ONLINE MAINTENANCE CONTRACT SERVICES ONLY INTERPRETATION INTRODUCTION
If you apply for any product or service we’ve mentioned on this website, you should check these terms and conditions, and the terms and conditions of the product or service itself. If there are any contradictions between the two, the initial terms and conditions of the product or service will supersede
This is your Repair and Maintenance Plan and Service Contractual terms for homeowners, landlords small businesses and small enterprises. Please read our terms and conditions thoroughly, in conjunction with the service package to confirm that the service package you have purchased meets your requirements. If anything is incorrect, or you have any questions, you should contact us immediately.
This policy is sold, arranged and administered by Savida Facility and Construction Network Limited Registered in England and Wales under company number 10436404 and whose registered office is located at Savida House, North Hyde Road, Hayes, London, UB3 4NR and with VAT number 258 0332, Tel: 020 7856 0119 – firstname.lastname@example.org www.savidafm.com
Savida and its subsidiaries will only amend these terms and conditions for legal or regulatory reasons. Where this change benefits you and us, we will make the change immediately and notify you within 28 days. In all other cases we will write to advise you of the change at least 28 days prior to any change taking effect. If the changes do not benefit you and you wish to cancel your policy, you may do so and we will follow the procedure as outlined in section A, under the heading ‘How can my policy be cancelled?
- This policy is for residential, homeowners, landlords and small businesses under 5000 square feet and other retailers, commercial and business premises also under 5000 square feet. Councils and housing association tenants will not need this service.
- Residential: This property must be your permanent home and owned and solely occupied by you and your family as a private residence with no business use.
- Business premises: must match our criteria for services upon registering and meeting the require business premises size mentioned in our registration form and at point (I) above
- Landlord: This must be a rented property and host tenant for business or residential use
- Luxury / High End Home: This must be your home and be classified by you has a luxury/high end home either by value, space or area of location.
Wherever the following words and phrases appear, they will have the following meaning:
- Contract: means the general terms and conditions and terms of service agreement, forming the contract between You and Us for the Subscription Maintenance Services in accordance with these Terms.
- Contract Price: The price You must pay for Your service Contract, as specified in our overview.
- Contract Year Residential / Landlords / Luxury Home Owners: means the period of 24 months commencing on the Start Date of Your service Contract, or if You elect to renew Your service Contract the period of 12 months commencing on the renewal date.
- Contract Year Business Properties: The initial term of this agreement being a period of (36) months for businesses and Business Properties from the Start Date of Your service Contract, or if You elect to renew Your service Contract the period of 24 months commencing on the renewal date
- Subscriber: a home owner, tenant, landlord, a company or other corporate undertaking or legal entity which has a Subscription for our Subscription Facility or Maintenance Services.
- Controls: means the programmer / time clock, room thermostat (if fitted), cylinder thermostat (if fitted), and zone valves (but excluding the fused spur switch and any thermostatic radiator valves).
- Domestic Purpose: means at least 75% of the rooms in Your Home must be used for normal living purposes, and not more than 25% of the rooms are used in connection with a business, trade or profession.
- Fixed Fee / Excess: means an amount that is paid each time a repairs is carried out, outside of your designated subscription plan.
- Home: means Your private domestic dwelling where You reside, the property You rent out, including any garage connected to Your property, but excluding all outside areas including (but not limited to) workshops, gardens, outbuilding and sheds.
- Landlord Property: means the property You rent out, including any garage connected to Your property, but excluding all outside areas including (but not limited to) workshops, gardens, outbuilding and sheds.
- Luxury Property: means Your private domestic dwelling where You reside, the property You rent out, including any garage connected to Your property, but excluding all outside areas including (but not limited to) workshops, gardens, outbuilding and sheds.
- Business Property: The private home, garage and domestic outbuildings registered for business use, commercial or industrial properties within the property boundary at the address shown on your policy schedule. (excluding sheds, greenhouses and non permanent structures) The extent of your property will be that which is wholly within your control in which you are wholly responsible for.
- Minimum Charge: means the lesser of: The Service Contract Price less the Monthly Payments We has received during the Contract Year; and The cost of the Work We have undertaken during the Contract Year calculated at Our normal rate for labour and parts.
- Monthly Payments: means the part of the service Contract Price which You must pay every month.
- Normal Operating Hours: means between 9.00am – 5.00pm Monday to Friday. Excluding public holidays.
- Renewal Date: means if You elect to renew Your service Contract, the date of which Your renewed service Contract starts, which will normally be the anniversary of Your Start Date or automatic roll over if not cancelled within 60 days prior to your contract ending date in writing.
- Schedule: means the schedule which We will send You at the start of Your service Contract, which will set out the Contract Price and Your Monthly Payments.
- Register: means you agreeing to the Contract Prices, Your Monthly Payments agreeing to our general terms and condition, terms of services, before agreeing to use our services
- Services: means an annual Service to ensure the elements in Your service Contract are safe and in good working order.
- Start Date: means the date on which Your service Contract will start, as set out in Your Schedule.
- Work: means the service and repairs that We will carry out at Our absolute sole discretion on the occurrence of any uncertain event relating to the systems or project detailed in Your service Contract.
- We/us/our: Savida Facility & Construction Network Limited, its authorised agents and engineers, unless otherwise stated.
- You/Your/Subscriber/Landlord/Authorise Person: The person(s) who has the benefit of this policy.
- Authorised Users: those individuals who are authorised by the Subscriber to use the Subscription Services, whose names, contact number and email addresses have been provided to Savida and in respect of whom Savida has accepted their membership.
- Breakdown: A sudden and unforeseen mechanical, plumbing or electrical malfunction which results in the system or systems no longer working.
- Emergency/ies: Sudden and unforeseen damage to something in your property covered by your plan, which immediately can or is a danger to you, your wellbeing, visitors, family or friends.
- Cancellation period: The number of days, after your policy start date, during which you can cancel your policy and receive a full refund unless you have made a claim. This is shown on your Terms of Service
- Claims limit: Any claims limit referred to in this policy includes labour, materials and VAT, as applicable.
- Customer services number: The telephone number to call when you have any questions about your policy. The number is shown on your policy schedule.
- Emergency repair(s): Repair work undertaken by an engineer to resolve the immediate emergency and to prevent any further immediate:
- a) Exposure to a risk to your health; or
- b) Risk of loss of or damage to the property; or
- c) Risk that the building will be uninhabitable, in each case arising from the relevant incident and when you are totally without electricity
- Engineer(s): The person(s) employed and/or authorised by Savida Facility & Construction Network Limited to deal with your incident.
- Business Day: any day which is not a Saturday, Sunday or public holiday in the UK.
- Commencement Date: The day you register via our online registration form or telephone services and agreed to our general terms and condition and terms of service
- Confirmation: the email from Savida accepting your request to become a registered member and accepting these Terms and the terms you have accepted upon registration of interest.
- Content: means all text, images, information, material, databases and data on our site or provided by Savida as part of our Subscription Maintenance Services, but which does not include any text, images, information, material, databases or data uploaded to the site by a Subscriber.
- Services: means and refer to either residential home owners, Luxury Homes or properties, commercial and small businesses properties and enterprise businesses and landlord’s properties or portfolios.
- Maintenance Services: means a service subscribe for and provided either as a package or single service (Routine, Planned or Reactive Maintenance) offered or carried out by Savida FM its engineers or contractors or sub-contractors
- Facility Services: means a service subscribe for and provided either as a package or single service offered or carried out by Savida FM its engineers or contractors or sub-contractors
- Construction Service: means any services provided as new, replacing or refurbish offered or carried out by Savida FM its engineers or contractors or sub-contractors
- Materials: means any material or equipment provided by us or the subscriber
- Intellectual Property: means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- Subscription Maintenance Services Package means: the provision of reactive repairs and maintenance services for
- Residential homeowners or tenants.
- Luxury homes or tenants.
- Commercial property owners, tenants (Occupants), small and large businesses.
- Landlord or businesses or landlord or businesses with property portfolios
- Terms: These terms and conditions as varied from time to time between the parties.
- Website: The website www.savidafm.com.
BASIS OF CONTRACT
- A Subscriber’s request through this Website for the provision of the Subscription Maintenance Services constitutes an offer by the Subscriber to purchase Our Services in accordance with these Terms and with the Website Terms of Services.
- The Subscriber’s contract shall only be deemed to be accepted when Savida has issued a Confirmation by automatic email sending, acceptance of our terms of services and service terms & conditions and Savida has received cleared payment monthly in advance, Quarterly, half yearly or in full of the relevant Subscription Fees at which point and on which date the Contract between us shall come into existence (“Commencement Date“).
- When you are buying online and you click “register” or you fax, post, email or telephone us with details of your subscription, you are making an offer to take out a subscription which, if accepted by us, will result in a binding contract.
- These Terms apply to the Contract to the exclusion of any other terms that the Subscriber seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Subject to the Subscriber paying the Subscription Fees, the restrictions set out in this terms and condition and term of services and the terms and conditions herein, Savida hereby grants to the Subscriber a non-exclusive, non-transferable, non-assignable, non-sub-licensable right to permit the Authorised Users to use the Subscription Services during the Subscription Term solely for the Subscriber’s normal business or personal purposes solely for the property subscribe for and cannot be transfer or use on any other property.
- The Subscriber undertakes that:
- It will not allow or suffer any password or user’s email address to be used by more than one Authorised User;
- Each Authorised User shall keep secure and confidential his password and email address for his use of the Subscription Repairs or Maintenance Services;
- Immediately notify Savida if any Authorised User is no longer to be permitted access to the Subscription Repairs or Maintenance Services;
- It will not allow access to any Subscription Service through a single user name and password being made available to multiple users on a network;
- It shall notify Savida immediately if it believes there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name or password);
- It shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Subscription Services; either online, telephone, fax or mail
- It is a maintenance and facility company and acknowledges that this is the service term of the contract.
- Savida reserves the right to access and monitor password-protected information, including any information concerning activities in relation to a Subscription in order to fulfil its obligations under these Terms, to protect or comply with its legal rights and obligations and for other purposes as set out in our Website Privacy and Cookies Policy or otherwise notified to you.
ADDITIONAL AUTHORISED USERS
- If the Subscriber wishes to obtain access to the Subscription Services for persons in excess of the number of Authorised Users agreed with Savida the Subscriber shall notify Savida in writing. Savida shall evaluate such request and respond to the Subscriber with approval or disapproval of the request (such approval and any terms upon which it is granted to be at Savida sole discretion). Savida will not permit a Subscriber to have more than 2 Authorised Users per household and 5 authorise users for businesses.
Savida shall, during the Subscription Term, provides the Facility and Maintenance and Construction Services to the Subscriber subject to these Terms.
- Residential Property Services: means subscription maintenance and facility services for private homes or resident. This shall be the subscriber only place of subscribe resident. One property per subscriber shall be considered under this plan. More than one will be consider as a rental residents. Savida will provide all services chosen by the subscriber’s base on the chosen package with the exception of providing parts. Parts provided will be chargeable according to service terms and Condition. (See your package plans for more details)
- Commercial Property Services: means subscription maintenance and facility services for large and small businesses and consist of more than one subscribe properties under this plan. Savida will provide all services chosen by the subscriber’s base on the chosen package with the exception of providing parts. Parts provided will be chargeable according to service terms and Condition. (See your package plans for more details)
- Landlords and Business Property Services: means subscription maintenance and facility services for any rented property, home, multiple occupation homes or businesses or property which is not the resident of the subscriber. Savida will provide all services chosen by the subscriber’s base on the chosen package with the exception of providing parts. Parts provided will be chargeable according to service terms and Condition. (See your package plans for more details)
- Luxury Property Services: means subscription maintenance and facility services for any property homes or business consider being luxury homes or commercial luxury building. Savida will provide all services chosen by the subscriber’s base on the chosen package with the exception of providing parts. Parts provided will be chargeable according to service terms and Condition. (See your package plans for more details)
- Single Subscribe Service: means all single services fixture and fittings included and subscribe to either inside or outside, business or residential.
- Single, One Off Services: means all single services fixture and fittings included and subscribe to either inside or outside, business or residential
- Savida shall use reasonable endeavours to make those Services which are accessed available 24 hours a day, seven days a week.
- Savida will ensure it website is available 24 hours a day, except for when there is planned maintenance or unscheduled urgent maintenance or unforeseen circumstances beyond our control or act of God.
The following are also excluded from your service plan and will not be considered to be a part of this agreement for any of the following:
- any item not forming part of your policy coverage as explained in ‘in the exclusion clause?’;
- any event, loss or damage arising from circumstances known to you before your policy start date;
- any costs / activities in excess of the claims limit or any other limit specified in ‘What is Covered?’.
- You are responsible for agreeing and settling these costs directly with the engineer;
- any losses caused by any delays in obtaining spare parts and any losses as a result of an incident covered by this terms other than those direct costs expressly covered by this terms, unless caused by our negligence or that of our agents and suppliers, including the failure to search all of our stocklists for a spare part;
- systems/equipment/appliances that have not been installed before hand, serviced or maintained regularly according to British Standards and/or manufacturer’s instructions; or that are subject to a manufacturer’s recall;
- instances where a repair/replacement is only necessary due to changes in legislation/health and safety guidelines;
- any defect, damage or breakdown caused by malicious or wilful action, negligence, misuse or third party interference, including any attempted repair or modification to the elements covered by this policy, which does not comply with British Standards;
- the costs of any work carried out by you or persons not authorised by us;
- any parts not supplied and chosen by us. Subject to any applicable regulations, our engineer can fit an alternative part (that complies with British Standards) supplied by you at the time of the visit (e.g. a switch or tap) however this part will not be guaranteed and you will be billed for the cost of carrying out that job. Our engineer will not fit alternative parts supplied by you where the claim relates to the gas supply or the central heating system; Our engineer will discuss with you beforehand any additional cost.
- normal day-to-day maintenance of the items, for which you are responsible;
- any situation where due to health and safety, a specialist person is required, e.g. where asbestos is present;
- any loss in the event of damage occurring where the property has remained unoccupied for 60 or more consecutive days;
- any loss arising from subsidence, heave of the site or landslip caused by:
- bedding down of new structures;
- demolition or structural repairs or alterations to the property;
- faulty workmanship or the use of defective materials;
- river or coastal erosion;
- Any loss or damage arising as a consequence of:
- war, invasion, act of foreign enemies, terrorism, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, coup, riot or civil disturbance;
- ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from combustion of nuclear fuel, the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or its nuclear component;
- any defect, loss or damage occasioned by fire, lightning, explosion, tempest, flood, earthquake, impact or other extraneous causes, unless the consequences of any of these are expressly stated to be included elsewhere;
- loss, damage or indirect costs arising as a result of disconnection from or interruption to the gas, electricity or water mains services to the property, for example a power cut to your neighbourhood;
- any investigative work, where the incident which caused you to claim has already been resolved;
- The following are not covered:
- pumps including; sewerage pumps, drainage pumps, shower pumps, any associated electrics or valves;
- waste disposal units, macerators;
- ground, air and water source heat pump systems;
- power generation systems and their associated pipework, pumps, panels and controls including: solar panels and/or wind turbines; combined heat and power systems (systems that generate electricity and heat at the same time).
USE OF THE SUBSCRIPTION SERVICES AND CONTENT
The Subscriber may print, store on its own secure servers, distribute and make available Content to its own employees provided that:-
- It does not make any photocopies of Content and that the use of the Content is for the Subscriber’s own internal business or home purposes and use only by its employees or authorise persons to facilitate the request of our services.
- The Subscriber shall not and shall not allow or suffer any Authorised User or employee within its business to, except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the Content in any form or media or by any means.
If the Subscriber wishes to substitute any Authorised User it shall notify Savida in writing of the:-
- name and email address of the Authorised User that it no longer wants to have access to the Subscription Services; Homes and businesses
- The name, email address and password of the new Authorised User to have access to the Subscription Services
- Savida shall, following receipt of such notification terminate access to the relevant existing Authorised User and consider for approval the proposed application for the new user name, email address and password for the new Authorised User (such approval and any terms upon which it is given to be at Savida absolute discretion).
- Savida undertakes that in preparing the Content for the Subscription Services it acts with reasonable skills and cares and will use reasonable endeavours to ensure that Content is accurate and complete at the date it is first published. However, the Subscriber acknowledges and confirms that the Content may not be complete or accurate in all respects and that any Content may be out of date at any given time, and Savida is under no obligation to update such materials.
- Savida doesn’t warrant that the Subscriber’s use of its Subscription Maintenance or Facility Services will be uninterrupted or error-free; nor that the Content and/or the information obtained by the Subscriber through the Repairing Services will meet the Subscriber’s requirements.
CHARGES AND PAYMENT
Conditions that apply to Our service Contracts.
Period of Contract.
- Our period of Contract is for a minimum of 24 months for residential properties and 36 months for commercial or business properties and is payable by Monthly Payments, invoicing are as agreed by Savida before the commencing of this agreement for new services.
- Contract holders: Your service Contract starts the day Your application is processed
- Your Contract Price may change if the government introduces a change in the relevant tax rate, under this circumstance You will not be entitled to cancel Your service Contract.
- We may also make changes to Your price to reflect increases or reductions in the actual or projected costs of providing Your service Contract, including, but not limited to the number, costs or timing of Work carried out which We as part of Our pricing service Contract have assumed or projected will be made under this service Contract.
- We will always inform You about any changes to Your Contract Price and Monthly Instalments.
- Monthly Payments are to be made by monthly Direct Debit or invoicing, as the Monthly Payment becomes due for that month.
- We don’t accept any other payment methods or structures unless firstly agreed with our b2b subscribers before the commencing of this contract and setting out the service Contract terms and condition, administration charges (of the equivalent amount of the Monthly Payment of your chosen package) and will be taken by Direct Debit or by invoicing
- Should You cancel your Contract within the first 14 days You will receive a full refund less admin charges. Should You cancel after the initial 14 day period the full Contract Price will be due for payment. If a Service has been provided within the first 14 days and You cancel You will be required to pay for the Services and parts provided.
- All prices are strictly net and Monthly Payments shall be made on the day agreed by Direct Debit/invoicing without any discount or other reduction, and without deferment on account of disputes, unless otherwise notified in writing by Us.
- All payments (Domestic or commercial) are collect or charged in advance payment of 30 days/1 month.
- We may, at Our absolute sole discretion, require at any time, by delivery of an invoice to You, that all or part of the Contract shall be paid in advance or on account and sums so invoiced shall be immediately payable, any balance remaining payable as otherwise proved herein.
- If either the Monthly Instalment or the full payment is not received on the due date for payment; an administration charge will be added for each Monthly Payment (residential property will be £10 for miss or late payment) (£Commercial properties will be £20 for miss or late payment) that has not been cleared in full on the required date previously agreed.
- Late payment or default payment will be turned over or transferred to our external credit control team or debt collectors.
- If You are a limited company or a sole trader, interest, applied in line with the provision of Late Payment of Commercial Debts (Interest) Act 1998, shall be payable by You from the date by which payment should have been made on the unpaid amount, accruing on a daily basis, at the rate of 8% above the base lending rate of the Bank of England from time to time in force, Unless otherwise specified.
- We shall have the right at Our absolute sole discretion to suspend all further services until all outstanding Payments or full payment of Contract is made. In the event that We provide a service to You and no monthly payment was made, You will be required to pay the full outstanding amount on receipt of the invoice for the repairs carried out to your property.
- We hold the right to process the unpaid outstanding amount that is due with a pre-authorisation via a debit or credit card or via our other payment system
FIXED FEE’S / EXCESS / ADDITIONAL CHARGES
- The amount of Fixed Fee / Service Charge/One Off Charges that You agree to pay will be shown in Your Summary and also Annual Statement, and is payable, every time We are called out to carry out Work under your Contract.
- Our engineer will decide whether a fault is related or unrelated to a previous breakdown visit that has been carried out within the last 30 days guarantee period. You will need to pay any Fixed Fee if the Work is not related to a previous completed fault that is still under guarantee.
- We will ask for pre-payment by credit or debit card, bank transfer or a mutual promise to pay sign document, at the same time that We are booking Your appointment with one of our engineers. All repair work is guaranteed for 30 days subject to our general terms and conditions.
- We provide You with various service Contracts to choose from, Your choice will determine the service Contract provided and the amount charged
- Upon making a claim or reporting a repair problem/faults we may ask you to conduct certain checks and if an engineer has been sent out, we may, upon our discretion, charge a call-out fee of £85 if it transpires that the faults was not within the agreed scope of being normal or in according with the terms associated with your plan.
ANNUAL SERVICE VISIT
- Your Contract includes an annual Service visit. Annual Service visit means; a visit We carry out at our absolute sole discretion in each period of Contract to check that the elements included in Your Contract are safe and in good working order.
- We will contact You to arrange a visit to Your Home and or business each year of Contract, to inspect Your boiler and central heating system etc according to your chosen package.
TO ARRANGE YOUR ANNUAL SERVICE VISIT
- We may contact You via phone, email or text. Should You not respond, We will assume that You don’t wish to have an annual Service visit for that particular period of Contract, and We will move Your annual Service visit due date to approximately the same time in the following Contract year.
- In these instances, We will not reimburse any of the service Contract fees. You will still be entitled to have Your annual service visit before the end of Your period of contract, but You will need to contact us to arrange an appointment.
- We will normally give You 28 days’ notice to tell You of any changes of what is included in Your service Contract (or any changes to your prices) for the next period of Contract, unless exceptional circumstance apply.
- Unless You tell us when We email or write to You that You do not want to renew, We will automatically renew Your Contract for another fixed period of 12 months for residential customers and 24 months for businesses.
- At the end of Your period of Contract and at the end of each subsequent extended period, the price of Your Contract may change, this can be because of general inflation and / or because We have more detailed and accurate information about the services we provide to you, as well as Your breakdown history, meaning the price We charge when Your contract renews will be tailored to You.
- If You are moving out of Your home, or buying a second home, You will need to tell Us as soon as possible about any change of address.
- We will move the current contract to your new Home, if applicable, if a different package or services is required, a new Contract will be offered at this time.
DOMESTIC AND BUSINESS USE
- Our Contract is only available for boilers, central heating, electrics, drains, plumbing systems and kitchen appliances used for domestic purposes or light commercial premises with a boiler not exceeding 70kw.
- If You own a domestic property which You rent out, You can also hold our service Contract for these properties, however a service Contract to include Landlord Gas Safety Certificate CP12 would be required
WHERE WE CAN PROVIDE THE CONTRACT
- We are currently accepting customers throughout the UK.
- Any benefit provided by Us under this Contract shall be granted solely by Us and in every case shall be made only upon such terms and conditions as the company determine.
- For the avoidance of doubt, the limitation or the provision of the benefit shall only be made at Our absolute discretion.
GAINING ACCESS TO YOUR PROPERTY AND ARRANGING APPOINTMENTS
- Our engineers will only work in Your property if there is somebody aged 18 years 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 need to arrange another appointment.
- If You call us out and nobody is in a second visit will be chargeable at £50.00
- If You do not arrange another appointment, or We cannot gain access, Your Contract will continue, even though We have not been able to carry out the work.
- If, after several attempts, We have not been able to complete an appointment, or We still cannot gain access, We may email You to let You know that We have cancelled Your Callout.
- There will not be a refund of your callout fees at this stage.
- We may advise You that permanent repairs or improvements are needed to help make sure Your required system works safely (for example, to keep to Gas Safety Regulations, such as upgrading Your ventilation to meet current standards).
- If You do not follow Our advice, Your Contract will continue to run, but our engineers will not attend to your property unless our safety requirement is complied with.
- We will however try our best to help you comply with any property safety deficiencies. .
- If our engineer does not carry the spare parts needed on the day of Your appointment, We use various approved suppliers, which means We can normally get hold of most items the following working day.
- If not, We will, at our absolute sole discretion, obtain and install parts, as soon as possible.
- We may use other approved, used parts, or parts that have been reconditioned by the original manufacturer or approved third parties.
- Either one of Our own engineers or a suitably approve qualified sub-contractor will carry out the Work.
- We guarantee repairs work for a period of 30 days from the date we completed the Work subject to our general Terms and Conditions. If You experience the same fault again within 30 days any fixed fees/ excess applicable will be wavered.
- 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 boiler, We will commission and carry out a safety check on Your new boiler at the time of installation. A separate annual Service visit will not therefore be carried out during that 12 month Contract.
- Upgrades include replacing working radiators with improved models, and replacing standard radiator valves with thermostatic radiator valves.
- Depending on availability You may be able to buy system upgrades from Savida FM, such as powerflush, system filters and scale reducers or trace heater kits, taps, bath, pipes and various building and construction materials and parts.
- Any repairs required to Your upgraded system will be carried out at Our absolute sole discretion under Your service Contract unless general exclusions apply. Should You have a powerflush from a third party, We would require proof of purchase of the powerflush in order to complete any subsequent repairs.
INTERNET CONNECTED HEATING CONTROLS
- You may also hear this product referred to as Remote Heating Control or Hive Active Heating. Internet connected heating controls allow You to control Your Central Heating System remotely.
- This service Contract excludes Your broadband connection, mobile phone and any other internet connected heating control equipment.
YOU’RE CANCELLATION RIGHTS
- You may cancel this Contract within 14 calendar days of signing the Contract by either notifying Us in writing or by telephone, at the detail provided.
OUR CANCELLATION RIGHTS
- We may cancel Your Contract in the following circumstances;
- If You give us false information.
- At Our discretion if you do not make an agreed monthly payment
- If you’re appliance or system is not on our approved list.
- If you do not give us access to contracted property, if this is needed.
- If we are not reasonably able to find parts for your boiler, central heating or plumbing system.
- If improvements we tell You are needed are not completed.
- You are physically violent or verbally abusive to our staff to include subcontractors.
- In these circumstances You will not be entitled to a refund of the Monthly Payments You have paid, and You must also pay us the Minimum Charge.
We may also choose to cancel this Contract:
- If your boiler is 7 years old or more, and not repairable. In this circumstance, You will not receive a refund of the Monthly Payments You have paid in that Contract year.
- If We choose to cancel Your Contract, We will notify you via email.
CLAIM NOTIFICATION AND REQUIREMENTS
In order to report a repairs request, you or your authorised representative must:
- Have the authority to make such request and pay the callout charges before a confirmation can be given.
- On special occasion and with reasonable believe that there maybe some danger to live and property, and at our sole discretion we may attend to the request and issue a bill for payment if the authorise person agrees to our invoicing terms and condition
SUBROGATION AND OBSERVANCE
- If a claim arises as a result of the act or default of a third party, at the request and expense of Us, you shall take and permit to be taken in its name all necessary steps to enforce its rights against any such third party.
DESIGN OR EXISTING FAULTS
- We will not carry out repairs if there are design faults, faults which existed before You entered into your Contract with Us, faults which We identified on a previous visit or Contract at the property, or faults which We could not, using reasonable care or skill identify on our first service or a repair call out to Your boiler, central heating or plumbing system.
- For example, this would apply to pipes buried under concrete floors, or any pipes that do not have acceptable pipe protection (acceptable pipe protection for pipes under floors is factory sheathed, soft copper laid through plastic ducting).
- Joints should not be located in the plastic ducting / sleeve, and the pipes should be installed according the manufacturer’s instructions.
ACCIDENTAL AND THIRD PARTY DAMAGES AND DAMAGE FROM DELIBERATELY TAKING RISKS.
- We will not stand the cost relating to damage caused by You or any third party, if work is carried out on Your boiler or central heating system or any other project of which is named on your plan 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, the repair will be excluded from Your service Contract.
- We will not carry out repairs to accidental damage to Your plumbing system caused by a resident of the property. For example, if You accidentally put a screw or nail through a hidden pipe (plumbing system only).
- We will not cover damage caused by DIY intentionally carried out directly on the plumbing system or any equipment named on your package plan.
ALL OTHER LOSS OR DAMAGES
- Any cost or expense (unless caused by Our negligence) caused by necessary access and / or associated with reinstating the fabric of the Home and costs associated with the remedial work, redecoration, or restoration of any fixtures or fittings needing to be removed or replaced during the carrying out of any Work.
- Unless caused by Our negligence, We will not be responsible for any loss or damage to Your Home as a result of Your boiler, central heating or plumbing system breaking or failing, including cleaning needed, or damage to fixtures or furniture, for example, damage caused by water leaks.
- We will not be responsible for making good any damage necessary that We have caused in order to carry out any repair or maintenance in order to meet Our obligations under this Contract.
- Will also not be responsible for replacing the original surface or construction (for example, redecoration).
- However we will try our best to minimise any damage and at our sole discretion to bring back to normal what damages can be repaired at the time of the engineer being called out.
- In some cases another engineer may need to be called out to rectify any damages or additional work at a cost to you.
RISKS NORMALLY INSURED UNDER HOUSEHOLD OR OTHER INSURANCES
- Except and only to the extent specifically stated under this Contract, We will not carry out any repairs under this service Contract that are covered by insurance policies that You hold. This will be the responsibility of the insurance provider.
- 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, lighting, explosion, flood or storm. You should check Your household insurance to ensure that You have enough cover for these risks.
- If anything specifically stated has been included in this Contract, 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.
- For the avoidance of doubt, this is a Contract for the provision of specific services supplied at our absolute sole discretion. This is not a contract of insurance, a guarantee or an insurance policy.
- For certain items We keep an approved list, We only carry out work at our absolute sole discretion on gas boilers, central heating system controls and plastic pipes which are on Our approved list.
- Nobody other than You will be able to benefit from Your service contract, 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 and to appoint the said representative for invoicing or callout charge payments if it differ from You.
- Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
VARIATION OF TERMS
Savida may vary these Terms from time to time in the following circumstances:-
- Changes in how we accept payment from you;
- Changes in relevant laws and regulatory requirements;
- Changes in how we charge for our Subscription Facility and Maintenance Repairs Services; and
- Changes in how Savida deals with Content.
- Every time that you pay for our Facility and Maintenance Repairs Subscription Services the Terms in force at that time will apply to the Contract between Savida and the Subscriber.
THIRD PARTY RIGHTS
- These Terms do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing or email and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at their home address or registered office (if a company) or (in any other case) their principal place of correspondence
- Any notice or other communication shall be deemed to have been duly received if delivered personally, when sent by the registered email, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
GOVERNING LAW AND JURISDICTION
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the United Kingdom