Terms and Conditions for your British Gas BusinessCare Agreement
Terms and Conditions for your British Gas BusinessCare Agreement
Terms and Conditions for your British Gas BusinessCare Agreement
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Under <strong>your</strong> <strong>BusinessCare</strong> agreement, weaim to provide a safe, high-quality service torepair <strong>and</strong> maintain the equipment includedin this agreement. If you have any questionsor concerns, please call 0845 778 9400.DefinitionsWherever the following words <strong>and</strong> phrases appearin these <strong>Terms</strong> & <strong>Conditions</strong>, they will have thefollowing meaning:Business PremisesThe address you have specified <strong>for</strong> Business Usewhere the System or Boiler is located.Business UseMeans the use <strong>for</strong> the System or Boiler at theBusiness Premises; the System or Boiler must besupplied gas under a non domestic gas contract.Where gas usage is mixture of domestic <strong>and</strong>non domestic, <strong>British</strong> <strong>Gas</strong> Business can only offera non domestic gas contract <strong>for</strong> all gas used if thenon domestic usage exceeds 40%.SystemRelates to the central heating system coveredunder <strong>your</strong> HeatSure agreement. Please see theattached diagram showing the central heating systemcomponents (collectively the System) included in theHeatSure agreement. Systems generally comprisea Boiler, pump, radiator <strong>and</strong> valves, hot water cylinder<strong>and</strong> expansion tank (where fitted), motorised valve(s),room thermostat(s) <strong>and</strong> programmer/timer, togetherwith the primary system composed of pipework <strong>and</strong>wiring (but excluding cold water supply pipes, hot watertaps / thermostatic mixing valves <strong>and</strong> any pipeworkassociated with these).BoilerRelates to the central heating boiler under <strong>your</strong>HeatSafe & HeatSure & HeatSure4 agreement.This agreement does not apply to Boilers which exceed70kW net input or is an unconventional burner type(<strong>for</strong> example, <strong>for</strong>ced draft) <strong>and</strong> these will not be includedin <strong>your</strong> agreement.1. <strong>British</strong> <strong>Gas</strong> <strong>BusinessCare</strong>1.1 HeatSure & HeatSure4A – What is included:This service is <strong>for</strong> maintaining <strong>and</strong> repairing a singlemains gas, wet (using water) central heating system(excluding electric systems) at the Business Premises<strong>for</strong> Business Use <strong>and</strong> includes:n An Annual Service of <strong>your</strong> System (except electricboilers <strong>and</strong> parts of the System that aren’t readilyaccessible). Please read the section ‘Annual Service<strong>and</strong> First Service’ <strong>for</strong> full detailsn A <strong>Gas</strong> Safety Record <strong>for</strong> <strong>your</strong> Boiler <strong>and</strong> up to 3additional mains gas appliances located at the sameBusiness Premisesn A customer helpline available 24 hours a day,365 days a yearn No limit to the number of call-outs to carry out workincluded under the agreementn Getting to <strong>your</strong> System (where shown), in the eventof a breakdown up to £1,000 (including VAT)n Advice about <strong>your</strong> System from the engineer,during <strong>your</strong> visitn Parts <strong>and</strong> labour if the System breaks downor needs repairThere is no age limit on <strong>your</strong> System <strong>and</strong> it does notmatter who installed it, as long as all the essentialworking parts are available <strong>and</strong> we have approved it.B – What is not included:n The cost of any specialist equipment requiredto inspect any part of <strong>your</strong> Systemn Removing sludge or hard-water scale from the Systemn Replacing <strong>your</strong> Boilern Repairing or replacing appliance flues that aren’tpart of <strong>your</strong> Boilern Repairing or replacing parts of <strong>your</strong> System <strong>and</strong>controls that are specifically designed <strong>for</strong> pipedor electric underfloor heatingn Repairing or replacing designer radiators<strong>and</strong> towel railsPlease see General Exclusions under section 2.C – Response TimesWe will attend <strong>your</strong> Business Premises within areasonable time of being in<strong>for</strong>med of a breakdownof <strong>your</strong> System. Where our HeatSure4 service hasbeen purchased as part of the HeatSure agreement,we will attend <strong>your</strong> Business Premises within 4 hoursof being in<strong>for</strong>med of a breakdown.D – <strong>Gas</strong> Safety RecordAt the same time as we carry out the Annual Service,we will carry out an inspection <strong>and</strong> issue a <strong>Gas</strong> SafetyRecord <strong>for</strong> the Boiler along with up to 3 additional mainsgas appliances at the same Business Premises.If you are a Business Use l<strong>and</strong>lord, <strong>British</strong> <strong>Gas</strong> canprovide you with the <strong>Gas</strong> Safety Record in the <strong>for</strong>mof a CP12, which is included within this agreement.1.2 HeatSafeA – What is included:This service is <strong>for</strong> an annual service only of a singlemains gas, wet (using water) central heating Boiler(excluding electric systems) at the Business Premises<strong>for</strong> Business Use <strong>and</strong> includes:n One Annual Service of <strong>your</strong> Boiler. Please read thesection ‘Annual Service <strong>and</strong> First Service’ <strong>for</strong> full detailsn A <strong>Gas</strong> Safety Record <strong>for</strong> <strong>your</strong> Boiler <strong>and</strong> up to 3additional mains gas appliances located at the sameBusiness Premisesn A customer helpline 24 hours a day, 365 days a yearn Advice about <strong>your</strong> Boiler from the engineer, during<strong>your</strong> visitB – What is not included:n Parts <strong>and</strong> labour if <strong>your</strong> Boiler needs repair. You canchoose to have extra work done on <strong>your</strong> Boiler orSystem which the Boiler operates, but you will haveto pay <strong>for</strong> the parts <strong>and</strong> labour usedPlease see General Exclusions under section 2.C – <strong>Gas</strong> Safety RecordAt the same time as we carry out the Annual Service,we will carry out an inspection <strong>and</strong> issue a <strong>Gas</strong> SafetyRecord <strong>for</strong> the Boiler along with up to 3 additional mainsgas appliances at the same Business Premises.If you are a Business Use l<strong>and</strong>lord, <strong>British</strong> <strong>Gas</strong> canprovide you with the <strong>Gas</strong> Safety Record in the <strong>for</strong>mof a CP12, which is included within this agreement.2. General Exclusions2.1 Design or existing faultsWe will not include the cost of repairs needed becauseof design faults (unless we are responsible), or faultswhich existed be<strong>for</strong>e you entered the agreement, orwhich we could not identify on our First Visit of thatparticular System, using reasonable care <strong>and</strong> skill.2.2 Third-Party or accidental damageWe will not include the cost of repairs relating to damagecaused by you or someone else.2.3 Consequential lossUnless we are responsible <strong>for</strong> it, we will not includeloss or damage to property (including any cleaningneeded) caused by the System or any part of theSystem breaking down or leaking (<strong>for</strong> example, damageto furniture caused by water leaks), including (whetherdirect or indirect) loss of profit, revenue, contract,goodwill or other financial <strong>and</strong> special loss. The totalaggregate liability of us to you or you to us shall notexceed the value of the services provided under this<strong>BusinessCare</strong> agreement. This exclusion shall not applyto death or personal injury caused by the negligenceof us or you. Any redecoration or rectification that maybe needed following our work (including works requiredto access <strong>your</strong> System) is <strong>your</strong> responsibility, unlesswe have been negligent.2.4 Normal insured risksWe will not include the cost of repairing faults,or damage caused by freezing weather conditions,subsidence, structural repairs, accident, fire, lightning,explosion, flood or storm. You should check <strong>your</strong>business insurance to make sure you have enoughcover <strong>for</strong> these risks.2.5 OtherWe will not include the following:n Systems where the Boiler exceeds 70kW net inputor is an unconventional burner type (<strong>for</strong> example,<strong>for</strong>ced draft)n Replacing the Boiler <strong>for</strong> any reasonn Improvements/upgrades - including work that isneeded to bring <strong>your</strong> system up to current st<strong>and</strong>ards<strong>and</strong> regulations. Examples of improvements includeSystem upgrades, such as adding thermostaticradiator valves, replacing parts such as flues or ventsthat do not meet current st<strong>and</strong>ards, <strong>and</strong> replacingworking radiators with improved models (these areexamples only, not a complete list). You may needto have improvements carried out be<strong>for</strong>e we are ableto complete other repairs to <strong>your</strong> Systemn Replacing or repairing parts that do not affect howthe System works or decorative or specialist partsn Resetting controls (<strong>for</strong> example, thermostats <strong>and</strong>programmers following changes due to winteror summer)n Repairing faults or clearing physical blockages(such as rubble, sludge <strong>and</strong> scale, air locks as aresult of a System design fault) if we have told youpermanent repairs or improvements are needed tomake sure <strong>your</strong> System works properly. We will onlytell you this if, in our expert opinion, it is necessaryn Removing asbestos associated with repairing theSystem. When you have had any asbestos removed,you must give us a clean-air certificate be<strong>for</strong>e we willdo any further work at <strong>your</strong> propertyn Cash alternatives <strong>for</strong> repair or maintenancen Repairing any damage caused by our work orredecorating, unless we or our agents have beennegligent or broken this agreementn Repairing or replacing any lead or central heating ironpipesn The cost of repairing damage or breakdowns causedby changes to, or problems with, the gas, electricityor water servicesn Repair or replacing building energy managementsystems3. About Your <strong>Agreement</strong>3.1 Service coverageThere are a few areas of Great Britain where we do notprovide agreements. If this affects you, we will tell youwhen you apply.3.2 Period of agreementYour agreement runs <strong>for</strong> 12 months from the date itbegins, or is subsequently renewed, until you or wecancel the agreement (see ‘Cancellation’). You maycancel the agreement in advance of an anniversary.We will contact you about renewal be<strong>for</strong>e eachanniversary with details of any change to the<strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> or price.3.3 Start date <strong>and</strong> paymentYour agreement begins when we have processed<strong>your</strong> application.3.4 Moving premisesIf the Business Premises are relocated, please notifyus as soon as possible about any change of address(we may require you to provide us with a recordof a change of address) <strong>and</strong> we can cancel <strong>your</strong>agreement or you can request that a new <strong>BusinessCare</strong>agreement commences at <strong>your</strong> new Business Premiseswhere we will arrange <strong>for</strong> a First Service (please referto section 3.5).3.5 First ServiceWe will inspect <strong>your</strong> System or Boiler to make sureit is safe <strong>and</strong> in good working order. Your serviceengineer will fill in a report to show you what he or shehas checked. We will normally do the First Servicewithin 28 days of the beginning of the agreement wherepossible. However, as we give priority to breakdowns,it can be later if there is a lot of dem<strong>and</strong> <strong>for</strong> our services.If the First Service reveals a problem, we may:n Tell you what work is needed to bring <strong>your</strong> Systemor Boiler up to st<strong>and</strong>ard be<strong>for</strong>e the agreement cancommence <strong>and</strong> what it will cost you <strong>for</strong> that workto be donen Cancel the agreement <strong>and</strong> refund any money paidexcluding the cost <strong>for</strong> a <strong>Gas</strong> Safety RecordWe will not carry out a First Service if we have alreadycarried out an Annual Service at the Business Premiseswithin the last 12 months.3.6 Annual ServiceWe will normally carry out an Annual Service at thesame time as the First Service. If we do not carry outa First Service because we have already carried outan Annual Service at the Business Premises within thelast 12 months, we will normally arrange <strong>for</strong> <strong>your</strong> FirstService, 12 months from the date we last inspectedthe System or Boiler.After that, we will carry out an Annual Service oncein every year of <strong>your</strong> agreement. We will aim to carryout the Annual Service around the same time each yearwhere possible. This will depend on our workload <strong>and</strong><strong>your</strong> preference <strong>for</strong> an appointment. As long as we canget into <strong>your</strong> Business Premises, we will always makesure we check that <strong>your</strong> System or Boiler is safe.You can also call us at any time to arrange or rearrange<strong>your</strong> Annual Service.3.7 Gaining access to the Business PremisesWe will agree with you a suitable time <strong>and</strong> date <strong>for</strong>the First / Annual Service visit to take place. Ourappointment times are 8am – 5pm (Monday to Friday).Where you ask us to complete the First / AnnualService outside of these times, such a visit maybe subject to an additional charge.We will let you know when it is time to carry outa First/Annual Service. It is <strong>your</strong> responsibilityto arrange appointments <strong>and</strong> to let us into theBusiness Premises. If we cannot gain access to theBusiness Premises, we will be unable to carry outthe necessary First/Annual Service or repair. If thishappens, we will tell you so that you may arrangeanother appointment. If you do not arrange anappointment or we cannot gain access, the agreementwill continue even though we have been unable to carryout the First/Annual Service. If, after several attempts,you have not made an appointment or we still cannotgain access, we may cancel <strong>your</strong> agreement. We willtell you in writing if this is the case.3.8 CancellationWe may cancel <strong>your</strong> agreement in thefollowing circumstances:n If you have given false in<strong>for</strong>mationn If you do not make an agreed paymentn If we find the Boiler type exceeds 70kWnet input or is an unconventional burner type(<strong>for</strong> example, <strong>for</strong>ced draft)n If we find something wrong at the First Servicen If we have advised you that permanent repairsor improvements are needed to make sure <strong>your</strong>System works properly, <strong>and</strong> that you do not followour advice within a reasonable period. This advicemay include replacing <strong>your</strong> boiler <strong>and</strong>/or any partof <strong>your</strong> Systemn If we are not reasonably able to find parts to keep<strong>your</strong> System working safelyn If circumstances arise (including health <strong>and</strong>safety issues) which make it inappropriate <strong>for</strong> theagreement to continuen If <strong>your</strong> System or Boiler is changed without ourprior approvaln If we give you reasonable notice that we aregoing to canceln If we cannot gain reasonable access to <strong>your</strong>System or Boiler due to a design faultIf we cancel <strong>your</strong> agreement, we will:n Give you a full refund if we find something wrongat the First Service which you choose not to rectify(HeatSure <strong>and</strong> HeatSure4 only)n Give you a refund based on how long is left of any12-month Direct Debit payment you have alreadymade (HeatSure & HeatSure4 only)n Not refund the cost of per<strong>for</strong>ming <strong>and</strong> producingthe <strong>Gas</strong> Safety Record (unless previously agreedotherwise with you)If you cancel the agreement with us, we will notnormally give a refund unless you permanently leavethe address where the System or Boiler is located(we may require you to provide us with a recordof a change of address). We would then normally giveyou a refund based on how long is left of any 12-monthperiod <strong>for</strong> which payment has already been made,save <strong>for</strong> any deduction made <strong>for</strong> our administrationcosts. You <strong>and</strong> we may agree to credit any refundagainst a new <strong>BusinessCare</strong> service agreementat any new Business Premises.If you cancel <strong>your</strong> agreement <strong>for</strong> other reasons(or we cancel it as a consequence of <strong>your</strong> paymentbehaviour) in any year, we may charge you an amountthat brings <strong>your</strong> total payments in that year up to theamount that would otherwise have been payablebut <strong>for</strong> the cancellation.3.9 Safety adviceWe may advise you that permanent repairs orimprovements are needed to make sure the Systemor Boiler works safely (<strong>for</strong> example, to comply with<strong>Gas</strong> Safety (Installation & Use) Regulations 1998).If you do not follow our advice, it may mean thatwe are unable to fulfil all of our obligations under theagreement. In this case, the agreement will continueto run unless you tell us you would like to cancelor if we cancel the agreement (see ‘Cancellation’).3.10 LabourThe <strong>BusinessCare</strong> agreement is with <strong>British</strong> <strong>Gas</strong>Trading Limited. The service provided under thisagreement will be fulfilled by Connaught Compliance<strong>Gas</strong> Services Ltd who employs registered serviceengineers who have appropriate qualificationsin order to ensure that the work they carry out is inaccordance with the <strong>Gas</strong> Safety (Installation & Use)Regulations 1998.3.11 Getting to <strong>your</strong> SystemWe include our cost of getting to <strong>your</strong> System or Boiler(parts <strong>and</strong> labour) up to £1,000 (including VAT) <strong>for</strong> eachbreakdown, <strong>for</strong> example, pipes or wiring buried in walls.We do not include any costs associated with providingspecialist equipment to gain access to <strong>your</strong> System <strong>for</strong>the First/Annual Service inspection (including, but notV3 May 2009