Warmcare Terms and Conditions
About Our Service and Maintenance Contracts
This document explains:
- What products in your service and maintenance contract that we “do” and “don’t” cover.
- What to do if you would like to request a call-out, change or cancel your agreement.
- How to make a complaint.
It is important you read and understand these terms and conditions or if you require any assistance in understanding or have any questions please do not hesitate to call us on 01329 234 111.
- What is Covered
- Requesting assistance
- About Your Cover
- Complaints Procedure
- Cancellation Provisions
- Using personal information
- Warmcare Pricing
Diamond Gas and Heating Ltd will provide the services and benefits described in this cover:
- During the period
- Within the geographical limits
- Following payment of the premium
We will provide the services and benefits on the basis of the details you have supplied and subject to the following terms and conditions. Please read carefully, to ensure this cover meets your individual requirements. Your cover is made up of your application, these terms and conditions (also referred to as ‘your cover’), and cover schedule. The terms and conditions for this cover are written in English and all correspondence entered into shall be in English.
The aim of this cover is to provide a product which meets the demands and needs of householders who want protection in the event of a breakdown of their central heating system and/or their boiler and controls. This cover should complement your household insurance policies and provide benefits and services which may not be available under those policies. We aim to provide a safe, high-quality service to repair the equipment included under this cover. If you have any questions or concerns about your cover, please contact us on 01329 234 111.
Meaning of words: This part of the cover wording sets out the words which have a special meaning. Each word listed with the meaning explained alongside it and is printed in bold type wherever it appears in the cover wording.
1.1 Application: An application for arrangement of the cover details in this cover which can be made by you by telephone or by the completion of an application form.
1.2 Central Heating System: The Gas central heating system in your home. This includes pipes flow and return pipework which connect components of the system, but not hot and cold-water supply or drainage pipes. This does not include any non-domestic heating or hot water systems or any form of solar heating or underfloor heating pipework.
1.3 Geographical Limits: The mainland of Great Britain, not including the Isle of Wight. There are few areas of Great Britain where cover is not provided, if this affects you, we will tell you when you apply.
1.4 Home: This is your place of residence being your private domestic dwelling and any covered garage connected to your place of residence. Excludes outside areas, including your gardens, lawn, outbuildings, borders and driveways.
1.5 Covered PERSON(S) or YOU/YOUR: The person named on the cover schedule, together with the members of your household normally residing with you. In your absence on a trip away from your home, the person duly authorised by you as the key holder responsible for the home.
1.6 Our/us/we: Diamond Gas and Heating Ltd administer the cover and manage all claims on behalf of Diamond Warmcare.
1.7 Period of Cover: The period shown on the cover schedule which shall commence at least 30 days following the date you first applied, and the application was accepted for cover, or after a Safety & Energy/Efficiency check has been completed.
1.8 Unoccupied: When your home has not been lived in by your family or anyone who has your permission, for more than 30 days in a row. Lived in means slept in frequently.
2. What is Covered
2.1 Warmcare contracts
All our Warmcare Contracts include (excluding Warmcare Service):
2.1.1 Annual boiler service.
2.1.2 Unlimited call outs 365 days per year.
2.1.3 48-hour response time.
2.1.4 Discounted labour rates (when applicable).
2.1.5 24/7 helpline.
2.1.6 Parts and labour for repairs subject to the terms of your cover.
2.1.7 Getting to your system (see ‘Getting to your system’ in section 5).
2.1.8 Advice about your system from our Gas Safe Registered engineers during any necessary repair visit.
2.2 Warmcare Boiler.
2.2.1 All parts and labour if/when your gas boiler needs repair. If your gas boiler is less than five years old (manufacturer confirmation required) and we find it to be either beyond economical repair due to obsolete parts for example or it works out to be more expensive to repair than replace, we hold the right to replace the boiler with a suitable new boiler we have approved.
2.2.2 If your boiler is over five years old (manufacturer confirmation required) or more and it is beyond economical repair (i.e. More than £400 worth of parts fitted during your contract period), or you choose to replace your boiler at any time (however old it is), as a Warm Care Boiler customer you will get your installation at a special discounted rate.
2.2.3 There is no age limit on your boiler and it does not matter who installed it as long as all the essential working parts are available.
2.3 Warmcare System
2.3.1 Parts and labour if/when your heating system needs repair.
2.3.2 Hot water vented cylinders.
2.3.3 Time and temperature controls.
2.3.4 Radiators and radiator valves.
2.3.5 Pump and motorised valves.
2.3.6 System pipework.
2.4 Warmcare Boiler Plus
2.4.1 Warmcare Boiler Plus covers everything stated in both our Warmcare Boiler and Warmcare System contracts.
2.5 Warmcare Service
2.5.1 This is for an annual boiler service only. Any parts required will be charged at full rate. Labour will be charged at a discounted rate.
2.5.2 Discounted labour rates (15%off)
2.5.3 Priority bookings/appointments.
2.6.1 Annual Fire Service: This covers the annual service only, no repairs or parts
2.6.2 CP12: A gas safety certificate issued with service
2.6.3 Fuel Type: Natural gas / LPG / Oil
3.1 Warm Care Boiler Exclusions
3.1.1 Replacing parts of your boiler if our engineer deems it beyond economical repair (see 2.2.1).
3.1.2 Replacing your boiler if it is five years old or more (see 2.2.2).
3.1.3 Repairing or replacing appliance flues.
3.1.4 Boilers with heat output greater than 42kw
3.2 Warm Care System Exclusions
3.2.1 Repairing or replacing parts of your central heating system and controls that are specifically designed for piped or electric under floor heating.
3.2.2 Replacing internet smart controls, RF programmers and RF room thermostats.
3.2.3 Heating appliances such as kick-space heaters, fan assisted radiators, towel rails, school radiators, designer radiators (e.g. column radiators etc.), custom made cylinders, unvented cylinders, primatic cylinders, thermal stores, dual fuel kits and immersion heaters.
3.2.4 Cylinders with volume greater than 40 gallons or 183 litres
3.2.5 Pipework greater than 28mm diameter
3.2.6 Boiler mate or similar internal products.
3.3 General Exclusions
3.3.1 Claims outside the period of cover. (The period of cover is shown on the cover schedule and does not commence until 30 days following the date your application for cover was accepted).
3.3.2 Design or existing faults – We will not include the cost of repairs needed because design faults (unless Diamond Gas & Heating Ltd are responsible), or faults which existed before you entered cover.
3.3.3 Mechanical breakdown or removal of parts/products due to sludge or lime scale build-up within the system/boiler.
3.3.4 Third-party or accidental damage – we will not include the cost of repairs relating to damage caused by you or someone else.
3.3.5 Indirect losses caused by the breakdown – Unless we are responsible for it, we will not include loss or damage to property (including any cleaning needed) or any other type of loss caused by the appliance, boiler or system to which this policy relates breaking down or leaking (for example, damage to furniture caused by water leaks). If access has to be made to your appliance boiler or system, we will not replace the original surface or construction. Any redecoration that may be needed following our work is your responsibility unless we have been negligent.
3.3.6 Normal insured risks – We will not include the cost of repairing faults, or damage caused by freezing weather conditions (for example, frozen condensate pipework), subsidence, structural repairs, accident, lightning, explosion, flood, earthquake or storm. You should check your household insurance to make sure your home has enough cover for these risks.
3.3.7 Replacing appliance, bathroom fixtures, showers and sanitary ware (apart from boilers as described earlier).
3.3.8 Improvements, including work that is needed to bring your system up to current standards. Examples of improvements include system upgrades, such as adding thermostatic radiator valves, replacing parts such as fuses or vents which do not meet current standards, and replacing working radiators with improved models (these are examples only, not complete list.) You may need to have improvements carried out before we are able to complete other repairs to your system.
3.3.9 Replacing or repairing parts which do not affect how the system or appliance works or decorative or specialist parts.
3.3.10 Resetting controls (for example, thermostats and programmers following changes due to winter or summer).
3.3.11 Re-pressurising or filling heating system, this is considered a user operation and details how to do this can be found in manufactures customer user instructions.
3.3.12 Repairing faults or cleaning physical blockages (blockages such as rubble, sludge and scale, but not air locks) if we have told you permanent repairs or improvements are needed to make sure your appliance or system works properly. We will only tell you this if, in our opinion, it is necessary.
3.3.13 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 clean-air certificate.
3.3.14 Cash alternatives for repairs.
3.3.15 Repairing any damage caused by our work or redecorating unless we our agents have been negligent.
3.3.16 Repairing or replacing any lead, steel or central heating iron pipes.
3.3.17 The cost of repairing damage or breakdowns caused by changes to, or problems with, the gas, electricity or water services.
3.3.18 Commencing and/or continuing services where we reasonably consider that there is a health and safety risk including: the presence of hazardous materials; infestations; or harassment of our personnel. We will not recommence work until Health and Safety risk has been rectified to our satisfaction.
3.3.19 Repairs (such as to your heat exchanger) that are required due to the build-up of sludge or other debris. Will require power flushing or similar cleaning procedure conducted in a timely manner (This work will be chargeable at our current rates).
3.3.20 A claim which occurs during the period of cover where the home is left unoccupied for more than 30 days.
4. Requesting assistance (How to claim)
4.1 First check the circumstances are covered. Having done this telephone Diamond Gas & Heating Ltd: stating your cover number, on: 01329 234 111.
4.2 If you require a Security Password or have any special needs, please notify the Helpline at the time you call.
4.3 Once the repairs are completed to your satisfaction, simply sign the completed works order with the engineer directly.
4.4 Our engineers will only attend where an adult of 18 years of age or over is present.
4.5 **MAJOR EMERGENCIES WHICH MAY RESULT IN SERIOUS DAMAGE OR DANGER TO LIFE OR LIMB SHOULD IMMEDIATELY BE ADVISED TO THE PUBLIC SUPPLY AUTHORITY, OR IN CASE OF DIFFICULTY, TO THE PUBLIC EMERGENCY SERVICES. SUSPECTED GAS LEAKS SHOULD ALWAYS BE REPORTED TO NATIONAL GRID EMERGENCY SERVICE ON 0800 111 999.
5. About Your Cover:
This cover only covers appliances used inside your home for domestic purposes. Your home is the address noticed to us when you applied for cover and that appears on your schedule. Cover does not transfer when you move address.
5.1 Governing Law – Under the laws of the United Kingdom (England, Scotland, Wales and Northern Ireland) both you and we may choose the law which applies to this contract, to the extent permitted by those laws. Unless you and we agree otherwise, we have agreed with you that the law which applies to this contract is the law which applies to the part of the United Kingdom in which you live, or, if you live in Channel Islands or the Isle of Man, the law of whichever of those two places in which you live.
5.2 Information to be provided – You must provide us with the full boiler make and model and confirm that your boiler and gas central heating system (where appropriate) is in good working order with no water leaks before we accept your boiler and gas central heating system onto our cover. We will confirm these items to you.
5.3 Payments – Following your first payment (usually by direct debit) payments for your cover will fall monthly. All our charges are inclusive of relevant taxes at the prevailing rate. We will charge you £10 for any failed Direct Debit payments and take a double payment on the next collection date.
5.4 Annual Service – The service will usually be carried out during the period April to August inclusive. Diamond Gas & Heating will not be obliged to carry out a service outside of this period as breakdown calls will be given priority. All servicing work is carried out during normal working hours Monday to Friday. Diamond gas & Heating reserve the right to charge an additional cost to the standard service rate including consumables including system inhibitor.
5.5 Safety Advice – We may advise permanent repairs or improvements are needed to make sure your appliance or system works safely (for example, to comply with gas safe regulations). If you do not follow our advice, it may mean that we are unable to full all our obligations under your cover. In this case your cover will continue to run unless you tell us you would like to cancel or if we cancel the (see ‘Cancellation Provisions’).
5.6 Spare Parts – If we do not carry the spare parts your repair work needs on the day, we use a central stock of 30,000 parts. This means we can get hold of most items the following working day. Otherwise, we will do all we reasonably can to find the parts from our suppliers. We may use other approved parts or parts that have been reconditioned by the original manufacturer.
5.7 Labour – A Diamond Gas & Heating engineer will usually carry out the work. In some cases, we may authorise a suitable qualified contractor to carry out the work.
5.8 Noisy Boilers – As boilers become older, for various reasons they may become noisy. Where age is the sole reason for noise Diamond Gas & Heating will not consider this a fault and it is not covered by any of our Warm Care Contracts. A charge will occur for call-outs relating to a noisy boiler at our standard daily rates.
5.9 Approved Equipment – We only undertake work on appliances, 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 this cover, which cannot be passed to someone else without our agreement.
5.10 Getting to your system – We include the cost of getting to your system (parts and labour) up to £400 (including vat) for each job, for example, pipes or wiring buried in walls or ‘built-in’ appliances. We do not include the cost of getting to your system (Parts and Labour) where your system is inaccessible due to design of fault.
5.11 Our responsibilities – We will meet our responsibilities under this cover within as reasonable time, unless it is impossible because of circumstance outside our control.
5.12 Guarantees – Any guarantees do not affect your legal rights under Sale of Goods Act 1979 and Supply of Goods and Services Act 1982. You can get advice about your rights from a Citizens Advice Bureau or Trading Standards Department.
5.13 Appointment Times – Diamond Gas & Heating Ltd lets you choose the time that suits you from AM (8am-1pm or PM (12 noon-4pm), Monday to Friday.
5.14 Power Flushing – We use our power flushing equipment to clean the system to remove sludge and other waste from your central heating systems. If we recommend that your system needs cleaning through with power flushing, we will charge you to undertake this work. Our engineer will also advise you what other work is needed to avoid future problems. We may suggest you correct any design faults that might cause problems to return. This work can increase life of your system and improve efficiency. When a repair is needed due to sludge (for example damage to pump, valves or radiators) we will attempt to carry out the repair (excluding the use of Power Flushing) and will so at no extra cost.
6. Complaints Procedure
We aim to provide first-class service always. However, if you have a complaint regarding the standard of service you have received under your cover, the following procedures are available: In the first instance, please write to Diamond Gas & Heating Ltd, Trafalgar House, 223 Southampton Road, Portsmouth, PO6 4PY. Alternatively telephone us on 01329 234 111 (within office hours) or you can email us at: email@example.com. If we cannot give you a final decision within four weeks from the day we receive your complaint we will explain why and tell you when we hope to reach a decision.
7. Cancellation Provisions
7.1 Cancellation by the Covered Person
You have the right to cancel any cover either by posting a letter to us or telephoning us within 14 days of the receipt of these terms and conditions. If you cancel during this period, we will refund to you any premium you have paid. If you subsequently give notice in writing or by telephone to us to cancel this cover other than at the renewal date, such cancellation shall take effect on the date the notice is received or on the date specified in the notice, whichever is the later. Unless you have made a claim in the current cover year, we will give you a refund based on how long is left of any 12-month advance or Direct Debit payments. Where you have made a claim, we reserve the right charge at standard rates for any work carried out.
7.2.1 Cancellation by us
7.2.2 We may give you fourteen days’ notice of cancellation of this cover by letter to you at your last known address in the following circumstances; If you have given false information, or if you do not make the agreed payment.
7.2.3 If we have advised you that permanent repairs or improvements are needed to make sure your appliance or system work properly, and you do not follow our advice within reasonable period. This advice may be including replacing your boiler or system.
7.2.4 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.
7.2.5 If circumstances arise (including health and safety issue) which make it inappropriate for the cover to continue.
7.2.6 If we cancel your cover because we have told you that permanent repairs or improvements are needed, we may offer you another cover with us, for example one which will not include parts causing the problem or does not include the cost of repairs to your system or boiler.
7.2.7 Premium position upon cancellation by us:
7.2.8 If premium has been paid for any period beyond the date of cancellation of this cover, the relevant pro-rata portion of this premium will be refunded to you or your estate.
7.2.9 Where we have cancelled your cover as your appliance or system is not on our approved list or where we are not reasonably able to add parts to keep your system or appliance working safely, we will refund any premium paid during the current period of cover.
7.2.10 Effective time of cancellation: This policy shall cease at 00.01 hours Greenwich Mean Time on the day stipulated in any notice of cancellation sent by us or the day following the last day of the period cover for which the premium has been paid, whichever is earlier.
8. Using personal information
We or our agents may use information about you to:
8.1.1 Identify you when you contact us so that we know exactly who we are speaking to;
8.1.2 Offer you accounts, services and products from time to time (we may do this using an automatic scoring system, which also uses information about you from other agencies, including credit reference agencies);
8.1.3 Contact you about improving the way we run any accounts, services and products we have provided before now or may provide in the future (we may also contact you by email or text message if you have given us these contact details);
8.1.4 Create statistics, test computer systems, analyse customer information and create marketing opportunities.
8.1.5 Help to prevent and detect fraud or loss;
8.1.6 Contact you in any way (including by post, email, phone, text or multimedia message or visiting you) about products and services we and our partners offer.
8.1.7 To provide services you have asked for;
8.1.8 As part of selling one or more of our businesses;
8.1.9 To help to prevent and detect debt, fraud, or loss (for example by giving this information to a credit reference agency). If you do not pay your debt, we may transfer your debt to another organisation and give them details about you and your debt.
8.1.10 If we have been asked (for example by Ofgem or a lawyer) to provide information or regulatory purposes;
8.1.11 As part of current or future legal action;
8.1.12 As part of government data-sharing initiatives; or we may also let companies in our group use your information to do any of the things mentioned above. We may also use your information to help train staff. We may also monitor and record any communications we have with you (including phone conversations and emails) to make sure that we are providing a good service and to make sure we are meeting our legal regulatory duties.
8.1.13 We may pass your address, property and postcode, and details of your gas appliances, flue, hot-water cylinder, system controls and electrical installations (including details of any repairs or removals) to organisations that supervise these activities, including: Capita Gas Registration and Ancillary Services Limited (previously CORGI) and the ECA (Electrical Contractors Association). These organisations may pass this information to local authorities to meet building regulations. They may also use this information to contact you to inspect appliances or systems, recall faulty products and carry out audits, and for health and safety purposes. Where appropriate, we will give you or the property owner (or both) a certificate to show that your appliances and other relevant items/ equipment meet building regulations.
8.1.14 If you give us information on behalf of someone else, you confirm you have given them the information set out in this document, and that they have permission for us to use their personal information in the way we have described in this clause. If you give us sensitive information about yourself or other people (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the person information is about has agreed) that we can use this information in the way set out in this document.