TERMS AND CONDITIONS FOR OIL BOILER REPAIR – OIL BOILER REPAIR AGREEMENT
BY ORDERING OIL BOILER REPAIR YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE AND ALL OTHER TERMS OF THIS AGREEMENT CAREFULLY.
1. OIL BOILER REPAIR
1.1. As part of this Oil Boiler Repair Agreement, a service engineer will visit the Property, carry out various tests and checks on the boiler in order to diagnose the fault with the boiler and, where possible, repair the fault. Oil Boiler Repair does not include any additional labour or any parts required to repair the boiler. If a part or additional labour is required to repair the boiler, this will be quoted for separately.
1.2. The service engineer will provide you with a verbal assessment of the fault with the boiler and the costs involved in repairing the boiler. This may include the costs of providing new parts/components for the boiler. The service engineer will also provide you with an estimate of the time it will take to repair the boiler. Please be aware that sometimes it may not be possible to carry out the repair during the initial diagnosis visit.
1.3. This Oil Boiler Repair Agreement is for System Boilers and Standard Boilers and includes combination or condensing boilers that do not exceed 45kW output. This Oil Boiler Repair Agreement does not include any of the matters referred to in clause 9.
2. SCOPE OF OIL BOILER REPAIR
2.1. Oil Boiler Repair
Our service engineer will carry out various tests and checks on the boiler in order to diagnose the fault with the boiler and, where possible, repair the fault. Oil Boiler Repair does not include any additional labour or any parts required to repair the boiler. If a part or additional labour is required to repair the boiler, this will be quoted for separately.
3. TERM OF OIL BOILER REPAIR AGREEMENT AND TERMINATION
3.1. Commencement: When you order Oil Boiler Repair, we may run a credit check against you and perform an eligibility check on your boiler at a time and date agreed with you. If we choose to carry out this check and it is satisfactory to us, the Oil Boiler Repair Agreement will come into effect from the later of:
(i) the date that we notify you that the credit check is satisfactory to us; and
(ii) the date that we notify you that the boiler is suitable for Oil Boiler Repair.
Where the credit check and/or full eligibility check on the boiler are satisfactory to us, the service engineer will carry out the Oil Boiler Repair on the date agreed between you and us. Bord Gáis Energy will not be obliged to commence or continue with an Oil Boiler Repair unless we are satisfied that no Health and Safety issue exists which would mean it would be inappropriate, unsafe or otherwise unsuitable for the Oil Boiler Repair to commence or continue. For the avoidance of doubt, this will include circumstances where we determine that the boiler is inaccessible, due to the enclosure or compartment in which it is located, so as to impede the service engineer from commencing or continuing with the Oil Boiler Repair. In circumstances where we determine that we are not in a position to proceed or continue with the Oil Boiler Repair due to a Health and Safety issue(s), we will charge you a cancellation fee equal to €30.
The Boiler Repair Visit will be conducted during normal working hours (8am to 5pm Monday to Friday and 8am to 4pm on Saturdays, excluding bank holidays and public holidays in Ireland), unless otherwise agreed. If the issue preventing the Oil Boiler Repair from proceeding or continuing is removed and the appointment is rescheduled by you within 10 working days of the Boiler Repair Visit, we will refund the cancellation fee of €30.
3.2. 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 Oil Boiler Repair. If the service engineer cannot access your Property at the time of any appointment, because you are not available to provide access, you will be deemed to have cancelled your appointment and a cancellation fee of €30 will apply. In such circumstances, it is your responsibility to arrange another appointment.
If we are unable to gain access to your Property at the time of an appointment, we will inform you that we were not able to carry out the Oil Boiler Repair for this reason and we will charge you a cancellation fee equal to €30. You are also responsible for making sure that:
(a) we can safely access your Property, which includes providing safe and full access to the boiler; and
(b) there is sufficient oil in the system to allow the Oil Boiler Repair to be completed.
In circumstances where we are not in a position to proceed with the Oil Boiler Repair due to (a) or (b), we will inform you of this and charge you a cancellation fee of €30.
It is also your responsibility to take care in or around areas where work is taking place during a Boiler Repair 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.
3.3. Cancellation: You may cancel your Oil Boiler Repair Agreement 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”), without giving a reason and without charge by calling our customer contact team on 01 611 01 01 or by email to firstname.lastname@example.org. 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. Otherwise, you can cancel the Boiler Repair Visit without charge up to 24 hours before the Boiler Repair Visit is due to be carried out by calling our customer contact team on 01 611 01 01 or by email to email@example.com. The Boiler Repair Visit may be rescheduled by you at the time of cancelling it, or at a later date during the term of the Oil Boiler Repair Agreement. If you cancel less than 24 hours before the time of the Boiler Repair Visit, we may charge you a cancellation fee equal to €30. However, you will not be charged the Cancellation Fee if you cancel with less than 24 hours’ notice during the Cooling Off Period.
3.4. We shall be entitled to terminate the Oil Boiler Repair Agreement at any time without reason by giving you seven (7) days notice.
4. PRICE PAYABLE BY YOU
4.1. The price of Oil Boiler Repair is €90 for the first 30 minutes. Additional time spent fault finding, carrying out any repair work and/or replacing parts or components will be charged in 15 minute units at €25 per unit. The cost of any replacement parts/components and any additional labour required to replace such parts will be charged to you separately and will not be included in the price of Oil Boiler Repair. The service engineer will only proceed to fit the required parts following your agreement to the cost of the required parts and the rate for additional labour. The price of Boiler Repair and all other prices quoted to you are inclusive of VAT at the applicable rate from time to time.
4.2. The charges under this Oil Boiler Repair Agreement may be applied to the Customer’s next Bord Gáis Energy boiler services bill (except as outlined in 4.3 below). The Customer is required to pay for the work carried out by the due date advised on the relevant Bord Gáis Energy boiler services bill.
4.3. Customers must pre-pay by credit or debit card in the following circumstances:
• Where the total amount due under the Oil Boiler Repair Agreement is over €600 (including parts and labour);
• Where the part required is an Exceptional Item; or
• Where the Customer does not satisfy a Bord Gáis Energy credit check (which will be determined solely at our discretion).
5. PAYMENT TERMS
5.1. If you are required to pre-pay in accordance with clause 4.3, you must pay by debit or credit card for Oil Boiler Repair and, where applicable, for the cost of any additional labour and/or any parts/components that may have been supplied.
5.2. You may be charged for the cost of replacement parts/components and any additional labour in advance or we may subsequently issue you a bill for the cost of the replacement parts/components and/or labour. You are required to pay your bill by the due date specified in your bill.
5.3. If you do not pay us any sum due under the Oil Boiler Repair 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 Repair Visit, identify a part/component failure or potential failure. The service engineer will advise you of the cost of replacement of any parts/components and if necessary, but subject to your approval, will supply and fit adequate replacement parts/components, subject to their availability. Title to the replacement parts/components will only pass to you when you have paid us for them.
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 or incorrect parts supplied by the supplier or manufacturer.
6.4. Any parts/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 such 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/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 Oil Boiler Repair 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 (or any amendment thereof or replacement Regulations), must be provided to us before we will do any further work to your Property.
8.1. All work undertaken by the service engineer while servicing the boiler carries a thirty (30) day recall from the date on which the work is carried out by the service engineer. Subject to the other provisions of this clause, if you have any problems with the boiler in the 30 day period after the work has been done there will be no call out charge applied if the service engineer has to call back to the Property. However, if, when he calls back, the service engineer identifies a problem with the boiler that is not related to the Oil Boiler Repair previously carried out, the service engineer will advise you of the cost of the labour and any replacement parts/components necessary to rectify the matter. Subject to your approval, the service engineer will then 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/components. Please note that for labour, time will be charged in 15 minute units at €25 per unit.
8.2. With regard to the supply of any replacement parts/components and of any other materials supplied as part of the Oil Boiler Repair, we warrant that at the time of installation the replacement parts/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 Oil Boiler Repair, we shall comply with same.
8.3. With regard to the Oil Boiler Repair, we warrant that:
• the service engineer has the necessary skill, training, qualification and experience to carry out the works pursuant to the Oil Boiler Repair Agreement;
• the service engineer will carry out the Oil Boiler Repair with due skill, care and diligence PROVIDED ALWAYS that where the service engineer has complied with all the manufacturer’s instructions and guidelines, BS 5410-1 (or BS 5410-2), OFTEC Standards and Codes of Practice, the service engineer shall be regarded as having met the appropriate standard of skill, care and diligence; and
• where materials are used for the purposes of the Oil Boiler Repair, they will be sound and reasonably fit for the purpose for which they are required.
8.4. In addition to the warranties set out in clauses 8.1, 8.2 and 8.3 above but subject to clause 8.6 below, we will, within a period of 12 months (unless otherwise specified by the manufacturer) from the date of completion of the Oil Boiler Repair, repair or replace free of charge any faulty replacement parts/components supplied by us under the Oil Boiler Repair 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/components were replaced and provided that any such defect is notified to Bord Gáis Energy in writing within 21 days of when you become or ought reasonably to have become aware of the defect. Your rights under this clause 8.4 are in addition to and not in substitution of your rights at law.
8.5. You represent and warrant to us that:
(a) you are the owner of the Property or have full power and authority to execute and deliver the Oil Boiler Repair Agreement and to comply with the provision of, and perform all of your obligations and exercise all of your rights under the Oil Boiler Repair Agreement;
(b) all consents, licences, approvals and authorisations required in connection with the entry into, performance, validity and enforceability of the Oil Boiler Repair Agreement have been obtained and are in full force and effect; and
(c) you will perform your obligations and exercise your rights under the Oil Boiler Repair Agreement in accordance with all applicable laws and regulations.
8.6. 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 day recall period):
i. any defect or damage occurring from a failure of the electricity, fuel or water supply;
ii. failure of the circulating 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 or fuel contamination;
xii. any defect or damage or detrimental effect due to the incorrect fuel supply by a third party;
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 from time to time; and/or
xiv. Any pollution caused as a result of the Installation, including but not limited to, loss of oil from the supply tank, oil supply lines, remote fill lines.
(b) Any loss of oil caused by third party interference and any other exclusions that are brought to your attention by us prior to the commencement of the Oil Boiler Repair Agreement.
9. EXCLUSIONS TO OIL BOILER REPAIR
9.1. This Oil Boiler Repair Agreement does not include repair or replacement of the boiler or any part thereof in the event of the part/component not being reasonably available. If the boiler cannot be repaired because of the lack of available parts/components, the Oil Boiler Repair Agreement shall be terminated and any unearned payment made to Bord Gáis Energy prior to termination under this clause 9.1 will be refunded to you on a pro-rata basis.
9.2. We will not provide, as part of this Boiler Repair Agreement (including, for the avoidance of doubt, the 30 day recall period):
(a) any of the following services:
(i) repair of oil supply line;
(ii) work to the oil storage tank;
(iii) adjustments to time and temperature controls;
(iv) the replacement of decorative parts, casing and body of boiler including all heat exchangers and the boiler shell;
(v) refilling central heating system with water and venting radiator or cylinder circuit;
(vi) de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;
(vii) de-sludging of the Installation(including the oil storage tank, desludging and water removal);
(viii) air lock of the oil fired burner (included in the initial Boiler Repair Visit only);
(ix) any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise or leakage;
(x) work on the fabric of the building or any associated pipe-work to it or buried in the Property (including oil storage tank fill line i.e. the pipe/device used to fill the oil storage tank);
(xi) work on any pumps in inaccessible locations;
(xii) work on any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder;
(xiii) the following replacement parts: electrical rewiring, external programmers/time clocks, radiators, room thermostats, radiator valves, external motorised valves, expansion tanks or cylinders, external expansion vessels, pipework and conventional/balanced flues or chimneys;
(xiv) work on the electrical immersion element of the central heating installation;
(xv) issues that arise due to insufficient oil in the oil storage tank or contaminated fuel; and/or
(xvi) work on any oil cooking appliances or vaporising cookers or stoves.
(b) any other exclusions that are brought to your attention by us prior to the commencement of the Oil Boiler Repair.
9.3. In certain circumstances we may be able to carry out work set out above for additional charges in accordance with clause 4. The service engineer will confirm to you whether we are able to provide any such work and the cost associated with such work.
The Oil Boiler Repair 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 Oil Boiler Repair Agreement to any other company or person.
11. CONDITION OF THE INSTALLATION
We do no accept responsibility or liability for the quality or condition of any existing equipment in the Property (including, without limitation, any equipment, pipework, cables, connections, fill lines, controls, oil supply pipes, water supply pipes, electrical cables, flues or chimneys).
12. NOTICE OF HAZARD
12.1. We may issue a Notice of Hazard in a number of different circumstances including, without limitation, where, in the opinion of the service engineer (i) Type A: the Installation does not conform to standard but is safe to continue to use pending rectification; (ii) Type B: the Installation does not conform to standard and is considered unsafe and requires immediate isolation of the appliance pending rectification; (iii) Type C: the Installation is unsafe for continued use and requires immediate isolation at the oil tank isolation valve pending rectification; (iv)Type D: the Installation at the premises is suspected of causing or is at immediate risk of causing a pollution. Where oil loss has occurred you are required to inform your local authority environmental department immediately.
12.2. In circumstances where we have issued a Notice of Hazard where we have not been in a position to fully inspect/test the Installation we will not accept any responsibility or liability for the quality or condition of the Installation and for any loss or damage arising out of or in connection with the issuance of a Notice of Hazard by us.
12.3. Where we have issued a Notice of Hazard or documented a fault on the service report, identifying remedial action in respect of the boiler but in the opinion of the service engineer, it is safe to continue with the Oil Boiler Repair without you first taking the recommended remedial action, it is solely your responsibility to take the recommended remedial action following the Oil Boiler Repair. 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.
12.4. 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 Oil Boiler Repair Agreement to continue, we may terminate the Oil Boiler Repair 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.
12.5. 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 or service report
13. 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 this Oil Boiler Repair Agreement.
14. GENERAL LIMITATIONS OF OUR OBLIGATION
14.1. We shall not be liable if any work is carried out on the Installation by any other party, other than by us or a subcontractor acting on our behalf. Any such action will give us the immediate right to terminate the Oil Boiler Repair 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.
14.2. We shall not be liable if we 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, 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.
14.3. 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 Oil Boiler Repair Agreement.
14.4. 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.
15. QUALITY AUDITING
We may request to carry out random quality audits on the work carried out on your boiler both during and after the completion of the Oil Boiler Repair. Bord Gáis Energy will notify you by telephone of any such request.
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 contact team at 01 611 01 01;
• by email to firstname.lastname@example.org or through our website at www.bordgaisenergy.ie; or
• by letter to Customer Care, Bord Gáis Energy, PO Box 10943, Freepost F4062, Dublin 2.
17.1. Notices: Any notice or account sent by ordinary post pursuant to the Oil Boiler Repair 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 Boiler Services, 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.
17.2. Amendments: We reserve the right to change the Terms and Conditions of the Oil Boiler Repair 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.
17.3. 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 Oil Boiler Repair Agreement or by law or operate as or be deemed to be a waiver of any breach, right or remedy under the Oil Boiler Repair Agreement or provided law.
17.4. Severance: If at any time any provision of the Oil Boiler Repair 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 Oil Boiler Repair 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 Oil Boiler Repair Agreement.
17.5. Governing Law: The Oil Boiler Repair Agreement shall be governed by and construed in accordance with Irish law. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
17.6. Entire Agreement: The Parties acknowledge that the Oil Boiler Repair 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.
"Boiler Repair Visit" means a call-out by a service engineer to perform an Oil Boiler Repair;
"Bord Gáis Energy", "us" or "we" means Bord Gáis Energy Limited, a company incorporated in Ireland with registration number 462078 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, including the service engineer;
"BS 5410-1" means the British Standard Code of Practice for oil fired installations serving a single family dwelling where the oil fired appliance has up to 45kw output capacity for space heating and hot water supply purposes and the oil storage capacity does not exceed 3,500 litres. This Standard may be amended or replaced from time to time, and any reference in these Terms and Conditions to a specific provision of BS 5410-1 shall be a reference to such provision as amended or replaced from time to time;
"BS 5410-2" means the British Standard Code of Practice for oil fired installations with in 45kw output capacity for space heating and hot water and steam supply purposes and oil storage capacity in excess of 3,500 litres. This Standard may be amended or replaced from time to time, and any reference in these Terms and Conditions to a specific provision of BS 5410-2 shall be a reference to such provision as amended or replaced from time to time;
“Centrica Group” includes companies such as those using the British Gas, Scottish Gas and Dyno Gas brands.
"Customer" or "you" means the customer(s) who makes the Oil Boiler Repair Agreement with us, and includes a person who we reasonably believe is acting with your authority or knowledge;
“Exceptional Item” means a spare part which is not generally in stock and has to be ordered specially for the repair;
"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 there under from time to time;
(b) the Building Control Acts 1990 and 2007 and any relevant Building Regulations made there under and any Building Regulations Technical Guidance Documents;
(c) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by OFTEC 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;
(f) all relevant installation standards applicable in Ireland, including, without limitation, BS 5410-1, BS 5410-2 (if applicable) ; and
(g) industry best practice;
"Installation" means the oil boiler, burner, flue, oil storage tank, support base for the storage tank, oil tank peripherals, oil supply and fill lines;
"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;
"Oil Boiler Repair Agreement" means the boiler repair agreement between you and us which incorporates these Terms and Conditions;
"Oil Boiler Repair" means a repair of a boiler as described in clause 2;
"Parties" means us and you;
"Property" means the domestic address at which we will carry out the Oil Boiler Repair;
"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.