BoilerSMS Supply & Installation Terms and Conditions


Terms and Conditions for the supply and installation of a smart boiler monitoring box (VR920) 

You have agreed to participate in a trial to [describe] (the “Trial”). By agreeing to the terms of the Trial, you agree to acquire a VR920 smart device and have it installed on the following terms.

This page provides you with you information about us and the legal terms and conditions (Terms) on which we supply and install VR920 smart devices (Products). In these terms and conditions:

Installation” means the installation by HomeServe of a Product in your home.

You” or “Your” means the person acquiring a Product, including its installation at their property.

Homeserve” or “we” or “us” means Homeserve Membership Limited, Cable Drive, Walsall WS2 7BN (registered in England with number 2770612, VAT No: 559 669 669), including any subcontractors.

These Terms will apply to any contract between you and us for the supply and installation of Products (Contract).

The Contract 


1                After you place an order for the Product and its Installation, you will receive an e-mail from us acknowledging that we have received your order. Acceptance of your order will occur when you receive an e-mail message that confirms that the Product has been dispatched (Dispatch Confirmation).

2                Summary of your legal rights. 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 03454 04 05 06.

With regard to the Product, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • o      up to 30 days: if your item is faulty, then you can get a refund.
  • o      up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • o      up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.


With regard to the applications to operate the Product, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • o      if your digital content is faulty, you're entitled to a repair or a replacement.
  • o      if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
  • o      if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.


With regard to the Installation, the Consumer Rights Act 2015 says:

  • o      you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • o      if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
  • o      if you haven't agreed a time upfront, it must be carried out within a reasonable time.


Cooling off rights 

3                You have the right to cancel your Contract for the period up to 14 days after the day on which you receive the Product (Cancellation Period). Please note that if the Installation takes place before the end of the Cancellation Period, you hereby expressly waive your right to cancel the Installation.

4                This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or have it installed, you can notify us of your decision to cancel the Contract.

5                To cancel your Contract, you can call us on 0203 0533 781 Monday to Friday 9am to 5pm (except Bank Holidays), or e-mail us at BoilerSMS@homeserve.com or use the model cancellation form at the bottom of these terms. We will confirm any cancellation to you in writing without delay. If a Product has been delivered to you, then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please return the Product using the freepost address Freepost: RLYC-LXAL-GEEH, HomeServe, Cable Drive, Walsall, WS2 7BN. Please ask for a Certificate of Posting when returning the Product to us as proof of postage.

6                Your legal rights to terminate the contract are in no way affected by the above.

7                Where you exercise your cooling off right or your legal right to end the Contract, you must return the Product to us.

8                The Product and its Installation are provided free of charge, so you won’t be entitled to any refund.

9                You will receive the Product within one week of us receiving your order.


Installation 

10              If you request that a Product be un-installed after the Cancellation Period, we will charge you for this.

11              We will make every effort to complete the Installation on time and within the agreed time slot. Where this isn’t possible, we will endeavour to give you as much notice as possible and rearrange the appointment with you. Installations usually last around two (2) hours and are carried out Monday to Friday between 9am and 5pm.

12              A working, always-on internet connection must be available at the place of installation. In order to use all the features of the mobile applications a mobile data connection is required. The availability and functioning of the internet connection is your sole responsibility.

13              During the appointment, we may have to suspend the Installation if we have to deal with technical problems or other issues (for example, asbestos). Where this is the case, we will inform you immediately.

14              We will endeavour to provide the Installation without causing unnecessary damage to your property, but please be aware that the Installation may cause damage around the area of installation and that you may need to redecorate. We will fill any holes and leave the surface level but will not replace the original surface or construction. Any redecoration or repair of damage that may be needed following our work is your responsibility, unless we have been negligent. 


Manufacturer guarantee 

15              For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.


General 

16              We will not be liable or responsible for any failure to perform, or delay in performance (for example delivery) of our obligations under a Contract where this is caused by an Event Outside Our Control, meaning any act or event beyond our reasonable control (including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of public or private transport). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide the Products as soon as reasonably possible. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Products.

17              If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18              We are not responsible for the following:

a)               any costs, loss or damage that you suffer as a result of not using the Product in accordance with the manufacturer guidelines;

b)               any costs, loss or damage that you suffer as a result of a problem caused by your mobile phone, internet connection or heating system;

c)               any costs, loss or damage that you suffer as a result of not receiving, hearing or acting upon a fault message;

d)               any increase in your utility bills;

e)               any costs that you incur as a result of exceeding the permitted data limit on your broadband or mobile phone;

f)                any loss or damage caused as a result of downloading or upgrading the software connected to the Product;

g)               any costs, loss or damage that you suffer as a result of any unauthorised use of your mobile phone (e.g. if it is lost or stolen).

h)               any loss or damage you suffer as a result of you or anyone else altering the radio frequency allocations of your system controls.

i)                replacing the batteries for your Product.

j)                any matters relating to the broadband internet connection to your home.

19              You acknowledge that access to the network may be interrupted to the extent this is necessary for compelling reasons (network maintenance or to eliminate unforeseen vulnerabilities).

20              If you have any questions or if you have any complaints, please contact us at BoilerSMS@homeserve.com

21              These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.



Model Cancellation Form


Date:..................................................


To: HomeServe Membership Limited Cable Drive Walsall WS2 7BN

Customer Services: [Telephone number]

e-mail: [                                         ]



Please take this letter as notice that I wish to cancel my Contract for the supply and installation of a smart device. 


Name of Customer(s):...................................................

Address of Customer(s):

.................................................................................................................................................................. ............................................................................................................................................................................................................ ...................................

Signature of Customer(s)

(only if this form is notified on paper): ..............................................................................