Terms & Conditions for 365 Boiler Care - Boiler Care Agreement

These standard terms and conditions cover the 365 Boiler Care service and Complete Boiler Care+1 service provided by Bord Gáis Energy (together, the “Boiler Care Products”, each, the “Boiler Care Product”). The Terms and Conditions applicable to each of the Boiler Care Products are the general provisions set out below together with the additional terms and conditions for the Boiler Care Product that you sign up to with us. Subject to any cooling off period you may be entitled to under Clause 3.4 below, you will be deemed to have accepted these Terms and Conditions from the date that you sign up. It is important you read these terms and conditions carefully, together with your statement confirming the Boiler Care Product you hold, as these form the basis of your agreement with us.

As a Services customer, Bord Gáis Energy Limited is the Controller of your Personal Data. We recommend that you read our Privacy Notice, to understand your data protection rights and how we collect and use your Personal Data. Our Privacy Notices are accessible at www.bordgaisenergy.ie/dataprotection. The Privacy Notice applicable to Services customers is accessible at Services Privacy Notice. The Privacy Notice does not form part of the contract between you and Bord Gáis Energy.

By ‘we’, ‘us’, or ‘our’, we mean Bord Gáis Energy the provider of the Boiler Care Product. By ‘you’ or ‘your’, we mean the person(s) named on your Bord Gáis Energy Services bill as well as the people who normally live in your home, including any tenants.

BY ORDERING THE BOILER CARE PRODUCT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.

1. SUMMARY

1.1 The Boiler Care Product includes in each Contract Year:-

For 365 Boiler Care customers:

a) One (1) Boiler Service;

b) One (1) Boiler Safety Check; and

c) Annual cover for labour and certain replacement parts where required for boiler breakdown (other than any part designated as an Excluded Part) during the term of the Boiler Care Agreement, up to the maximum amount equal to €1,200 (including VAT).

Once the maximum amount of €1,200 (including VAT) has been reached in any Contract Year, you will need to pay any further costs incurred in that Contract Year as provided for at clause 4 below. We will not be responsible for providing or obliged to provide labour or parts with a cost of greater than the maximum amount specified above (calculated at prevailing rates) in any Contract Year.

Complete Boiler Care+1 customers:

a) One (1) Boiler Service;

b) One (1) Boiler Safety Check; and

c) Annual cover for labour during the term of the Boiler Care Agreement, up to the maximum amount equal to €300 (including VAT). The cost of parts is not included in the price you pay for Complete Boiler Care +1. If a part is required to repair the Boiler this will be quoted for separately by our Service Engineer.

Once the maximum amount equal to €300 (including VAT) has been reached within any Contract Year, you will need to pay any further costs incurred in that Contract Year as provided for at clause 4 below. We will not be responsible for providing or obliged to provide labour with a cost of greater than the maximum amount specified above (calculated at prevailing rates) in any Contract Year.

1.2 The price quoted to you online, by email, or over the phone is based on the assumption that the Boiler to be serviced does not exceed 45kW output. The Boiler Care Product is for System Boilers and Standard Boilers and includes service for combination or condensing / high efficiency type boilers.

1.3 The Boiler Care Service Product does not include any of the matters referred to in clause 8 (Return Service).

1.4 We will aim, subject to workloads and labour availability, to give priority in response to any breakdown or failure of the Boiler and to respond to your call within twenty-four (24) hours, unless something beyond our control makes that impossible – in which case we will let you know as soon as possible and give you another time when we can visit. During epidemics or pandemics, we will adhere to Government guidelines concerning restriction of non-essential travel and may have to reschedule your repair or visit until such time as the restrictions have been eased. Where our offices are closed, a facility for leaving a message identifying your address and contact details will be available to facilitate our on-call staff to follow up this report with you.

2. SCOPE OF BOILER CARE PRODUCT

2.1 Your annual Boiler Service

A Service Engineer will carry out a full service of the Boiler in each Contract Year in accordance with the manufacturer’s instructions and/or guidelines as laid down in the current edition of the IS 813. The following is a list of minimum checks and tests we will carry out on the Boiler, where applicable:

check the condition of and permitted location of the appliance and its electrical controls;
inspect flue integrity, suitability, condition, size, route, functionality, terminal, cowl, guard and installation standard;
check ventilation as per manufacturer’s instructions or as outlined in I.S. 813 - ensuring correct location, size, type and source;
conduct electrical safety tests including fuse rating, isolation switch, polarity, earth continuity, resistance to earth, short circuit test, supply voltage;
check accessibility, functionality and condition of isolating valves;
inspect / clean fan unit and evaluate performance and functionality;
inspect / clean heat exchanger as per manufacturer’s instructions;
inspect / clean / adjust main and pilot burners and injectors;
check / clean / adjust ignition and ionisation electrodes;
check flame picture;
check temperature control;
check operation of boiler safety devices;
check appliance gas rating;
conduct burner pressure tests;
sample air intake analysis;
sample flue gas analysis to ensure efficient and safe operation of the appliance;
conduct appliance gas safety tests;
adjustment time and temperature controls as required; and
complete RGII appliance conformance certificate and leave copy with the Customer.

The Service Engineer may decide to conduct other tests and checks reasonably required for specific types of gas boilers.

2.2 Boiler Safety Check

During a Boiler Service Visit, a Service Engineer will check the integrity of the Boiler in accordance with Annex C of I.S. 813.

3. IMPORTANT TERMS OF BOILER CARE AGREEMENT

3.1 Pre-Service Checks

When you apply for the Boiler Care Product, Bord Gáis Energy may run a credit check on you and / or perform a full eligibility check on the Boiler at a time and date agreed with you. If we choose to carry out either or both of these checks and they are satisfactory to Bord Gáis Energy, the Boiler Care Agreement will come into effect from the later of (i) the date that we notify you that the credit check is satisfactory to us (if applicable) or (ii) the date that we notify you that the Boiler is suitable for the Boiler Care Product.

Bord Gáis Energy will not be obliged to carry out a Boiler Service and/or a Boiler Safety Check unless:

a) it is satisfied with your credit check results and/or the full eligibility check on the Boiler, and;

b) has determined to its satisfaction that no Health and Safety issues exist which would result in it being inappropriate, unsafe, or otherwise unsuitable for the Service Engineer to carry out the Boiler Service and/or Boiler Safety Check. For the avoidance of doubt, this will include circumstances where the Service Engineer determines that the Boiler is inaccessible due to the enclosure or compartment it is in.

3.2 Term

The Boiler Care Agreement you enter into with us operates on a continued cover basis, which means it will continue on a rolling basis for a further 12 months from each anniversary of the date the agreement came into effect (as set out in clause 3.1 above) until you give us notice that you do not wish to continue the Boiler Care Product (as provided for in Clause 3.6) or we terminate it (as set out in Clause 3.7). In advance of your Annual Service Date we will send you an Annual Notification with relevant information about booking your annual Boiler Service and highlighting any changes to our fees and charges, where applicable.

If you are a customer who pays by Direct Debit, we will continue to provide you with the Boiler Care Product under the terms of the Boiler Care Agreement every year (and your Direct Debit payment will continue to be taken) unless:

(a) you terminate the Boiler Care Agreement by giving us notice in accordance with clause 3.6, or

(b) we terminate it by giving you notice in accordance with clauses 3.7.

You will be sent an Annual Notification by BGE in advance of your Annual Service Date providing you with up to 49 days to book your annual Boiler Service online. You may be able to book your annual Boiler Service with our Contact Centre up to 3 months after your Annual Service Date. If you do not arrange your annual Boiler Service during this period, your Boiler Care Agreement will automatically terminate at the end of this current Contract Year and you will receive a notification of this termination on the expiry of the current Contract Year, as set out in Clause 3.7 below.

Regardless of your payment method, your continued cover under the Boiler Care Agreement remains subject to a Service Engineer performing a full eligibility check on the Boiler every two years at a time and date agreed with you.

3.3 Your Responsibilities

For the duration of the Boiler Service, Boiler Safety Check or boiler repair, it is your responsibility to:

(a) provide the Service Engineer with safe access to the Property;

(b) where you have a pre-payment meter, ensure that there is sufficient gas in the system; and

(c) to take care in or around areas where work is taking place and to ensure that any children and/or animals in the Property are kept away from any area in close proximity to where work is being carried out or equipment is being stored.

If we are unable to begin or proceed with the Boiler Service, Safety Check or repair due to the circumstances outlined in (a), (b) or (c) above, we may charge you a no access fee equal to €30 and it will be your responsibility to arrange another appointment.

3.4 Cooling-Off Period

You have a right to cancel the Boiler Care Product, without charge at any time prior to the carrying out of the Boiler Service within a 14-day cooling off period after signing up to the Boiler Care Product (or within 30 days for contracts entered into at your Property) by contacting our customer services team (Contact Us - Bord Gáis Energy) unless the Boiler Service and Boiler Safety Check has been carried out with your agreement within the applicable cooling off period.

The cooling off period referred to above applies only to the initial 14 days (or, where applicable, 30 days) after you first sign up to the Boiler Care Product and does not apply on the anniversary of the Boiler Care Agreement where you choose to continue cover for the next Contract Year.

3.5 Cancelling a Boiler Service Visit

You may cancel a Boiler Service Visit without charge at any time up to:

(a) 24 hours before the Boiler Service Visit is due to be carried out by contacting our customer services team (Contact Us - Bord Gáis Energy); or

(b) 48 hours before the Boiler Service Visit is due to be carried out by logging into your online account and choosing to cancel the Boiler Service.

We may charge you a cancellation fee equal to €30 if:

(a) you cancel your appointment outside of the above time limits; or

(b) you fail to cancel the appointment and our Service Engineer is unable to access the Property.

3.6 Termination by you

The Boiler Care Product is initially for a period of 12 months starting on the date of your Boiler Care Agreement. If you choose not to continue with the Boiler Care Product after the initial 12-month period, you can terminate the Boiler Care Agreement by contacting our customer services team (Contact Us - Bord Gáis Energy) prior to the earlier of:-

(a) the anniversary of the date of the first Boiler Service Visit, otherwise known as your Annual Service Date; or

(b) within fourteen (14) days after the date of the Annual Notification.

You may choose to cancel a direct debit payment arrangement at any time by paying the full outstanding amount payable for the Boiler Care Product at that time.

If you choose to terminate the Boiler Care Agreement in accordance with this clause 3.6, Bord Gáis Energy will have no further obligations to you in respect of the Boiler, the Boiler Service under the terms of the Boiler Care Agreement or otherwise.

If you do not terminate the Boiler Care Agreement in accordance with the timeframes set out in this clause 3.6 and have chosen to pay for the Boiler Care Product:

(a) by having the cost charged to your Bord Gáis Energy Services bill, we have the right to charge to your Bord Gáis Energy Services bill after the Annual Service Date the full amount payable for the Boiler Care Product; or

(b) by way of monthly direct debit instalments, we have the right to continue to be paid the relevant monthly instalment for the Boiler Care Product (as set out in the Annual Notification) by way of direct debit from your bank account.

3.7 Termination by us

The Boiler Care Agreement will terminate with immediate effect (except as set out in sub-clause (a) below) and Bord Gais Energy will give you notice of termination in writing if any of the following apply:-

(a) you fail to book a Boiler Services Visit during the period referred to in clause 3.2 above and in your Annual Notification (in such cases, termination will be effective upon the expiry of the then-current Contract Year);

(b) you default in making any payment due to us;

(c) in the opinion of a Service Engineer, there is a Health and Safety issue (which will be reported to you, where relevant) that means it is inappropriate, unsafe or otherwise unsuitable for the Boiler Care Agreement to continue or proceed;

(d) in the opinion of a Service Engineer, your Boiler can no longer be maintained in good working order by the provision of replacement parts or your Boiler is damaged beyond economic repair otherwise than through fault of Bord Gáis Energy; or

(e) any work is carried out on the Boiler, appliance, or system by any other party, other than by a subcontractor acting on our behalf.

Upon termination of the Boiler Care Agreement in accordance with this clause 3.7, Bord Gáis Energy will have no further obligations to you in respect of the Boiler under the terms of the Boiler Care Agreement or otherwise. Any unearned payment made to Bord Gáis Energy under the Boiler Care Agreement prior to its termination under this clause 3.7 will be refunded to you on a pro rata basis.

4. PRICE PAYABLE BY YOU

4.1 Subject to clauses 4.2 and 4.3 below, the annual amount payable by you for the Boiler Care Product will be notified to you online or over the phone when booking your annual Boiler Service Visit. If you choose to continue your cover after the initial 12-month period, the Annual Notification will also set out relevant information about the amount payable for the Boiler Care Product for the forthcoming Contract Year.

4.2 You can check the current rates applicable to the Boiler Care Product and our other boiler servicing products on the Bord Gáis Energy website at www.bordgaisenergy.ie or by calling our customer services team (Contact Us - Bord Gáis Energy). Bord Gáis Energy may vary the charges for the Boiler Care Product from time to time and we will provide you with notice of any changes to our rates in the Annual Notification. However, your price will not change during a Contract Year. The price of the Boiler Care Product and all other prices quoted to you are inclusive of VAT at the prevailing rate from time to time.

4.3 The annual amount you pay for the Boiler Care Product may be subject to an additional administration charge if you choose to pay by monthly direct debit instalments. We will notify you of any additional administration charge at the time you choose your payment method.

4.4 Additional Labour and Parts Cost:

For 365 Boiler Care customers:

In any Contract Year, we will provide labour and certain parts (other than any Excluded Parts) up to the maximum amount equal to €1,200 (including VAT). Once this maximum amount has been reached within a Contract Year, you will be obliged to pay for any excess costs associated with labour and/or parts required. You may need to pay additional charges where during the Boiler Service Visit a Service Engineer identifies component failure or potential failure. If an Excluded Part is required to repair the Boiler the Service Engineer will provide you with a quote and subject to you accepting the quote, you will need to pay for it separately.

For Complete Boiler Care+1 customers:

In any Contract Year, we will provide labour up to the maximum amount equal to €300 (including VAT). Once this maximum amount has been reached within a Contract Year, any further labour costs required will be fully chargeable to you, as set out in clause 4.6 below. The cost of parts is not included in the price you pay for Complete Boiler Care+1. If a part is required to repair the Boiler this will be quoted for separately by our Service Engineer.

4.5 The Boiler Care Product does not cover any of the matters described in clause 8 (Return Visit). If Bord Gáis Energy reasonably determines that any defect or malfunction in respect of the Boiler was the result of any of the matters referred to in clause 8, you must separately pay Bord Gáis Energy in full for all costs associated with the labour and/or parts required to address such a defect or malfunction.

4.6 Where reasonably possible, the Service Engineer will advise you of the nature and cost of any required labour and/or parts outside the scope of the Boiler Care Product. The Service Engineer will provide you with an estimate of the costs for this labour and/ or parts before starting any work on your Boiler or after completing an initial internal inspection of the Boiler. We will only carry out the required work with your agreement. The estimate provided by the Service Engineer is a guide only and is subject to change depending on the amount of time the Service Engineer needs to carry out the required work. We will charge you for any additional required work outside the scope of the Boiler Care Product in 15-minute units. You can check the current applicable rates on the Bord Gáis Energy website or by calling our customer service team (Contact Us - Bord Gáis Energy). Where the Service Engineer is requested to carry out works and/or provide parts outside the scope of the 365 Boiler Care service, those works will be subject to the Boiler Repair Terms and Conditions, a copy of which will be provided to you with the estimate for those works.

5. HOW TO PAY FOR 365 BOILER CARE

5.1 Subject to clauses 5.2 to 5.5 below, you can choose to pay for the Boiler Care Product (and additional labour or parts provided by the Service Engineer) by any of the following methods:

For the Boiler Care Product:

(a) having the cost of the Service charged to your Bord Gáis Energy Services bill (subject to a satisfactory credit check);

(b) paying the cost of the Boiler Care Product by way of monthly direct debit instalments (subject to a satisfactory credit check); or

If any additional labour or parts are required to repair the Boiler the Service Engineer will provide you with a quote and subject to you accepting the quote, you may need to pay in advance by debit or credit card, or may have the option to have the cost charged to your Services bill (subject to a satisfactory credit check).

5.2 We will ask for your payment details and preferred payment method at the time of booking your initial Boiler Service Visit.

5.3 If you choose to pay for the Boiler Care Product by having the cost charged to your Bord Gáis Energy Services bill, you must pay for any work carried out and charged to your Bord Gáis Energy Services bill by the due date set out on the relevant Bord Gáis Energy Services bill.

5.4 If you choose to pay for Boiler Care Product by direct debit instalments you may provide your direct debit instructions by telephone, online or in writing (by completing the Direct Debit Mandate attached to your Bord Gáis Energy Services bill).

5.5. If you choose to pay the price for the Boiler Care Product at the time of booking, we will charge you the amount quoted at that time. However, the Service Engineer may require extra time to carry out the work as set out in clause 4.4 above and/or may need to order additional parts as set out in clause 6.1 below. These additional costs will be notified to you by our Service Engineer who will provide you with a quote and subject to you accepting the quote, you may need to pay in advance by debit or credit card, or may have the option to have the cost charged to your Services bill (subject to a satisfactory credit check).

5.6 If you do not pay us any sum due under the Boiler Care Agreement when due we may charge you a late payment fee equal to 5% of the outstanding amount.

6. PROVISION OF SPARE PARTS

6.1 The Service Engineer may, during the Boiler Service Visit, identify parts or component failure, or potential failure. These will be paid for as follows:

For 365 Boiler Care customers:-

(a) If the part or component is not designated as an Excluded Part (see Annex 1 attached to these Terms and Conditions), the Service Engineer will supply and fit adequate replacement parts or components so longer as those costs do not exceed your annual labour and parts cover of €1,200 (including VAT) for that Contract Year. Parts which are working but are creating a noise nuisance will not be replaced until they fail in service (unless you elect to pay for the replacement of such parts).

(b) If the part or component is specified as an Excluded Part, the Service Engineer will advise you of the cost of replacing those parts and with your agreement, will supply and fit suitable replacement parts or components.

For Complete Care+1 customers:-

(a) The Service Engineer will advise you of the cost of replacement of any such parts or components and with your agreement, will supply and fit adequate replacement parts or components, subject to their availability. Title to the replacement parts and/or components will only pass to you when you have paid Bord Gáis Energy for them.

6.2 Replacement of Central Heating Boiler

The Boiler Care Product does not include repair or replacement of the Boiler or any part thereof in the event of spare parts or components not being reasonably available. If the Boiler cannot be repaired because of the lack of available spare parts or components, the Boiler Care Agreement shall be terminated, and any unearned payment made to Bord Gáis Energy prior to termination under this clause 6.2 will be refunded to you on a pro-rata basis.

6.3 Replacement parts or components may not be the same as the parts being replaced and may not be from the original manufacturer.

6.4 We will not be responsible for any delay in the provision, or unavailability, of spare parts by suppliers or manufacturers.

6.5 Any parts or components which are removed from your Boiler by the Service Engineer will, unless you specify otherwise, be left with you, and not removed from the Property. You should retain this part or component until you are satisfied that the new part or component has eliminated the fault and to allow for re-testing in the event of a further fault arising with your Boiler.

6.6 For the avoidance of doubt, we will not fit replacement parts or components supplied by a person or entity other than by Bord Gáis Energy.

7. DANGEROUS WASTE MATERIAL

Should we find asbestos or other dangerous or potentially dangerous waste materials in or around the Property, you will need to engage a specialist competent contractor to arrange for the removal of such dangerous waste material which is completed to our satisfaction before the Boiler Service and/or Boiler Safety Check may proceed or continue. When you have had all asbestos removed, a certificate from the specialist competent contractor must be provided to us certifying the absence of asbestos exposure risk as referred to in the Safety Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 and 2010 (or any amendment thereof or replacement regulations) before we will do any further work to your Property.

8. RETURN VISIT

8.1 If you have any problems with the Boiler in the 30-day period after the Boiler Service Visit, one of our Service Engineers will call out for a return visit. If during this return visit the Service Engineer identifies a problem with the Boiler, Heating System or Controls that is not related to the Boiler Service previously carried out by Bord Gáis Energy, you will be charged for the time the Service Engineer has spent at your Property identifying the issue. This time will be charged in 15-minute units. You can check the current applicable rates on the Bord Gáis Energy website at www.bordgaisenergy.ie or by calling our customer service team. Please note this will incur a minimum fee of €50. The Service Engineer will also advise you of the cost of the labour and any replacement parts or components necessary to rectify the matter.

8.2 If during this Return Visit, the Service Engineer identifies that the problem is related to the Boiler Service previously carried out by Bord Gáis Energy, there will be no call out charge applied. The Service Engineer will advise you of the cost of the labour and any replacement parts or components necessary to rectify the matter.

8.3 If an issue is identified pursuant to clause 8.1 or clause 8.2 and if you agree, the Service Engineer will fix the issue and you will be charged as follows:-

For 365 Boiler Care customers:-

For the time it takes for the Service Engineer to rectify the matter and for the cost of any necessary parts or components if those costs exceed your annual cover of €1,200 (including VAT) for that Contract Year or the parts required are designated as Excluded Parts.

For Complete Boiler Care+1 customers:-

For the time it takes for the Service Engineer to rectify the matter if it exceeds your annual cover of €300 (including VAT) for that Contract Year and for the cost of any necessary parts or components.

8.4 Time will be charged in 15-minute units. You can check the current applicable rate on the Bord Gáis Energy website at www.bordgaisenergy.ie from time to time.

9. WARRANTIES

9.1 With regard to the Boiler Service, we warrant that:

(a) the Service Engineer has the necessary skill, training, qualification, and experience to carry out the works pursuant to the Boiler Care Agreement;

(b) the Service Engineer will carry out the Boiler Service with due skill, care and diligence PROVIDED ALWAYS that where the Service Engineer has complied with all the manufacturer’s instructions and guidelines in accordance with I.S. 813, the Service Engineer shall be regarded as having met the appropriate standard of skill, care, and diligence; and:

(c) where materials are used for the purposes of the Boiler Service, they will be sound and reasonably fit for the purpose for which they are required.

9.2 In addition to the warranties set out in clauses 9.1 above but subject to clause 9.4 below, we will, within a period of 12 months (unless otherwise specified by the manufacturer) from the date of completion of the Boiler Service, repair or replace free of charge any faulty replacement parts and/or components supplied by us under the Boiler Care Agreement. This will apply only to defects which appear within a period of 12 months (unless otherwise specified by the manufacturer) from the date that the parts and/or components were replaced and provided that any such defect is notified to Bord Gáis Energy in writing within 21 days of the date on which you become or ought reasonably to have become aware of the defect. Your rights under this clause 9.2 are in addition to and not in substitution of your rights at law.

9.3 You represent and warrant to us that:

(a) you have obtained the consent of the owner of the Property to opening an account with Bord Gáis Energy and to Bord Gáis Energy carrying out the works at the Property as set out in this Boiler Care Agreement;

(b) You will comply with the provision of, and perform all of your obligations and exercise all of your rights under this Boiler Care Agreement;

(c) all consents, licences, approvals, and authorisations required in connection with the entry into, performance, validity and enforceability of the Boiler Care Agreement have been obtained and are in full force and effect; and

(d) you will perform your obligations and exercise your rights under the Boiler Care Agreement in accordance with all applicable laws and regulations.

9.4 We will not be responsible or have any liability for:

(a) The following faults or defects or any work required to rectify same (including, for the avoidance of doubt, during the 30 days after the Boiler Service Visit):

(i) any defect or damage occurring from a failure of the electricity, fuel or water supply;

(ii) failure of the pump due to water leaking from the isolating valves or the connecting pipe-work or components;

(iii) any defects or inadequacy attributable to the original design of the central heating system, including but not limited to pitching, sludging of water, limescale formation;

(iv) defects or malfunctions due to faulty materials or workmanship in manufacture

(v) any defect or malfunction which arises as a result of any other cause not due to the neglect or default of Bord Gáis Energy;

(vi) normal wear and tear or any deterioration in the condition, effectiveness or operation of the central heating installation, radiators, pipework or any part thereof as a result of its use or the passing of time;

(vii) any consequential or indirect loss suffered because of water leaks and/or a breakdown of the Boiler and the cost of putting right faults caused by damage or not using the appliance, or of interim supply of heat through other means;

(viii) any defect caused through malicious or wilful action, negligence, misuse or third party interference;

(ix) any defect or damage occasioned by fire, lightning, explosion, flood, storm, tempest, frost, impact or other extraneous cause;

(x) any modification, adjustment or repair to the Installation by a third party;

(xi) any defect or damage or detrimental effect to the appliance due to contamination (including by water, bacteria, sediment or sludge) of fuel or lack of fuel supply;

(xii) any defect or damage or detrimental effect due to the incorrect fuel supply by a third party; and/or

(xiii) any defect or damage or detrimental effect caused as a result of inappropriate condensate discharge including to a septic tank or in contravention of the Water Pollution Acts 1977 to 2007, as amended.

(b) Any loss of gas caused by third party interference.

10. EXCLUSIONS TO THE BOILER CARE PRODUCT

The following are excluded from the Boiler Care Product (including, for the avoidance of doubt, the Boiler Service, the Boiler Safety Check and any return visit):-

(i)Any of the following work:-

(ii)the replacement of decorative parts, casing and body of the Boiler;

(iii)refilling central heating system with water and venting radiator or cylinder circuit;

(iv)de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;

(v)de-sludging of the system;

(vi)any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise;

(vii)work on the fabric of the building or any associated pipe-work on it or buried in it;

(viii)work on any pumps in inaccessible locations; and/or

(ix)work on any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder. The electrical immersion element is specifically excluded.

(x)Any other exclusions that are brought to your attention by us prior to the start of Boiler Care Agreement.

11. ASSIGNMENT

The Boiler Care Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. For business reasons, we have the right to assign or transfer all rights and obligations under the Boiler Care Agreement to any other company or person.

12. CONDITION OF BOILER

12.1 Servicing of a Boiler does not imply that it is manufactured or installed satisfactorily or to the prevailing standards or regulations. We do not accept responsibility for any inadequacy attributable to the original design or installation of the Boiler and make no warranty as to fitness for purpose or condition.

12.2 No responsibility or liability is accepted for the quality or condition of any equipment in the Property, at the time of the Boiler Service (including, without limitation, any equipment (such as the Boiler), pipework, cables, connections, controls, water supply pipes, electrical, flues or chimneys).

13 NOTICE OF HAZARD

13.1 We may issue a Notice of Hazard as per I.S. 813 and / or the manufacturer’s instructions in a number of different circumstances including, without limitation, where, in the opinion of the Service Engineer, (i) Level A: the appliance installation does not conform to standard but is safe to continue to use pending rectification; (ii) Level B: the appliance installation does not conform to standard and is considered unsafe and requires immediate isolation of the appliance pending rectification; (iii) Level C: the complete Installation is unsafe for continued use and requires immediate isolation at the meter pending rectification.

13.2 In circumstances where we have issued a Notice of Hazard where we have not been in a position to fully inspect/test any part of the installation of the Boiler we will not accept any responsibility or liability for the quality or condition of the Boiler and for any loss or damage arising out of or in connection with the issuance of a Notice of Hazard by us.

13.3 Where we have issued a Notice of Hazard identifying remedial action in respect of the Boiler but, in the opinion of the Service Engineer, it is safe to continue with the Boiler Service without you firstly taking the recommended remedial action, it is solely your responsibility to take the recommended remedial action following the Boiler Service. We will, if possible, provide you with an estimate of the likely time required and cost involved to complete the recommended remedial action. It may also be possible to make arrangements with the Service Engineer for this recommended remedial action to be carried out by us at a later date.

13.4 Where, in the opinion of a Service Engineer there is a Health and Safety or non-conformance to standard issue (which will be detailed in the Notice of Hazard where relevant) in respect of the Boiler that means it is inappropriate, unsafe or otherwise unsuitable for the Boiler Care Agreement to continue, we may terminate the Boiler Care Agreement. In such circumstances, we will charge you a cancellation fee equal to €30. We reserve the right to contact the relevant local authority if we consider it necessary in the interest of the Health and Safety of you and/or third parties.

13.5 We are not liable or responsible for any losses, liabilities, costs, penalties, fines, damages, defects or personal injuries arising out of or in connection with your decision not to carry out any remedial work recommended to you in a Notice of Hazard or to take any advice given to you by the Service Engineer and/or notified to you in a Notice of Hazard. You agree to indemnify us and keep us indemnified in respect of any losses, liabilities, costs, penalties, fines, damages, expenses, actions, claims or proceedings arising out of or in connection with any claim brought made or threatened by a third party against us relating to or in connection with your decision not to carry out any remedial work recommended to you by us in a Notice of Hazard or to take any advice given to you by the Service Engineer and/or notified to you in a Notice of Hazard.

14. USE OF SUBCONTRACTORS

We reserve the right to use sub-contractors to carry out all or any part of the works to be provided pursuant to the Boiler Care Agreement.

15 GENERAL LIMITATIONS OF OUR OBLIGATION

15.1 We will not be liable if any work is carried out on the Boiler, appliance or system by any other party, other than by a subcontractor acting on our behalf. Any such action will give us the immediate right to terminate the Boiler Care Agreement. You agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings brought against us and all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on the Boiler, appliance or system by any party other than Bord Gáis Energy without our prior written consent.

15.2 We will not be liable if we, and/or the Service Engineers, are unable to carry out our obligations due to industrial disputes or any other cause outside our reasonable control, including but not limited to Acts of God, explosion, flood, lightning, tempest, frost, inclement weather, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or disorder; act of terrorism, civil emergency, epidemic, pandemic, government mandated rationing or gas or electricity, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental authority, restrictions due to the spread or potential spread of disease among humans or animals, import or export regulations or embargoes; defaults of suppliers or sub-contractors, or any act or omission of any nature whatsoever on the part of the Customer or its agents.

15.3 We will not be liable for any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services under the Boiler Care Agreement.

15.4 We have no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care, except that nothing herein purports to disallow liability for fraud, or liability in the event of the death or personal injury of the Customer (except any personal injury attributable to a person’s decision to set their Boiler below 60 degrees thereby exposing the Customer and/or third parties to the risk of legionella in respect of which you agree to indemnify and keep us indemnified with regard to any claims) attributed to Bord Gáis Energy and nothing herein purports to contract out of the implied undertakings as to quality of service in section 39 of the Sale of Goods and Supply of Services Act 1980.

16. COMPLAINTS PROCEDURE

If you are unhappy with any service or contact that you have with us, you can register your complaint with us in any of the following ways:

(a) by calling our customer service team at 01 611 01 01;

(b) by email to info@bordgais.ie or through our website at www.bordgaisenergy.ie; or

17. ENERGY CREDITS AND AUDITING

You acknowledge and agree that any energy credits attributable to the Boiler Service and Boiler Safety Check will be assigned to Bord Gáis Energy in accordance with the Government of Ireland’s Energy Efficiency Obligation Scheme or any replacement scheme.

Some customer’s homes may be selected for a quality audit to ensure the Boiler Service was carried out to the standards and specifications of the Sustainable Energy Authority of Ireland (“SEAI”). By booking the Service, you agree to permit Bord Gáis Energy, the SEAI or independent auditors working on behalf of the SEAI, to carry out a quality audit of any Boiler Service or Boiler Safety Check carried out at the Property which resulted in energy credits being assigned to Bord Gáis Energy if such an audit is requested.

We will notify you by telephone or email of any such request. All staff carry identification which will be displayed to you on arrival at the Property and you may receive a phone call before arrival to ask some health and safety related questions. We will do our best to ensure, that this quality audit is unobtrusive.

18. QUALITY INSPECTIONS

Bord Gáis Energy may request to carry out random quality audits on the work carried out on your Boiler both during the Boiler Service Visit and after completion of the Boiler Service. Bord Gáis Energy will call you to make this request. All Bord Gáis Energy engineers and supervisors carry identification which will be shown to you on arrival at the Property.

19. GENERAL

19.1 Notices

Any notice sent by ordinary post by either Bord Gáis Energy or Customer to each other will be deemed to have been received two days after the day of posting. Any notice sent by Bord Gáis Energy or the Customer using email w be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

Any notice required or permitted to be given by the Customer may be made in writing addressed to Bord Gáis Energy Services, PO Box 10943, Freepost F4062, Dublin 2 or by email to info@bordgais.ie or such other address or email address as may be provided to the Customer by Bord Gáis Energy from time to time.

19.2 Amendments

We reserve the right to change the Terms and Conditions of the Boiler Care Agreement at any time. We will publish details of any changes on the Bord Gáis Energy website at www.bordgaisenergy.ie as soon as is reasonably possible prior to the changes being introduced.

19.3 No waiver

No forbearance, indulgence or relaxation on the part of Bord Gáis Energy shown or granted to the Customer will in any way affect, diminish, restrict or prejudice the rights or powers of Bord Gáis Energy provided by the Boiler Care Agreement or by law or operate as or be deemed to be a waiver of any breach, right or remedy under the Boiler Care Agreement or provided by law.

19.4 Severance

If at any time any provision of the Boiler Care Agreement (or any part of a provision of it) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:-

(a) the legality, validity or enforceability in that jurisdiction of any other provision of the Boiler Care Agreement (including the remainder of a provision, where only part thereof is or has become illegal, invalid or unenforceable); or

(b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Boiler Care Agreement.

19.5 Governing Law

The Boiler Care Agreement shall be governed by and construed in accordance with the laws of Ireland. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

19.6 Entire Agreement

The Parties acknowledge that the Boiler Care Agreement constitutes the complete agreement between the Parties and supersedes all and any prior understandings, agreements, representations or communications whether written or oral between the Parties relating to the subject matter hereof.

20. GLOSSARY

In these Terms and Conditions:

“365 Boiler Care” means one of the services provided by Bord Gáis Energy as described in clause 1.1;

“Annual Notification” means the annual communication sent by Bord Gáis Energy as set out in clause 3.2;

“Annual Service Date” means the yearly anniversary of the date of the first Boiler Service Visit;

“Boiler” means a boiler on which the Boiler Service is to be carried out;

“Boiler Care Agreement” means the boiler care agreement between you and us which incorporates the Terms and Conditions (as if the Terms and Conditions were set out in full in the Boiler Care Agreement);

“Boiler Safety Check” means a safety check of a boiler as described in clause 2.2;

“Boiler Service” means a service of a boiler as described in clause 2.1;

“Boiler Service Visit” means a call-out by a Service Engineer to perform a Boiler Service and a Boiler Safety Check;

“Bord Gáis Energy”, “us” or “we” means Bord Gáis Energy Limited, a company incorporated in Ireland with registration number 463078 and registered office at 1 Warrington Place, Dublin 2 and where the context so permits unless the contrary intention appears, its authorised agents and subcontractors;"Complete Care+1” means one of the services provided by Bord Gáis Energy as described in clause 1.1;

“Contract Year” means the period of one year starting on the date of your Boiler Care Agreement and each year thereafter starting on the anniversary of such date, until the Boiler Care Agreement is validly terminated;

“Customer” or “you” means the customer(s) who makes the Boiler Care Agreement with us, and includes a person who we reasonably believe is acting with your authority or knowledge;

“Excluded Parts” means those parts designated as excluded from the cover provided by the 365 Boiler Care service and listed in an annex to the Terms and Conditions (each an "Excluded Part");

“Health and Safety” means matters relating to:

(a) the applicable requirements of health and safety legislation in Ireland including, but not limited to, the Safety Health & Welfare at Work Act 2005 (as amended from time to time) and any regulations made thereunder from time to time;

(b) the Building Control Acts 1990 to 2014 and any relevant Building Regulations made thereunder and any Building Regulations Technical Guidance Documents;

(c) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by the National Standards Authority of Ireland and regional requirements for Ireland;

(d) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by ETCI;

(e) system Supplier/Product Manufacturer Instructions and Guidelines; and

(f) all relevant installation standards applicable in Ireland, including, without limitation, I.S. 813; and

(g) industry best practice;

“IS 813:” means the current edition of the Irish Standard 813: for Domestic Gas Installations as laid down by the National Standards Authority of Ireland, as amended or replaced from time to time, and any reference in these Terms and Conditions to a specific provision of I.S. 813 shall be a reference to the current version of that provision as amended or replaced from time to time;

“Notice of Hazard” means a Notice issued to you to advise of a defect of an installation which might affect the safety or persons or property or cause a pollution incident;

"Parties" means us and you;

“Property” means the domestic address at which we will carry out the Boiler Service;

“Service Engineer” means a qualified and experienced engineer engaged by Bord Gáis Energy to carry our boiler servicing and repair works;

"Standard Boiler" means an appliance that contains a domestic central heating boiler only;

"System Boiler” means an appliance that contains a domestic central heating boiler and plumbing components including a circulating pump, expansion vessel and safety valve plus internal piping connecting these devices together;

“Terms and Conditions” means these terms and conditions; and

“VAT” means value added tax at the applicable rate from time to time.

Annex 1

LIST OF SPARE PARTS NOT COVERED BY 365 BOILER CARE SERVICE

Boiler/Central Heating System Parts

Circulating pump external to Boiler
Expansion vessels external to Boiler
Safety valve & pressure gauge external to Boiler
Hot water storage cylinder
Cold water storage tank and filling loop
External time clock
Heat exchanger
Motorised Valves
Non return or gate valves
Filling loops & valves
Radiator valves
Magnetic filter
System pipework
Flue pipes & ducts
Parts which are working but creating a noise nuisance will not be replaced until they fail in service.