Service & Repairs Terms & Conditions
This agreement covers terms on which Ecovision Systems Limited (“Ecovision”) shall supply maintenance services to the customer set out below (“the customer”). Ecovision shall repair or replace (at its choosing) the equipment and associated parts and controls fitted or installed by Ecovision set out above (“the Equipment”) in the manner set out below where any such Equipment is found to be defective or to have malfunctioned, but shall not maintain, repair or replace any of the emitters or controls or distribution pipe work away from and including the connections to such equipment.
1.1 The quotation is valid for a period of 30 days from the date indicated.
1.2 Ecovision will make every effort to complete the Services in the agreed time. However, there may be delays due to an event outside of its reasonable control (see section 4). If Ecovision is prevented from carrying out the Services due to an event outside of its reasonable control it will notify the customer as soon as reasonably possible and its obligations under this agreement will be suspended for the duration of the event in question. Ecovision will restart the Services as soon as reasonably possible after the event outside its reasonable control is over. The customer may cancel the agreement if such an event takes place for longer than fourteen days and it no longer wishes Ecovision to provide the Services. For cancellation charges see section 5.1.
1.3 This agreement is for a Service or Repair of the Equipment including all labour and parts specifically associated with the service activity (subject to the other terms of this agreement). Additional repairs and Glycol are outside the scope of Service and are chargeable.
2 CUSTOMER OBLIGATIONS
2.1 The customer must:
(a) operate, use and care for the Equipment and any accessories in accordance with any written and/or verbal instructions provided to it by Ecovision or any other installer when the Equipment was first installed;
(b) allow Ecovision sufficient access to any property or site at which the Equipment is located (“the Property”) in order to carry out its obligations under this agreement,
(c) not replace, relocate or carry out maintenance to the Equipment itself during the warranty period, other than by Ecovision or its approved representatives (unless, having had the opportunity to carry out such work Ecovision consents to the customer using another party, such consent not to be unreasonably withheld or delayed),
(d) ensure the Equipment is operated only by competent adults,
(e) be responsible for maintaining all pipe work, radiators and other parts of the system at the Property other than the Equipment.
2.2 During the warranty period, the customer must report any defect in or malfunction of Equipment to Ecovision within 14 days of discovering and must not instruct or allow any other person to repair, replace or correct such Equipment until it has given Ecovision the opportunity to inspect and repair, replace or maintain such item.
3.1 Service and Repairs will (as applicable) be carried out at an agreed date and time, Monday to Friday excluding bank/public holidays and will be subject to our workforce and subcontractor availability.
3.1.2 Once payment has been received we will book a service or repair for the next available date or according to the customers preference. We will arrange dates directly with the customer.
3.1.3 Please note that breakdown calls will be treated as a priority over annual service and lower priority repair calls.
3.2 To arrange any appointments with you, we may contact you by phone, email, letter or SMS text message.
3.3 If you will not be able to keep an agreed appointment for any reason, you should contact us as soon as possible to make a new appointment.
3.4 Where we have agreed an appointment window with you, we will make every effort to arrive on time. Where we are delayed for reasons outside our control, we will contact you as soon as possible to advise you of the delay and to arrange an alternative time and/or date suitable for you.
3.5 You must provide us with reasonable access to your premises to allow us to carry out the services. If we do not obtain access to your premises we will tell you and arrange another appointment. If you do not give us reasonable notice of no access, you may be charged.
3.6 Access to the premises must be provided by an adult of a minimum of 16 years of age where the premises are in Scotland, or 18 years of age where the premises are in England or Wales. If we do not obtain access on at least two occasions, or if you do not respond to reasonable attempts to contact you, we will consider the appointment cancelled. For cancellation charges see section 5.1.We also reserve the right to cancel the contract, and will notify you if we do so.
3.7 We will not be liable for any loss that you suffer because you have delayed or failed to make arrangements for us to access your system to provide our services, or for any other delay or failure to provide our services because of circumstances beyond our reasonable control.
3.8 We may be unable to meet these timescales due to circumstances which impact on our workforce availability including, but not limited to, adverse weather conditions and excessive increases in emergency breakdown volumes, and we may need to rearrange any planned appointment with you on giving you reasonable notice. We will not be liable to you for the consequences of any delay in these circumstances.
4 LIMITS ON COVER AND LIABILITY
4.1 Ecovision shall not, as part of the Services, be required to repair the Equipment (and shall not be required to fit any new or replacement parts) where the need to repair is caused by any of the following:
(a) a defect in the manufacturer’s design of or faulty materials or workmanship in the manufacture and/or installation of the Equipment (other than any Equipment installed by or on behalf of Ecovision);
(b) any maintenance, alteration, modification or adjustment performed by anyone other than Ecovision to the Equipment during the term of this agreement (or prior to it) unless the same is permitted under this agreement;
(c) the neglect or misuse of the Equipment;
(d) any failure by the customer to comply with its obligations under this agreement;
(e) defects and/or malfunction arising due to lack of power or water, water contamination, scale formation or air.
4.1.2 The following are also excluded from the Services:
(f) any repairs or replacements to any parts that do not affect how the Equipment works, or decorative repairs;
(g) any upgrades which the customer may want to have carried out to improve the Equipment (save where explicitly agreed by Ecovision); and
(h) any repairs or replacements that fall outside of the manufacturer’s warranties or Ecovision’s original installer warranties.
4.1.3 Where Ecovision agrees to repair or replace the Equipment despite not being required to do so under this agreement it shall have the right to charge such additional charges (provided that such costs have been agreed with the customer beforehand and Ecovision takes all reasonable steps to minimise any such costs). Where the manufacturer warranties are not in effect or have lapsed then:
(i) the labour costs involved in providing such services outside of warranty or service charge will be charged at an hourly on site rate, travel time (travel time as deemed from Ecovision main office) or a day rate. These costs will be confirmed with the customer and will be charged at whichever is lesser of day rate compared to combined site and travel time.
4.2 If Ecovision fails to comply with this agreement, or fails to perform the Services to a reasonable standard, it shall be responsible for any loss or damage the customer suffers that is a foreseeable result of Ecovision’s failure or negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Ecovision’s breach or if it was contemplated by both the customer and Ecovision at the time the parties entered into this agreement.
4.3 The customer confirms that it only uses the Equipment as per design and agrees that Ecovision shall have no liability to the customer for any loss of profit, business, or opportunity, or business interruption.
4.4 Ecovision does not exclude or limit in any way its liability for death or personal injury caused by its negligence or the negligence of its employees,
Ecovision Systems Ltd., Ecovision House, Kemble Airfield Enterprise Park, Cirencester, Gloucestershire, GL7 6BQ Tel.: 01666 501580 | www.ecovisionsystems.co.uk
agents or subcontractors, for fraud or where it is otherwise not permitted to do so under law.
4.5 If we fail to comply with any term of the contract, or are negligent, you may be entitled under the general law to recover compensation from us for any loss or damage you have suffered. However, we will not be required to compensate you for loss or damage caused by anything beyond our reasonable control, or for any loss or damage which is not reasonably foreseeable as a consequence of the breach of the contract, other than where you are entitled to recover compensation for such loss or damage under the general law in relation to death, personal injury or fraudulent misrepresentation.
Damage to Property
4.6 We are not legally responsible or liable to you for:
(i) any damage to other property that is caused by a fault in your boiler
(for example, but without limitation, where
the boiler leaks and caused water damage to carpets); and/or
(ii) any redecoration or repair/replacement of any fixtures and fittings, surface or floor coverings required as a result of us attending at your premises and/or carrying out any work. Such matters are your responsibility, unless directly caused by our negligence in providing the relevant Product to you, or by us breaching the contract.
Health and Safety
4.7 We will not carry out any work at the premises:
(i) where there is a health and safety risk and/ or
(ii) where there is any other risk to the safety, security and/or wellbeing of any our staff or contractors (including, but not limited to, where there is any threatening or aggressive behaviour towards our staff or contractors).
4.8 Work at the premises cannot be carried out unless and until we are satisfied that the relevant risk has been removed. A health and safety risk may include, for example, risk of physical danger to our employees or contractors or presence of hazardous materials (including, but not limited to, asbestos) on the premises.
5 COMMENCEMENT, DURATION, AND TERMINATION OF THIS AGREEMENT
5.1 Unless we have broken the Terms stated in this document or at the discretion of a manager, cancellations will incur a £25 administration fee.
5.2 If you have a scheduled service, you must give us cancellation notice at least 24 hours prior to the appointment. Failure to do so will result in the charge for cancellation as stated in section 5.1
6.1 All payments shall be made by the customer up front, in full and without any deductions. A service will not be booked until this has been received. If upon attending a customers address further maintenance is required or repair is needed not covered under a standard service, the will be separately quoted for further works on the day of service or quoted for a future visit.
6.2 All prices quoted for a service are inclusive of materials and labour required for a service, plus 20% VAT unless otherwise stated on the quotation.
7.1 All promotional activities we run are bound by the Terms set in this document. Any further terms relating to a specific promotion will be clearly explained on promotional material. For example, if you sign up to a 3 or 5-year service deal, giving you a discount off an annual services and default on the agreement, the difference between the full cost of the service will be applied to the service years already taken and will be charged.
8 PREMIUM SERVICE
8.1 The Premium Service is bound to the Terms set out in this document. The Premium Service entitles the customer to 1 year technical telephone support with a Senior Technical Support Engineer.
8.2 Telephone support is available Monday-Friday, 9am-5pm by calling Ecovision on 01666 501589. Technical support is arranged by Ecovision and you must call us to start the process.
8.3 After the initial call to the office the customer should receive a response within 8 working hours from a Technical Engineer subject to section 8.4.
8.4 If Ecovision is prevented from carrying out technical telephone support due to an event outside of its reasonable control (see section 3.8) it will notify the customer as soon as reasonably possible.
8.5 If a problem cannot be fixed through the technical phone support, Ecovision will make recommendations to the customer on how to fix the issue.
9 CHANGES TO THE TERMS OF THIS AGREEMENT
9.1 We may make changes to the terms and conditions of this contract at any time (a) if we are required to do so by any court or competent authority, or we need to do so to reflect any change in the law or relevant industry guidance or codes of practice and/or (b) for any other reason, provided that such change is not to your disadvantage.
9.2 Where this means a change in the total price of the Services, Ecovision will notify the customer of the amended price in writing.
10 YOUR STATUTORY RIGHTS ARE NOT AFFECTED
10.1 As a consumer, the customer has legal rights in relation to Services not carried out with reasonable skill and care, or if the materials Ecovision use are faulty or not as described. Advice about customers’ legal rights is available from its local Citizens’ Advice Bureau or Trading Standards office. Nothing in this agreement will affect these legal rights.
11 HOW ECOVISION WILL USE CUSTOMERS’ INFORMATION
11.1 Ecovision will use the personal information the customer provides it with to provide the Services and process the customer’s payment for such Services.
11.3 We need to store and process the personal information provided in this contract to fulfil our contract with you. You have the right to request a copy of all personal data we hold on you or amend this data at any time.
11.4 To fulfil your contract, we may need to give your name, home address and contact details (phone and/or email) to our approved subcontractors to assist in carrying out the work. Your details will only
be held on their system for as long as necessary and they will not forward on your personal details to third parties without your permission.
11.5 We do not store your payment details. Card payment is processed securely by Sage Pay, whilst BACS or cheque payments are processed by banks. We may pass your personal information to credit reference agencies which may keep a record of any search. We will not give your data to any other third party.
11.6 If you consent to receive our marketing messages we will send you relevant emails detailing Ecovision news, service and product information and industry tips. You may unsubscribe or change your preferences at any time by clicking the link on our emails or by contacting us via phone, email or letter. Stopping or not signing up to marketing messages will not stop service communications (such as order updates or service reminders).
12 OTHER TERMS
12.1 This agreement is between the customer and Ecovision. No other person shall have any rights to enforce any of its terms.
12.2 New warranties are not included with Services.
12.3 This agreement is governed by English law and the English courts or by the law and the courts governing where your property is if this is outside England or Wales.