BOILER SERVICE TERMS & CONDITIONS (“Conditions”)
Please read Conditions 7 and 9 carefully as they set out provisions relating to your potential liability to us and our potential liability to you under each Agreement. Condition 4 explains the Charges which you may have to pay.
- The Words Used in These Conditions
1 The following definitions, unless the context requires otherwise, apply to these Conditions:
“you” or “your”: the person, company or other type of organisation that enters into an Agreement to purchase Services from us (and who will be either a Business Customer or a Domestic Customer);
“we”, “us” or “our”: means Pomroy Oil Fired Boiler Maintenance, a trading name of Channel Island Fuels Limited (Company No: 2404) of North Side, Vale, Guernsey GY1 3WN, or any company which is controlled by or under common control with, Channel Islands Fuels Limited that is to supply the Goods (and/or Services) to you under an Agreement.
- “Service(s)”: means the Boiler Service along with any other related services we may provide to you, as detailed on the Website from time to time, and may include contracted annual service plans in respect of your Boiler. Details of what each “Service” includes, along with key exclusions to those Services, is clearly set out on the Website at pomroy.je;
“Boiler” means the boiler situated at your property, including any controls/thermostats (and such other parts/elements of your heating system as may be detailed on www.pomroy.jeas falling within the scope of the Services);
“Boiler Service” means the routine and scheduled servicing of your Boiler;
“Business Customer”: means any customer that is ordering or receiving the Services whilst acting in the course of his trade, business, craft or profession;
“Charges”: has the meaning set out in Condition 4. You should ensure you read this section carefully.
“Domestic Customer”: means any customer that is acting as a ‘consumer’;
“Emergency Repair” means a repair to your Boiler undertaken by us pursuant to an emergency call-out;
“Parts” means any spare or replacement parts which we install into your Boiler (or otherwise into your heating system) pursuant to the provision of the Services;
“Term” means (in respect of annual service plans) the period of 12 months for which you have agreed to pay to receive the relevant Services (and each subsequent 12 month period as appropriate); and
“Website” means our website at www.pomroy.je.
1.2 In these Conditions: references to the singular include the plural and vice versa; reference to one gender is to any gender; reference to a statute or statutory instrument is to as it is in force for the time being and includes any amendment, extension, application or re-enactment and any subordinate legislation made under it; headings do not affect the interpretation of these Conditions; and the term “including” shall be construed without implying limitation (and variants of “including” shall be interpreted accordingly).
2 How the Agreement is made between us
2.1 These Conditions apply to all Agreements and set out the entire agreement between you and us to the exclusion of all other terms and conditions (provided always that, for Domestic Customers, this provision does not affect your legal rights in relation to the Services and it is not intended to limit those rights in any way). You must ensure that you read and understand these Conditions because they will govern your dealings with us once an Agreement is formed as set out below.
2.2 If you place an order with us to receive the Services then that order is an offer from you to us to enter into an Agreement which we are free to either accept or reject at our discretion. An Agreement is formed (and these Conditions become binding on both parties) when we either: (a) confirm to you (either orally or in writing) that we have accepted your order; or (b) commence performance of the Services, whichever is the earlier. The Agreement may be subject to us undertaking an inspection of your Boiler at our first visit and determining that it meets our minimum standards. We reserve the right to reject the Agreement should the boiler not meet our minimum standards
3 Information about your services
3.1 The description of the Services shall be as set out on the Website from time to time. You are advised to review the Website to ensure that the Services you are ordering from us are suitable for your requirements.
3.2 We may, at any time and without notice to you: (i) change any of the advertising or product information materials referred to in Condition 3.1; (ii) make changes to the scope of the Services that we believe are necessary to ensure that they conform to any applicable safety or statutory requirements; and/or (iii) make minor modifications to the scope of the Services that we consider necessary or desirable (and which should not have any material adverse effect on the provision of the Services). Where we wish to make changes to the Services otherwise than as above, we will take reasonable steps to notify you of these changes.
4 What you pay
4.1 Charges in respect of the Service: Before we accept your order for the Services, we will inform you as to the price you will be charged based on the information which you have provided to us. In the case of a Boiler Service, this price will be based on the assumption that the Boiler Service can be completed 90 minutes. If we find upon arrival at your property that any of the information you have provided is incorrect or incomplete then we reserve the right to either cancel the Agreement or to revise the price accordingly – we will then inform you as to the new price and you may accept the revised price or cancel the Agreement with immediate effect and without charge.
4.1.1 Over-Run Charge: If the Boiler Service takes longer than 90 minutes to complete then in addition to the quoted charge we reserve the right to charge an overrun charge based on each 15 minutes we are required to remain on your premises, charged at our standard hourly rate for our engineers (rounded up to the next 15 minute block of time). This will be advised to you at the time.
4.1.2. Our Rates: Details of our charges are available by contacting us from time to time.
4.1.3 Parts:. Charged for parts will be advised to you as soon as it is practical.
4.2 Charges in respect of the Emergency Call-Outs and Repairs:
Charges for emergency call-outs and repairs will vary depending on which Services you have purchased from us, and in particular whether or not you have purchased an annual service plan for your Boiler and the specific inclusions and exclusions of such plan. The applicable call-out charge will be notified to you at the point you request for us to perform an emergency call-out, and any additional charges will be notified to you by our engineer prior to the work being performed.
4.3 GST: All Charges in respect of the Services are exclusive of GST (if applicable). We will, however, provide you with a GST inclusive figure when providing you with a quote for any Goods or Services and again when we issue an invoice to you.
4.4 Failed Appointment Charge: if we are unable to perform the Service or any Emergency Repairs due to some default on your part (including, where we are unable to gain access to your property on an agreed date) then we may, at our option, charge you the sum of £25 (the “Failed Appointment Charge”) this being a reasonable pre-estimate of the cost to us in seeking to perform the relevant services.
5 How you pay us
5.1 Payment: We will invoice you following the performance of the Service in respect of the relevant Charges. Customers who have an annual plan for Services will ordinarily be invoiced by renewal notice prior to, rather than on completion, of the Boiler Service. Unless otherwise notified to you, you will pay each of our invoices (in respect of the relevant Charges) within 14 days of the date of the invoice. However, we reserve the right to require you to pay the Charges in advance at the time you place the relevant order.
5.2 In addition to the standard Charges referred to above, we will invoice you following the performance of any Emergency Repairs in respect of the relevant Charges. Such Charges shall be payable in accordance with the payment terms referred to in Condition 5.1.
5.3 We shall be deemed to have received payment under the Agreement only on receipt of cash or cleared funds from you.
5.4 Without limiting any other rights or remedies we may have, if you do not pay us on time, we may do all or any of the following:
(a) cancel or suspend our performance of the Services and/or any outstanding quotations without notice to you until all outstanding amounts are paid in full;
(b) cancel any discount we previously offered to you in respect of the Services; and/or
(c) charge interest on the outstanding amount, calculated on a daily basis from the due date for payment up to the date of actual payment (whether before or after judgment). You must pay us this interest together with the overdue amount. The rate shall be 4% above the base lending rate of Natwest Bank from time to time.
6 Our Services for you
6.1 We shall:
(a) perform the Services; and
(b) upon request, use our reasonable endeavours to perform the required Emergency Repairs (in accordance with Condition 6.10), in each case subject to, and in accordance with, the terms of these Conditions.
6.2 We will only be obliged to provide the relevant Services during the Term if:
(a) your Boiler: (i) is a standard domestic boiler and it has not been modified (other than in accordance with the manufacturer’s instructions); (ii) has been correctly installed and maintained; (iii) complies with any and all relevant laws, regulations and standards; and (iv) is of a make and model which is covered by our Services. Boilers will only be accepted into any annual service plan if they are in acceptable condition (and in any event less than 10 years old), but we may agree to service such boilers on an ad hoc basis subject to a satisfactory initial inspection and the provisos set out in this Condition 6.2;
(b) we are able to obtain any Parts required to perform the Services on reasonable commercial terms;
(c) it is safe and practicable for us to provide the Services at your property; and
(d) you have obtained any and all necessary consents and permissions required for us to provide the Services.
If we believe that you have failed to comply with any of the conditions set out above then we may cease to provide the Services with immediate effect, without any charge to you (otherwise than as set out in these Conditions) or any liability on our part.
6.3 In respect of annual service plans, the standard contract term is 12 months. This will automatically renew for further 12 month periods unless you inform us otherwise.
6.4 For annual service plan customers, we will notify you of a proposed date and a time during our normal operating hours and between 2 to 6 weeks prior to your Boiler Service, and also notify you of any changes to our Charges.
6.5 If the proposed appointment date is not convenient then we ask that you contact us well in advance of the propose date to arrange an alternative date.
6.6 We may terminate an Agreement at any time with immediate effect if you breach any term of these Conditions, or on one month’s notice without cause, without any charge to you or any liability on our part (other than to refund to you any Charges made in respect of Services which have not been provided as at the date of termination).
6.7 If we have agreed a date with you on which we are to provide the Boiler Service then:
(a) we will use our reasonable efforts to perform the relevant Boiler Service on that date (and within the window of time notified to you (if any)); and
(b) you must ensure that our engineer can gain access to your property so as to perform the Boiler Service. If you fail to do so and as a result we are unable to perform the relevant Services then we reserve the right to invoice you the Failed Appointment Charge in accordance with Condition 4.5.
6.8 All appointment dates and times are subject to availability and change although we will endeavour to notify you as early as possible if we are unable to make the relevant appointment date or time.
6.9 Your right to cancel: you may cancel the Agreement at any time by contacting us in writing.
(a) If the Agreement is cancelled under this Condition before your Boiler Service is performed and you have made any payment in advance then we will refund these amounts to you;
(b) If, however, the Agreement is cancelled after the Boiler Service has been performed (in accordance with the terms of the Agreement) then no refund is due to you; and you shall ensure that any outstanding invoices are paid in full in accordance with any credit terms provided by us; and
Where we repay you, we will use the same method of payment you used to pay (unless you agree otherwise) and we will not charge you any fees to repay you. If we are allowed to charge you for any Services we have provided we may either deduct this from what we repay you or require you to pay the amount to us.
6.10 If you need emergency repair services from us:
(a) If, during the Term, your Boiler fails to function correctly then you may call the emergency call out number as detailed on www.pomroy.je) to request the provision of Emergency Repairs.
(b) Our ability to undertake Emergency Repairs is subject to the availability of our engineers, though we will endeavour to ensure that one of our engineers is available to review the situation and attempt to remedy the problem(s) during our normal operating hours (which are 8am to 5:00pm Monday to Friday).
(c) We will use our reasonable efforts to perform the necessary repairs to rectify any defect with your Boiler during our initial visit but if we are unable to do so, or we need to order Parts, then we will arrange for one or more follow-up visits as required. Details of any Charges applying to Emergency Repairs will depend on which annual service plan you have with us, and will be notified to you prior to the Emergency Repairs being carried out. Details of our annual service plans are set out on our Website.
6.11 We shall ensure that all of the engineers we use are either employed by us or have been approved by us and that in each case they have the necessary qualifications to perform the Services in accordance with these Conditions.
6.12 Any Part(s) which we supply and fit in connection with any Emergency Repair or Service shall comply with the warranties set out in Condition 8. Please note that: (i) we will only fit Part(s) (and/or consumables) to your Boiler which we have supplied; and (ii) we do not supply Part(s) (and/or consumables) to be fitted by you or by any third party.
6.13 Services exclude pipe-work alteration and flue alterations and the cost of adding or replacement of an inhibitor to a system irrespective of whether there is a requirement to drain the system to carry out other works.
7 If something goes wrong
7.1 Business Customers only: you shall be liable to pay us (on written demand) for, and indemnify us against, all reasonable costs and expenses and/or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit or reputation, damage to property, loss of opportunity to deploy resources elsewhere, and legal costs) which arise in connection with your fraud, negligence or a material breach of the Agreement.
7.2 Domestic Customers only: if you commit a fraudulent act, you are negligent or commit a serious breach of the Agreement then you will be liable to pay us (on written demand) a sum equal to the reasonable costs, expenses and/or losses which we incur as a result of your acts or omissions.
7.3 Domestic Customers only: if we commit a fraudulent act, we are negligent or commit a serious breach of the Agreement then we will be liable to pay you (on written demand) a sum equal to the reasonable costs, expenses and/or losses which you incur as a result of our acts or omissions.
8 The quality of Services and Parts
8.1 Business Customers only: we warrant that the Services will be performed with reasonable skill and care and that the Part(s) we fit will be free from material defect at the time of installation and unless otherwise agreed in writing (by a director or authorised employee) we give no other warranty in respect of the Parts or Services and all warranties, conditions and other terms expressly or impliedly imposed by statute or customary law are, to the fullest extent permitted by law, excluded from the Agreement.
8.2 Domestic Customers only: we warrant that on delivery, and for a reasonable period of time (being not less than 12 months) from the date of delivery, the Parts we fit and Services we provide shall:
(a) conform with any description or specification as we may have provided to you (in our quotation, delivery documentation or within any Agreement with you);
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Parts are fit for or for any reasonable purpose for which you use the Parts;
(d) be free from defects in design, material and workmanship;
(e) (in respect of any Services only) be provided with reasonable care and skill; and
(f) comply with all applicable statutory and regulatory requirements for selling the Parts and/or providing the Services in Jersey (including, where appropriate, OFTEC regulations).
This warranty is in addition to your legal rights in relation to the Parts and Services to the extent that they are faulty or do not comply with the Agreement and are not intended to limit those rights in any way. Advice as to your legal rights in relation to any defective goods or services can be obtained free of charge from your local Citizens Advice Bureau or trading standards office.
8.3 Without limiting Conditions 8.4 and 8.5, if the relevant Parts do not conform with the warranty in Condition 8.1 (if you are a Business Customer) or the warranties in Condition 8.2 (if you are a Domestic Customer) we shall (at your option as a Domestic Customer or at our option for Business Customers) replace such Parts or issue a credit note or refund to you at the relevant price (plus GST if applicable), provided that you must give us: (i) written notice of any alleged breach of warranty within one week of the time when you discover or (for Business Customers only) ought to have discovered such breach; and (ii) a reasonable opportunity, after receiving the notice, to examine the relevant Parts.
8.4 The warranties in Conditions 8.1 and 8.2 shall not apply to any defect which arises as a result of your (or any third party’s) negligence, failure to follow our instructions as to the storage, use or maintenance of the Parts or if you make any further use of the Parts after identifying that there is any issue with them, if you alter, modify, mishandle or try to remedy such Parts without our prior consent or fail to take reasonable care when handling and using the Parts.
8.5 Business Customers only: if we comply with our obligations under Condition 8.3 we shall have no further liability to you in respect of such Parts.
8.6 These Conditions shall apply equally to any replacement Parts we supply to you pursuant to Condition 8.3.
9 Limitation of liability if something goes wrong
9.1 Subject to Conditions 9.2 and 9.4, if there is any breach of the Agreement, then the party which is at fault will only be responsible for losses which:
(a) (for Agreements with Domestic Customers) are a reasonably expected consequence of the breach; or
(b) (for Agreements with Business Customers or for us) are direct losses.
9.2 Subject to Condition 9.4, neither you nor we shall be responsible for losses that result from a failure to comply with the Agreement which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) any special or pure economic loss; or
(f) any waste of time.
However, this Condition 9.2 shall not prevent claims for loss of, or damage to, your physical property, where such losses or damage could reasonably have been expected to result from the relevant breach.
9.3 Business Customers only: subject to Condition 9.4, our total liability to you in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of the Agreement shall be limited to:
(a) in relation to any damage to your physical property, a sum equal to 150% (one hundred and fifty percent) of the Charges or £10,000 (whichever is the greater); or
(b) in relation to any other claim, a sum equal to 125% (one hundred and twenty five percent) of the Charges or £5,000 (whichever is the greater).
9.4 Nothing in the Agreement (including anything in these Conditions) excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by law that we own the Parts and that we are able to pass ownership of those goods to you under the Supply of Goods and Services (Jersey) Law 2009 in Jersey;
(d) defective products under the Consumer Safety (Jersey) Law 2006; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.5 Subject to Condition 9.4, you acknowledge that in performing the Services it is always going to be a possibility that (notwithstanding our compliance with our obligation to perform the Services to the standards set out in Condition 8) damage could be caused to your property (including damage to any decoration, flooring, covers, fixtures or fittings, etc.) and it is agreed that we will not be responsible for any such damage unless it is caused by our negligence.
10 Events outside our reasonable control
Subject to Condition 9.4, we will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under the Agreement that is caused by events outside our reasonable control (these are referred to as “Events“).
11 General information about the Agreement
11.1 The provisions of Conditions 5, 7, 9 and 11 shall continue after the Agreement has terminated.
11.2 All Agreements for the supply of Goods (and provision of the Services) in Jersey shall be governed by Jersey law and subject to the exclusive jurisdiction of the Jersey Courts.
12 We want to hear from you
We always like to hear from our customers whether it is good news or a problem you need us to solve. Our Customer Services team is ready for your call on 01534 852685 between the hours of 8:00am – 5:00pm Monday to Friday (Excluding Bank Holidays). Calls will be recorded for training purposes. Alternatively, please email us at email@example.com or write to us at
Pomroy Oil Fired Boiler Maintenance, PO Box 108, Jersey, JE4 8QD
12.2 We will aim to respond to you within 3 working days to acknowledge your call or email. Sometimes, it may take a little longer to follow up with a detailed response but we will always try to do this within 15 working days of your first contact with our Customer Services Team.
- INFORMATION ABOUT US
Our full legal name and registered details are:
- INFORMATION ABOUT US
Pomroy Oil Fired Boiler Maintenance, a trading name of Channel Island Fuels Limited (Company No: 2404) of North Side, Vale, Guernsey GY1 3WN.
Last revision date: December 2019