DEFINITIONS

The terms ‘we’, ‘us’, ‘our’, ‘contractor’ means More Heating Service LTD (MHS), having registered office at 23 Roundle Close, London, SE4 1YZ, who are the sole service provider of our Home Care Agreements. 

The term ‘Service’ refers to the Company’s service offerings, which are accessed direct in- person or telephone contact by an MHS representative and/ or via the Company’s website at https://moreheatingservices.co.uk/, in which you can order and pay for services offered.

The terms ‘you’, ‘your’, ‘customer’ means the property owner, landlord or tenant, or user of our ‘Service’ or website.

WHEREAS, Customer is the lawful owner/ tenant of the Property; AND

WHEREAS, the owner/ tenant desires certain gas/heating work to be carried out at the Property as per the “Scope of Work” specified in Annex A and Contractor has Agreed to perform such work, on the terms and conditions mentioned herein below;

Now, therefore, the Parties agree as follows:

1. SCOPE OF WORK

1.1 CONTRACTOR RESPONSIBILITIES

1. Contractor will perform the work as per specifications mention in Annex A scope of work.
2. Contractor will provide the service during normal business hours Monday to Saturday 8:00 am to 20:00 pm.
3. This agreement is for heating services/instrument installation for the purpose of the installation of gas equipment/appliances at the property.
4. Contractor will meet its responsibilities under Customer’s agreement(s) within a reasonable time unless it is impossible because of circumstances outside our control.

1.2 CUSTOMER RESPONSIBILITIES

1. Customer must make access to the appliances/ work area otherwise there will be an additional charge for making/ repairing access points.

2. QUALITY OF LABOR & SERVICES

1. Contactor shall only use certified trained and experienced gas engineers having all the necessary skills needed to satisfactorily complete the work. The contractor shall finish the work on schedule.
2. Contactor shall guarantee all material to be as specified.
3. Contactor shall perform the work in a workmanlike manner according to the industry-standard practices. Any deviation from agreed specifications, involving extra cost, will be executed only after written confirmation of the owner is obtained in advance.

3. PAYMENT SCHEDULE

1. A flat Monthly fee as indicated in Annex A.
2. All service excess variables (Listed under Annex-B of this agreement) are to be agreed upon.
3. Any pre-approved additional cost (cost of any heating system(s) to be purchase) will be bear by the Owner.
4. All contracts are subject to a first visit inspection of the heating systems.
5. Following Customer’s first payment, payments for your agreement will be due monthly. If you choose to pay by cash, cheque, or credit card we may charge you a small administration fee for processing your payment. All of our charges are inclusive of relevant taxes at the prevailing rate.

4. PRICE CHANGES & RENEWALS

1. Your agreement price will not change until renewal unless the Government introduces a change in the rate of Insurance Premium Tax. Under these circumstances’ contractor will write to tell you about any change in price and monthly installment amounts.
2. At renewal, we will write to you to tell you about any changes to the Terms and Conditions or prices. If you pay by Direct Debit, we will automatically renew your agreement(s) annually until you notify us otherwise.

5. INSURANCE

1. Prior to the execution of any work, the Contractor will obtain General Liability Insurance and Workers’ Compensation Insurance and will provide certificates of Insurance to the Owner, with Owner named as Certificate Holder. 

6. WARRANTY & INDEMNITY

1. Contractor warrants the quality of all material and workmanship for (No. of Days/Package tenure). Any defects in the materials or workmanship will be repaired at no cost to the owner.
2. Owner shall defend, indemnify and hold Contractor harmless against all claims; liabilities, expenses, costs, loss or damage of whatsoever nature (including legal cost on a full indemnity basis incurred by Owner) brought against, suffered or incurred by Contractor, and defend any suit brought against Contractor, arising out of or in connection with this agreement, including without prejudice to the generality of the foregoing;

• Any breach of the terms and conditions of this Agreement by either Party;
• Any act; omission, fraud, and negligence or default whatsoever of sub-contractors, employees or agents employed by Contractor to perform its obligations hereunder;
• Any wrongful, incorrect, dishonest, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of/by Contractor or any of its personnel. 

7. CANCELLATIONS

7.1. CUSTOMERS CANCELLATION RIGHT

• Your right to cancel your agreement is subject to the following:

1. (a) If you cancel by posting a letter or telephoning within 14 days starting from the day after you receive written confirmation of your agreement with us (Cooling- Off Period) you will receive a full refund of any money paid (unless we have carried out a repair, in which case minimum charges will apply. Please read the section below on ‘Charges’).
2. (b) If you cancel the agreement after the Cooling-Off Period, we will give you a refund based on how long is left of any 12-month advance or Direct Debit payments, this is subject to any deduction we may make under ‘Charges’.

• Charges – If your agreement is cancelled after the Cooling-Off Period, we may charge you an amount to bring any payments you have made, in the last 12 months, up to the amount set out in the table overleaf. This will depend;

1. (a) on the date of cancellation. The ‘Charge’ covers the costs we have had to pay but which we have not yet reclaimed at the point of cancellation. It includes things such as our costs of carrying out services, dealing with repairs, our organizational costs, or the costs of dealing with your agreement with us (or all the above).
2. (b) The owner agrees to bear all reasonable out-of-pocket expenses and costs (including reasonable attorney and other professional fees and expenses) incurred in connection with the transactions contemplated by the Agreement.

7.2. CONTRACTORS CANCELLATION RIGHTS

• We may cancel your agreement in the following circumstances:

1. a) If we give you reasonable notice.
2. b) If you have given false information.
3. c) If you do not make an agreed payment.

• For agreements concerning gas boilers, gas appliances, or heating systems, if:

1. a) we find something wrong at the First Service; or
2. b) we have advised you that permanent repairs or improvements are needed to make sure your appliance or system works properly, and you do not follow our advice within a reasonable period. This advice may include replacing your boiler or system. (What constitutes a reasonable period will vary depending on the nature of the issue and the period could be short in the case of, for example, a safety issue.)

• If your appliance or system is not on our approved list or we are not reasonably able to find parts to keep your system or appliance working safely.
• If circumstances arise (including health and safety issues) which make it inappropriate for the contract to continue.
• If we cancel your agreement, we will:
• For agreements concerning gas boilers, gas appliances or heating systems give you a full refund if we find anything wrong at a First Service;

1. a) for agreements concerning gas boilers, gas appliances or heating systems that do not include a First Service, if we cancel because we find your appliance or system is not on our approved list or parts are no longer available to undertake the repair, give you a refund of the amount paid in the current Period of Insurance only or;
2. b) in all other circumstances in which we cancel your agreement, give you a refund based on how long is left of any 12-month cash, cheque, credit card, or debit card payment you have already made after any applicable minimum payments have been met. Please see the Charges section.

• If we cancel your agreement because we have told you that permanent repairs or improvements are needed, we may offer you another agreement with us, for example, one which will not include the parts causing the problem, or does not include the cost of repairs to your system or boiler.
• If, after several attempts, you have not made an appointment or we still cannot gain access, we may cancel your agreement. We will tell you in writing if this is the case.

8. THIRD-PARTY RIGHTS

1. Nobody other than you will be able to benefit from this agreement, which cannot be passed to someone else without our written consent.

9. GENERAL CONDITIONS & EXCLUSIONS

1. Waiver. Any term or provision of this Agreement may be waived at any time by the party entitled to the benefit thereof by a written instrument executed by such party.
2. Existing Faults. The contractor will not include the cost of repairs needed because of design faults (unless the Contractor is responsible), or faults which existed before you entered into your agreement or which we could not identify on our First Service or inspection of that particular system or appliance using reasonable care and skill. For example, pipes buried under concrete floors that have been installed incorrectly or without wrapping or movement protection.
3. Governing Law. The terms and conditions for all products and services are written in English and all correspondence entered into shall be in English. Your agreement is governed by the laws of England and Wales.
4. No Benefit to Other. The representation, warranties, covenants, and agreements contained in this Agreement are for the sole benefit of the parties hereto and their executors, legal representatives, successors, and assigns, and they shall not be construed or conferring and are not intended to confer any rights on any other persons.
5. Consents of Agreement. This Agreement together with any documents referred to herein set forth the entire Agreement of the parties hereto and supersede any prior agreement or understanding of the parties with respect to the transactions completed hereby. This Agreement may not be amended except by an instrument in writing signed by each of the parties hereto, and no claimed amendment, modification, termination, or waiver shall be binding unless in writing and signed by the party against whom or which such claimed amendment, modification, termination or waiver is sought to be enforced.
6. Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
7. Counterparts. This Agreement may be executed in any number of counterparts, which when taken together, shall constitute but one and the same instrument. Any and all counterparts may be executed by facsimile.

10. OTHER EXCLUSIONS

1. Pre-existing, system design, or installation faults.
2. Underfloor heating and controls.
3. Boiler repairs are limited to £300 in the first three months of your cover.
4. If your boiler is 7 years old or more when you take out the policy, your monthly premium will increase by £2.00.
5. Damage caused by weather or freezing.
6. The first £70 of any claim.
7. Damage caused by or arising from sludge, scale, and other debris in the central heating system and related pipework.
8. Damage arising as a result of disconnection from, re-connection to, or interruption of the gas, electricity, or water mains services to your home.
9. Electrical “Terminal Ends” (for example such as light bulbs, extractor fans, electric showers, domestic appliances).
10. Any water supply pipe outside the boundary of your home or for which you are not responsible, or freshwater pipes beneath or inside any building or outbuilding.
11. Drains.
12. Damage caused when your home is unoccupied for more than 30 days in a row.
13. We do not cover Landlords or Guest Houses/B&Bs.

11. DISPUTE RESOLUTION AND ARBITRATION

1. The Parties agree to negotiate in good faith to resolve any dispute between them arising out of, under, or in connection with this Agreement. In the event the negotiations do not resolve the dispute to the reasonable satisfaction of the Parties, then each Party shall nominate a person of respectable professional standing and unimpeachable conduct as its representative. These representatives shall, within thirty (30) days of a written request by any Party to such a meeting, meet in person and shall attempt in good faith to resolve the dispute.
2. Upon the Parties being unable to appoint the representatives as aforesaid, or if the disputes cannot be resolved by such representatives in such meeting as aforesaid, then in such an event, these disputes or differences shall be submitted to final and binding arbitration at the request of either Party upon written notice to the effect to the other Party.