The following definitions apply to this agreement.
NGS is Natural Gas Services Ltd based at Mission House, 900 Hedon Road, Hull HU9 5LZ
1.2 The Owner
The owner means the person entering into this agreement with NGS
1.3 The Appliance
The appliance means any gas appliance described in this schedule.
1.4 The Central Heating System “The Central Heating System” means the Appliance together with the equipment connected to it and contained within the building in which the Appliance is installed and providing space heating, hot water, control of temperature and flueing, as described in the schedule. It does not include the electrical supply up to the isolating switch for the Appliance or the internal gas installation pipes up to the Appliance isolating cock or means of conveying hot water from the Appliance or hot water cylinder to the hot water taps. Nor does it include any cold water supply tank, unless the tank’s sole purpose is to serve as a feed and expansion tank. Nor does it include ancillary installations such as humidifiers, evaporators, precipitators, air conditioning plant, washing machines, processing plant or similar installations.
1.5 ServiceCare Premier covers the appliance and any central heating system specified in this schedule. ServiceCare and ServiceCare Plus cover only the appliances specified in the schedule and exclude the central heating system. ServiceCare Extra covers the central heating system but excludes the appliance which is covered by the manufacturer’s warranty. ServiceCare Duo covers the covers the appliance and any central heating system plus labour charges and part for repairs on the specified fire.
1.6 Breakdown or Failure Breakdown or failure means the cessation or substantial impairment of the appliance
1.7 “The maintenance charge” means the total price(s) specified in the schedule or in case of renewal by NGS at the time of renewal together with Vat or any other tax from time to time payable thereon.
1.8 The commencement date for ServiceCare, ServiceCare Plus, ServiceCare Premier and Servicecare Extra means the date of receipt by NGS of the first payment against the scheme.
2 Period of Agreement
This agreement is made for a minimum of one year from the commencement date and will continue until 30 days after receipt of notice to terminate the agreement.
3 Payment & Renewal
3.1 Unless otherwise agreed by NGS and the owner in writing the owner is required to make payment of the maintenance charge monthly in advance. Payments will be made by Direct Debit on the first day of each calendar month (unless agreed otherwise.)
3.2 The agreement will continue until receipt of a 30 day termination notice. Notification of any alterations in maintenance charges payable will be sent in advance of the due date. Should notification be sent out less than 30 days from the commencement of the revised costs the owner may terminate the agreement before the due date by giving written notice in advance.
3.3 For ServiceCare, ServiceCare Plus, ServiceCare Premier, FireCare Premier, ServiceCare Duo & ServiceCare Extra The agreement is effected by payment of the maintenance charge. If the order for the maintenance charge is withdrawn by the owner this agreement will automatically terminate. All outstanding payments including a 30 day charge in lieu of termination will be payable to NGS who will submit a bill for all outstanding payments.
3.4 NGS may at its discretion refuse to continue the agreement or may offer a reduced level of cover. The owner is deemed to accept any reduced level of cover offered by not tendering a written notice to terminate the agreement.
4 Annual Service NGS agree that upon payment of the maintenance charge they will once during each contracted year carry out a service in relation to the appliance. The service shall be carried out according the manufacturer’s instructions or by any other method deemed suitable by NGS. For appliances covered by ServiceCare Premier, check that the full central heating system is operating correctly and adjust or repair such parts as necessary. The exact time and date when NGS will carry out the service described above will be at the discretion of NGS unless otherwise agreed with the owner. If, at the request of the owner, NGS carries out any part of the service outside it’s normal working hours the owner will pay NGS additional charge for out of hours service.
5 Breakdown or Failure NGS agree that they will within a reasonable time of the owner notifying them that the appliance has broken down or failed during the period of this agreement, make any necessary repairs and fit any replacement parts provided that (a) If any part or parts of the appliance become obsolete or unobtainable NGS may if such be available supply and fit adequate replacement parts which are not the same as the parts being replaced but if no adequate parts shall be available the owner will be notified and NGS shall be under no further obligation to attend to maintain, make good or replace the appliance. (b) NGS shall not be held responsible for any delays in the provision of spare parts by suppliers. (c) For ServiceCare customers all materials, parts and labour supplied will be charged and payable by the customer at NGS prices ruling when they are supplied. (d) For ServiceCare Plus customers all materials and parts will be charged and payable by the customer at NGS prices ruling when they are supplied. (e) For ServiceCare Premier, FireCare Premier or ServiceCare Duo customers, subject to clauses 4 & 6, there is no charge for parts or labour on any appliances covered. (f) For ServiceCare Extra customers, subject to clauses 4 & 6, there is no charge for parts or labour on the central heating system excluding the appliance which is covered by the manufacturer’s warranty. ServiceCare Extra is only available to customers whose appliance(s) is/are covered by the manufacturer’s warranty. (g) Any charges payable in excess of the maintenance charge shall be paid within 30 days of the posting invoice by NGS to the owner in respect thereof.
6 Exclusions The following are excluded from this agreement and if any works referred to below are carried out the owner is liable for an additional separate charge.
6.1 Turning off or lighting up the appliance or central heating system and adjustment to time switches, controls, etc., except in connection with a breakdown or failure of the system or in the course of the annual service.
6.2 The replacement of decorative parts, trims or cases. This applies to all boilers, warm air units and fires.
6.3 Any work carried out by or arising out of the failure of the owner to comply with the instructions or recommendations of either the manufacturer or the installer or NGS, or the owner failing to take reasonable precautions to protect or minimise damage to the system on its breakdown or failing.
6.4 Any work caused by wilful damage.
6.5 Any work caused by the failure of the public electricity or water supply to the appliance or heating system.
6.6 De-scaling and any work arising from damage caused by hard water scale deposits or from damage caused by aggressive water unless such matters are specifically covered by endorsement of this agreement.
6.7 Making good any damage resulting from fire, flood, explosion, storm, tempest, frost, other natural hazards, war or civil disorder.
6.8 Any loss, damage or liability not caused by the negligence of NGS.
6.9 Any work to the building, fixtures, decorations, furniture or fitting of the building in which the appliance is situated arising out of any cause whatsoever other than the neglect or wrongful act of NGS, their employees or agents.
6.10 Any further exclusions specified before agreement is reached and endorsed on this agreement.
6.11 Any work which involves draining down the water system to a boiler or the removal of the heat exchanger from an overhead air heater for exchange purposes will be the subject of an additional charge and is therefore excluded from this agreement.
6.12 Any work on compensators, optimisers or microprocessor based system control.
6.13 Any overhaul of circulation pumps and ventilating fans in accordance with manufacturers requirements, recommendations or suggestions not forming part of the annual service or breakdown call.
7 Service of Notices Any notice served by NGS on the owner shall be properly served if addressed to the owner and left at or posted to either the owners last known address or the address at which the appliance is located.
8 Changes of Ownership If the ownership of the appliance changes, the new owner shall have the benefit of this agreement for the remainder of the paid period for which the agreement is current. The new owner may continue the agreement provided he shall have signed and returned to NGS a copy of this agreement or a letter accepting these terms and agreeing payment that has or may become payable hereunder.
9 Condition of the Appliance Entry into this agreement by NGS does not imply that the appliance is installed satisfactorily or to the prevailing standards. NGS will not accept responsibility for any inadequacy attributable to the original design of the appliance or the system, make no warranty as to the fitness for purpose or conditions and shall not be under an obligation to put the appliance into any better condition than it was prior to entry into this agreement or any renewal thereof.
10 NGS shall not be required to carry out any work caused by or arising from an inherent design fault in the appliance or any installation of which the appliance forms part.
11 Alteration of the Appliance If during the period of this agreement the owner wishes to alter or extend the appliance he shall give 2 weeks notice to NGS who may then either (a) agree that this agreement shall apply to the appliance as altered or extended or (b) cancel this agreement forthwith. If the appliance is altered or extended without the agreement of NGS this agreement will automatically terminate.
12 Sub – Contracting NGS maintain the right to employ any sub-contractor they may elect to carry out any works for which they are liable.
13 The terms and conditions of any order for the execution of work under this agreement or acceptance of this agreement shall be void and of no effect and the terms hereof shall be deemed to constitute the full extent of the contract between the owner and NGS which may only be varied by agreement in writing signed for and on behalf of both parties hereof
14 (a) NGS reserve the right to carry out an initial inspection of any appliance and carry out any tests deemed necessary at the owners expense prior to the commencement of the service referred to in this agreement and make recommendations as to remedial work which must be completed (also at the customer’s expense) before the implementation of any servicing work under this agreement. Failure to carry out any such remedial work will result in cancellation of this agreement by NGS on 7 days notice. (b) Where no initial inspection as referred to in 14(a) has been carried out NGS reserves the right to cancel this agreement if on the occasion of the first visit any appliance is found not to be up to a suitable standard nor installed in accordance with current regulations and codes of practice.
15 Termination If the owner fails to comply with his obligations under the agreement NGS may terminate this agreement forthwith by serving notice in writing. The owner may terminate this at any time after the first anniversary of the start date by giving 30 days notice in writing.
16 Cancellation In the event of a cancellation by the owner or termination or Cancellation by NGS in pursuance of their rights set out in this agreement no refund will be made of any money paid or due to NGS and the balance of any sums that have or would but for such termination have become payable under this agreement shall forthwith be paid in full.
17 Limitations of Obligations NGS shall not be liable for any failure to perform their obligations under this agreement if they are prevented from doing so by any cause beyond their reasonable control, including (but not limited to) all industrial disputes, strikes, lock-outs, fire, accident, civil disturbance, unrest or war.
18 For the avoidance of doubt NGS wish to make clear that this contract does not include the carrying out of any examination required in order to comply with the pressure systems and transportable gas container regulations 1989.