Terms & Conditions for 365 Boiler Care - Boiler Care Agreement

These are our standard terms and conditions for 365 Boiler Care. As a Services customer, you will be deemed to have accepted this contract from the date that you sign up. 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. All of our Privacy Notices are located at www.bordgaisenergy.ie/dataprotection. The Privacy Notice which applies to Services customers is located at www.bordgaisenergy.ie/docs/DataProtection/HomeCarePrivacyNotice.pdf

The Privacy Notice does not form part of the contract between you and Bord Gáis Energy Limited.

BY ORDERING THE 365 BOILER CARE SERVICE YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.

1. 365 BOILER CARE

1.1 The 365 Boiler Care service includes one Boiler Service and one Boiler Safety Check (as described in clauses 2.1 and 2.2 respectively) and labour and certain parts* in the case of breakdown of the Boiler for each Contract Year during the term of the Boiler Care Agreement, up to a maximum of €1,200 (including VAT) worth of parts and labour in any Contract Year. No charge will be made in respect of parts, other than those parts listed in the table of Excluded Parts annexed to these Terms and Conditions, including the replacement of the pump inside the System Boiler or labour for call-outs or repairing a reported fault on your Boiler up to a maximum of €1,200 (including VAT) during each Contract Year. * Parts listed in the table at Annex 1 to these Terms and Conditions are not covered by 365 Boiler Care. It is important that you read this table to inform yourself of those parts that are excluded from 365 Boiler Care. Parts which are working but creating a noise nuisance will not be replaced until they fail in service.

1.2 Once the amount of €1,200 has been reached within any Contract Year, any further costs incurred in that Contract Year will be fully chargeable to you in accordance with clause 4 below. We shall not be responsible for providing or obliged to provide any parts or labour with a cost of greater than €1,200 (calculated at prevailing rates), including VAT, in any Contract Year. If a part which is included in Annex 1 is required to repair the Boiler this will be quoted for separately.

1.3 The price quoted to you online, on the phone, or by our door-to-door salespeople is for the service of a central heating boiler that does not exceed 45kW output. 365 Boiler Care is for System Boilers and Standard Boilers and includes combination or condensing / high efficiency type boilers.

1.4 365 Boiler Care does not include any of the matters referred to in clause 8.

1.5 We will endeavour, subject to workloads and labour availability, to give priority in response to any breakdown or failure of the central heating boiler and to respond to a call within twenty four (24) hours. 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 SERVICE

2.1 Boiler Service

A Service Engineer will carry out a full service on the Boiler in accordance with the manufacturer’s instructions and/or guidelines as laid down in the current edition of the Irish Standard 813 (“I.S. 813”) (the “Boiler Service”). 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 conduct such other tests and checks as they may determine are 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 (the “Boiler Safety Check”).

3. TERM OF BOILER CARE AGREEMENT AND TERMINATION

3.1 Term and renewal

Your Boiler Care Agreement provides for a Boiler Service and Boiler Safety Check. It also includes up to €1,200 (including VAT) worth of labour and certain parts (save for those as set out in Annex 1) in the case of a breakdown of the Boiler for each Contract Year during the term of the Boiler Care Agreement. If you are a customer who pays by Direct Debit, the Boiler Care Agreement will automatically renew from year to year (and your Direct Debit payment will continue to be taken)from the date on which the Boiler Care Agreement comes into effect in accordance with clause 3.2, unless (i) you terminate it by giving us notice in accordance with clause 3.6, or (ii) we terminate it by giving you notice in accordance with clauses 3.8 or 3.9 (whichever is earlier). If you did not choose to pay Bord Gáis Energy by Direct Debit, you may renew your Boiler Care Agreement by contacting us at the end of your Boiler Care Agreement. Bord Gáis Energy may increase the charges for 365 Boiler Care from time to time provided that notice of the new charge rate is included in the letter of notification reminding you of your annual Boiler Service Visit as set out in Clause 3.5

3.2 Commencement

When you order 365 Boiler Care, Bord Gáis Energy may run a credit check against you and 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 or (ii) the date that we notify you that the Boiler is suitable for 365 Boiler Care.. Upon termination of the Boiler Care Agreement, Bord Gáis Energy will have no further obligations to you in respect of the Boiler or otherwise under the terms of the Boiler Care Agreement.

Where the credit check and/or the full eligibility check on the Boiler are satisfactory to Bord Gáis Energy, the Service Engineer will carry out the Boiler Service and/or Boiler Safety Check. Bord Gáis Energy will not be obliged to commence or continue a Boiler Service and/or Boiler Safety Check unless it is satisfied with your credit check results and/or the full eligibility check on the Boiler, and that no Health and Safety issue exists which would mean it would be inappropriate, unsafe or otherwise unsuitable for the Boiler Service and/or Boiler Safety Check to commence or continue. For the avoidance of doubt, this will include circumstances where Bord Gáis Energy determines that the Boiler is inaccessible, due to the enclosure or compartment in which it is located, so as to impede the Service Engineer commencing or continuing with the Boiler Service and/or Boiler Safety Check. Please see clause 15 for further information.

In circumstances where we determine that we are not in a position to commence or continue the Boiler Service and/or Boiler Safety Check due to a Health and Safety issue, we may charge you a cancellation fee equal to €30. Boiler Service Visits will be conducted during normal working hours (8am to 8pm Monday to Friday and 8am to 6pm on Saturdays excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the Parties.

3.3 Your Responsibilities

It is your responsibility to provide the Service Engineer with the necessary access to the Property at the time of our appointment(s) to carry out the Boiler Service and/or Boiler Safety Check. If we are not able to gain access to your Property at the time of any appointment, because you are not available to provide access we will not be able to carry out the Boiler Service and/or the Boiler Safety Check and it is your responsibility to arrange another appointment.

If we are not able to gain access to your Property at the time of an appointment, we may charge you a no access fee equal to €30. You are also responsible for making sure that (a) we can safely access your Property, which includes providing safe access to your Boiler; and (b) there is sufficient gas in the system to allow the Boiler Service and Safety Check to be completed (applicable to pre- pay meters only). In circumstances where we are not in a position to proceed with the Boiler Service and Safety Check due to (a) or (b), we will inform you of this and charge you a fee equal to €30.

It is also your responsibility to take care in or around areas where work is taking place during a Boiler Service Visit and to ensure that any children or animals in the Property are kept away from any area where work is being carried out or equipment is being stored and all areas in between.

3.4 Cancellation

(i) You may cancel your Boiler Care Agreement without charge and without cause:-

• within fourteen (14) days of first signing up online or on the phone; or

• within thirty (30) days of first signing up via one of our doorstep sales agents (the “Cooling Off Period”).

(ii) You may cancel your Boiler Care Service:-

• without charge:

up to 24 hours before the Boiler Service Visit by calling our customer service representatives on 01 611 0101 or by email to homecare@bordgais.ie.
up to 48 hours before the Boiler Service Visit by logging into your online account and cancelling

The Boiler Service Visit may be rescheduled by you at the time of cancelling it, or at a later date during the term of the Boiler Care Agreement, to a new date and time agreed with us.

• If you cancel less than 24 hours before the time of the Boiler Service Visit, or if the Service Engineer cannot access your Property to carry out the Boiler Safety Check and/or Boiler Service at and on the agreed time and day, we will charge you a cancellation fee equal to €30 (the “Cancellation Fee”).

• You will not be charged the Cancellation Fee if you cancel with less than 24 hours’ notice during the Cooling Off Period.

• If your Boiler Service and/or Boiler Safety Check has already been carried out with your agreement before the expiration of the Cooling Off Period you will be responsible for payment of the price as notified to you in accordance with clause 4.1.

Please note, this is a contract which renews from year to year as set out in clause 3.1. Therefore the “Cooling Off” period referenced in clause 3.4 (i) above does not apply to each year of the Boiler Care Agreement and only applies to the initial 14 days days after you first sign up to Complete Boiler Care +1 online or on the phone or 30 days if signed up by door to door salesperson. You can still cancel your Boiler Service Visit without charge in accordance with clause 3.4 (ii) above.

If you cancel your appointment outside of the above time limits, we may charge you a cancellation fee of €30. You will also be charged a fee if you do not cancel and our Service Engineer cannot access your Property on the agreed time and day of the appointment.

3.5 Annual Notification

You will be sent a renewal notification annually by Bord Gáis Energy. If you are a Direct Debit customer, you will be provided with a three-month period during which a Boiler Service appointment can be arranged. If you do not arrange the annual Boiler Service during this three-month 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 3.8 below. If you wish to renew your 365 Boiler Care in circumstances where you have not had a Boiler Service in the preceding 12 calendar months, you will need to arrange for a Boiler Service Visit so that Bord Gáis Energy can set up a new Boiler Care Agreement for you, and cover for your Boiler will only be effective from the commencement date of the new Boiler Care Agreement.

3.6 Termination

If you no longer wish to have your Boiler serviced by Bord Gáis Energy after the initial term of the Boiler Care Agreement, you may terminate the Boiler Care Agreement:

(a) by calling our customer service representatives on 01 611 01 01; or
(b) by electronic mail to homecare@bordgais.ie

but in either case, prior to the earlier of:

(i) the Annual Service Date; or
(ii) within fourteen (14) days after the date of the Annual Notification.

3.7 If you fail to terminate the Boiler Care Agreement in accordance with clause 3.6:

(a) where you have chosen to pay for 365 Boiler Care 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 365 Boiler Care (as set out at www.bordgaisenergy.ie; or
(b) where you have chosen to pay for 365 Boiler Care by way of monthly direct debit instalments, we have the right to continue to be paid the relevant monthly instalment for 365 Boiler Care (as set out in the Annual Notification) by way of direct debit from your bank account.

3.8 We shall be entitled to terminate the Boiler Care Agreement or to offer you a reduced level of cover on your Boiler, at any time by giving you notice in writing (such termination to be effective immediately, save as set out in sub-clause (a) below) if:

(a) you fail to book a Boiler Services Visit during the three-month period mentioned in clause 3.5 above and in your annual notification, (in this sub-clause 3.8(a) only, such termination shall 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; or
(d) in the opinion of a Service Engineer, your Boiler can no longer be maintained in good working order by the provision of replacement spare parts or your Boiler is damaged beyond economic repair otherwise than through default of Bord Gáis Energy.

3.9 We shall otherwise be entitled to terminate the Boiler Care Agreement at any time without reason by giving you seven (7) days’ notice.

3.10 Upon termination of the Boiler Care Agreement in accordance with clause 3.8 or 3.9, Bord Gáis Energy will have no further obligations to you in respect of the Boiler or otherwise under the terms of the Boiler Care Agreement. Any unearned payment made to Bord Gáis Energy under the Boiler Care Agreement prior to its termination under clause 3.9 will be refunded to you on a pro rata basis.

4. PRICE PAYABLE BY YOU

4.1 Subject to clauses 4.2 to 4.4 below, the annual amount payable by you for 365 Boiler Care +1 will be notified to you online or over the phone when booking your Annual Boiler Service Visit . The cost of any parts listed in the table of Excluded Parts that may be required will be charged to you separately and will not be included in the price of 365 Boiler Care. You can check the current rates applicable to 365 Boiler Care and our other boiler servicing products on the Bord Gáis Energy website at www.bordgaisenergy.ie or by calling our customer service representatives on 01 611 01 01. The price of 365 Boiler Care and all other prices quoted to you are inclusive of VAT at the applicable rate from time to time.

4.2 The annual amount you pay may be subject to an additional administration charge in the event that you choose to pay for 365 Boiler Care by way of monthly direct debit instalments. We will notify you of any additional administration charge at the time you choose your payment method.

4.3 Additional Labour Cost: In any one (1) Contract Year, we will provide labour and parts, other than those parts listed in the table of Excluded Parts, up to a maximum cost of €1,200 (calculated at prevailing rates) including VAT. Once this amount has been reached within a Contract Year, any further labour costs and/or parts required will be fully chargeable to you as set out in clause 4.6 below.

4.4 365 Boiler Care does not apply to any of the matters described in clause 8. 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, then you must separately pay Bord Gáis Energy in full for all labour and/or parts costs at the applicable rates, in respect of work undertaken to address such a defect or malfunction.

4.5 The 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 365 Boiler Care (which includes labour referred to at clause 4.4) and will provide you with an estimate of the costs of the required labour prior to commencing any work on your Boiler or once the Boiler has been initially internally inspected and will only then proceed with your agreement. Please note the estimate is a guide only and is subject to change depending on the amount of time required by the Service Engineer to carry out the required work. We will charge you for any additional required labour outside the scope of 365 Boiler Care 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 representatives on 01 611 01 01. Please Note additional charges may also apply in instances where a Service Engineer identifies parts or component failure or potential failure during the Boiler Service Visit as set out in clause 6.1.

4.6 If you agree to have the Service Engineer replace additional parts or components which are listed in the table of Excluded Parts (in accordance with clause 6 below), you will also be charged for the costs of such replacement parts or components.

5. PAYMENT TERMS

5.1 Subject to clauses 5.2 to 5.5 below, you may pay for 365 Boiler Care (and any additional labour or parts provided by the Service Engineer with your prior agreement) by any of the following methods:

(a) having the cost of 365 Boiler Care charged to your Bord Gáis Energy Services bill (subject to a satisfactory credit check);
(b) by paying the cost of 365 Boiler Care by way of monthly direct debit instalments (subject to a satisfactory credit check); or
(c) pre-payment by debit or credit card.

5.2 We will ask for your payment details and preferred payment method at the same time that you book your initial Boiler Service Visit. If you choose to pay by way of direct debit, 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).

5.3 If you avail of the option to pay for 365 Boiler Care 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 avail of the option to pay for 365 Boiler Care by direct debit instalments you may terminate the arrangement at any time by paying the full outstanding amount payable for 365 Boiler Care at that time.

5.5. If you choose to pay the price for 365 Boiler Care 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 4.3 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 and subsequently added to your Services bill.

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 then due payment.

6. PROVISION OF SPARE PARTS

6.1 The Service Engineer may, during the Boiler Service Visit, identify parts or component failure or potential failure.

(a) If the part or component is not listed on the table of Excluded Parts, the Service Engineer will supply and fit adequate replacement parts or components (up to the maximum monetary value set out in clause 1.1). 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 included in the table of Excluded Parts, the Service Engineer will advise you of the cost of replacement of any such parts and, if necessary, but subject to your signed authorisation, will supply and fit adequate replacement parts or components.

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

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

6.4 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.

6.5 For the avoidance of doubt, we will not fit replacement parts or components not supplied by us.

7. DANGEROUS WASTE MATERIAL

Should we find asbestos or other dangerous or potentially dangerous waste materials in or around the Property, then you will need to engage a specialist competent contractor to arrange for the removal of such dangerous waste material 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 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), must be provided to us 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 60 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 representatives on 01 611 01 01. 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 subject to your agreement, the Service Engineer will fix the problem and you will be charged for the time it takes for the Service Engineer to rectify the matter and for the cost of any necessary parts or components (if they exceed your €1,200 annual cover or the parts required are listed in the list of Excluded Parts).).. 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 supply of any replacement parts or components and of any other materials supplied as part of the Boiler Service, we warrant that at the time of installation the replacement parts and/or components (as the case may be) and any other such materials will be of merchantable quality, and will be fit for the purpose for which they are supplied (within the meaning of section 10 of the Sale of Goods Acts, 1893 and 1980). We also warrant that, to the extent that statutory provisions apply to the Boiler Service, we shall comply with same.

9.2 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, 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.

9.3 In addition to the warranties set out in clauses 9.1 and 9.2 above but subject to clause 9.5 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 shall 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 9.3 are in addition to and not in substitution of your rights at law.

9.4 You represent and warrant to us that:

(a) you are the owner of the Property and consent or (b) 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.

9.5 Replacement of Central Heating Boiler: 365 Boiler Care 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 9.5 will be refunded to you on a pro-rata basis.

9.6We 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 60 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 and 1990 as amended.

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

10. EXCLUSIONS TO 365 BOILER CARE

10.1 The following are excluded from 365 Boiler Care (including but not limited to, for the avoidance of doubt, the Boiler Service, the Boiler Safety Check and any return visit):

(a) Any of the following work:

(i) the replacement of decorative parts, casing and body of the Boiler;
(ii) refilling central heating system with water and venting radiator or cylinder circuit;
(iii) de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;
(iv) de-sludging of the system;
(v) any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise;
(vi) work on the fabric of the building or any associated pipe-work on itor buried in it;
(vii) work on any pumps in inaccessible locations; and/or
(viii) 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.

(b) Any other exclusions that are brought to your attention by us prior to the commencement 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 of our 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 first 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 shall 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 shall 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; 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 shall 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:

by calling our customer service representatives at 01 611 01 01;
by email to info@bordgais.ie or through our website at www.bordgaisenergy.ie; or
by letter to Customer Care, Bord Gáis Energy, PO Box 10943, Freepost F4062, Dublin 2.

17. ENERGY CREDITS AND AUDITING

You acknowledge and agree that any energy credits attributable to the Boiler Service and Boiler Safety Check shall 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 365 Boiler Care, 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 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 notify you by telephone of any such request. All Bord Gáis Energy engineers and supervisors carry identification which will be displayed to you on arrival at the Property.

19. GENERAL

19.1 Notices

Any notice or account sent by ordinary post pursuant to the Boiler Care Agreement shall be deemed to have been received two days after the day of posting. Any notice sent by the Customer by electronic mail shall be deemed to have been received upon confirmation of receipt from Bord Gáis Energy by electronic mail or by post.

Any notice required or permitted to be given by the Customer shall be in writing addressed to Bord Gáis Energy HomeCare, PO Box 10943, Freepost F4062, Dublin 2 or such other address or electronic mail 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 shall 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 shall not affect or impair:

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
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 the service described in clause 1;

“Annual Notification” means the annual communication sent by Bord Gáis Energy as set out in clause 3.5;

“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;

“Centrica Group” includes companies such as those using the British Gas, Scottish Gas and Dyno brands.

“Contract Year” means the period of one year commencing on the date of your Boiler Care Agreement and each year thereafter commencing 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;

“Declaration of Conformance Certificates” (Completion Certificates) means the mandatory certificate which a Registered Gas Installer/Service Engineer must issue to a customer for all Gas Works carried out;

“Excluded Parts” means those parts listed in the table entitled “List of spare parts excluded from 365 Boiler Care” annexed to these Terms and Conditions;

“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 and 2007 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;

“Services” means the range of boiler services and energy services products provided by Bord Gáis Energy;

“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 excluded from 365 Boiler Care

Boiler/Central Heating System Parts

Circulating pump external to Boiler Not Covered
Expansion vessels external to Boiler Not Covered
Safety valve & pressure gauge external to Boiler Not Covered
Hot water storage cylinder Not Covered
Cold water storage tank and filling loop Not Covered
External time clock Not Covered
Heat exchanger Not Covered
Motorised Valves Not Covered
Non return or gate valves Not Covered
Filling loops & valves Not Covered
Radiator valves Not Covered
Magnetic filter Not Covered
System pipework Not Covered
Flue pipes & ducts Not Covered