1.2 any costs resulting from your failure to follow the manufacturer’s instructions;
17.1.3 any costs or loss of income that you may incur as a result of any change of appointment date or time;
17.1.4 any costs incurred or suffered by you resulting from the reasonable and lawful actions of the engineer set out in condition 11.1;
17.1.5 the repair or redecoration (and costs associated thereto) of any part of the Property (including its fabric or fixtures and fittings) reasonably affected during the carrying out of the Work;
17.1.6 any cosmetic damage caused to your Appliance and/or System or paint work;
17.2 We shall not be liable for any failure to your Appliance and/or System which occurs:-
17.2.1 following the Work, unless such failure has been caused by our negligence;
17.2.2 as a result of your decision not to carry out any remedial work on your Appliance and/or System, despite our recommendations;
17.2.3 as a result of a factor beyond our reasonable control including (without limitation) any variation to your gas or electricity supply or inadequate water supply.
17.3 We will not accept liability for any losses you incur that:- (i) were not reasonably foreseeable to you and us when the Contract was formed; (ii) were not caused by any default, negligence, act or omission on our part or that of our employees, engineers or subcontractors; (iii) were caused by any default, negligence, act or omission of any party other than us, our employees, engineers or subcontractors or by circumstances beyond our reasonable control; and (iv) are indirect, consequential or business losses (including, without limitation, alternative accommodation costs).
17.4 Nothing in these Conditions affects any statutory rights that you may have or excludes or limits any liability for death or personal injury resulting from our negligence or for fraud or any other liability which cannot be excluded or limited by law.
18. NOTICES
If you need to provide us with written notice in accordance with these Conditions you should send the notice to npower hometeam, Customer Relations Department, Unit 3, Clarke Industrial Estate, Wetmore Road, Burton On Trent, DE14 1QT.
19. OUR RIGHT TO ASSIGN AND SUBCONTRACT
We reserve the right to assign or sub-contract any of our obligations contained in the Contract, including the carrying out of the Work to another provider of similar services provided that we shall not assign our obligations under this Contract if this would prejudice your rights under it.
20. DATA PROTECTON
20.1 We will process your information to enable us to carry out your order and for administration of the Contract (including debt collection), risk assessment, marketing and the offering of any of our group company’s products or services (unless you have notified us that you do not wish to receive such marketing), market research, after sales service including notifying you of when your annual service is due, system testing, analysing your account history and to detect and prevent fraud. Your information may be disclosed to our employees, agents, service providers, group companies and assignees for these purposes.
20.2 We may share your information with the persons mentioned in condition 20.1 and relevant trade bodies (including CORGI) and all other associated bodies who may need to pass this information on to the relevant body to comply with Building Regulations or other regulatory requirements and/or in order to carry out the Work and any after sales service.
20.3 We may search the files of credit reference agencies to carry out credit checks on you and the agencies may record a copy of the search and may share it with other organisations to assist with credit-related decision-making and fraudulent activity.
20.4 We may monitor and/or record your telephone calls for training and security purposes.
21. COMPLAINTS PROCEDURE
We aim to provide you with a high standard of customer service, however if at anytime you are not satisfied with any part of the service that we have provided to you, please contact the npower hometeam Customer Relations Department on 0845 155 0060 or write to us at npower hometeam, Customer Relations Department, Unit 3, Clarke Industrial Estate, Wetmore Road, Burton On Trent, DE14 1QT and we shall do our very best to resolve any problems. Calls from BT landlines will be charged up to 5p per minute as at time of going to print. The price of calls may vary with other operators.
22. GENERAL
22.1 If on any occasion either you or us agrees to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion.
22.2 We may vary these Conditions at any time and shall notify you of such change as soon as reasonably possible. Where the variation is of significant disadvantage to you, you may cancel the Contract by notifying us in writing within 7 Working Days after we have sent you the notification of the variation and we shall refund to you any part of the Price already paid by you. The variation shall not apply to a Contract which has been cancelled.
22.3 Other than yourself, we do not intend that any other person can benefit from the Contract.
22.4 These Conditions and the Contract are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
