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Boiler Service - Terms & Conditions

Annual service terms and conditions

  1. Definitions

The Company shall mean Viva Gas Ltd, the customer shall you, the person agreeing to this agreement allowing the company to debit their account, by way of direct debit, credit or debit card for the Annual Service displayed on the website: www.vivagas.co.uk or via direct face to face sales.

1.2 The Annual Service comprises the following –

We will inspect your boiler and controls to make sure they’re working properly.

We will check your boiler for corrosion and leaks.

We will take the casing off your boiler to inspect the main components.

We will check the gas pressure.

We will test the flue to make sure it’s not emitting any unsafe fumes and the seal surrounding this.

We will clean the parts (if tests indicate that there is a requirement for this).

We will ensure the casing is placed back on and check the seals.

We will leave you with a checklist of information about your boiler’s safety.

We will provide a Gas Safe Inspection Certificate confirming the analysis results of the test.

Where appropriate, we will leave a Gas Safe Warning notice if any aspects of the boiler are unsafe.

  1. Price and Payment

2.1 The Fee is inclusive of the labour required to service the appliance and VAT. It does not include parts, should the appliance be found to be faulty.

2.2 The Fee is payable in full by you by credit or debit card at the same time as you place an Order OR via 12 equal monthly instalments pre agreed by credit or debit card.

2.3 The Annual Service will only be carried out once payment has been received in full. If you do not keep up with your payments, we reserve the right to cancel the agreement without giving a refund for the instalments that have been taken.

  1. The Annual Service

3.1 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 perform the Annual Service.

3.2 Our engineers carry a comprehensive range of spare parts with them on each visit. If our engineer finds that the appliance is faulty, you may be given the option to arrange a repair to the appliance. If the appliance is still within the manufacturer’s warranty period, it is likely that this will be free of charge. If the appliance is out of warranty, this repair will be charged at the current standard rate.  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, if you so wish.

3.2(b) Prior to any repair works being undertaken, you will be notified of the costs relating to the repair. The cost will be inclusive of parts and labour for the repair being carried out. Payment must be paid in full prior to the works taking place.

3.3 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.

3.4 If you are unable to allow our engineer to access the Property on the agreed date, you should 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 Annual Service.

3.5 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 and is therefore unable to service the Appliance, we reserve the right to retain an inspection fee of £45 and refund the remainder of the Fee.

3.5(b) It is your responsibility to ensure that the work area is clear and safe, therefore in accordance with this, any potentially dangerous animal within the property is to be prevented from accessing this area. The engineer and Viva Gas Ltd reserve the right to refuse to carry out the Annual Service if the work area is not safe.

3.5(c) We reserve the right to cancel any appointment if we reasonably believe that the health and/or safety of our engineer cannot be guaranteed. We reserve the right to retain an inspection fee of £45 and refund the remainder of the Fee.

3.6 Viva Gas Ltd engineers drive transit-style vans and need to access to their van during the Annual Service to fetch tools and equipment. Engineers must therefore be able to park within a practical distance from the Property – it is the customer’s responsibility to ensure that parking is available. Where this is not possible, it is your responsibility to provide prior notice to Viva Gas Ltd of this in order to reach a practical and pre-agreed solution.

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

3.8 Our engineers will make available their Identification badges and upon request their Gas Safe registration cards should you wish to locate them on the Gas Safe Register.

  1. Guarantee

4.1 We will, free of charge, re-visit an appliance where a problem within the appliance occurs within 12 days of the Annual Service. At this stage we will perform a free of charge diagnostic check only. This guarantee will not apply where a defect arises as a result of:

(i) wilful or accidental damage;

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

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

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

4.2 THE GUARANTEE SET OUT ABOVE DOES 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 guarantee. For further information about your statutory rights please contact your local authority Trading Standards Department or local Citizens Advice Bureau.

  1. Limitations on our Liability

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

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

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

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

5.3 Nothing in these Conditions shall:

(i) 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

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

  1. Events Beyond Our Reasonable Control / Force Majure

6.1 If we are unable to perform any of our obligations under this Contract as a result of any event or circumstance beyond our reasonable control including (without limitation), for example, flood, fire, strikes, lockouts, acts of Government, terrorism and 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.

6.2 We shall use all reasonable efforts to recommence performance of any obligation affected by any such circumstances as soon as reasonably practicable.

 

  1. 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 Annual Service is to be performed in Scotland, this contract shall be governed by and construed in accordance with the laws of Scotland, and both parties agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

7.3 These Conditions can only be amended or varied by written agreement between both parties. In addition, any variations to the conditions, are non transferable to third parties.

7.4 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.

7.5 The commencement date of the agreement will be from the date that the first payment is deducted from your account. Should you wish to choose our 12 month instalment option, subsequent payments will be taken via credit or debit card will be deducted on the same date of each month thereafter.

7.5(b) Should you be aware that a scheduled payment will not be available for deduction, you must contact us immediately in order for an alternative card to be used for payment or in certain circumstances to change the deduction date. Failure to do so could result in the action noted in 2.3 of this agreement.

7.6 All transactions are accepted in GBP currency.

  1. Cancellation

8.1 You reserve the right as a consumer to cancel this agreement within 14 days of signing. If you choose to cancel, you will be refunded your initial payment and confirmation will be provided that no further payments will be deducted from your credit or debit card if you have chosen to pay via 12 instalments.

8.2 To cancel your agreement, please contact us via Customer Service on by e-mail: admin@vivagas.co.uk on 01274 653953, or by post to Viva Gas Ltd, Customer Support, Suite 1, Headway Business Centre, Knowles Lane, Bradford, BD4 9SW.

  1. 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.

  1. 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 by e-mail: admin@vivagas.co.uk on 01274 653953, or by post to Viva Gas Ltd, Customer Support,13a South Hawksworth Street, Ilkley, LS29 9DX.

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If you would like to receive a quote, please fill in the form below. You can also call Viva Gas on 08006 123177 Monday to Friday 9-5pm.

"I couldn't be happier with the boiler installation undertaken by Viva Gas. The installer took great care of my house and were very professional." - G Heaney

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