KJM Energy Ltd
HEATING CARE PLAN 
TERMS AND CONDITIONS

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0131 235 2483.

Application 

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
  2. We are KJM Energy Ltd a company registered in Scotland under number SC642756 with a registered office at Hudson House, 8 Albany Street, Edinburgh, EH1 3QB, email address info@kjmenergy.com; telephone number 0131 235 2483 (the Supplier or us or we).
  3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation 

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession; 
  2. Contract means the legally‐binding agreement between you and us for the supply of the Services;
  3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order; 
  4. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  1. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
  2. Services means the services, including any Goods, of the number and description set out in the Order.

Services

  1. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
  2. In the case of Services and any Goods made to your special requirements, it is your
responsibility to ensure that any information or specification you provide is accurate.
  1. All Services are subject to availability.
  2. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must co‐operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

  1. The description of the Services and any Goods in our website, catalogue, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
  2. When an Order has been made, we can reject it for any reason, although we will endeavour to tell you the reason without delay.
  3. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the supplier’s delivery of the Services to the Customer.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’sbusiness premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
  2. Fees and charges include VAT at the rate applicable at the time of the Order.
  3. Payment for Services must be made within 30 days of invoice. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
  4. Price rises by inflation only on renewal.

Delivery

  1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
    1. in the case of Services, within a reasonable time; and
    2. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
  1. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges:
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before theContract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  1. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
  1. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  1. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  1. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  1. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  1. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  1. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  1. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was   entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.

Conformity and Guarantee

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  1. Upon delivery, the Goods will:
  2. be of satisfactory quality;
  3. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
  4. conform to their description
  1. It is not a failure to conform if the failure has its origin in your materials.
  1. We will supply the Services with reasonable skill and care.
  1. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
  1. We will provide the following after‐sales service: Full set up and support will be provided
  1. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  1. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  2. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
  3. If you cancel and we have carried out work before contract end (renewal) you will be liable for the cost of any repairs, from difference in amount paid taken from cost of repairs.
 

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  1. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.
  1. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘’GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  1. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  1. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  1. For any enquiries or complaints regarding data privacy, you can e‐mail:  info@kjmenergy.co.uk

Successors and our sub‐contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub‐contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party
  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.In the event of any failure by a party because of something beyond its reasonable control:

Excluding liability

  1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer ‐ because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non‐contractual matters) is governed by the law of Scotland.
  1. Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customers live in England and Wales or Northern Ireland, in the courts of England and Wales or Northern Ireland respectively.
  1. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1‐2 days

Heating Care Plan

  1. Controls are defined as the water circulating pump, the motorised valve or valves, time controller/programmer, room thermostat and cylinder thermostat.
  1. System is defined as the radiator valves, radiators, expansion tank/vessel, hot water cylinder, above the ground and non‐buried pipe work directly associated with provision of central heating, excluding any taps and their direct supply.
  1. You are not entitled to a replacement appliance under these covers and we will not be responsible for any associated installation costs.
  2. If you are paying by Direct Debit, you must be fully up to date with your payments; failure to do so may restrict the policy and our attendance.
  3. Boiler servicing and standard repair work authorised by us will be carried out during normal working hours only, which are typically Monday – Friday, 0800am to 1630pm.
  4. You must operate your equipment in line with the manufacturer’s instructions and must not modify it.
  5. Your equipment must not have been lost, stolen, misused, neglected, poorly installed, subject to malicious damage, damage caused by accidents or damage caused by fire, explosion, floods, lightning, storms, frost or other bad weather conditions, rust, corrosion or water.
  6. Your equipment must not be subject to a current recall either by the supplier or the manufacturer.
  1. Your equipment must be used in a domestic environment. Equipment used in a non‐domestic or commercial environments must be subject to our prior approval in writing.
  1. We are not liable for the cost of repairs if there is no fault found with the equipment, cosmetic repairs (e.g. damage to paintwork, dents or scratches), or where there is any problem with the supply of electricity, gas or water, or any costs arising from difficulties in getting to the equipment.
  1. Repairs or payment will not be approved for costs arising from being unable to use your equipment or for any other loss or damage not included under your cover, including any costs to remove or reinstate built‐in or fitted equipment
  1. Call outs will be unlimited, however with service only contracts, we will invoice for any repair/time allocated to any repair.
  1. 4 Star cover ‐ Powerflush after 3 years continuous cover at timescale suitable to us and agreement with you.
  1. 1, 2 & 3 Star cover ‐ Powerflush is chargeable on all other 3 levels of cover or if the customer reduces cover level from level 4 before 3 years continuous cover.
  1. 4 Star cover ‐ CO Alarm installed after successful first visit or on expiry or failure on level 4 only. All other levels are chargeable.
  1. 4 Star cover eligible for 25% reduction for boiler replacement. Boiler of our choice.

Not included under this cover
  1. Repairs arising from scale damage to the system; sludge. This would be checked at the initial inspection
  1. The turning on or seasonal lighting up of the equipment and adjusting switches and controls except following on from an approved repair under this cover:
  1. Any part not defined in these Terms and Conditions, for example energy management systems, shower pumps, or immersion heaters or solar panels together with their associated pipework and controls;
  1. Any water pressure adjustments on sealed systems, except those connected with a repair approved under this cover;
  1. Repairs arising from system sludge or blockages;
  1. Unvented Hot water cylinders or thermal stores, boilermate, powermax, elson tanks.
  1. Boilers which exceed 70KW input;
  1. Repairs to kick space convector heaters, towel heaters, towel rails; or the cost of replacing your equipment, unless installed by ourselves.
  1. Any Central Heating, Gas or Electrical upgrading or improvement work required as a result of changes to legislation, Health & Safety or otherwise, or to meet current standards.
  1. Flues not covered unless it is normal standard flue length and no access or equipment restrictions.

Creating Access At Property

  1. Upon arrival at your property, we will try to locate the source of fault. If direct access is not available we will need to create access. If you want us to do this we will not be liable for damage caused or reinstating. If you do not want us to do this, we will be unable to progress with the work until you have made arrangements for access.

Unable To Repair

  1. 1,2 & 3 Star Cover ‐ if boiler is uneconomical to repair or obsolete, we will advise you of this. You will be eligible for 10% off like for like replacement. Boiler of our choice. 4 Star Cover ‐ boiler is uneconomical to repair or obsolete, we will advise you of this. You will be eligible for 25% off like for like replacement. Boiler of our choice.

Renewing Your Repair Cover 

  1. At the end of your maintenance cover, we will write to you about renewing.
  • If you pay by Direct Debit, your renewal notice will show the amount we will automatically collect, unless you inform us otherwise.
  • If you pay by any other means, your renewal notice will show the amount to pay. You will need to make payment for the Repair Cover to continue. We may not renew your cover if in our opinion your equipment has reached the end of its useful life.
Thank you so much for choosing our services.

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From survey through to installation.

Accredited Engineers Registration Number 649434

Gas Safe Registered KJM Energy
Registered in Scotland No. SC642756
VAT No:   361 9598 56

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