INTERPRETATION

1. Interpretation

The following definitions and rules of interpretation apply in these conditions.

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1.1 DEFINITIONS

Available upon request by emailing info@chillgas.co.uk

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INTERPRETATION

1.2        Interpretation:

1.2.1          A reference to legislation or a legislative provision:

1.2.1.1      is a reference to it as amended, extended or re-enacted from time to time; and

1.2.1.2      shall include all subordinate legislation made from time to time under that legislation or legislative provision.

1.2.2          Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.3          A reference to writing or writtenincludes fax and email.

BASIS OF CONTRACT

2.          Basis of Contract

2.1        The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2        The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order and the Customer has paid the first instalment or full amount of the Charges, at which point and on which date the Contract shall come into existence (Commencement Date).

2.3        Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.4        These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

SUPPLY OF SERVICES

3.          Supply of Services

3.1        The Supplier shall supply the Services to the Customer in accordance with these Conditions.

3.2        The Supplier shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3        The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

3.4        The Supplier shall not be required to carry out any repair Services if the Supplier, in its reasonable opinion, deems the cost to the Supplier of carrying out such repair Services would be in excess of the cost of the Customer of purchasing a replacement boiler.

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CUSTOMER’S ELIGIBILITY

4.          Customer’s eligibility

4.1        The Supplier shall send a qualified engineer to carry out an initial assessment (free of charge) of the Customer’s boiler to ensure it is eligible for the Plan.

4.2        The boiler must meet the following requirements:

a)      Condensing and combination boilers must be under 7 years old upon the Plan commencing;

b)      Conventional boilers must be less than  15 years old upon the Plan commencing;

c)      The boiler, flue, filling loop external controls and gas line must be checked and in good working condition;

d)      The combustion reading needs to meet the boiler manufacturer’s recommendation;

e)      Signs of leaking inside the boiler must be identified and repaired;

f)      Signs of corrosion must be identified and repaired including parts;

g)      The boiler filling loop must be easily accessible; and

h)      An electrical check should be conducted to identify faults. Any faults should be rectified prior to commencement of the package.

4.3        The requirements laid out in 4.2 do not apply to the bronze protection Plan and any boiler (regardless of age and condition) will be eligible.

4.4        Upon confirmation from the Supplier that the above listed conditions are met and the boiler is eligible, the Plan may commence.

4.5        If the boiler is not eligible and works are required to make it eligible, then the Supplier will outline these required repairs and these must be completed and paid for in line with a quote and invoice before the Plan can commence. In the event that the Customer decides not to have the relevant repairs carried out, the Contract shall terminate with immediate effect.

CUSTOMER’S OBLIGATIONS

5.          Customer's obligations

5.1        The Customer shall:

5.1.1          ensure that the terms of the Order are complete and accurate;

5.1.2          co-operate with the Supplier in all matters relating to the Services;

5.1.3          provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by the Supplier;

5.1.4          provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

5.1.5          prepare the Customer's premises for the supply of the Services;

5.1.6          obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and

5.1.7          keep all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer's premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier's written instructions or authorisation.

5.2        If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation contained in these Conditions (Customer Default):

5.2.1          without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;

5.2.2          the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 5.2; and

5.2.3          the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

CHARGES AND PAYMENT

6.          Charges and payment

6.1        The Charges for the Services shall be calculated based on the level of Plan the Customer selects:

6.1.1          the fee shall be calculated in accordance with the rates set out in the Schedule (as applicable from time to time), this will also be set out on the Order Form;

6.1.2          the Customer can make payment:

6.1.2.1      in full annually (with which they will receive a nominal discount) by debit or credit card; or

6.1.2.2      in monthly instalments via a Direct Debit mandate. With  monthly payments, payment must be received by the 1st of every month to ensure the Plan is not interrupted. If payment is not made by this time, the Customer shall have four Business Days within which to rectify such breach and if payment has still not been received by the fifth Business Day of the relevant month, the Plan and the Contract shall terminate with immediate effect.

6.2        The Charges for the Services shall not change during the Contract Period, unless the Customer changes the level of cover under the Plan, or there is a change in any level of sales tax or duty, and such increase in sales tax or duty shall be payable by the Customer.

6.3        All Charges include the relevant taxes at the current rate as at the Commencement Date.

6.4        If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

6.5        All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.6        Subject to condition 6.7, to renew the Contract at the end of the Contract Period, the Supplier shall contact the Customer at least 25 days before the end of the Contract Period to ensure the Customer wishes to renew.

6.7        If the Customer pays for the Services by Direct Debit, the Contract and payments will continue automatically until the Customer requests to terminate the Contract, provided that such request may not be made prior to the end of the Contract Period. 

DATA PROTECTION

7.          Data protection

7.1        All information taken from the Customer will be in conjunction with the Services and to enable the Supplier to provide the Services to the Customer. The Supplier stores the Customer’s personal data and details of the Services provided to the  record for business purposes and all such processing of personal data shall be in accordance with the Data Protection Act 2018.

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LIMITATION OF LIABILITY

8.          Limitation of liability 

8.1        The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £100,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

8.2        References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.3        Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

8.4        Nothing in this clause 8 shall limit the Customer's payment obligations under the Contract.

8.5        Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:

8.5.1          death or personal injury caused by negligence;

8.5.2          fraud or fraudulent misrepresentation; and

8.5.3          breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.6        Subject to clause 8.3, and clause 8.5, the Supplier's total liability to the Customer for all loss or damage shall not exceed twice the total Charges paid by the Customer in the 12 month period immediately preceding the event giving rise to the relevant loss.

8.7        Subject to clause 8.3, clause 8.4 and clause 8.5, this clause 8.7 sets out the types of loss that are wholly excluded:

8.7.1          loss of profits.

8.7.2          loss of sales or business.

8.7.3          loss of agreements or contracts.

8.7.4          loss of anticipated savings.

8.7.5          loss of use or corruption of software, data or information.

8.7.6          loss of or damage to goodwill; and

8.7.7          indirect or consequential loss.

8.8        The Supplier has given commitments as to compliance of the Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

8.9        Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3  months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

8.10      This clause 8 shall survive termination of the Contract.

8.11      The Supplier will only be liable for rectifying their own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.

8.12      The Supplier will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where the Customer has been notified by the tradesperson either verbally or indicated in ticked boxes or in the comments/recommendations.

8.13      The Supplier shall not be held liable for any delay, or consequences of any delay, in performing their obligations if such a delay is due to any cause beyond their reasonable control and the Supplier shall be entitled to reasonable time extensions.

8.14      The Supplier will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes the Supplier liable to pay for those damages or rectification of work.

8.15      The Customer will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by a CHILL Gas tradesperson. The Supplier’s tradespeople operate under their own individual Gas Safe Registration and, as such, are solely responsible for any gas related work and subsequent liability.

TERMINATION

9.          Termination

9.1        Without affecting any other right or remedy available to it, the Supplier may terminate the Contract by giving the Customer one months' written notice.

9.2        Without affecting any right or remedy available to it, the Customer may terminate the Contract by notifying the Supplier, in writing, at least 60 days before the end of the Contract Period, in which case this Contract shall terminate upon the expiry of the Contract Period.

9.3        Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

9.3.1          the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment;

9.3.2          the other party commits a material breach of any other term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified to do so;

9.3.3          the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of article 103 of the Insolvency (Northern Ireland) Order 1989;

9.3.4          the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

9.3.5          the other party applies to court for, or obtains, a moratorium under Insolvency (Northern Ireland) Order 1989;

9.3.6          a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

9.3.7          an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);

9.3.8          the holder of a qualifying floating charge over the assets of that other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;

9.3.9          a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

9.3.10       a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;

9.3.11       any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.3.3 to clause 9.3.10 (inclusive);

9.3.12       the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or

9.3.13       the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

9.4        Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

9.5        Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under the Contract on the due date for payment.

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OTHER CUSTOMER RESPONSIBILTIES

10.        Other Customer Responsibilities

10.1      If the Customer changes address, they must inform the Supplier in writing as soon as possible.

10.2      If any of the Customer’s contact details (including telephone number, address, email) changes, then the Customer must inform the Supplier as soon as possible.

10.3      If the Customer changes boiler, they must notify the Supplier within 2 weeks in order to ensure that the new boiler is suitable for the cover Plan and if the new boiler does not meet the Supplier’s criteria, the Supplier has the right to cancel the Plan or amend the level of cover.

10.4      If the Customer’s boiler or other relevant appliance is covered by a third party warranty, it is the responsibility of the Customer to ensure that the work being carried out does not impact said warranty.

SUPPLIER’S VISIT TO THE PROPERTY

11.        Supplier’s visit to the Property

11.1      The Supplier’s employee or representatives carrying out the Services, will only enter the Property to carry out Services if there is an adult (someone over 18 years of age) within the Property at all times. 

11.2      It is the responsibility of the Customer to give the Supplier access to the Property and if the Customer fails to do this, the Supplier shall have no liability for its failure to carry out any of the Services. In the event that the Supplier has to re-visit the Property to carry out any of the Services as a result of a failure on the part of the Customer, an additional fee of £50 shall be paid to the Supplier. Such fee shall be invoiced by the Supplier to the Customer and shall be payable in accordance with the payment terms set on the relevant invoice.

11.3      The Customer should ensure, if they are not present at the Property when the Supplier needs access:

11.3.1       there is an individual who will be present on their behalf and that the individual has been given the authority to be there;

11.3.2       that the authorised individual passes the Customer any job sheets or advice that the employee/representative has left at the Property for the Customer.

11.4      If the Customer has a landlord, it is their responsibility to ensure they have the consent of the landlord in relation to the Services the Supplier will provide on site, and the Customer must pass any job sheets or advice from the tradesman to the landlord.

11.5      It is the responsibility of the Customer to obtain consent of any relevant third parties where both parties share something such as a water supply or a driveway.

11.6      The Customer must ensure there is no health and safety risk prior to the Supplier’s visit to the Property as the Supplier will not work in the Property if there is any risk such as hazardous chemicals, pest infestation or harassment. 

11.7      The Customer must remove any asbestos before the Supplier visits the Property and the Customer must show the Supplier the Certificate of Reoccupation.

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ANNUAL SERVICE

12.        Annual Service

12.1      All of the Plans listed in the Schedule include different forms of annual services (boiler service, safety check on hob, safety check on gas fire) and the Supplier will contact the Customer to arrange this. The form of the annual service will be confirmed by the Supplier to the Customer prior to delivery thereof.

12.2      The annual services may be more, or less, than 12 months after the last service visit. 

12.3      After annual services, the Customer will be provided with a certificate of approval by the Supplier after their appliance has been assessed and deemed as meeting the required conditions.

SUPPLIER’S DUTY TO CALL IN REASONABLE TIME

13.        Supplier’s duty to call in reasonable time

13.1      The Supplier will carry out any repairs or visits within a reasonable time, unless extraordinary circumstances mean this is not possible.

13.2      The Supplier will follow government guidelines in the case of an epidemic or pandemic (such as COVID-19) and this may result in the Supplier having to reschedule the visit if, for example, a restriction is placed on non-essential travel.

CONTACTING THE SUPPLIER

14.        Contacting the Supplier

14.1      If the Customer wishes to do any of the following, they should contact the Supplier:

a)      Change the level of Plan;

b)      Cancel the Plan;

c)      Book their annual service; or

d)      Book an appointment for a breakdown.

14.2      To contact the Supplier, the Customer should:

1. Call 02892789258;

2. Send a message via the Supplier’s Facebook page; or

3. Email bookings@chillgas.co.uk.

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COMPLAINTS

15.        Complaints

15.1      If the Customer wishes to make a complaint, they should contact the supplier by:

1. Writing to the registered office at The Offices of Cartmill Stewart, House of Vic-Ryn, Moira Road, Lisburn BT28 2RF;

2. Call 02892789258; or

3. Email bookings@chillgas.co.uk.

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GENERAL

16.        General

16.1      Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

16.2      Confidentiality.

16.2.1       Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted below.

16.2.2       Each party may disclose the other party's confidential information:

16.2.2.1    to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause; and

16.2.2.2    as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

16.2.3       Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

16.3      Entire agreement.

16.3.1       The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

16.3.2       Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

16.3.3       Nothing in this clause shall limit or exclude any liability for fraud.

16.4      Variation. These Conditions may be varied or amended by the Supplier from time to time by way of written notice (in advance of the effective date of such variation of amendment) to the Customer.

16.5      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 right or remedy. 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.

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16.6      Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Contract. If any provision or part-provision of this Contract deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

16.7      Notices.

16.7.1       Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

16.7.2       Any notice or communication shall be deemed to have been received:

16.7.2.1    if delivered by hand, at the time the notice is left at the proper address;

16.7.2.2    if sent by next working day delivery service, at 9.00 am on the second Business Day after posting; or

16.7.2.3    if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 16.7.2.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

16.7.3       This clause 16.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

16.8      Third parties

16.8.1       Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

16.8.2       If the Customer makes a claim against the Supplier under this Contract, the customer must (at the request and expense of the Supplier), do everything reasonably required to enable to Supplier to recover the losses entitled to from other parties, following any repair / replacement. 

16.9      Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Northern Ireland.

16.10   Jurisdiction. Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.