Terms and conditions covering annual services for heat pumps (“Annual Service”)

1.1. You can find everything you need to know about us, Vaillant Group UK Limited, and our services on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order via email.

• We only accept orders once they have been clarified.
• Sometimes orders do get rejected.
• We do take a charge when you place the order.
• The cost of the Annual Service will be split over 12 months, and you will make 12 monthly payments in equal instalments.
• We pass on increases in VAT.
• We're not responsible for delays outside of our control.
• You're responsible for making sure information you provide is accurate.
• We do charge you if you don't provide us with the full information required.
• If you purchased your service appointment online or over the telephone, you have a legal right to change your mind.
• You have rights if there is something wrong with your service.
• We can change services and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw services.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our services.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

Annual Service: the Appliance service provided, including the Deliverables, supplied by an engineer provided by us to you as set out in the Specification or as described by our Customer Service agent when you contact Vaillant Customer Service.

Appliance: the Vaillant Group heat pump for which you request the Annual Service.

Charges: the charges payable by you for the supply of the Services in accordance with clause 7(Charges and payment) the price is inclusive of the labour required to service the Appliance and VAT. It does not include parts should the Appliance be found to be faulty.

Conditions: these terms and conditions as amended from time to time.

Contract: the contract between the Supplier and you for the supply of Services in accordance with these Conditions.

Customer Service: the Vaillant Group customer support centre or third-party representatives appointed by Vaillant Group Customer Service.

Deliverables: any spares that the Supplier considers are required to undertake the Services produced by the Supplier for you.

Specification: the description or specification of the Services provided by the Supplier to you but in any event to include:

i) one thorough performance and function check to the Vaillant Group appliance, to include the visual checks, checks for obstructions, temperature checks, diagnostic checks, pressure, and electrical checks.;

ii) minor adjustment of mechanical components, tightening of joints or lubrication of moving parts; and

iii) replacement of non-functional or serviceable components, to include, gaskets, screws and seals; and

b) The annual service is provided with a 30-day recall on workmanship which is associated with the actions that are undertaken during the annual service e.g. Settings adjustment, adjustment/lubrication of “non-moving" parts.

Supplier: Vaillant Group UK Limited registered in England and Wales with company number 00294316 including our engineers (“We” “Us” “Our”).

4.1. When you make a request for an Annual Service (“an Order”) and accept these terms by setting up your monthly reoccurring credit or debit card payment this constitutes an offer from you to purchase the Annual Service. When we confirm we have booked an appointment for an engineer to attend the Annual Service this is our acceptance of such Order and accordingly a contract is formed. You will be sent an Order confirmation which will set our payment terms including frequency and amount of payments due.

4.2.Cooling off Period: For most of our services bought online or over the telephone, you have 14 days after the date we confirm your order to change your mind about a booking, but you lose the right to cancel any service if the engineer attends and/or completes your Annual Service before the 14 day period has expired.

4.3. How to let us know and what happens next. If you change your mind within the Cooling off Period, contact our Customer Service Team at: https://www.vaillant.co.uk/contact/contact/ . We will refund you as soon as possible and within 14 days of you telling us you've changed your mind. We will refund you by the method you used for payment and we will not charge a fee for the refund. You will not be entitled to the Annual Service and your contract will be cancelled.

5.1. We will complete the Annual Service in accordance with the Specification in all material respects.

5.2. The Appliance must be:

(a) used for domestic purposes only.

(b) be in good working order.

(c) located in the UK within a qualifying postcode. Non-qualifying include: KA27 & KA28, PA20 and above, PH33 and above, HS, IV4, 6, 17-29, 33 and above, ZE, KW, JE, GY, EC and WC

5.3. Annual Services, in accordance with the Specification, shall not include:

(d) replacement of functional components such as pump, fan, compressor, internal controls, and casing.

(e) replacement of external controls and accessories.

(f) replacement of components due to accidental or malicious damage – such as casings/controls.

(g) servicing and maintenance of magnetic filter or scale reducers.

(h) components on the heating or hot water system that are not manufactured by Vaillant.

(i) defects on the appliance(s) at the time that this Contract was made.

(j) turning off or lighting up the appliance, re-pressurizing the system or setting of user controls, other than during the normal service visit.

(k) repairing work carried out on the appliance by persons other than Vaillant Service Employees or approved service agents.

(l) repairing Damage or failure caused by frost, hard water scaling, aggressive waters, flood, fire, civil disorders, natural hazards, wilful negligence, or vandalism.

(m) Work caused by the failure of the water, or electricity supply.

(n) Any work resulting from non-compliance with the instructions of Vaillant Group Ltd, or failure to take reasonable precautions protect or minimize damage to the appliance during a breakdown.

5.4. Should our engineer highlight that a repair is required, and your appliance is outside of the manufacturers guarantee, we can quote for this whilst on site.

5.5. We shall use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only. We cannot be held responsible for delays due to weather or other factors beyond our control. In this case we will complete the work as soon as it is reasonably possible. Time will not be of the essence for performance for the Annual Service.

5.6. We reserve the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Annual Service and we shall notify you in any such event.

5.7. We warrant to you that the Services will be provided using reasonable care and skill.

5.8. All Annual Services carried out on heat pumps will be in accordance with current regulations and standards and will be carried out by a suitably qualified engineer and in accordance with the manufacturer’s instructions.

5.9. If any Deliverables are used during the provision of the Services, those Deliverables are guaranteed for a period of 12 months (against defective material/fault workmanship) and shall be replaced free of charge, including any associated labour and callout fees.

5.10. The workmanship provided during the Services shall be guaranteed for a period of 30 days, e.g. minor adjustment of mechanical components, tightening of joints or lubrication of moving parts provided that any suspected defect is report to the Supplier.

6.1. You shall:

(a) ensure that the terms of the Order and any information you provide to us is complete and accurate;

(b) ensure that you provide us with up-to-date contact details including telephone number, address and email;

(c) ensure that you provide us with accurate details in respect of the Appliance. If you change your Appliance, you must advise us so we can assess whether it can be covered under this Agreement;

(a) co-operate with us in all matters relating to the Annual Service;

(b) provide us, our employees, agents, consultants, and subcontractors, with access to your premises and other facilities as reasonably required by the Supplier. Please note that there must be someone aged 18 or over present during the engineer’s visit to carry out the Annual Service;

(c) ensure parking is available for the us at your premises;

(d) provide the us with such information and materials as we may reasonably require in order to supply the Annual Service and ensure that such information is complete and accurate in all material respects;

(e) prepare your premises for the Annual Service and ensure access to all components, for example, roof scaffolding or access if required;

(f) obtain and maintain all necessary licences, permissions and consents which may be required for the Annual Service before the date on which the Annual Service is due;

(g) ensure that whoever is present at the property for the Annual Service has authority from you to give instructions to our engineer. If you are the tenant at the property, you may be required to provide the consent from your landlord to give instructions to our engineer;

(h) comply with all applicable laws, including health and safety laws;

(i) provide a stable working platform; and

(j) comply with all instructions from us for any remedial works required for the Services to be carried out i.e. flushing the system of the Products before spare parts can be fitted.

6.2. If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):

(a) without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Annual Service until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays our performance of any of our obligations.

(b) It will be your responsibility to re-arrange an alternative date for the Annual Service;

(c) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 6.2; and

(d) you shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from your Default.

7.1. Payment will be taken from you when Services are agreed by the Supplier (where charges are due for Services outside the warranty period of a specific product) at the times and in the instalments set out in your order confirmation. Time for payment shall be of the essence of the Contract.

7.2. If we are unable to collect a payment from your bank or building society we may attempt to request payment again unless you advise us otherwise. When you have paid the monthly fees for the number of consecutive months detailed in your order confirmation, no further payment will be taken.

7.3. Without affecting any other right or remedy available to it, we may suspend the Annual Service under the Contract or any other services under a contract between you and us if you fail to pay any amount due under the Contract on the due date for payment.

7.4. Any additional services or Deliverables that are required, as per clause 5.4 above, shall be invoiced to you on completion of the Services and you shall pay the invoice within 30 days of the date of the invoice in full and in cleared funds to a bank account nominated in writing by the Supplier.

7.5. Any Deliverables used during repair or service work remain the property of the Supplier, until payment has been made of the price, in full, plus VAT. Legal title to the Deliverables will pass upon payment.

7.6. The Supplier reserves the right to charge an abortive call out fee of £98 where:

(a) you fail to comply with the requirements set out in clause 6;

(a) where the appliance is deemed beyond economical repair or obsolete;

(b) problems related to poor central heating system water quality or the problem is external to the appliance itself (circulation pumps/motorised valves/system, controls/cylinders etc.)

(c) our engineer be unable to gain access to the appliance;

(d) where parking is not available; or

(e) a fault is found which prevents an annual service taking place.

7.7. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8.1. How we use any personal data you give us is set out in our Privacy Notice: https://www.vaillant.co.uk/about-vaillant/privacy-policy/ .

9.1. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

(a) 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).

(a) Caused by a delaying event outside our control. As long as we have taken the steps set out in the clause 5, we will not be responsible for delays outside our control.

(b) Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

(c) A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

9.2. In particular, we do not undertake to reimburse any costs incurred by you or any third party making themselves available at the premises to allow work to be carried out.

9.3. The Supplier has given commitments as to compliance of the Services with relevant specifications in clause 5. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

10.1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

10.2. Assignment and other dealings.

(a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

10.3.Confidentiality.

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.3(b).

(b) Each party may disclose the other party's confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

10.4. Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

10.5. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

10.6. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

10.7. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

10.8. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

10.9. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

10.10. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.