Care Plan Terms 1.1
We have tried our hardest to make these Terms and Conditions clear and fair but if there is anything you do not understand or have questions about please get in touch with us before agreeing.
About these Terms and Conditions
Section A sets out the defi nitions used throughout these Terms and Conditions Section B relates only to Care Plans Section C sets out the General terms for the Care Plans Section A – Definitions a. Website – refers to the latest version of Freefl o’s website as amended by any information We supply to You before or after You apply for Your care plan or accept Our Estimate for any Services. (We will give You at least 28 days’ notice of our intentions to make changes to Your plan including Your Plan Fees. Any increases in charges will only be implemented in the month after We carry out Your next regular boiler service.) b. Call-out Fees – means the per incident fees payable, in respect of any maintenance callouts under Your Plan. These fees are payable in addition to the monthly fee for the Plan shown on the Website.
- Fee’s – means the fees payable to Us by You for the provision of the Works as set out on the Website, Call-out Fees or Our Quote, as applicable.
- Care Plan – means the service or maintenance care plan as describe in this pack and on the Website which You have made a successful application to become a member of, and in respect of which Your membership hasn’t been terminated.
- Estimate – means any estimate which We issue to You and You accept, as well as any changes to that Estimate which We and You agree or confirm verbally, in writing or by email f. We, Us and Our – refers to Freeflo and/or Freeflo Care which has an office at 91 Canterbury Rd, Margate, Kent, CT9 5AX
- Works – means the works to be carried out by Us for You, in accordance with a Plan or Estimate as applicable h. You and Your – refers to you, the person whose application to join a Care Plan has been accepted by Us and/or You, the person who has asked Us to carry out Works in accordance with an Estimate.
Section B – Conditions only applicable to Care Plans 1. Care Plan Eligibility a. You can apply for the Care Plan of your choice if:
- i) You have a domestic (up to 50Kw) condensing gas central heating boiler
- ii) You live in a CT 7,8,9,10,11,12 postcodes
iii) You are the owner or occupier of the property You want Us to cover
- iv) Your boiler and/or any other services You want Us to cover are safe and in good working order (see paragraph 3 below) b. At Our discretion, We can provide a bespoke quote for Your plan if your property is situated outside agreed postcodes. We reserve the right to quote a higher price than the Fees shown in this pack and the Website in such cases and in any other situation where the set-up in Your home will make it more difficult or expensive for Us to service or maintain Your heating system.
- If ownership of dwelling changes the new owner of the dwelling shall retain the benefit of the Contract so long as the payments due are maintained. Refunds will not be available however for the unexpired part of the contract.
- We reserve the right to refuse any application for a Care Plan without giving a reason
- Inclusions and Exclusions
- A definitive list of what is and is not included in each Care Plan is set out in this Pack and the Website.
- In addition to the exclusions contained within the description of each Care Plan set out in this Pack and the Website, the following exclusions apply to all Care Plans:
- i) Any inadequacy attributing to original installation or design of the system.
- ii) We will not be held responsible for consequential damage or loss occurring as a result of a defect in the central heating system unless attributable to our negligence. If attributable to our negligence, notification must be given in writing with full details within fourteen days of the incident.
iii) Any damage due to the failure of water, gas or electricity supply.
- iv) Any work including descaling that may arise due to hard water scale deposits or aggressive water supply. v) Mechanical breakdowns due to sludge build-up within the system.
- vi) Removal of products of corrosion from within the system.
vii) Should the heat exchanger or heat bank fail, this will deem the boiler to be beyond economical repair. xiii) Any building work for the investigation of faults and/or following repair.
xiv) Any faults present at the time of signing the initial contract.
- xv) Any callouts deemed to have been pre-existing to the commencement date of the Maintenance Plan and within the first three months of the Contract will not be covered and may incur a charge for the callout and any parts required, at our current rates, variable to the day and time of the callout.
xvi) Replacement of flues.
xvii) The replacement of decorative parts.
xviii) Consumer durables (eg. batteries, filters, seals, gaskets, inhibitor, fuses, and igniters).
xix) Heating appliances such as kick space heaters, fan assisted radiators, towel rails, designer radiators e.g. column radiators, school radiators, dual fuel kits, immersion heaters, primatic cylinders, custom made cylinders, un-vented cylinders and thermal stores, underfloor heating systems and/or specialist heating. Radiants and glass fronts on back boiler fires.
- xx) Cylinders with a volume greater than 40 gallons or 182 litres and boilers with a heat output greater than 42 kilowatts and pipework greater than 28mm diameter.
xxi) Removing asbestos associated with repairing the central heating appliance/system. When you have had any asbestos removed, you must give us a clean-air certificate before we will do any further work at your property. By Law, the person who removes the asbestos must give you a clean-air certificate.
xxii) Commencing and/or continuing services where we reasonably consider that there is a Health and Safety risk including; the presence of hazardous materials; infestations; or harassment of our personnel including verbal or physical abuse. We will not recommence work until the Health and Safety risk has been rectified to our satisfaction.
- If You need work or repairs carrying out that are not covered by Your Care Plan, We will provide an Estimate for parts and labour at Our standard hourly rates. There is no obligation to ask Us to proceed.
- There is a 28 day exclusion period for any callouts on the Care Plans. If You renew before the expiry of the Care Plan, the exclusion period does not apply after the first year of cover.
- Limitations of Cover
- We cannot cover any faults that arise with Your covered services during the first 28 days of any Care Plan, unless We installed the equipment and have maintained it ever since.
- Despite regular servicing, equipment sometimes fails, and this can damage other items in Your home. We cannot cover the costs of repairing or replacing these items unless the equipment covered by Your Care Plan failed because We did not service or maintain it properly.
- The Acceptance of a Central Heating System onto a Care Plan does not imply that the system is installed to the relevant standards and We will not accept any responsibility for any inadequacy arising from the original design or installation, and so make no warranty as to fitness for purpose or condition. If a system is incorrectly installed or unfit for use, We reserve the right to terminate the Contract. The Care Plan is specific to the boiler installed in the property at the commencement of the Care Plan, should the boiler be changed during the term of the Care Plan We must be informed immediately in writing. We reserve the right to terminate any Care Plan, in this instance, without reimbursement of payment. Should a breakdown / repair/ service be required on a boiler that has been changed since the commencement of the Care Plan without notification to Us, We reserve the right to charge for any Call-Outs at our standard rates. We shall not be liable to fulfil its obligations under the Contract if subject to industrial dispute or force majeure. We may not be held responsible for any delay in provision of spare parts by suppliers and thus no compensation is payable should this occur. We may supply and fit replacement parts and components which are adequate but not the same as defective parts.
- Call-Out Fees
- Call-out Fees are per incident. Accordingly, if We need (or You ask Us to carry out) Works which are unrelated to those We were called out to deal with, We reserve the right to charge a second Call-Out Fee. We may also have to schedule a repeat visit to deal with the unrelated Works if they are not urgent.
- If We are unable to gain access to the relevant part of Your property at the time We have previously agreed with You, or if we consider that it would be unsafe for Us to do so, We will be entitled to charge a second Call-Out Fee for any re- arranged visit.
- If You cancel Your Care Plan, no refunds will be payable by Us, except where cancellations are made under paragraph c below. You are free to cancel at any time as there is no minimum contract period and no cancellation fee, You or We must notify each other in writing with a minimum of 28 days’ notice. To cancel, please email Us at email@example.com or write to Us at 91 Canterbury Rd, Margate, Kent, CT9 5AX b. In the event of cancellation of the contract within 12 months of its inception/renewal, we reserve the right to charge, at standard rates, for any work carried out. All contracts are reviewed annually, and we will upgrade the level of cover at the expiry of any manufactures guarantee period (if applicable) to ensure a consistent level of cover.
- If you cancel any Care Plan within the first 28 days of Your membership, provided You haven’t called Us out to do any work under it, We will refund in full all sums paid by You under the Care Plan. To exercise the right to cancel, please either email us at firstname.lastname@example.org or write to Us at 91 Canterbury Rd, Margate, Kent, CT9 5AX Section C – General terms of the Care Plans a. Boiler Replacements – should the boiler be beyond repair and parts be deemed obsolete by the boiler manufacturer or to be beyond economical repair, a loyalty discount will be applied to the cost of a new boiler supplied and installed by Us. This loyalty discount will be based on the number of years the Contract has been running and the number of Call-Outs You have on record.
- Replacement Parts and Components – will only be fitted where old ones are beyond reasonable repair. We will be the sole arbiter as to the condition of components.
- Noisy boilers – as boilers become older, for various reasons they may become noisy. Where age is the sole reason for noise, We do not consider this a fault and it is not covered under the Care Plan. A charge will be made for any recurring callouts relating to noisy systems, chargeable at Our current standard & weekend Call-Out Fees.
- We shall not be responsible for any repairs to which reasonable access cannot be gained and shall not be responsible for replacing floorboards, cupboards, carpets and decorations etc. which may require removal for access.
- Boiler Servicing – The service will usually be carried out during month 10 to 12 inclusive. We will not be obliged to carry out a service outside of this period as breakdown calls will be given priority. All servicing work is carried out during normal working hours Monday to Friday. We reserve the right to charge an additional cost to the standard service rate including charges for additional consumables including system inhibitor.