TERMS AND CONDITIONS FOR COMPLETE OIL BOILER CARE – BOILER CARE AGREEMENT
BY ORDERING COMPLETE OIL BOILER CARE YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE AND ALL OTHER TERMS OF THIS AGREEMENT CAREFULLY.
1. COMPLETE OIL BOILER CARE
1.1. Complete Oil Boiler Care includes a Boiler Service and a Boiler Safety Check (as described in clause 2 below) for each Contract Year during the term of the Boiler Care Agreement. Complete Oil Boiler Care 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 price of the Boiler Care Agreement (as set-out on our website from time to time or as notified to you in the annual notification reminding you of your annual Boiler Service Visit) is for the service of a central heating boiler that does not exceed 45kW output. This Boiler Care Agreement is for System Boilers and Standard Boilers and includes combination or condensing boilers. This Boiler Care Agreement does not include any of the matters referred to in clause 9.
2. SCOPE OF COMPLETE OIL BOILER CARE
2.1. Boiler Service
Our service engineer will carry out a service and visual inspections on the boiler in accordance with BS 5410-1 (or BS 5410-2 if applicable) and the manufacturer’s instructions, where available. The following tests and checks will be applied to the existing oil central heating installation where applicable:-
Oil Storage Tank & Supply – Visual Inspection Only
• Visual inspection for correct installation with respect to location, fire protection, environmental protection, damage or deterioration
• Check for fuel contamination
• Check and clean oil filters
• Check accessibility, functionality and condition of oil fire valves, where possible
Air Supply & Ventilation
• Check ventilation as per manufacturer’s instructions for correct location, size, type and source
Flues & Chimneys
• Check size of open vented flue
• Inspect flue integrity, suitability, condition, size, route, functionality, terminal, cowl, guard and installation standard
Boiler & Burner
• Service and clean boiler and heat exchanger
• Service, clean and test burner
• Check pump pressure and adjust (where required)
• Replace nozzle and flexible oil line (one per Boiler Service)
• Check the condition of and permitted location of the boiler and its electrical controls
• Evaluate performance and functionality
Safety Controls & Electrical Safety
• Check and test Installation for the presence and operation of required safety controls (remote acting fire valves and hi-limit stats etc.)
• Visual inspection of Installation to assess electrical safety including checking 5 amp fuse, isolation, polarity and earthing is to current ETCI standards
• Perform a smoke test and a sample flue gas analysis to ensure efficient and safe operation of the appliance
• Combustion test boiler with electronic analyser to ensure optimum burn efficiency for maximum heat return on your oil
• Adjustment of appliance to manufacturer’s instructions to keep carbon emissions to a minimum
• Test appliance for carbon monoxide emissions to ensure safe levels
The service engineer will complete a service report and may conduct such other tests and checks as he may determine are reasonably required for specific types of oil boilers.
2.2. Boiler Safety Check
During a Boiler Service Visit, a service engineer will check the integrity of the boiler in accordance with BS 5410-1 (or BS 5410-2 as applicable) and the manufacturer’s instructions.
3. TERM OF BOILER CARE AGREEMENT AND TERMINATION
3.1. Term: This Boiler Care Agreement will continue in force from year to year from the date on which the Boiler Care Agreement comes into effect in accordance with clause 3.2, unless you terminate it by giving us notice in accordance with clause 3.6, or we may terminate it by giving you notice in accordance with clauses 3.8 or 3.9 (whichever is earlier). 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 this Boiler Care Agreement.
3.2. Commencement: When you order Complete Oil Boiler Care, 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 either or both of these checks and they are satisfactory to us, 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; and
(ii) the date that we notify you that the boiler is suitable for Complete Oil Boiler Care.
If the credit check and/or full eligibility check on the boiler are satisfactory to Bord Gáis Energy, the service engineer will carry out the Boiler Service on the date agreed between you and Bord Gáis Energy. We will not be obliged to commence or continue with a Boiler Service unless we are satisfied that no Health and Safety issue exists which would mean it would be inappropriate, unsafe or otherwise unsuitable for the Boiler Service 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 Boiler Service. In circumstances where we determine that we are not in a position to proceed or continue with the Boiler Service due to a Health and Safety issue(s), we will 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. If the issue preventing the Boiler Service from proceeding or continuing is removed and the appointment is rescheduled by you within 10 working days of the Boiler Service Visit, we will refund the cancellation fee of €30.
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. 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 Boiler Service 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 Boiler Service to be completed.
In circumstances where we are not in a position to proceed with the Boiler Service 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 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: You may cancel your Boiler Care 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 6110145 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 Care Visit without charge up to 24 hours before the Boiler Care 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 Care Visit may be rescheduled by you at the time of cancelling it, or at a later date during the term of the Oil Boiler Care Agreement. If you cancel less than 24 hours before the time of the Boiler Care 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
3.5. Annual Notification: We will send you a letter of notification annually, prior to the Annual Service Date, to arrange a time for a Boiler Service Visit. We may increase the charges for Complete Oil 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.
3.6. Termination: If you no longer wish to have your boiler serviced by Bord Gáis Energy after the initial term (the yearly anniversary of the date of the first Boiler Service Visit), you may terminate the Boiler Care Agreement:
(a) by calling our customer contact team on 01 6110145; or
(b) by electronic mail to firstname.lastname@example.org
but in either case, prior to the earlier of:
(a) the Annual Service Date; or
(b) within fourteen (14) days after the date of the notification reminding you or your annual Boiler Service Visit.
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 Complete Oil Boiler Care by having the cost charged to your Bord Gáis Energy boiler services bill, we have the right to charge your Bord Gáis Energy services bill after the Annual Service Date the full amount payable for Complete Oil Boiler Care (as set out in the letter of notification reminding you of your annual Boiler Service Visit); or
(b) where you have chosen to pay for Complete Oil Boiler Care by way of monthly direct debit instalments, we have the right to continue to be paid the relevant monthly instalments for Complete Oil Boiler Care (as set out in the letter of notification reminding you of your annual Boiler Service Visit) by way of direct debit from your bank account.
3.8. We shall be entitled to terminate the Boiler Care Agreement at any time by giving you notice in writing if:
(a) you fail to book a Boiler Services Visit within 14 days following notification from us of your Annual Service Date;
(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 commence; 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 this 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. Any unearned payment made to Bord Gáis Energy under this Boiler Care Agreement prior to its termination under clause 3.9 will be refunded to the Customer on a pro rata basis.
4. PRICE PAYABLE BY YOU
4.1. Subject to clauses 4.2, 4.3 and 4.4 below, the annual amount payable by you for Complete Oil Boiler Care is as set out on our website from time to time or as notified to you in the annual notification reminding you of your Boiler Service Visit. The cost of any parts and any additional labour required to replace to such parts will be charged to you separately and will not be included in the price of Complete Oil Boiler Care. You can check the current rates applicable to Complete Oil Boiler Care and our other boiler servicing products on the Bord Gáis Energy website at www.bordgaisenergy.ie. The price of Complete Oil 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 payable for Complete Oil Boiler Care is subject to an additional administration charge (currently €9 per annum) in the event that you choose to pay for Complete Oil Boiler Care by way of monthly direct debit instalments.
4.3. Complete Oil Boiler Care does not apply to any of the matters described in clause 9. If Bord Gáis Energy reasonably determines that any defect or malfunction in respect of the boiler was the result of matters referred to in clause 9, you must separately pay Bord Gáis Energy in full for all labour costs at the applicable rates, in respect of work undertaken to address such a defect or malfunction.
4.4. Boilers that have not been serviced on a regular basis and/or are in a poor condition may need additional work and time. This additional labour element may be added to the cost of your Boiler Care Agreement. Where possible, the service engineer will advise you of any required labour outside the scope of this Boiler Care Agreement and will provide you with an estimate of the costs for this required labour. The service engineer will only then proceed with labour outside the scope of this Boiler Care Agreement upon your agreement. We will charge you for any additional required labour outside the scope of this Boiler Care Agreement in 15 minute units. You can check the current applicable rates on the Bord Gáis Energy website at www.bordgaisenergy.ie from time to time or by calling our customer contact team on 01 6110145
5. PAYMENT TERMS
5.1. Subject to 5.2 and 5.3 below, you may pay for Complete Oil Boiler Care and any additional labour or parts by any of the following methods:
(a) having the cost of Complete Oil Boiler Care charged to your Bord Gáis Energy boiler services bill (subject to a satisfactory credit check);
(b) by paying for Complete Oil Boiler Care by way of monthly direct debit instalments (subject to a satisfactory credit check); or
(c) pre-payment by debit or credit card.
(d) Book On our website bordgaisenergy.ie
5.2. We will ask for your payment details and preferred payment method when you book your initial Boiler Service Visit. If you chose to pay by way of direct debit, you may provide your direct debit instructions by telephone or in writing (by completing the Direct Debit Mandate attached to your Bord Gáis Energy boiler services bill).
5.3. If you avail of the option to pay for Complete Oil Boiler Care by having the cost charged to your Bord Gáis Energy boiler services bill, you must pay for any work carried out and charged to your Bord Gáis Energy boiler services bill by the due date specified in your bill.
5.4. If you avail of the option to pay for Complete Oil Boiler Care by direct debit instalments you may terminate the arrangement at any time by paying the full outstanding amount payable for Complete Oil Boiler Care at that time.
5.5. 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 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 Boiler Service 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 Boiler Service 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.
8.2. With regard to the supply of any replacement parts/components and of any other materials supplied as part of the Boiler Service, 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 Boiler Service, we shall comply with same.
8.3. With regard to the Boiler Service, we warrant that:
• the service engineer has the necessary skill, training, qualification and experience to carry out the works pursuant to the Boiler Care Agreement;
• 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, 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 Boiler Service, 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 Boiler Service, repair or replace free of charge any faulty replacement parts/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/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 Boiler Care Agreement and to comply with the provision of, and perform all of your obligations and exercise all of your rights under the Boiler Care Agreement;
(b) 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
(c) you will perform your obligations and exercise your rights under the Boiler Care 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 review 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.
9. EXCLUSIONS TO COMPLETE OIL BOILER CARE
9.1. This Boiler Care Agreement does not include repair or replacement of the boiler or any part thereof in the event of parts/components not being reasonably available. If the boiler cannot be repaired because of the lack of available parts/components, the Boiler Care 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 the Customer on a pro-rata basis.
9.2. As part of this Boiler Care Agreement (including, for the avoidance of doubt, the 30 day recall period, we will not provide):
(a) any of the following services:
(i) work to the oil storage tank;
(ii) adjustments to time and temperature controls;
(iii) the replacement of decorative parts, casing and body of boiler including all heatexchangers and the boiler shell;
(iv) refilling central heating system with water and venting radiator or cylinder circuit;
(v) de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;
(vi) de-sludging of the Installation(including the oil storage tank, desludging and water removal);
(vii) air lock of the oil fired burner (included in the initial Boiler Service Visit only);
(viii) any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise or leakage;
(ix) 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);
(x) work on any pumps in inaccessible locations;
(xi) work on any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder;
(xii) 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;
(xiii) work on the electrical immersion element of the central heating installation;
(xiv) issues that arise due to insufficient oil in the oil storage tank or contaminated fuel; and/or
(xv) 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 Boiler Service.
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.
If ownership of the Property changes, the new owner shall have the benefit of this Boiler Care Agreement for the remainder of the Contract Year for which the annual payment has been made. You do not have the right to assign, transfer or subcontract this Boiler Care Agreement except to the new owner of the Property, and you may only assign this Boiler Care Agreement to the new owner of the Property for the remainder of the current Contract Year. After the expiry of the current Contract Year, the new owner will need to enter into a new Boiler Care Agreement with Bord Gáis Energy if they want to continue to receive Complete Oil Boiler Care or any of our other boiler care products. No refund will be made for any unexpired part of the Contract Year for which the annual payment has been made.
11. CONDITION OF THE INSTALLATION
11.1. Servicing of a central heating boiler, burner, flue, oil supply line and/or visual inspection of the oil storage tank 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, burner, oil supply or oil storage tank and make no warranty as to fitness for purpose or condition.
11.2. We will only be undertaking a visual inspection of the oil storage tank and oil supply, and tank peripherals such as sight gauges, support/base for the storage tank and fill lines (where visible). As part of our visual inspection of the oil storage tank and oil supply support/base, we will check for correct installation with respect to location, fire protection, environmental protection, damage or deterioration. We accept no responsibility or liability for the condition of same or any remedial work required.
11.3. Where the existing Installation includes a remote oil tank fill line, we do not inspect, service or have any liability for the remote oil tank fill line.
11.4. 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 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.
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 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.
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
• 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 Boiler Care 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 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.
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 Boiler Care 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 Boiler Service. 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 6110145 ;
• by email to email@example.com 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 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 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 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.
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 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.
17.4. 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.
17.5. Governing Law: The Boiler Care 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 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.
“Annual Service Date” means the yearly anniversary of the date of the first Boiler Service Visit;
"Boiler Care Agreement" means the boiler care agreement between you and us which incorporates these Terms and Conditions;
"Boiler Safety Check" means a safety check of an oil boiler as described in clause 2;
"Boiler Service" means a service of an oil boiler, including a Boiler Safety Check as described in clause 2;
"Boiler Service Visit" means a call-out by a service engineer to perform a Boiler Service;
"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 excess of 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;
“Complete Oil Boiler Care” means the service described in clause 1;
“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;
"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;
"Parties" means us and you;
"Property" means the domestic address at which we will carry out the Boiler Service;
"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.