SERVICEX TERMS & CONDITIONS
We have designed these service agreements to provide a safe, high-quality service to repair and/or maintain and repair the elements included in your
service agreement. It is important you read these terms and conditions carefully, together with your service agreement receipt confirming the
products you hold, as these form the basis of your agreement with us. If anything is not correct on your agreement, or if you have any questions,
please call us on 0345 357 3434.
We, us, our means Low Carbon Exchange Limited which is the administrator for our SERVICEX agreements and the provider of services for our
agreements. You or your means the person named on your Service agreement receipt, together with the members of your household who normally
live with you. If you are a Landlord, this may be you or your tenant
SERVICEX is a product we have designed to meet the needs of householders who want protection against various problems with their renewable
technology appliances on a repair and maintenance basis.
The following are included in your agreement:
• A First Inspection visit an annual Service Visit and repair of renewable technology appliances, for example, Solar PV, Solar Thermal Systems,
water heaters, Mechanical Ventilation Heat Recovery Units and Air/ Source Heat Pumps in your Home. The appliances included under your
agreement will be set out in your SERVICEX agreement.
• All materials parts and labour
• Any single one off repair costs up to £1000 (excluding VAT).
We do not include the cost of getting to your appliance if your system is not accessible due to a design fault. General conditions and general
exclusions apply.
Renewable Technology Appliance Cover - Controls Cover - Central Heating Cover
These products are designed to meet the needs of householders who want protection in place if there are various problems with either their
renewable technology appliance and controls or central heating, on a repair and maintenance basis. You get all of the benefits of breakdown cover
and or central heating breakdown cover.
First Inspection Visit in your first period of agreement before any work is carried out a visual inspection and assessment of your renewable
technology appliance (and central heating system covered under HEATX) is carried out. This is to help make sure we can include them in your
agreement and that they are safe and in good working order we will normally then carry out your First Service on the same visit.
First Service all agreements include a First Service visit which we carry out at time of/or after First Inspection Visit to optimize your renewable
technology asset. We will normally complete your First Service within 42 days of the start of your agreement although it may be later if there is an
increased demand for our services especially in colder weather.
Cover Period the 12 month period starts after the date of the First Service and runs from the anniversary date of the start of your cover period. You
have 28 days after your First Inspection visit to agree and pay for any necessary work which needs to be carried out to your system. These works
will be mandatory works to conform with UK Building Regulations, Micro-generation Certification Scheme Compliance or any other enforced HSE
regulations and good practice. Your cover period will start once these works have been carried out and a First Service has been completed. After 28
days from First Inspection visit if no authorisation has been given to carry out recommended works we have the right to cancel the agreement (see
Our Cancellation Rights column C)
Domestic Purposes means at least half the rooms in your Home must be used for normal living purposes and not more than half the rooms are used
in connection with a business, trade or profession.
Service Agreement Receipt means a written Service Agreement Receipt you receive from us that confirms the products you hold, the price for the
products. All remedial repairs you agreed to pay for on First inspection visit will be invoiced separately and must be paid before a First Service can
be completed.
Upgrades are changes to your system which will improve its efficiency or safety. Examples of upgrades include replacing working radiators with
improved models or replacing standard radiator valves with thermostatic radiator valves. The cost of upgrading your system is not included in your
agreement.
Annual Service Visit / ASV is a visit we carry out in each period of agreement to check that the elements included in your agreement are safe and in
good working order.
Home means the place where you live or a home you own (either as a second Property or as a landlord) that is a private domestic property,
including any garage connected to your home.
Period of Agreement means the fixed period of your agreement shown on your Service Agreement Receipt. Your agreement begins on the date we
accept your application and normally runs for twelve months after completion of your first service. If you add extra products to an existing
agreement, the period of agreement for any new products may be less than 12 months.
General Conditions that apply to our Agreements
Periods of agreement all agreements are continuing annual payable contracts, renewable at the end of your period of cover. The length of your
agreement is 12 months and will begin on the date of your First Service. For all SERVICEX agreements you are not covered until your first Service
completion.
Price and Price Changes
Your agreement price is set out in your invoice and will not change during your Period of agreement unless you change your agreement and/or the
Government introduces a change in the relevant tax rate. We will always write to you to tell you about any change to your price.
Multi Product Agreements
We offer a range of agreements to suit the varying needs of our customers. Some aspects of the products and services within our range overlap in
order to provide a comprehensive level of care and/or cover.
Excess Payments
The amount of any additional work that you agree to pay will be shown on your Invoice and is payable every time we are called out to repair a fault
not covered under your agreement. Our engineer will decide whether a fault is related or unrelated to a previous breakdown visit. You agree to pay
the costs of any charges if the call out is deemed to be related to a previously completed fault that is the effect of miss use or malicious intent. We
will ask for pre-authorisation by credit or debit card at the same time that we book your appointment. We will not take the payment until we have
completed your repair and all repair work is guaranteed for twelve months. Failure to pay will result in cancellation of the ServiceX agreement.(see
Our Cancellation Rights column C)
Domestic use
Agreements are only available for appliances and systems used inside your Home for Domestic Purposes. If you own a domestic property which you
rent out, you can also hold our agreements for these properties.
Where we can provide the service
There are a few remote areas of Great Britain where we do not currently provide agreements. If this affects you, we will tell you when you apply. If
necessary a full refund will be provided within 28 days.
Our responsibilities
We will meet our responsibilities under your agreement within a reasonable time period unless it is impossible because of circumstances outside our
control. If we cannot meet our responsibilities, We will let you know as soon as possible confirming the reasons why we cannot meet our
responsibilities. We will also give you another time when we expect we can meet our responsibilities to you. Where we have agreed to take your
appliance/system onto an agreement, and have previously advised there may be restrictions over our ability to maintain your appliance/system or the
supply of parts, we will use all reasonable endeavours to carry out repairs.
Gaining access to your property and arranging appointments
Our engineers will only work in your property if there is someone aged 18 or over there at all times. It is your responsibility to allow us access to
your property. If we cannot gain access, we will not be able to carry out the necessary work and you will be charged for the appointment. If you do
not arrange an appointment or we cannot gain access, your agreement will continue even though we have not been able to carry out the work. If,
after several attempts, we have been unable to make an appointment or we still cannot gain access, we may write to you to let you know we have
cancelled your agreement.(see Our Cancellation Rights column C)
Labour
One of our engineers will usually carry out the work. In some cases we may authorise a suitably qualified contractor to carry out the work. All of
our contractors carry identity cards.
Safety advice
We may advise you that permanent repairs or improvements are needed to help make sure your appliance or system works safely (for example, G3
un-vented cylinder regulations). If you do not follow our advice, it may mean that we cannot meet all of our obligations to you under your
agreement. In this case, we reserve the right to cancel the SERVICEX agreement (see Our Cancellation Rights Column C)
Spare parts
If our engineer does not carry the spare parts needed on the day of your appointment, we use a network of suppliers which means we can normally
get hold of most items the following working day.
If not, we will do all we reasonably can to find and install parts from our approved suppliers. We may use other approved parts or parts that have
been reconditioned by the original manufacturer or approved third parties.
Guarantees
We guarantee to make good any faulty parts or faulty workmanship for a period of twelve months from the date we completed your repair. The
rights in relation to any guarantee we give you apply in addition to, and do not affect, your legal rights under the Sale of Goods Act 1979, the
Supply of Goods and Services Act 1982, or any replacement legislation. You can get advice about your rights from the Citizens Advice Bureau or
Trading Standards Department. Where we install or replace your appliance we will commission and carry out a safety check on your new system at
the time of installation. A separate Annual Service Visit will not therefore be carried out during the first 12 month period.
Governing law
The terms and conditions for all agreements are written in English and all correspondence will be in English. Your agreement is governed by the
laws of England and Wales if your Home is based in England or Wales.
Upgrades
Upgrades are changes to your system which will improve its efficiency or safety. The cost of upgrading your system is not included in your
agreement. You can buy system Upgrades from Low Carbon Exchange, such as a Power flush, System Filters and Scale Reducers or Trace Heater
kits.
Annual Service Visit
Annual Service Visit means a visit we carry out in each Period of agreement to check that the elements included in your agreement are safe and in
good working order. Your agreement includes an Annual Service Visit, we will contact you to arrange a visit to your Home. We will check that
your renewable technology its associated components are working in accordance with legal requirements and regulations. We will normally carry
out your Annual Service Visit around twelve months from the date of the last one. In periods of high demand for our services (such as cold
weather), we prioritise breakdowns and may need to rearrange your Annual Service Visit.
Renewals
We will normally give you 35 days’ notice to tell you about any changes to what is included in your agreement (or any changes to your prices) for
the next period of agreement, unless exceptional circumstances apply. We write to you and the end of your agreement to renew, we will not
automatically renew your agreement for another fixed period of a year. You will need to access our web site and follow the payment process for our
Home owner service contract. At the end of your period of agreement and at the end of each subsequent year, the price of your agreement may
change.
Moving Home
If you are moving out of your Home you will need to tell us as soon as possible about any change of address. Once we receive your new address
details we can cancel your agreement. We cannot transfer your existing agreement to your new address or refund any payments.
Arranging your visit
To arrange your Annual Service Visit we may contact you by phone, email, text or letter. Where contact is by letter or email, we will make 3
attempts. Should you not respond, we will assume that you do not wish to have an ASV carried out for that particular period of agreement and will
not make further attempts to contact you. It is your responsibility to notify us of any changes that may affect your cover or changes to your contact
details. Failure to do so may result in us cancelling your agreement.
Your Cancellation Rights
You may cancel any agreement you have with us at any time as long as you let us know in writing send your correspondence to Low Carbon
Exchange Ltd, Unit 37, Buckingham Road, Weston Industrial Estate, Weston Super Mare, North Somerset BS24 9BG. Cancelling your payment
without contacting us will not mean you have cancelled your agreement. If we do not hear from you following contact, of any outstanding payment,
we will cancel your agreement not less than 30 days after the date we were first notified payment was not received. Any outstanding charges will
remain payable. If you cancel within the first 14 days of your agreement we will give you a full refund of any money you have paid, unless we have
carried out work or visited the property in which case only partial refunds will be made.(See Table below)
Our cancellation rights
We may cancel your agreement in the following circumstances:
• If you have given us false, misleading or incorrect information.
• If you do not make an agreed payment.
• If deliberate or malicious damage has occurred
• If there are health and safety issues.
• If your appliance or system is deemed unsuitable, obsolete or not fit for purpose.
• If you do not give us access to your property when this is needed.
• If we are not reasonably able to find parts for your appliance or system.
• If improvements we tell you are needed are not completed.
• If the system is not reasonable accessible or easement rights are disputed
If we cancel at the First Inspection Visit, we will give you partial refund of any money you have paid. If we cancel your agreement at any time after
your First Service no refunds will be paid.(See Table below column B)
Design or existing faults
We will not be responsible for the cost of repairs or gaining access to make repairs if there are design faults (unless we are responsible for the design
faults), faults which existed before you entered into your agreement with us, faults which we have identified on a previous visit or agreement at the
property or faults which we could not, using reasonable care and skill, identify on our First Service or a repair call out to your system or appliance.
For example, this would apply to pipes buried under concrete floors that do not have acceptable pipe protection. Acceptable pipe protection is
factory sheathed, soft copper laid through plastic ducting. Joints should not be located in the plastic ducting/sleeve, and the pipe should be installed
according to the manufacturer’s instructions.
Accidental damage, third-party damage and damage from deliberately taking risks
Unless we say in the agreement that we will cover accidental damage caused by you, we will not cover the cost of repairs relating to damage caused
by you. If work is carried out on your system or appliance by someone other than us, whether or not following our advice (e.g. power flush), which
results in damage to that or another part of your system because of poor workmanship, the repair will be excluded from your agreement.
All other loss and damage
Unless we cause it, we will not be responsible for any loss or damage to property as a result of your appliance or system breaking or failing,
including any cleaning needed or damage to fixtures or furniture, for example, damage caused by water leaks.
Making good
We will fill in any holes and leave the surface level if we have had to make access to your system or appliance so we could carry out a repair,
however, we will not replace the original surface or construction (for example, redecoration). If the original surface or construction was damaged as
a result of the fault, for example water leak, we will not replace the original surface.
Risks normally insured under household or other insurances
Except and only to the extent specifically stated as included under your agreement, we will not include the repairing of faults or damage or
replacement of appliances or systems caused by freezing weather conditions, subsidence, structural repairs, accident, fire, lightning, explosion, flood
or storm. You should check your household insurance to make sure you have enough cover for these risks. If anything specifically stated as being
included under your agreement is also included under any other insurance or maintenance contract you hold, the repair will be the responsibility of
the provider of your other insurance or maintenance contract. In the event of joint responsibility with your other provider, we will only ever be
responsible for our fair share and to the extent of our obligations under your agreement.
Approved equipment
For certain items, we keep an approved list. We only carry out work on appliances, central heating systems, associated controls, energy-management
systems and plastic pipes which are on our approved list.
Third-party rights
Nobody other than you will be able to benefit from your agreement, which cannot be passed to someone else without our written confirmation. If
you are a Landlord, you may give permission to your tenant, managing agent or other third party to arrange an engineer appointment on your
behalf.
Other Exclusions
We will not include the following:
• Any costs to gain access to your system, built-in appliances, scaffolding, buried pipe work (inside or outside your Home) or wires to make a repair
and then make good.
• We do not include the cost of getting to your appliance or system if it is not accessible due to a design fault or where access has been restricted
post initialinstallation.
• Replacing appliances, bathroom fixtures and sanitary ware.
• Upgrades that are required to improve your appliance or system due to poor access or poor condition.
• Replacing or repairing parts that do not affect how the appliance or system works, or decorative or specialist parts.
• Resetting controls (for example, thermostats and programmers following changes due to winter or summer months).
• Removing asbestos associated with repairing the appliance or system. When you have had any asbestos removed, you must give us a clean air
certificate before we will do any further work at your property. By law, the person who removes the asbestos must give you a clean air certificate.
• Cash alternatives instead of a service, maintenance or repair.
• The cost of repairing damage or breakdowns caused by changes to, or problems with, the gas, electricity or water services.
• Beginning or continuing services where we reasonably consider that there is a health and safety risk. The presence of dangerous materials,
infestations, or harassment of our staff (including verbal or physical abuse). We will not start work again until there is no longer a risk to health and
safety.
• Replacing any batteries for your system controls.
• If your system controls generate text message alerts, we will not cover any usage or nuisances text alerts or messages.
• Repairing or replacing parts of your central heating system and controls that are specifically designed for piped or electric underfloor heating.
• Removing sludge or hard-water scale from your system or appliance.
• Your broadband connection, mobile phone and any other internet connected control equipment whose primary purpose is not to operate or monitor
your system.
• Repairing damage caused by scale, sludge or other debris if we have told you on a previous visit (under any agreement at the property) that
permanent repairs, improvements or a Power flush (or a similar cleaning procedure) are needed to help make sure your appliance or system works
properly and you have not taken the recommended action.
• Repairing or replacing parts of your central heating system and controls that are specifically designed for piped or electric underfloor heating.
Showers
We will not be responsible for the repair or replacement of any showers within your household as a result of a mechanical or electrical breakdown.
This includes, but is not restricted to, shower pumps, shower mixer valves, electric shower units, shower trays, cubical/shower doors, handsets, hoses
and riser rails.
Complaints
We will always aim to do our best. However, there may be times when things go wrong. If you have a complaint about any part of our service or
your products, please phone us on 0117 359 1410 or write to us at: Low Carbon Exchange Ltd, Unit 37 Buckingham Road, Weston Industrial
Estate, Weston Super Mare, North Somerset, BS24 9BG
Or, you can email us at: info(at)lowcarbonexchange.com
We will try to deal with the matter immediately. However, if we can’t, we will keep you regularly informed about the progress of our investigation.