GOLDSTAR TERMS AND CONDITIONS
- THESE TERMS
1.1 These are the terms and conditions which we provide our GoldStar plan. Please read these terms carefully prior to submitting your application to us. These terms tell you how we provide services and goods to you, how we or you may change or end the contract and what to do if there is a problem or any other important information.
2.1 The Company
“The Company” means WRB Gas (Contracts) Limited (however constituted).
2.2 The Owner
“The owner” means the person entering into the contract with the Company.
2.3 The Appliance
“The Appliance” means any gas Appliance described in this schedule.
2.4 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.
2.5 Additional Appliances
Ancillary installations such as second boilers, solar panels, heat pumps, renewable equipment, thermal stores, cylinders (indirect, unvented and thermal store), fires cookers, or similar installations will be treated as additional appliances Prices for the inclusions of such ancillary installations are available on request.
2.6 Breakdown or Failure
“Breakdown of Failure” means the cessation, or substantial impairment of the normal heating or domestic hot water services caused by the breaking, burning out, wearing out and maladjustment of any part of the Central Heating System or its cessation to function reasonably efficiently.
2 PERIOD OF AGREEMENT
The period of agreement is made for the period overleaf.
3 ANNUAL VISIT (does not apply to warranty period)
The Company agrees that, in consideration of the advance payment referred to, they will once during the period of the contract, carry out the following service in relation to the Central Heating System described in this schedule:
- Check that the gas carrying components of the gas-controlled devices of the Appliance are operating satisfactorily, and if the Company considers it necessary, clean and adjust them, and
- Inspect the burners and flueways of the combustion chamber and heat exchanger of the Appliance and clean them whenever necessary, and
- Check the remainder of the Central Heating System is operating satisfactorily and adjust or repair such parts as necessary.
The exact date and time when the Company will carry out the service described above will be at the service outside its normal working hours, the owner will pay the Company’s additional charge for out-of-hours service.
4 FAILURE OR BREAKDOWN
The Company agrees they will within a reasonable time of the owner notifying them that the Central Heating System has broken down or failed, carry out for the period of the agreement the following service, namely the making good of any repairs and the fitting of any replacement parts, provided that:
- If any part of the Central Heating System which the Company is liable to replace becomes obsolete or unobtainable, the Company may supply and fit adequate replacement parts which are not the same as parts being replaced, and
The Company shall not be held responsible for any delay in the provision of spare parts by suppliers.
- EXCLUSIONS AND ADDITIONAL CONDITIONS
The following outlines conditions and exclusions from this Contract, and if such works are carried out the Owner will be liable for a separate charge:
5.1 Turning off or lighting up the Central Heating System and adjustment of time switches, controls etc., except in connection with a breakdown or failure of the System.
5.2 The replacement of decorative parts, trims, lamps, batteries, flue guard baskets or such consumable items as re-treatment of Systems by corrosive proofers.
5.3 Any work caused by or arising out of the failure of the Owner to comply with the instructions or recommendations of the manufacturer or the installer or Company, or the Owner failing to take reasonable precautions to protect or minimise damage to the System in its breaking down or failing:
5.4 Any work caused by the failure of the public electricity or water supply.
5.5 Any work caused by wilful damage.
5.6 Making good any damage or any work carried out resulting from fire, flood, lightning, explosion, storm, frost or other natural hazards, war or civil disorder.
5.7 Any consequential loss, damage or liability, no matter how incurred, unless caused by the negligence of the Company.
5.8 The Company shall not be required to carry out any work to the building, fixtures, decorations, furniture or fitments of the building in which the Central Heating is situated arising out of any cause whatsoever other than the negligence or wrongful act of the Company, their employees or agents.
5.9 If the Central Heating Boiler parts become obsolete and cannot be replaced, making the boiler unsafe to use and cannot be repaired, then the Owner would be liable for the replacement Boiler.
5.10 Requirements to de-scale or de-sludge any pipework, radiators or boilers, thermal stores, un-vented cylinders etc. associated with the heating System or any additional pipework within the property.
5.11 Domestic hot water storage tank, cylinder or any pipe or fitting associated with the domestic plumbing system
Domestic hot water cylinders (unvented, indirect, thermal store) can be covered as an extra appliance as per section 2.5
5.12 The electrical supply up to the isolating switch for the Appliance, or the means of conveying or storing hot water from the Appliance or hot water cylinder to the hot water taps.
5.13 Specialist heating controls (such as Hive, Nest, Sangamo etc) are only covered in instances where the Company have provided and installed such controls purchased from us by the Owner.
5.14 Our obligations to you under the plan covers repair and maintenance only. Unless expressly mentioned in these terms and conditions our plan does not include any improvements to The Appliance, The Central Heating System, drainage or plumbing systems.
5.15 Pre-existing faults. We will not cover any faults or fault designs that:
- Were already there when your boiler, appliance or system was installed
- Existed when you first took out GoldStar
- We’ve told you about before and you haven’t fixed, or, in the case that the work has been completed by a third party, where the work has not been completed to a satisfactory standard.
- We couldn’t have reasonably been expected to know about before. For example, faulty pipes that don’t have the correct protection, which are buried under concrete floors
- Or, prevent access because a part of your system has been built over.
- ALTERATION OF THE CENTRAL HEATING SYSTEM
If during the period of this contract, the Owner wishes to carry out alterations to the Central Heating System, the Owner shall contact the Company to be given a quote for any alterations required.
Any alterations carried out by a third party that causes damage or has not been carried out properly will not be covered to put that right.
- CURVED OR DESIGNER RADIATORS
If your product includes cover for central heating it doesn’t include a replacement of curved or designer radiators.
We can either:
- Replace it with a standard radiator
- Or, install a curved or designer radiator that you’ve bought yourself, in which case we only accept responsibility for our workmanship, not any manufacturing faults in the radiator itself By designer radiator we mean a radiator of particular artistic design or intricate shape or made from materials such as glass, marble, stone, wood or cast iron.
8 SERVING OF NOTICES
Any notice served by the Company on the Owner hereunder shall be deemed to be properly served if addressed to the Owner’s last known address or the address at which the Appliance is situated.
9 PAYMENTS AND RENEWALS
The Owner is required to make payment annually and in advance. Prior to the expiry of the contract, the Owner may request renewal to the applicable service. Outstanding balances of contracts which are paid monthly by direct debit must be made in the event of cancellation by The Owner. Any bank or interest charges incurred by The Company as a result of a default in payment will be passed on to the Owner. The Company reserves the right to withdraw all services until the account is paid in full.
- CHANGES OF OWNERSHIP (Transferable)
If the Ownership of the Central Heating System changes, the new Owner shall have the benefit of this contract for the remainder of the period for which the contract is current, provided that the new Owner shall have signed and returned to the Company a copy of this Contract or a letter confirming the acceptance of the terms and conditions.
The Company maintains the right to employ any sub-contractor they may nominate to carry out any works for which they are liable under the contract.
If the Owner fails to comply with any obligation under this contract, the Company may terminate this contract forthwith by serving notice in writing.
13.1 Your Cancellation Rights
You may cancel any Agreement you have with us at any time provided you notify us by calling 01382 203040 or by writing to us at WRB Gas, Utilities House, 40 North Ellen Street, Dundee, DD3 7DH. Cancelling your Direct Debit without notifying us will not cancel your Agreement with us.
If you cancel within the first 14 days (starting from the day after you receive written confirmation of your Agreement with us), we will give you a full refund of any money you have paid, unless we have carried out a service or repair in which case cancellation charges may apply (see section 13.2).
If you cancel after the first 14 days (starting from the day after you receive written confirmation of your Agreement with us), you will be subject to a cancellation charge.
13.2 Cancellation Charges
- Service – £50
- Cancellation Charge – £75
14 LIMITATIONS OF OBLIGATIONS
The Company shall not be liable for any failure to perform their obligations under this contract if they are prevented from doing so by any use deemed beyond their control (including all industrial disputes, strikes, lock-outs, fire, accidents, war or force majeure).