Terms and conditions

Boiler Service Terms and Conditions:

These terms and conditions together with the order form comprise your 12-month contract with Simon Barker Services Limited, trading as Simon Barker Plumbing & Heating.

Where to find information about us and our services

You can find everything you need to know about us, Simon Barker Plumbing & Heating, and our services on our website ww.sbph.co.uk before you order. We also confirm the key information to you in writing after you order, either by email or on paper.

Plan

Your plan will continue for 12 months unless terminated by you or us earlier than this. We will take payment for you plan monthly via direct debit. If you choose to pay your plan annually you will receive a discount and make 11 payments for a 12-month plan. Your rights to cancel your plan are set out below under the heading cancelling your plan. Our rights to cancel the plan are set out below under the heading cancelling your plan.

The Plan must be for a residence you are responsible for paying the repairs for and not a business premises. The Plan is only available for gas or oil fired boiler systems.

Cancelling your plan

You may inform us you wish to cancel your plan at any time.

If you wish to cancel your plan please contact us by calling the telephone number we have provided or via email to simon@sbph.co.uk.

Any discounted given as part of this policy prior to the cancelation, however canceled, will be invoiced and payable within 5 working days.[sb1]

Any refund we provide of your service fee will be:

The service fee you have paid provided no work has been carried out under this agreement.
If work has been carried out under this agreement you waive any statutory right to cancel the plan and will not receive a refund and in addition must pay any outstanding balance due under the agreement.
If we are not able to contact you to arrange an appointment. After three attempts to contact you, if we have not been successful, there will be no refund. You may still make an appointment during the remaining period of your plan,

We may cancel your plan prior to the service being carried out, by giving you at least 7 days' notice at your last known address. In these circumstances we will refund the amount of the service fee paid in full.

If you fail to make a monthly payment under your plan we may suspend your plan. We will write to you within 5 days informing you that the payment has not been received. If you do not make the payment within 30 days we reserve the right to cancel your plan. You will be liable for all payments due up to the date of cancellation.

The above refund policy is made at our complete discretion.

Change of Address

You may make changes to your information on your account page on our website. If this is not possible, please inform us via telephone or email if you change your address during the plan. We will advise whether your plan is appropriate for your new property or advise the best plan to transfer to.

At the end of your plan

We will contact you in writing before your plan ends to arrange the renewal of your plan, provided you have not informed us that you wish to cancel, and tell you the service fee that will be due under the continuing plan.

The price of your plan may be increased on renewal to reflect increases in our costs and any change in tax.

We reserve the right to refuse renewal of any individual plan and we will inform you before your plan ends if this is the case.

If your plan automatically renew, your plan will continue under your existing payment method and new service fee.

If your plan does not automatically renew, we will continue your plan only after you request us to do so.

How can I complain?

If you wish to make a complaint, please contact us via email at simon@sbph.co.uk or by calling us on the 01775 760 931. We will always seek to resolve any issue raised as swiftly as possible.

PLAN DETAILS

If you think you have a gas leak (i.e. it is an emergency), you MUST immediately call the National Gas Emergency Service on 0800 111 999. The National Gas Emergency Service will attend your property and isolate the leak.

Your plan includes provision for a Boiler Service by Us. The Boiler Service will be completed in accordance with the current Gas Safety (Installation and Use) Regulations and the manufacturer’s instructions for your boiler.

What is Included?

What is included in your plan will depend on whether you have chosen a gas service plan, an oil service plan or a gas/oil service plan with an additional plumbing add on.

Gas service plan includes:

Annual boiler service

Discounted rate on repairs (subject to a 4 hour limit within the first month of the plan)

72 hour call out (excluding Sundays and bank holidays)

Exclusive offers

Oil Service Plan includes:

Annual boiler service

Discounted rate on repairs (subject to a 4 hour limit within the first month of the plan)

72 hour call out (excluding Sundays and bank holidays)

Exclusive offers

Plumbing add on includes:

This upgrades to all aspects of your plumbing and above ground drainage. It covers everything from your stop tap to Taps. Toilet repairs. Leaking pipework. Hot water cylinders. Ball valves etc.

What isn’t Included?

Any upgrades or remedial [sb2] work that is not part of the boiler service Plan. Any issues involving sludge or asbestos. Any work on the mains pipe into your house. Trace and access of pipes under floors. Any systems/equipment/appliances that have not been installed, serviced or maintained regularly according to British Standards and/or manufacturer’s instructions; or that are subject to a manufacturer’s recall. Any defects which are the result of negligence, misuse, malicious action or unqualified repairs or modifications. Including any repair or modification to the elements covered by this plan, which does not comply with British Standards.

We will only test the gas installation pipe work where there is a suspected escape of gas. If we identify a fault during your boiler service we will advise you and if safety is a concern we will follow the current Gas Industry Unsafe Situation Procedure. This may mean that we may need to turn off and isolate your boiler until it can be made safe.

For Example;

Boiler repair is subject to discounted labour rate as per above, however it does not cover a boiler replacement.

IMPORTANT INFORMATION

General Definitions

Certain words within these terms and conditions have a particular meaning, as shown below. Each time we use these words they will have the same meaning wherever they are used in your plan:

Boiler: The central heating boiler, fired by natural gas, supplied from the mains gas supply or fired by oil supplied from an oil tank that we agree to service for you.

Engineer(s): The person(s) employed and/or authorised by Us to deal with your boiler and who is a Gas Safe registered engineer.

Plan: These terms and conditions and the most recent plan schedule.

Plan schedule: The document containing important details about your plan, which should be read together with these terms and conditions.

Plan start date: The date this plan starts on, as set out in your plan schedule.

Service Fee: The total amount you pay us for your plan (which will include VAT), as set out in your Plan Schedule.

We/us/our: Simon Barker Services Limited, trading as Simon Barker Plumbing and Heating, its authorised agents and engineers, unless otherwise stated.

You/your: The person(s) who has the benefit of this plan.

IMPORTANT INFORMATION

If you bought online, over the telephone or on your doorstep, you have a legal right to change your mind within 14 days from the date we confirm your plan. Once we have completed work for you, you lose the right to cancel your plan. If you decide you wish to cancel within the 14 day period please contact us via telephone on 01775 760 931 and we will refund you any payments made, provided no work has been completed.

The Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.

If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

We can amend these terms and conditions if the law changes or to make minor technical adjustments and improvements. If we wish to make any changes beyond these types we will write and give you 28 days’ notice and allow you the option of terminating your plan.

We do not compensate you for all losses caused by us or our services. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're 0.
Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
A business loss. [It relates to your use of a product for the purposes of your trade, business, craft or profession OR Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our business terms, Contact the office for these terms

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Please contact the office on 01775 760 931 or email on simon@sbph.co.uk

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

This contract together with the Plan Schedule is the entire Agreement between you and us and is governed by the laws of England and Wales.

[sb1]We’ve added this incase people cancel a direct debit after having work done.

[sb2]Just changed this wording to relate to the offering a little more closely