Service Engineer Terms and Conditions

SERVICE ENGINEER VISIT TERMS AND CONDITIONS RESIDENTIAL

10.08.2020

1.            THESE TERMS

1.1.         What these terms cover. These are the terms and conditions under which we provide maintenance and repair services (as defined in the Schedule) to you (the Terms). We may change these Terms from time to time.

1.2.         Why you should read them. It is important that you read these Terms carefully before you submit your appointment request.

2.            INFORMATION ABOUT US AND HOW TO CONTACT US

2.1.         Who we are. We are Bosch Thermotechnology Limited, a company incorporated in England and Wales with company number 01993294, whose registered office address is at Cotswold Way, Warndon, Worcester, WR4 9SW United Kingdom (Bosch). Our registered VAT number is 488160323.

2.2.         How to contact us. You can contact us by telephoning our Customer Contact Centre Team on 0330 123 9339 or by emailing us at appointment.worcester@uk.bosch.com or by writing to us at Bosch Thermotechnology Limited Cotswold Way, Warndon, Worcester, WR4 9SW.

2.3.         How we may contact you. If we need to contact you, we will do so by telephone, text message or by writing to you at the email address or postal address you provided to us in your appointment request.

2.4.         Interpretation of these Terms. When we use the words “writing” or “written” in these Terms, this includes emails. Unless the context otherwise requires, references to the masculine include the feminine, and the singular includes the plural and vice versa.

3.            OUR CONTRACT WITH YOU

3.1.         The maintenance and repair services, the covered Products and the charges. Our range of maintenance and repair services and the applicable charges are described in the Schedule. We only offer maintenance and repair services on heating and/or hot water appliances manufactured by Bosch and/or branded Worcester Bosch, Bosch or Buderus and/or their components which are supplied and supported by Bosch in the United Kingdom, the Republic of Ireland, the Isle of Man and the Channel Islands and subject to the Product requirements as per clause 6 (the Product).

3.2.         Your appointment request. You can make an appointment request online at www.worcester-bosch.co.uk/support or by calling us on 0330 123 9339 (open 7am-8pm Mon-Fri, 8am-5pm Sat, 9am-12pm Sun and 8am-16:30 pm on bank holidays except for Christmas Day where the offices will be closed; the opening times may be changed from time to time as notified on the website above. Please check with your network provider for costs associated with this number.

You must be aged 18 or over to purchase maintenance and repair services from us. By requesting the provision of maintenance and repair services from us you are confirming that you are aged 18 or over. We reserve the right to ask you to provide proof of age.

3.3.         EMERGENCIES. If you smell gas or are worried about gas safety, please phone the National Gas Emergencies number on 0800 111 999. Only use a mobile phone from outside the property. The number is available 24 hours a day.

3.4.         Information provided by you. Please ensure that the information you submit in your appointment request is correct. Should the address, product, guarantee or fault details be incorrect or incomplete, we reserve the right to not carry out the maintenance and repair services and charge you as detailed below.

Please note that we need the exact details of your Product (product code and full serial number) in order to carry out the maintenance and repair services and select the correct replacement parts if required.

For guarantee claims, please note that we will ask you to provide evidence that the annual boiler maintenance service has been completed as this is a condition of your guarantee terms and conditions (to be found at www.worcester-bosch.co.uk/guarantee-terms-and-conditions). Non-compliance with the guarantee terms and conditions may invalidate your guarantee. If you are not able to provide sufficient evidence, we reserve the right to charge you for the provision of the repair services as per the Schedule. 

3.5.         How we accept your appointment request. Your appointment request constitutes an offer to purchase maintenance and repair services from us in accordance with these Terms. We may accept or reject your appointment request at our absolute discretion. The arrangement of a service appointment by us is the acceptance of your appointment request at which point a binding contract shall come into existence on these Terms. 

3.6.         If we cannot accept your appointment request. In this case, we will inform you either via telephone, text message, live chat or email.

3.7.         The arrangement of a service appointment. We will endeavour to schedule the service appointment with one of our engineers or approved service partners for the earliest or most convenient time. Service appointments will be arranged to take place during our normal working hours (7am to 6pm Monday to Saturday except bank holidays) unless specifically stated by us to have been arranged outside this period. We reserve the right to change the service appointment (time and/or date) at any time by notifying you via email, phone or text message in accordance with these Terms.

3.8.         The service engineer. The maintenance and repair services are, at our sole discretion, provided by suitably qualified Bosch employees or approved service partners. The contractual relationship shall in any event be between you and Bosch and payments (if any) have to be made directly to Bosch.

4.            THE MAINTENANCE AND REPAIR SERVICES

4.1.         When the maintenance and repair services are provided. Our engineer or approved service partner will attend your property on the agreed service appointment date to inspect the Product, and will use reasonable endeavours to complete the maintenance or repair services on the day. If the maintenance and repair services cannot be completed on the same day then we will arrange to return at the earliest or most convenient time.

4.2.         If we cannot repair your Product. If your Product is not working, we will use reasonable endeavours to repair the diagnosed fault. However, we cannot guarantee to be able to repair all faults that are diagnosed. If we are unable to repair the fault, or if we diagnose that the fault arises as a result of

4.2.1.     a faulty installation; or

4.2.2.     another component not covered by the maintenance and repair services; or

4.2.3.     the system requiring cleansing or power flushing; or

4.2.4.     a user’s fault

4.2.5.     any other issues not relating to the maintenance and repair services

our engineer or approved service partner will inform you and advise you on any reasonable courses of action. Any advice offered is done so in good faith and should be confirmed by a suitably qualified third party before such works are undertaken. If the engineer or approved service partner does not provide any maintenance and repair services other than diagnosis, we will only charge you the Investigation & Fault Analysis Fee as per the Schedule. 

4.3.         Product beyond repair. If your Product is, in our opinion, beyond repair, or you decide that you do not want to repair the product then we will only charge you the Investigation & Fault Analysis Fee as per the Schedule. 

5.            PRODUCT REQUIREMENTS AND EXCLUDED SERVICES

5.1.         The Product requirements. We can only carry out the maintenance and repair services on Products correctly installed within the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands. We will not perform any work on any aspect of your heating system outside of the defined scope of Products as per clause 3.1.

5.2.         Excluded services. The following maintenance and repair services shall be excluded:

5.2.1.     Maintenance and repair services on Products installed on boats including house boats;

5.2.2.     Maintenance and repair services on fuel supplies to the Product, plugs or cables;

5.2.3.     Boiler de-scaling and chemical cleansing/flushing;

5.2.4.     The issuing of Gas Safety Certificates (CP12s);

5.2.5.     Bleeding-purging of fuel supply pipelines. 

6.            YOUR OBLIGATIONS

6.1.         Access to the van. Our engineers may need access to their vans whilst they carry out the maintenance and repair services in your property as they may need to fetch tools and parts. Therefore, you must provide adequate parking for our engineer. If they are unable to park their vehicle at your property or within practical distance from your property then the service appointment may be aborted and you may be charged a cancellation or aborted fee as per the Schedule.

6.2.         Presence of an adult. The engineer must not be left at your property alone and there must be a suitable adult (aged 18 or over) present at all times.

6.3.         Safe working environment. You must ensure that our engineer is provided with a safe and smoke free (including vaping) working environment and ensure that children and pets are kept away from the area where the engineer is working.

6.4.         Safe access to the Product. You are responsible for ensuring that our engineer can gain safe and clear access to the Product. You must also make adequate provision for the visual inspection of flues in voids, gas meters and fuel supplies

6.5.         Products in lofts. We can only provide maintenance and repair services on Products in lofts where the loft has permanent fixed lighting, a permanently fixed retractable loft ladder with sufficient load capacity and a fixed floor area sufficient to allow access for normal use and for works directly under and around the Product and between the Product and access hatch.

7.            REPAIR SERVICES GUARANTEE

7.1.         Our Repair Service Guarantee. Subject to clause 7.2 and 7.4, we will re-perform any repair services (including the replacement of parts) free of charge in the event that the defect diagnosed and repaired by our engineer reappears within a period of 30 days, provided you notify us about the reappearance of the defect within this 30 day-period (for contact details see clause 2.2).

7.2.         When the Repair Services Guarantee does not apply. The Repair Services Guarantee does not apply if a new fault is suspected or detected, or if the reappearance of the fault is a result of:

7.2.1.     a failure of the user to follow our instructions, manuals or user guidance as to storage, use and maintenance;

7.2.2.     any other person altering or tampering with the Product;

7.2.3.     wilful or accidental damage of the Product;

7.2.4.     a defect of any other appliance or component that the Product is connected with (including but not limited to circulating pumps, controls, pipework, valves etc.).

7.3.         Guarantee on spare parts. Subject to clause 7.4, any spare parts that we replace as part of our maintenance and repair services are guaranteed for one calendar year against manufacturing defects, provided you comply with the operating conditions as set out the installation and user manuals.

7.4.         Provision of maintenance and repair services under a Domestic and General plan. If we carry the maintenance and repair services out under a Domestic and General plan, the guarantee period is as stated in the Domestic and General plan terms and conditions as supplied by Domestic and General.

7.5.         Your statutory rights are not affected. The guarantees mentioned in this clause do not affect your statutory rights as a consumer, and if you prefer, you may rely on your statutory rights rather than the Guarantee. For further information about your statutory rights, please see clause 11.

8.            PAYMENT

8.1.         The services charges. The charge depends on the maintenance and repair services requested and the technical difficulties involved as described in the Schedule. All charges are inclusive of VAT.

8.2.         Changes in the rate of VAT. If the rate of VAT changes between the date of your appointment request and the date we supply the maintenance and repair services, we will adjust the rate of VAT that you pay, unless you have already paid for the maintenance and repair services in full before the change in the rate of VAT takes effect.

8.3.         If your Product is under the manufacturer’s guarantee. Should your Product be registered with us and be under the manufacturer’s guarantee, the repair services are likely to be free of charge, provided that you have complied with the guarantee terms and conditions (to be found at www.worcester-bosch.co.uk/guarantee-terms-and-conditions). Non-compliance with the guarantee terms and conditions may invalidate the guarantee. Please note that we will ask you to provide evidence that the annual boiler maintenance service has been completed. If you are not able to provide such evidence, we reserve the right to charge you for the provision of the repair services as per the Schedule.    

8.4.         How to pay. At the time of making the appointment request, we will ask for your payment details (i.e. a credit or debit card) prior to arranging a service appointment for you. These details will be used to reserve the payment of the charge for the maintenance and repair services. This means the agreed amount will be withheld from your available funds but not debited from your account. Once the maintenance and repair services are completed or, if a cancellation fee becomes due upon cancellation as per clause 9, we will charge the relevant card with the respective charge as set out in the Schedule. Should we owe you a refund of monies debited from your account, we will process it as soon as possible but please allow up to 30 days.

8.5.         If you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclay’s Bank plc from time to time. 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 judgment.

In addition, we may charge you a late payment fee of £30 for all late payments. You must pay us interest and late payment fee together with any overdue amount.

8.6.         Price Changes. Our prices may change at any time, but these price changes will not affect any service appointments or charges that we have confirmed with you.

9.            YOUR CANCELLATION RIGHTS

9.1.         Your cancellation rights as a consumer. As a consumer, you have the right to change your mind and cancel the contract for the provision of maintenance and repair serv within 14 days from the conclusion of the contract without giving any reason. If you wish to cancel you must do so as stated in clause 9.3 below. Subject to clause 9.2, if you cancel in accordance with this clause, no cancellation charge will be applied. However, once we have started or completed the maintenance and repair services, you cannot cancel the contract in accordance with this clause. In this case, please see clause 9.2.

9.2.         You change your mind after we started the maintenance and repair services. If you cancel the contract and we have already started with the maintenance and repair services by that time, you will be liable for any costs we reasonably incurred in starting to fulfil this contract and the cost of the maintenance and repair services provided to you by the time of cancellation (even if the cancellation period is still running) and this charge will be debited from the reservation amount (see clause 8.4). We will tell you what these costs are when you contact us. The deduction amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If we have completed the maintenance and repair services, you shall be liable for the full cost without deduction.

9.3.         How to tell us you want to cancel. To end the contract with us in accordance with clause 9.1, please let us know by doing one of the following:

9.3.1.     Phone, email or live chat. Call our Customer Contact Centre on 0330 123 9339 or email us at appointment.worcester@uk.bosch.com. Please provide your name, home address, service order number, phone number and email address.

9.3.2.        Online. Complete the form at www.worcester-bosch.co.uk/cancel 

9.3.3.     By post. The most efficient and recommended method to cancel your contract with us is via phone, email or online (as described above). However, if you wish to inform us via post that you want to end your contract (and time allows to do so), simply write to us as at Bosch Thermotechnology Limited Cotswold Way, Warndon, Worcester, WR4 9SW stating your, name home address, service order number, phone number and email address.

9.4.         If you can’t give us access to your property on the appointment day. Without prejudice to your cancellation right as per clause 9.1, if you are unable to provide our engineer with safe access to your property on the agreed service appointment date, you must contact us as soon as possible and in any event before 12 noon on the day preceding the agreed service appointment date in order to arrange an alternative date. Please notify us by telephone on 0330 123 9339 or email at appointment.worcester@uk.bosch.com Failure to notify us may result in a cancellation charge being applied as set out in the Schedule.

10.          OUR SUSPENSION OR CANCELLATION RIGHTS, FORCE MAJEURE

10.1.      Unavailability of spare parts, recall or discontinuation. We reserve the right to suspend or terminate the maintenance and repair services should any necessary spare parts become unavailable, if the Product is subject to recall, or if the Product has been discontinued.

10.2.      We may end the contract if you break the Terms. We further reserve the right to cancel the maintenance and repair services if:

10.2.1.   your Product has been installed in an area where it is inaccessible or the working environment is, at the sole discretion of our engineer, in any other way unhealthy or unsafe (e.g. smokers’ home, dog(s), aggressive tenants); or

10.2.2.   our engineer cannot (legally) park the van in a safe area and practicable distance to your property on the agreed service appointment date; or

10.2.3.   our engineer cannot get access to your property on the agreed service appointment date; or

10.2.4.   you do not provide payment to us when it is due; or

10.2.5.   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the maintenance or repair services; or

10.2.6.   you are in breach of any other of these Terms that cannot be rectified or do not rectify it within reasonable time;

10.2.7.   you are in breach of the terms and conditions of the manufacturer’s guarantee (to be found at www.worcester-bosch.co.uk/guarantee-terms-and-conditions)

10.3.      Cancellation fee. In the event of a cancellation pursuant to clause 10.2, we reserve the right to charge a cancellation fee as per the Schedule.

10.4.      Events beyond our control. Whilst we endeavour to fulfil all appointments, there may be occasions beyond our control (including but not limited to; illness of our engineer, traffic disruptions, weather conditions, acts of god, flood, drought, weather conditions if the Product is installed external to the Property, earthquake or other natural disaster, epidemic or pandemic, any law, measure or action taken by a relevant government or public authority, fire, strike, trade dispute, non-performance by subcontractors and suppliers, interruption and failure of utilities), when we are unable to do so. In these circumstances we will contact you as soon as is reasonably practicable in order to arrange an alternative service appointment. We will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract.

11.          IF THERE IS A PROBLEM WITH THE MAINTENANCE AND REPAIR SERVICES

11.1.      How to tell us about problems. If you have any questions or complaints about the maintenance and repair services, please contact us. You can telephone our Customer Contact Centre at 0330 123 9339 or email general enquiries to us at service-enquiries@uk.bosch.com. If you would like to make a complaint then email us at customer.relations@uk.bosch.com or write to us at Customer Relations Bosch Thermotechnology Limited Cotswold Way, Warndon, Worcester, WR4 9SW.

11.2.      Summary of your legal rights. In the unlikely event that there are any issues with the maintenance and repair services, please contact us and tell us as soon as reasonably possible. We are under a legal duty to supply services that are in conformity with this contract. See the information below for a summary of your key legal rights in relation to the maintenance and repair services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call your local Citizens Advice Bureau.

The Consumer Rights Act 2015 says:

•             Where a service is not carried out with reasonable care and skill or in line with the information given upfront, you are entitled to a repeat performance at no cost, or to a price reduction if repeat performance is impossible or cannot be carried out within a reasonable time or without causing you significant inconvenience;

•             Where a price has not been agreed upfront, what you're asked to pay must be reasonable; and

•             Where a time has not been agreed upfront, the services must be carried out within a reasonable time.

12.          OUR LIABILITY

12.1.      Our liability if you are a consumer. If you are a consumer and we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill (subject to clause 12.3).

12.2.      Our liability if you are a business. If you are not a consumer, our liability is limited to the amount of the service charge, and we are not liable for business losses and will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity (subject to clause 12.3).

12.3.      Nothing in these Terms shall limit or exclude our liability for

12.3.1.   death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

12.3.2.   fraud or fraudulent misrepresentation; or

12.3.3.   defective products under the Consumer Protection Act 1987; or

12.3.4.   any matter in respect of which it would be unlawful for Bosch to exclude or restrict liability.

12.4.      You agree that it is your responsibility to have in place and maintain adequate insurance policies in respect of your property.

12.5.      We will not accept or reimburse the costs of any work done by a third party on the Products, unless such work was approved by us in advance and in writing. Such approval will be solely at our discretion.

13.          COMMUNICATION AND DATA PROTECTION

13.1.      How we will use your personal information. We will use the personal information you provide to us:

13.1.1.   to supply the products and services to you;

13.1.2.   to process your payment for the products and services; and

13.1.3.   if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

13.1.4.   Surveys that we may ask you to participate in from time to time

13.2.      Our Privacy Policy. We handle your personal information in a secure and confidential manner and always in accordance with the law, including the General Data Protection Regulation (2016) and applicable English law. The law provides you with rights in relation to your personal information. To find out more about this and about how we handle personal information in accordance with the law, please see our privacy policy at www.worcester-bosch.co.uk/legal-and-privacy.

14.          OTHER IMPORTANT PROVISIONS

14.1.      Assignment and Subcontracting. We as Bosch Thermotechnology Limited may at any time and without any notice assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person upon our consent in writing, not to be unreasonably withheld or delayed.

14.2.      Third Party Rights. Unless explicitly stated otherwise in these Terms, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

14.3.      Severance. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

14.4.      Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the maintenance and repair services, we can still require you to make the payment at a later date.

14.5.      Applicable law and jurisdiction. These Terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products and services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products and services in either the Northern Irish or the English courts. If you live in the Republic of Ireland, you can bring legal proceedings in respect of the products and services in either the Irish or the English courts.

Download the Service Schedule