Care Plan Terms and Conditions
Please read carefully
These Terms & Conditions are part of the contract between you (The Customer) and Ableforce Services Limited.
Ableforce or we/us: means the supplier of Goods and Services, Ableforce Services Limited, registered in England and Wales with a company number 08772044.
Annual Boiler Service: an annual service of your gas Boiler and Systems(including such repairs and replacements as described in these terms)to check they are safe, efficient and comply with the relevant laws and regulations.
Approved Products: a list of the Boilers or parts that we can repair or replace.
Authorised Representative: any person that you have authorised to action your behalf and provided us with details of, for the purposes of this Contract.
Boiler: An appliance located at the domestic property that heats the hot water and/or heating by Gas. A single natural gas boiler in your Home that is designed for domestic use and has a heat output capacity of up to 70kW.
Business Day a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
Customer or you/your: means any Customer who purchases Goods and Services from Ableforce who is responsible for any costs incurred.
Engineer: a suitably qualified representative of Ableforce or their appointed subcontractor.
Force Majeure: Means any circumstances beyond our reasonable control for example strikes, industrial actions, lock outs labour shortages, material shortage and traffic delays.
Heating System: The heating system includes hot water cylinder, heating pipework, pump, motorized valves, radiators, radiator valves, programmer/timers, cylinder stat, room stat, pressure controls.
Initial Boiler Service: an initial service of your Boiler to check that it is working and installed properly and to ensure it means our criteria to allow us to continue to offer your selected Care Plan.
Plumbing System: The plumbing system includes, Hot and cold water pipes, Cold water tanks, Ball valves and float valves, Stop cocks and gate valves and above ground drainage.
Pre-Existing Faults: any problems with the Boiler that we determine existed prior to commencement of your Contract.
Services: means the Care Plan
Service plan: Refers to the type of plan that you have chosen to take out reference to clause 2 for full details of what the plans are.
Start Date: The date that is stated on the contract as the start of the service plan.
Terms and Conditions: means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by Ableforce
2.1 These Terms and Conditions shall apply to all contracts for the supply of a Care Plan by Ableforce to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Ableforce.
2.3 The Customer must notify Ableforce of any variation to the Proposal and Ableforce (if it agrees the variation) reserves the right to adjust the price accordingly.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Ableforce may be entitled in relation to the Goods and Services, by virtue of any statute, law, or regulation.
2.5 A reference to writing or written includes email.
Details of all our plans and what they contain, can be accessed on our website using the following link https://www.ableforceservices.co.uk/care-plans/
4.1 The Order constitutes an offer by the Client to purchase the Care Plan in accordance with these Conditions.
4.2 The Order shall only be deemed to be accepted when we have visited your property to carry out an initial service of your Boiler or you have accepted our proposal via our website or email, at which point we will be able to confirm (by verbal and/or written communication) if we are able to offer our services. If we are able to offer our services, at such point, and on which date the Contract shall come into existence, which we will also confirm in writing to you.
4.3 Any samples, drawings, descriptive matter, or advertising issued by the Supplier and any descriptions of the Goods or illustrations, or descriptions of the Services contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
4.4 If we are unable to accept your Order, we will inform you of this in writing and you will be charged for the initial service put as per our boiler service cost on our website found here https://www.ableforceservices.co.uk/rates/ . This might be for various reasons, including (but not limited to) that your Boiler or heating system does not meet the minimum requirements to be eligible for the Services.
5.1 The terms of our Care plans cover your boiler, plumbing and heating only and are subject to any and all limitation specified within these terms.
5.2 We will require gas and electricity at the property in order for us to carry out any checks. You must inform us before arrival if this is not the case as this will result in an aborted visit fee.
5.3 Initial Boiler Service – Your boiler is required to pass an initial boiler service by one of our engineers, prior to us being able offer you our Care Plan Services (see clause 4.2). We aim to complete this within the 30 days of you contacting us. At the Initial Boiler Service our engineer will check that your Boiler is in good working order, on our Approved Products List and was installed according to manufacturer’s instructions. We will also check that Boiler or System are working and do not have any Pre-Existing faults, that would prevent you from being offered our services.
5.4 If, following the Initial Boiler Service your Boiler has passed the criteria to allow us to provide our services, then your Care Plan will continue for the remainder of the 12 month agreed contractual period.
5.5 If, following the Initial Boiler Service, our engineer deems that your Boiler does not fit the criteria, to allow us to offer our Care Plan services, our agreement will come to an end and you accept that you will be liable to pay the fee detailed on our website found here https://www.ableforceservices.co.uk/rates/ to cover the Initial Boiler Service. If we have not already received the payment, we will require this within 7 days.
5.6 Please note that an Initial Boiler Service will not be required where we have installed a new Boiler for you in the 12 months prior to the start date or we have already carried out the last Initial Boiler Service or an Annual Boiler Service at your address in the previous twelve months.
5.7 Annual Boiler Service – Your Service Package includes an Annual Boiler Service (in addition to the Initial boiler Service, where applicable, see clause 5.5) and this may require us to test the gas produced by your Boiler or adjust and clean the Boiler. Once complete, our engineer will produce a checklist to show you what we have checked for the purposes of this Annual Boiler Service. Please note that once we have carried out the initial boiler service we will not carry out another one within 12 months period.
5.8 Arranging you Annual Boiler Service – In order to arrange this, the following will apply:
5.9 The Annual Boiler service will include the following:
5.10 The Annual Boiler service does not include the following:
5.11 Acceptance onto one of our service plans does not imply that the boiler, heating system or plumbing system is installed to the relevant standards, and we will not accept liabilities arising from the original design or installation and so make no warranty as to the fitness for purpose.
5.12 We are not responsible for delays outside our control (including delays for parts from suppliers). If our performance is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and if applicable book a new appointment.
5.13 We may fit replacement parts that are not exactly the same as the defective part(s), but we are satisfied are of adequate quality.
5.14 Condition of and replacement parts – we will be the sole arbitrators as to the assessment of what is required and deemed reasonable. Where a radiator requires changing, we will only attempt to repair a radiator and the supply and install of a new radiator is not included. Designer radiators and towel rails will be attempted to be repaired but are not covered for replacement. Boiler heat exchangers that have been damaged by debris, sludge or scale will not be covered for either parts or labour. New Parts will only be fitted where old ones are beyond reasonable repair. We will be the sole arbitrators as to the assessment of what is required and deemed reasonable.
5.15 Boiler replacement – If your boiler is under 7 years of age and deemed beyond economic repair, we will (where applicable) replace the boiler like for like (please check your package for details). We will need to see proof of the original date of installation. For boilers over 7 years a loyalty discount will be applied to the cost of fitting a new boiler, which will not be covered under the terms of the Care Plan.
5.16 If parts we have installed by Ableforce are found to be faulty we will replace them under a 12 month warranty (which commences from the date of installation).
5.17 If our engineer recommends any remedial or maintenance works to be carried out during the course a boiler service or breakdown, any such repairs must be carried out within 28 days of notification or further claims may be rejected.
5.18 As boilers get older, for many reasons they can become noisy. Where we deem that the noise is as a result of the age of the appliance, we will not class this as a fault and is not covered under any plan.
5.19 System flushing – If we recommend that your heating system requires a flush, this will not be covered under your plan, but we will provide you with a quotation for the cost. Once the system is cleaned we will continue with any service plan in place.
5.20 Where you instruct us to undertakes the remedial work to remove the sludge and scale from your system, we will quote for the costs to replace any associated faulty components.
5.21 If you choose to instruct an alternative company to carry out the remedial work to remove sludge and scale from your system, any faulty parts required that are associated to sludge and scale will be deemed chargeable.
5.22 Access – We are not liable for any repairs to which we cannot gain reasonable access at your property. The removal of any obstructions will be at our sole discretion, and we reserve the right to charge you at our standard rates for doing this. We may insist that you arrange for the obstruction prior to us carrying out the repair. We will not be held liable for any making good, unless it is due to our negligence.
5.23 If a leak from internal pipework is discovered by you and is not directly accessible, the leak must be traced and exposed prior to our engineer’s attendance. We will be unable to repair the fault until you have traced the leak and arranged for access to be made.
5.24 In some circumstances, despite our best endeavours, we may be required to suspend the services, in order to deal with technical problems or make minor technical changes, update the Services to reflect changes in relevant laws and regulatory requirements; and make changes to the Services as requested by you or us.
5.25 Your Care Plan Package does not include any improvements or upgrades. Which are required or recommended. Where we have told you that an improvement or upgrade is necessary, we may stop providing the Services until such work has been carried out.
6 Length of Contract
6.1 The length of the contract for the Care Plan will be for a period of 12 months commencing on the start date.
6.2 The contract will auto-renew for a further 12 month period on each 12 month anniversary, unless you provide us with written notice, at least 14 days prior to the renewal date or we provide notice of our intention to cancel the contract.
6.3 There is a 14 day exclusion period from the initial policy start date (see exclusions, clause 13)
7.0 Price and Payment
7.1 The price for the Care Plan Services. The price of the services will be the price agreed at point of sales and at renewal and information can accessed on our website at https://www.ableforceservices.co.uk/care-plans/ .
7.2 Excess – We are able to offer you the choice of taking out an excess on your policy, to assist in reducing your monthly cost, details of which can be found on our website.
7.3 At renewal we may change your price to reflect, for example, your claims experience, changes to product features, legal/statutory/regulatory changes or to cover the costs of administering and operating your agreement. In such circumstances we will notify you of any changes to the price of your Contract.
7.4 If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
7.5 You can pay for your Contract yearly or monthly by card payment/direct debit.
7.6 If the customer is not present when the Engineer attends at the agreed time, Ableforce reserve the right to charge the customer an aborted visit cost, details of which can be found https://www.ableforceservices.co.uk/care-plans/
7.7 If the customer requires Ableforce to attend to for a breakdown that is not included in the Care plan, the customer will be liable to pay the applicable fee, which can be found https://www.ableforceservices.co.uk/care-plans/
7.8 If you book us to provide a repair (which is not covered on your Care Plan) we will ask to pre-authorise your debit or credit card for any Call Out Fee to the repair. If you are a landlord, the pre-authorised credit or debit card Call Out Fee can come from your tenants, letting agents or other party you have chosen as your representative. We will not put the charges through until after we complete the repair.
7.9 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 5% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
8.0 Requesting Assistance
8.1 You can call us 0330 122 0076 to request assistance. Our telephone lines are open 24|7.
8.2 If you have an emergency, you are obliged to notify us within 24 hours of it occurring to provide details of the situation.
8.3 We will initially give assistance to you on what actions to take to protect yourself and your property. Please do not make arrangements yourself without prior authorisation from us. If you do, we will not reimburse any costs you may incur.
8.4 All claims must be made directly to us and not to an engineer, otherwise the work will not be covered by your agreement.
8.5 Failure to notify us of the emergency within 24 hours may invalidate your claim or incur an additional payment.
8.6 If we accept your claim, we will discuss with you by telephone, email, or text what assistance we are able to provide and when. An appropriate appointment will then be made.
8.7 We will try to ensure that your repair or assistance is delivered on the shortest possible timescale. If, however exceptional events occur which are outside of our control (for example, adverse weather or government health restrictions) which cause delays for our engineer from attending your property, we will keep you informed. Time is not of the essence of the contract.
8.8 If you need to reschedule a repair or assistance, you are obliged to provide us with at least 24 hours’ notice. Failure to do so may incur a fee, details of which can be found on our website (as minimum one of charge dependent on service) https://www.ableforceservices.co.uk/rates/
8.9 We accept no liability or responsibility for any losses incurred as a result of delayed, rearranged or cancelled
9.1 In order to discuss your Care Plan, you can do so by contacting us in writing, by e-mail or by calling the customer helpline.
10.1 If you wish to cancel your contract with us, you are at liberty to do so providing you do the following:
10.2 If you cancel during the period of your contract, you will be liable for and required to pay the remainder of the 12 month contracted period (subject to clause 10.3).
10.3 If you cancel within your 14 days cooling off period (from the start of your contract) we will cancel your contract from the date we receive formal notification from you and we will refund you for the whole amount you have already paid, if we have not carried out any work under your contract. Please note that if work has been carried out in this period, we will charge you for this work (which you are liable to pay) by deducting it from the amount you have paid but if your payment does not cover the required amount we will send you an invoice for the remainder which will be payable within 7 days.
10.4 Your contract will automatically renew for a further 12 month period, on each 12 month anniversary of the contract start date. If you do not wish for this to occur, you are required to provide us with 14 days cancellation notice, in accordance with clause 10.1.
11.1 We may cancel your contract immediately if any of the following arise:
11.2 We may cancel your contract prior to the automatic renewal by giving you 14 days’ notice in writing.
12.1 Nothing in these terms will affect your legal rights.
12.2 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
13.1 Our Care Plans DO NOT include the following:
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
17.1 All calls may be recorded for training and quality purposes.
17.2 Time Keeping. Every effort is made to arrive at a job at the time and date agreed with you, however we cannot accept liability for arriving late or for the late delivery or failure to supply materials.
17.3 You personally will be deemed to be our customer unless it is made clear to us who the customer is, and we have confirmation that you have the right to instruct us on their behalf.
17.4 You will be tied to these terms and conditions upon ordering us to carry out the works you will then be tied to the terms and conditions of the contractual agreement.
17.5 If we are doing work at your rented property on behalf of a landlord you the tenant has to be bound by the terms of the contract and if for any reason whatsoever the landlord refuses to pay you the tenant will be liable to pay and reclaim all cost back from your landlord.
17.6 Materials purchased as a result of work you instruct us to undertake will be charged to you if you later cancel. Charges will be those of our normal terms and conditions.
18.3 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 breach or default. 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.
18.4 No partnership or agency – Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
18.5 Entire agreement
18.6 Assignment and other dealings
18.7 Covid – Ableforce cannot accept any responsibility for anyone contracting Covid-19 as a result of having a boiler installed by Ableforce. All of our engineers are advised of health & safety measures required before, during and after a visit to a customer’s property. Health & safety of our installers and customers is of paramount importance to Ableforce.
We ask all customers to take precautions to avoid any unnecessary contact with your engineer on the day of installation. It is advisable to move any occupants/pets into one room for the duration of your installation, or, if convenient, to leave the property and keep social distance at all times. We advise that you thoroughly clean your property after installation. Please take advice from the government’s website for Health & Safety advice.
19.1 In the event that you have any disputes in relation to Goods and Services purchased from us by you, then both parties shall use reasonable endeavors to resolve the dispute in good faith either, or via our Customer Service Team (who can be contacted by email firstname.lastname@example.org at or alternatively you call them on 0330 122 0076).
19.2 However, should any disputes not be resolved to your reasonable satisfaction, you have the option, as per the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (“ADR Regulations”) to use Alternative Dispute Resolution (“ADR”) to resolve your dispute with us. ADR will allow both parties to use an independent third party to review any disputes impartially and act as an intermediary with the view to settling any disputes between us.
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