Ecovision Service Agreement Terms and 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.
Ecovision provide a contact service 365 days of the year, 24 hours a day and have engineers available 365 days of the year between 08:30 and 17:30. If the customer has a problem that relates to the Equipment, Ecovision will endeavour to resolve the problem with the customer over the telephone. If an engineer is required to visit the Property, Ecovision will endeavour to arrange this the same day where it receives the customer’s call before 10:00am or the following day if it receives the customer’s call after this time.
Ecovision will make every effort to complete the Services on time. However, there may be delays due to an event outside of its reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private transport systems). Ecovision shall not be responsible for any delay in or failure to perform its obligations as a result of such an event. 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.
2. Customer Obligations
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 or servicing to the Equipment itself, or allow anyone other than Ecovision or its approved representatives to do so (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.
The customer must report any defect in or malfunction of Equipment to Ecovision within 10 days of discovering the same 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. Limits on Cover and Liability
Ecovision will make good any damage to the customer’s Property caused by Ecovision in the course of performing the Services. However, it shall not be responsible for the cost of redecoration required as a result of the Services, replacing any cupboards or enclosures or repairing any pre-existing faults or damage to the Property that it discovers in the course of performing the Services. 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 manufactured 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.
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.
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) replacement equipment and components outside of warranty and materials associated with service will be charged at the suppliers list price less 15%. (Standard rates, replacement parts are charged at suppliers list price without Service Agreement in place)
(j) the labour costs involved in providing such services outside of warranty or service charge will be charged at an hourly on site rate of £50.00, travel time will be charged at an hourly rate of £25 (travel time as deemed from Ecovision main office) or a day rate of £295.00, whichever is lesser of day rate compared to combined site and travel time. (Standard rates, without Service Agreement in place, are £60, £30 and £350 respectively). 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. The customer confirms that it only uses the Equipment for domestic, private use or for business use 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. 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, agents or subcontractors, for fraud or where it is otherwise not permitted to do so under law. This agreement is for an annual service of the Equipment including all labour and parts specifically associated with the service activity (subject to the other terms of this agreement). The customer is responsible for arranging the time of the annual service with Ecovision. The first service must take place within 12 months of commissioning and the subsequent services must take place within 12 months of the previous service.
4. Commencement, duration and termination of this agreement
This agreement shall become legally binding on the customer and Ecovision on the date on which Ecovision provides the customer with written acceptance of its order (the “Effective Date”) and shall continue unless or until cancelled or terminated in accordance with this section 4. This agreement can be:
(a) cancelled by the customer at any time before the end of 8 working days after the Effective Date. Where the customer cancels this agreement in accordance with this paragraph (a) any monies paid by it to Ecovision shall be returned in full (providing that if the customer has instructed Ecovision to carry out any services prior to cancelling the agreement then the customer shall pay Ecovision’s reasonable costs for providing such services and Ecovision shall be entitled to deduct such fees from any monies paid by the customer). The customer can cancel this agreement during the cancellation period by sending a written request to Ecovision, stating that it wishes to cancel this agreement, either by hand-delivering its written request to Ecovision, or sending it by post (to the address set out in this agreement). If the
customer hand-delivers its written request to the correct address, Ecovision will be deemed to have received it on the day it was left at Ecovision’s address. If the customer sends it by post to the correct address, Ecovision will be deemed to have received it on the day on which it was posted. If the customer does not exercise its right of cancellation, then this agreement will remain legally binding on it until it is otherwise terminated or expires.
(b) terminated by the customer at any time upon providing Ecovision with no less than one month’s notice. The Customer shall only be entitled to a refund of monies paid to it if such fees relate to a 12 month period that has not yet commenced. Because Ecovision spreads its charges for its services over periods of 12 months, it may suffer a loss if this agreement terminates under this section 4(b). Ecovision shall therefore be entitled to charge the customer for its reasonable costs in providing its services to the customer prior to the customer cancelling this agreement in accordance with this section 4(b) (to the extent that the customer has not already paid such costs to Ecovision within that 12 month period). These costs will be limited to the total annual fee that would have otherwise have been payable in the relevant contract year. Ecovision will confirm these costs to the customer in writing and the customer shall be obliged to pay these costs within [30 days] of receipt of Ecovision’s invoice.
(d) terminated by Ecovision at any time if the customer fails to comply with its responsibilities and obligations under this agreement. In such circumstances, Ecovision will notify the customer in writing and give it a period of 14 days in which the customer may rectify its failure before Ecovision actually terminates this agreement. This agreement will terminate automatically if the customer applies (or any joint owner applies) for a bankruptcy order, or a court issues a bankruptcy order against the customer or any joint owner.
If the customer withdraws from this agreement, or the agreement terminates or is cancelled for any reason, Ecovision shall be under no obligation to provide any Services to the customer after the date of withdrawal, termination or cancellation.
All payments shall be made by the customer up front, in full and without any deductions. The rate of interest on late or missed payments shall be 4% per annum above the prevailing standard variable interest rate quoted from time to time by National Westminster Bank. In addition, there will be an administrative charge of £10 for every late or missed payment. If however the customer disputes an invoice in good faith and contacts Ecovision to let Ecovision know promptly after receipt of any request for payment that the customer disputes it, Ecovision will not apply interest on any such genuinely disputed payment for the period of the dispute.
6. Changes to the terms of this agreement
Ecovision may revise any term of this agreement at any time. If it revises any of the terms, it will give the customer at least one month’s notice in writing. If the changes have a material impact upon the customer’s rights or obligations under this agreement, the customer can then choose to cancel this agreement by telling Ecovision at any time within that month. If the customer cancels this agreement under this section, the payment provisions in section 4(b) shall apply.
The Customer may also request changes to the Services by notifying Ecovision in writing. Where this means a change in the total price of the Services, Ecovision will notify the customer of the amended price in writing and the customer can choose whether or not it wishes to accept make such changes (noting that any acceptance will indicate an acceptance of the revised price quoted by Ecovision).
7. Assignment of this agreement
Ecovision shall have the right, at its discretion, to assign its rights in, interest in and obligations arising under this agreement to any third party. It will notify the customer in writing within 28 days of any assignment. The customer may assign its rights under this with Ecovision’s prior consent (which will not be unreasonably withheld where the customer sells the Property and the purchaser of such Property enters into a new agreement with Ecovision on substantively identical terms that are reasonably acceptable to Ecovision on or before the date of completion of the transfer). Any assignment will not affect the terms of this agreement and this agreement shall be binding on, and shall
continue for the benefit of any person to whom any right and/or obligation is assigned in accordance with this agreement.
8. Your statutory rights are not affected
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.
9. How Ecovision will use customers’ information
Ecovision will use the personal information the customer provides it with to provide the Services, process the customer’s payment for such Services and to inform customers about similar products or services that Ecovision provides (the customer can stop receiving such notices at any time by notifying Ecovision).
10. Other terms
This agreement is between the customer and Ecovision. No other person shall have any rights to enforce any of its terms. If Ecovision fails to insist that the customer performs any of its obligations under this agreement, or if Ecovision does not enforce its rights against the customer, or if Ecovision delays in doing so, that will not mean that Ecovision has waived its rights against the customer and will not mean that the customer does not have to comply with those obligations. If Ecovision does waive a default by the customer, it will only do so in writing, and that will not mean that Ecovision will automatically waive any later default by the customer. This agreement shall be governed by the laws of England and Wales, and the customer agrees that any dispute between it and Ecovision will be determined exclusively by the courts of England and Wales. Payments can be made by debit or credit card (a 2.5% transaction fee will apply to credit cards) or by BACS transfer. We will contact you on receipt of this signed agreement to set up your payment.