Boiler Care ProductsTerms and Conditions

Contents

Defi nitions 03

The Contract 04

Start date 04

Exclusions 11

Payment 12

Cancellation 13

Appointments 16

Product Renewal 16

Changes to contract 16

Safety Recommendations 16

Leaving the Premises 16

Use of personal information 17

Limitation liability 18

General legal 18

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Your terms and conditionsA warm welcome and thank you for choosing one of our Boiler maintenance Products. We have designed these Products with our customers in mind and we have taken the same approach when creating this booklet, which sets out the terms and conditions of your contract with us.

Within this booklet, you will fi nd the terms and conditions for our:

• Boiler Care and Boiler Care Plus Products

• Landlord Boiler Care Products

This booklet contains terms and conditions that apply to all of the Products listed above, as well as specifi c sections which are applicable to each Product.

Please read this booklet carefully as it contains important information regarding the terms and conditions of the contract between you and us. In particular, please ensure you have read the specifi c sections relating to the particular Product you have purchased, as those sections set out the key features of the service you will receive from us under the contract. To assist, we have colour coded the sections of the terms and conditions which are applicable to specifi c Products.

You should keep this document in a safe place so you can refer to them should you need to call ScottishPower for any assistance.

If you have any queries about your Product or the terms and conditions, please call our Customer Services team on 0800 0015214.

Boiler Care Products

– What’s Included 05

– Initial Inspection and Remedial Works 05

– Service and Operational Safety Check 06

– What’s not Included 06

Landlord Boiler Care Products

– What’s Included 07

– Initial Inspection 08

– Gas Safety Services 09

– What’s Not Included 10

AnnualService

Unlimited Breakdown Call Outs

Boiler Care

Radiator Care

Landlord Safety Certifi cate

Boiler Care

Boiler Care Plus

Landlord

ScottishPower Energy Retail Limited

1. Definitions Where the following words and phrases appear

in these terms and conditions, they will have the following meanings:

annual service means our examination of your central heating system (including an operational safety check) and any maintenance identified by that examination (subject the limitations and exclusions set out in these terms and conditions) that we consider needs to be carried out, as more fully described in section 3.1.3;

application means your application for the provision of a Product, whether in writing (by way of the application form) or verbally;

application form means the application form incorporating these terms and conditions made by you to us for the provision of a Product at the premises;

boiler service Products means any of our Products that provide boiler services for domestic properties;

boiler means the domestic boiler in your premises, which is fired by natural gas (and not liquid propane gas or oil) supplied from the mains gas supply for the purpose of heating domestic hot water and/or for heating a central heating system;

central heating system means:

(a) in respect of Boiler Care Plus and Landlord Boiler Care, following components of a boiler and standard water-based central heating system: the boiler and standard controls; standard time clock or programmer; room thermostat; cylinder thermostat; frost thermostat; circulating pump; motorised valves; thermostatic radiator valves; radiators; lockshield and wheelhead radiator valves; copper or approved plastic system pipework (excluding domestic water supply and gas supply from gas meter to appliance connection); standard vented hot water cylinder; feed and expansion tank or filling loop; and pressure vessel. Please note that it does not include commercial boilers or commercial controls (see section 5.1); and

(b) in respect of Boiler Care, the following components of a boiler and standard water-based central heating system: boiler and standard controls; standard time clock or programmer; room thermostat; cylinder thermostat; frost thermostat; circulating pump; motorised valves; thermostatic radiator valves;

contract means either: (a) the elements of the application form which relate to the relevant Product and these terms and conditions; or (b) the verbal agreement;

contract year means the 12 month period beginning on the start date of the contract (or any renewal date);

date of sale means the date on which we accept your application;

gas safety certificate means the record of a gas safety check conducted at the premises in accordance with the requirements of Regulation 36(3) of The Gas Safety (Installation and Use) Regulations 1998 (as amended or replaced from time to time);

gas safety services means, in respect of a

Landlord Boiler Care Product, the services described in section 4.1.3, comprising of a gas safety check and, where appropriate, the provision of a gas safety certificate;

Boiler Care Products means Boiler Care Plus and the Boiler Care;

Boiler Care Plus is the name of our boiler Product (as described in section 3), which provides support for the central heating system set out in section (a) of the definition of central heating system above;

Boiler Care is the name of our boiler service Product (as described in section 3), which provides support for the central heating system set out in section (b) of the definition of central heating system above;

Landlord Boiler Care is the name of our boiler service Product specifically designed for landlords (as described in section 4), which includes an annual boiler service and maintenance and the gas safety services;

Landlord Fast-Track Boiler Care is the name of our boiler service Product for landlords who require the gas safety services in a short timeframe (as described in section 4), which Product provides the same services as Landlord Boiler Care, with certain fast- track features;

Landlord Boiler Care Products means Landlord Boiler Care and Landlord Fast-Track Boiler Care; letter means the written confirmation

letter from us to you which records and details the agreement between you and us made in the verbal agreement;

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premises means the private domestic residential premises where the central heating system supported under this contract is situated;

Product means the relevant central heating service Product mentioned in your contract, being one of the following:

(i) Boiler Care Plus;

(ii) Boiler Care;

(iii) Landlord Boiler Care; or

(iv) Landlord Fast-Track Boiler Care;

renewal date means the date occurring 12 months after (i.e. the anniversary of) the start date;

start date means the later of (i) the date we receive your first successful Direct Debit payment or, in the case of the Landlord Fast-Track Boiler Care Product, when we receive the upfront payment from you; and (ii) the conclusion of the date following 21 days after the date of sale, unless we agree a different start date with you.

verbal agreement means the agreement, incorporating these terms and conditions, for the provision of a Product at the premises as a result of our acceptance of your verbal application and as recorded in the letter;

we and us means ScottishPower Energy Retail Ltd (company number SC190287) and/or our successors and assignees, and our means belonging to us; and

you and customer means you, the individual customer with whom we have entered into this contract and your means belonging to you.

2. The Contract and Start Date2.1 The contract is between you and us and sets out

how we will provide to you the services that apply to the Product you have chosen (on your application form or in your verbal agreement). We will act reasonably in providing our services to you.

2.2 The components which are included under the scope of each Product are set out in the definition of central heating system in section 1 (Definitions) (and, in respect of the gas safety services to be provided under the Landlord Boiler Care Products, in section 4.1.3). Please read these definitions and the applicable terms and conditions for each Product carefully to make sure that the Product that you have chosen suits your needs.

2.3 The contract will be legally binding on you and us from the date of sale, this being the date on which we accept your application.

2.4 Even though the contract is legally binding from the date of sale, we will not provide any services under the contract before the start date.

2.5 We will not provide any emergency or breakdown services under the Boiler Care Products or the Landlord Boiler Care Products before we have confirmed that we can accept your central heating system for servicing and maintenance under the contract, and have carried out the initial inspection and first annual service.

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3. Boiler Care Products3 This section 3 applies only where you have

purchased a Boiler Care Product.

3.1 BOILER CARE PRODUCTS – WHAT’S INCLUDED

3.1.1 Overview

3.1.1.1 Our Boiler Care Products provide annual servicing and maintenance for your central heating system (to the extent specifi ed for your chosen Product) as set out in these terms and conditions.

3.1.1.2 Once we have carried out an initial inspection of your central heating system and have accepted it as suitable for servicing and maintenance under the contract; we will carry out a service of your central heating system that will include any maintenance of the central heating system which is necessary to provide you with an operational central heating system until your next annual service.

3.1.1.3 Should you then experience problems with your central heating system before your next annual service and before the end of the contract between you and us ends, you will have access to a 24/7 helpline through which we will provide breakdown support.

3.1.1.4 We are not able to provide breakdown support in the circumstances (the “exclusions”) set out in out in section 5.

3.1.1.5 If you call with a breakdown or emergency before your central heating system passes our initial inspection, we may (but may at our discretion refuse to) provide you with a quote for any necessary repairs. If you ask us to carry out these repairs you will have to pay the price quoted.

3.1.2 Initial Inspection

PLEASE NOTE: It is very important that you allow us access to carry out the initial inspection. We cannot provide you with any servicing or maintenance until we have confi rmed that we are able to support your central heating system.

3.1.2.1 We require to carry out the initial inspection in order to confi rm whether your central heating system can be supported under the Boiler Care Products. We apply limitations on the age and/or makes of the boilers and central heating systems that we can support under the Boiler Care Products.

3.1.2.2 We will carry out an initial inspection of your central heating system within 28 days from the start date unless we are unable to meet this timescale due to circumstances outside our control including, but not limited to, your availability, your failure to communicate with us, adverse weather conditions and excessive increases in emergency breakdown volumes.

3.1.2.3 It is your responsibility to ensure access is provided so that we can complete an initial inspection.

3.1.2.4 If you do not provide access for an initial inspection by us where either (a) an appointment has been made or (b) no appointment has been made and you have failed to contact us within 90 days we will carry out the initial inspection when you fi rst call us out to a breakdown of your central heating system.

3.1.2.5 If we identify a problem at the initial inspection that indicates that your central heating system cannot be supported under the Boiler Care Products:

(i) Where this can be remedied - we will tell you what remedial work is required to bring your central heating system up to a satisfactory standard that we can support.; and

(ii) Where the defect cannot be remedied (for example, the parts for your boiler are no longer readily available or the boiler has excessive repair costs ) - we will cancel your Product and refund the money you have paid to date under the contract.

3.1.2.6 The cost of any necessary remedial work which is required for your central heating system to pass the initial inspection is not included in the Boiler Care Products, and you must have such remedial work carried out and to pay for such work if you want the contract to continue.

3.1.2.7 All work identifi ed and advised to you must be carried out satisfactorily and by a Gas Safe registered engineer within 14 days from the date of the initial inspection and you must notify us when this has been carried out if the work is not carried out by us.

3.1.2.8 Where remedial work has been carried out, your central heating system must pass a further initial inspection before we can proceed to service it.

3.1.2.9 If your central heating system fails the initial inspection and cannot be supported under the Boiler Care Products and either: (i) you decline to undertake any remedial work identifi ed as necessary to bring the central heating system up to the required standard to pass the initial inspection; (ii) you have not notifi ed us that such remedial work has been carried out within 14 days of the date of the initial inspection; or (iii) we decide that the work carried out is not to an acceptable standard; then the contract will be cancelled and we may end this contract and provide you with a refund of any payments made by you to us under this contract.

3.1.2.10 We may not carry out an initial inspection (at our sole discretion) if immediately before you entered into this contract, you received from us any similar services within our range of boiler service Products and the relevant central heating system has passed an initial inspection.

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3.1.3 First annual service (including operational safety

check)

When will we service your central heating system?

3.1.3.1 When your central heating system passes our initial inspection, we will carry out your fi rst annual service at the same time as the initial inspection, unless you instruct us not to do so or circumstances outside our control prevent us from doing so.

3.1.3.2 We will carry out the annual service annually (unless you give us notice that you no longer wish us to provide you with service and maintenance services under the contract or we otherwise end the contract).

3.1.3.3 If, immediately prior to this contract, you received from us any similar services within our range of boiler service Products or if you choose to renew your contract with us after the fi rst contract year (and subsequently), we will carry out the annual service on or around the anniversary of the preceding annual service, subject to your appointment preferences and our workforce availability.

3.1.3.4 It is important that your central heating system is serviced annually to ensure that it continues to work properly and safely. We will make reasonable efforts to contact you to arrange the annual service but if we are unable to service your central heating system within 90 days of the anniversary of the last annual service we may, at our discretion, refuse to carry out any repairs that may be required or require you to pay for such repairs, until we are able to carry out the annual service.

What does the annual service include?

3.1.3.5 During your annual service we will assess the functionality and safety of your boiler and central heating system according to your chosen Product.

3.1.3.6 Where our tests indicate a possible concern we will investigate further. The annual service may include a full strip down service if we consider appropriate. We will carry out any repairs identifi ed at the annual service that we reasonably consider are necessary to provide you with an operational central heating system until your next annual service, unless the repairs are excluded under section 5.

3.1.3.7 If we consider that it is necessary, in order to maintain your central heating system, to repair any part, we will use parts of a similar or standard specifi cation.

3.1.3.8 If:

(i) we do not obtain access for the purposes of conducting an annual service on at least two occasions, or

(ii) you do not respond to reasonable attempts to contact you;

you can still arrange for an annual service to be carried out before the end of that contract year by contacting us to arrange a new appointment. We may continue to take your payment for the services on the assumption that you will contact us in future to arrange the annual service.

Please refer to section 8 for further terms and conditions relating to appointments.

3.1.4 Breakdown warranty

3.1.4.1 Our annual service is designed to leave you with a central heating system that will continue to function until your next annual service. If your central heating system breaks down before we carry out your next annual service (and before this contract ends) we give you:

(i) access to our 24 hour, 365 day free-phone customer helpline; and

(ii) where the breakdown is included in our service warranty (see exclusions at section 5) we will carry out the repair.

3.1.4.2 Sections 8.2 and 8.3 also apply in relation to appointments for emergencies and breakdowns.

3.2 BOILER CARE PRODUCTS –WHAT’S NOT INCLUDED

The exclusions set out in section 5 (Exclusions) explain what repairs are not included in the Boiler Products warranty.

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4. Landlord Boiler Care Product This section 4 applies only where you have

purchased a Landlord Boiler Care Product.

4.1 LANDLORD BOILER CARE PRODUCT – WHAT’S INCLUDED

4.1.1 Overview

4.1.1.1 Our Landlord Boiler Care Product provides annual servicing and maintenance for your central heating system (to the extent specifi ed for the Landlord Boilercare Products) as set out in these terms and conditions.

Once we have carried out an initial inspection of your central heating system and have accepted it as suitable for servicing and maintenance under the contract; we will carry out a service of your central heating system that will include any maintenance of the central heating system which is necessary to provide you with an operational central heating system until your next annual service.

4.1.1.2 We will also carry out a gas safety check on your boiler and up to 5 appliances, and will issue you with a gas safety certifi cate (subject to clause 4.1.1.3). For more information on how and when we will do this please refer to section 4.1.3.

4.1.1.3 If you have chosen our Landlord Boiler Care and we are unable to accept your boiler for maintenance, then we will not carry out a gas safety check on your boiler and appliances and so will not issue a gas safety certifi cate.

4.1.1.4 If you have chosen our Landlord Fast Track Boiler Care, we may be able to issue a gas safety certifi cate even if we are unable to accept your boiler for maintenance (for example, if it is too old for us to support).

4.1.1.5 If any safety issues are identifi ed with your boiler and/or the inspected appliances, your gas safety certifi cate will advise you of any remedial work required.

4.1.1.6 We will not carry out the gas safety check for any Landlord Boiler Care Product if the central heating system is not operational at the time of our visit for any reason.

4.1.1.7 Should you then experience problems with your central heating system before your next annual service and before the contract between you and us ends, you will have access to a 24/7 helpline through which we will provide breakdown support.

4.1.1.8 We are not be able to provide breakdown support in the circumstances (the “exclusions”) set out in out in section 5.

4.1.1.9 If you, your tenant, letting agent or other third party calls with a breakdown or emergency before your central heating system passes the initial inspection, we may (but may at our discretion refuse to) provide you with a quote for any necessary repairs. If you

ask us to carry out these repairs you will have to pay the price quoted.

4.1.2 Initial Inspection

NOTE: It is very important that you allow us access to carry out the initial inspection. We cannot provide you with any servicing or maintenance until we have confi rmed that we are able to support your central heating system.

4.1.2.1 We require to carry out the initial inspection in order to confi rm whether your central heating system can be supported under the Landlord Boiler Care Products.We apply limitations on the age and/or makes of the boilers and central heating systems that we can support under the Landlord Boiler Care Products.

4.1.2.2 We will carry out an initial inspection of your central heating system within 28 days from the start date for Landlord Boiler Care, and 14 days from the start date of Landlord Fast-Track Boiler Care, unless we are unable to meet this timescale due to circumstances outside our control including, but not limited to, your availability, your failure to communicate with us, adverse weather conditions and excessive increases in emergency breakdown volumes.

4.1.2.3 It is your responsibility to ensure access is provided so that we can complete an initial inspection.

4.1.2.4 If you do not provide access for an initial inspection by us where either (a) an appointment has been made or (b) no appointment has been made and you have failed to contact us within 90 days, we will carry out the initial inspection where we are fi rst called out to a breakdown of your central heating system.

4.1.2.5 If we identify a problem at the initial inspection that indicates that your central heating system cannot be supported under the Landlord Boiler Care Products:

(i) Where this can be remedied - we will tell you what remedial work is required to bring your central heating system up to a satisfactory standard that we can support; and

(ii) where the defect cannot be remedied (for example, the parts for your boiler are no longer readily available or the boiler is beyond economical repair) - we will cancel the Product and refund the money that you have paid to date under the contract.

4.1.2.6 The cost of any necessary remedial work required to enable your central heating system to pass the initial inspection is not included in the Landlord Boiler Care Products, and you must have such remedial work carried out and to pay for such work if you want the contract to continue.

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4.1.2.7 All work identifi ed and advised to you must be carried out satisfactorily and by a Gas Safe registered engineer within 14 days from the date of the initial inspection and you must notify us when this has been carried out if the work is not carried out by us.

4.1.2.8 Where remedial work has been carried out your central heating system must pass a further initial inspection before we can proceed to carry out the annual service.

4.1.2.9 If your central heating system fails the initial inspection and cannot be supported under the Landlord Boiler Care Products and either: (i) you decline to undertake any remedial work identifi ed as necessary to bring the central heating system up to the required standard to pass the initial inspection; (ii) you have not notifi ed us that such remedial work has been carried out within 14 days of the date of the initial inspection or fi rst breakdown call out (as applicable), or (iii) we decide that the work carried out is not to an acceptable standard; then the contract will be cancelled and we may provide you with a refund of any payments made by you to us under this contract.

4.1.2.10 We may not carry out an initial inspection (at our sole discretion) if, immediately before you entered into this contract you received from us any to a Landlord Boiler Care Product, and the relevant central heating system has passed an initial inspection.

We will, however, carry out the gas safety services as set out in section 4.1.3.

4.1.3 Gas Safety Service

4.1.3.1 We will perform the gas safety check on one boiler and up to fi ve gas appliances located at the premises (subject to clause 4.1.1.3). The appliances may be a hob, cooker or fi re. Where your property includes more than fi ve gas appliances, it will be at our discretion if we are able to complete the gas safety services and provide a gas safety certifi cate.

4.1.3.2 We will, where possible and in accordance with these terms and conditions, carry out the gas safety check at the same time as the initial inspection, unless you instruct us not to do so, or circumstances outside our control prevent us from doing so.

4.1.3.3 Where you have chosen Landlord Boiler Care, the gas safety check will be carried out only if your central heating system has passed the initial inspection (or, if remedial works have been notifi ed to you, those have been completed and a second inspection has been passed).

4.1.3.4 If you have chosen Landlord Fast Track Boiler Care:

we will provide the gas safety services regardless of whether we are able to accept your central heating system for servicing and maintenance, except as set out in section 4.1.3.5 below.

4.1.3.5 We will not provide the gas safety services (or provide a gas safety certifi cate) for any Landlord Boiler Care Product where the boiler is not operational at the time of our visit for any reason.

4.1.3.6 Your gas safety certifi cate will provide details of the gas safety check.

4.1.3.7 If you have chosen Landlord Boiler Care and we are able to pass your boiler we will issue your gas safety certifi cate. If any of your gas appliances fail the gas safety check, your gas safety certifi cate will detail any faults discovered and any action carried out by us, such as capping an appliance.

4.1.3.8 If you have chosen Landlord Fast Track Boiler Care your gas safety certifi cate will be issued whether or not we are able to pass your boiler and/or appliances and will detail any faults discovered and any action carried out by us, such as capping an appliance.

4.1.3.9 It is then your responsibility to ensure that any work required by the gas safety certifi cate is carried out (including the repair or replacement of the boiler or gas appliances) as required in order to meet gas safety regulations.

4.1.3.10 We will send you a copy of your gas safety certifi cate via email within 72 hours of its completion. It is your responsibility to provide us with your correct email address and to provide your tenant with a copy of the certifi cate within 28 days of the gas safety check. It is also your responsibility to ensure you have received your certifi cate. You must notify us if you do not have it within 72 hours of completion of the gas safety check.

4.1.3.11 We will use reasonable eff orts to provide the gas safety services annually, within 12 months of the date on which we last issued a gas safety certifi cate to you for the premises. However, it is your responsibility to contact us in suffi cient time (bearing in mind your legal obligations) to arrange for the gas safety services to be carried out. You should also take into account that reasons outside our control (such as adverse weather conditions and excessive increases in emergency breakdown volumes) may impact on the availability of appointments and/or our response times. We will not be responsible to you for any delays in carrying out the gas safety services due to reasons outside our control.

(i) IT IS YOUR LEGAL RESPONSIBILITY AS A LANDLORD TO ENSURE THAT THE GAS APPLIANCES IN YOUR RENTAL PROPERTIES ARE MAINTAINED IN A SAFE CONDITION AND THAT THE GAS APPLIANCES AND INSTALLATION PIPEWORK ARE CHECKED FOR SAFETY EVERY 12 MONTHS. YOU MUST HOLD A GAS SAFETY CERTIFICATE AS PROOF THAT THE SAFETY CHECKS HAVE BEEN CARRIED OUT.

WE ARE NOT LEGALLY RESPONSIBLE FOR

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ANY FAILURE BY YOU TO ENSURE THAT THESE CHECKS ARE CARRIED OUT AND COMPLETED IN ACCORDANCE WITH YOUR LEGAL OBLIGATIONS.

(ii) Section 8 sets out our terms and conditions relating to appointments. If we do not obtain access for the purposes of providing the gas safety services on at least two occasions, or if you do not respond to reasonable attempts to contact you, you can still arrange for the gas safety services to be carried out before the end of that contract year by contacting us to arrange a new appointment.

We may continue to take your payment for the services on the assumption that you will contact us in the future to arrange the gas safety check.

4.1.4 First annual service (including operationalsafety check)

When will we service your central heating system?

4.1.4.1 Where your central heating system passes our initial inspection, we will carry out the fi rst annual service at the same time as the initial inspection, unless you instruct us not to do so or circumstances outside our control prevent us from doing so.

4.1.4.2 We will carry out the service and operational safety check annually (unless you give us notice that you no longer wish us to provide you with service and maintenance services under the contract or we otherwise end the contract).

4.1.4.3 If, immediately prior to this contract, you received from us any similar services within our range of boiler service Products or if you choose to renew your contract with us after the fi rst contract year (and subsequently), we will carry out the annual service on or around the anniversary of the preceding service and operational safety check, subject to your appointment preferences and our workforce availability.

4.1.4.4 NOTE: It is important that your central heating system is serviced annually to ensure that it continues to work properly and safely. We will make reasonable efforts to contact you to arrange your annual service but if we are unable to service your central heating system within 90 days of the anniversary of your last service we may, at our discretion, refuse to carry out any repairs that may be required or require you to pay for such repairs) until we are able to carry out the annual service.

What does the annual service include?

4.1.4.5 During your annual service we will assess the functionality and safety of your boiler and central heating system according to your chosen Product.

4.1.4.6 Where our tests indicate a possible concern we will investigate further. The annual service may include a full strip down service if we consider it appropriate. We will carry out any repairs identifi ed at the annual service that we consider are necessary to provide you with an operational central heating system until your next annual service, unless the repairs are excluded under section 5.

4.1.4.7 If we consider that it is necessary, in order to maintain your central heating system, to repair any part, we will use parts of a similar or standard specifi cation.

4.1.4.8 If :

(i) we do not obtain access for the purposes of conducting an annual service on at least two occasions, or

(ii) you do not respond to reasonable attempts to contact you, you can still arrange for an annual service to be carried out before the end of that contract year by contacting us to arrange a new appointment.

We may continue to take your payment for the services on the assumption that you will contact us in the future to arrange the annual service.

Please refer to section 8 for further terms and conditions relating to appointments.

4.1.5 Breakdown warranty

4.1.5.1 Our annual service is designed to leave you with a central heating system that will continue to function until your next annual service. If your central heating system breaks down before we carry out your next annual service (and before this contract ends) we give you:

(i) access to our 24 hour, 365 day free-phone customer helpline; and

(ii) where the breakdown is covered by our service warranty (see exclusions at clause 5) we will carry out the repair.

4.1.5.2 It is possible for your tenant, letting agent or a third party to call us directly to arrange an emergency or breakdown appointment under the Landlord Boiler Care Products. They will be required to quote the address, postcode and your name to do so. Please see sections 13.13 and 13.14 for more details on this.

4.1.5.3 Sections 8.2 and 8.3 also apply in relation to appointments for emergencies and breakdowns.

4.2 LANDLORD BOILER CARE Products –WHAT’S NOT INCLUDED

4.2.1 The exclusions set out in section 5 (Exclusions) apply to the Landlord Boiler Care Products.

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5. EXCLUSIONS Equipment that we will not service

5.1 The Products only include a single domestic boiler located at the premises, which must have a heat input capacity of 70kW or less. You should also note that the Products do not apply to any commercial boilers (including, but not limited to, boilers with a heat input capacity in excess of 70kW) or to any commercial controls (including, but not limited to, pumps, valves and other controls which are designed for use in commercial premises and/or in respect of commercial heating controls). In addition, the parts of the system that specifi cally relate to under-fl oor heating systems, pressurised cylinders, unvented hot water systems, condensate pumps, standalone thermal store appliances, magnetic fi ltration devices, system pipework and domestic utility supply pipes (including, but not limited to, cold feed mains water supply pipes and gas supply pipes) are not included under any Product. In no circumstances will we be required to replace your boiler and/or central heating system under any Product.

5.2 We will not repair any non-standard components and/or the repair and/or replace decorative parts of your central heating system (for example decorative radiator covers). If your central heating system includes any non-standard component type (for example heated towel rails, or designer, column or cast-iron radiators), where repairs or replacements are necessary, we may replace any such non-standard components with standard components of an equivalent output, unless you to us pay any additional costs associated with the non-standard components.

5.3 We will not repair a fl ue, where:

(i) that fl ue is not part of the central heating system and/or

(ii) access to that fl ue was not readily accessible or the fl ue could not otherwise be accessed or inspected by us (using reasonable skill and care) at the initial inspection.

5.4 The Products do not include any repair that is needed as a result of design fault or faults or defects that existed before you entered into the contract but which we could not (using reasonable skill and care) identify at the initial inspection, but which, if identifi ed, would have required to have been rectifi ed by you under sections 3.1.2.5 or 4.1.2.5 (as applicable and including but not limited to defective pipe work).

5.5 The Products do not include repairs or remedial work required as a result of: your boiler and/or any other part of your central heating system:

(i) not being accessible due to a design fault; or

(ii) not complying with relevant British Standards.

Access to your central heating system

5.6 Where the costs in accessing all relevant parts of your boiler and other parts of your central heating system are in our opinion excessive, you will make such arrangements (at your own cost) as we may require in order to gain access to allow us to provide the relevant services to you.

Work covered by third party warranty

5.7 We will not carry out any work where the work or relevant parts are covered by a warranty provided by a third party.

Repairs or work required due to circumstances outside our control

5.8 The Products do not include any services, work, materials and/or parts (or the associated costs of any services, work, materials and/or parts) that are required:

(i) before your central heating system has passed an initial inspection;

(ii) as a result of a defect in the central heating system occurring after the annual service that it would not have been reasonable for us to identify and repair as part of your annual service;

(iii) because you have failed to allow us to carry out an annual service for more than 90 days after the anniversary of your last annual service;

(iv) because you have misused or neglected the central heating system, or have damaged it intentionally;

(v) because of anything done or not done, or any damage caused by; any third party (including anyone who has carried out remedial works that we have instructed you to carry out on your central heating system);

(vi) to repair any damage arising from your failure to carry out any repairs to your boiler and/or central heating system that we have advised you to carry out;

(vii) to carry out chemical system and/or radiator fl ushes,

(viii) to rectify or remove any physical blockages (such as sludge);

(ix) to remove airlocks;

(x) to remove hazardous materials (including, but not limited to, asbestos) from the premises;

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(xi) as a consequence of:

(a) fl ood, storms, freezing, lightning, fi re, accident, explosion, subsidence) or other structural changes (we recommend that you check that your home insurance policy covers these risks) and/or

(b) any issues with or changes in utility supplies (including, but not limited to, electricity, gas or water) however arising;

(xii) to reset controls (for example, but without limitation, timer settings), unless required as part of the repair or replacement of a faulty component that is supported under your Boiler Care Product or Landlord Boiler Care Product (if applicable).

Availability of parts and systems beyond economical repair

5.9 In addition to the other relevant exclusions set out in this contract, the Products do not include any work, materials and/or parts (or the associated costs of any work, materials and/or parts) that are required in connection with any breakdown of and/or repair to your boiler and/or your central heating system where:

(i) spare parts are not readily available through our approved suppliers; or

(ii) in our technical and professional opinion the cost of carrying out a necessary repair to (a) your boiler is more than the residual value of your boiler by reference to its age and condition; or (b) your central heating system (i.e. excluding your boiler) is more than the residual value of your central heating system (i.e. excluding your boiler);

5.10 Where section 5.18 applies, we will notify you and you will be required to replace the boiler and/or central heating system (as the case may be) at your own cost. We will try to help you identify options for replacing the boiler and/or central heating system, such as grant funding, incentives and discounted off ers. You must notify us when the boiler and/or central heating system has been replaced, and we reserve the right to require that the replacement boiler passes an initial inspection.

5.11 If:

(i) the replacement boiler and/or central heating system does not pass the initial inspection; or

(ii) within 28 days of the date on which we require you to replace your boiler and/or central heating system under section 5.19, you do not have your boiler and/or central heating system replaced or you have not given us notice as required under section 5.19;

we will cancel your Product. Please refer to section 7 for more information regarding your rights on cancellation.

Damage to property

5.12 We are not legally responsible or liable to you for

(i) any damage to other property that is caused by a fault in your boiler or central heating system (for example, but without limitation, where the boiler leaks and caused water damage to carpets); and/or

(ii) any redecoration or repair/replacement of any fi xtures and fi ttings, surface or fl oor coverings required as a result of us attending at your premises and/or carrying out any work.

Such matters are your responsibility, unless directly caused by our negligence in providing the relevant Product to you, or by us breaching the contract.

Health and safety

5.13 We will not carry out any work at the premises:

(i) where there is a health and safety risk and/ or

(ii) where there is any other risk to the safety, security and/or wellbeing of any our staff or contractors (including, but not limited to, where there is any threatening or aggressive behaviour towards our staff or contractors).

5.14 Work at the premises cannot be carried out unless and until we are satisfi ed that the relevant risk has been removed. A health and safety risk may include, for example, risk of physical danger to our employees or contractors or presence of hazardous materials (including, but not limited to, asbestos) on the premises.

Exclusions specifi c to Landlord Boiler Care Products

5.15 The gas safety services that we provide as part of the Landlord Boiler Care Products do not include any services, work, materials and/or parts (or the associated costs of any services, work, materials and/or parts) relating to:-

(i) any work involved in accessing your gas appliances and/or installation pipework where this is not readily accessible as a result of design fault;

(ii) any repairs or remedial works to any gas appliance(s) found to be necessary at any time including in the course of the provision of the gas safety services; or

(iii) any repeat inspections of such gas appliances (within the same contract year).

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5.16 Where the costs in accessing all relevant parts of your gas appliances and/or your installation pipework (for the gas safety services) are in our opinion excessive, you will make such arrangements (at your own cost) as we may require in order to gain access to allow us to carry out the gas safety services.

As set out in section 4.1.3.9, we are not legally responsible for any failure by you to ensure that gas safety checks are carried out and completed in accordance with your legal obligations, including, but not limited to, in circumstances where you have failed to provide access, or you have failed to respond to any attempts by us to contact you, for the purposes of us providing the gas safety services.

6. PAYMENT6.1 Your payments for:

(i) a Boiler Care Product that we provide to you under this contract will fall due monthly in advance, and will be paid by you by monthly Direct Debit only; and

(ii) a Landlord Boiler Care Product that we provide to you under this contract will fall due monthly in advance, and will be paid by you by monthly Direct Debit only. If we are providing the Landlord Fast-Track Boiler Care Product to you under this contract, you will also be required to pay an initial upfront payment at the time of sale. Your monthly Direct Debits will be reduced to reflect this upfront payment. You should note that, subject to section 7 (Cancellation), this initial upfront payment is non-refundable.

6.2 The price for the Products is inclusive of any VAT.

6.3 If you fail to ensure that sufficient funds are available in your bank account to cover your Direct Debit payment due under this contract on two or more occasions, we may cancel your contract immediately and we will notify you in writing. You will not be entitled to any refund of any payments you have made prior to this cancellation.

7. CANCELLATION Section 7.1 describes your and our rights to cancel

the contract, which are applicable to all Products. Sections 7.2 to 7.4 describe certain consequences of the contract being cancelled, which apply depending on which Product you have purchased.

7.1 RIGHTS OF CANCELLATION

7.1.1 You or we may cancel this contract at any time by giving at least 28 days’ written notice.

7.1.2 We may cancel the contract immediately by giving written notice in the following circumstances:

(i) you provide false information (on your application form or otherwise);

(ii) you fail to make your first Direct Debit payment or subsequently fail to make at least one of your monthly Direct Debit payments;

(iii) you cancel your Direct Debit instruction with your bank and you do not set up a replacement Direct Debit instruction (or you do not notify us that you have set up a replacement Direct Debit instruction);

(iv) if:

(a) spare parts are not readily available to allow us to maintain your central heating system; or

(b) in our technical and professional opinion the cost of carrying out a necessary repair to your central heating system (excluding your boiler) is more than the residual value of your central heating system (excluding your boiler) by reference to its age and condition; and/or boiler is more than the residual value of your boiler by reference to its age and condition;

(v) circumstances arise (including, but not limited to, where there are health and safety issues such as asbestos being discovered and/ or where there is any risk to the safety, security and/or wellbeing of any our staff or contractors) which prevent us from providing the relevant Product to you;

(vi) we are unable to access your premises as set out in section 8.3;

(vii) your central heating system and/or boiler cannot be supported by us as set out in sections 3.1.2.10, 3.1.2.11, 4.1.2.11, 4.1.2.13, 5.4, 5.5 and/or 11.3; or

(viii) in the case of the Landlord Fast-Track Boiler Care Product, if the upfront payment from you does not clear or is otherwise rejected by your debit/credit card provider.

7.1.3 In addition to your right under section 7.1.1, you may cancel this contract:

(i) by giving us written notice prior to any renewal of the contract as set out in section 9.4; or

(ii) by giving us notice in writing if we notify you of certain changes to the contract as set out in section 10.2.

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7.1.4 In addition to your rights under sections 7.1.1 and 7.1.3, you may cancel the contract by notifying us during your “cooling off period” that you wish to cancel. Your cooling off period is the period which begins on the date of sale and which ends 14 days after (i) the date of sale or (ii) if later, the date on which you receive confirmation of the contract from us (for instance, by way of a confirmation letter or similar communication). If you do wish to cancel under this section 7.1.4, you may use the model cancellation form which is available on our website (www.scottishpower.co.uk) or provide us with any other clear statement to that effect.

7.1.5 If you wish us to provide any services under this contract to you before the expiry of the cooling off period referred to in section 7.1.4, you must expressly request that we do so. You should be aware that, if you subsequently decide to cancel the contract under section 7.1.4, you must pay us for the services which we have provided up until the point that you tell us that you wish to cancel. The amount due by you will be a proportion of the total charges for the relevant Product under the contract, having regard to the services provided by us prior to cancellation.

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7.2 CONSEQUENCES OF CANCELLATION –BOILER CARE PRODUCTS

This paragraph 7.2 only applies where you have purchased a Boiler Care Product.

7.2.1 If you cancel the contract within the cooling-off period referred to in paragraph 7.1.4 and before we have carried out your initial inspection or any other services, you will be entitled to receive a full refund of any payments you have made.

7.2.2 If you or we cancel the contract under paragraph 7.1.1 on providing at least 28 days’ prior written notice, we will charge you for any outstanding payments due to cover the 28 day period.

7.2.3 If within the three month period following the initial inspection or annual service and operational safety check visit being carried out or within the six month period following us carrying out a repair to your central heating system under this contract (i) you cancel the contract; or (ii) we cancel the contract because you have provided false information or you have failed to make two or more monthly payments in any contract year, then the following cancellation charges will apply. The cancellation charges help us to pay for costs we have incurred to provide services under the contract, but which (at the time of cancellation) we have not recovered from payments made by you to us. The costs include carrying out repairs or annual checks (if applicable) and other administrative and organisational costs, and may include one or more of these costs.

7.2.4 If we cancel your contract as a result of the outcome of any initial inspection, we may (acting reasonably and in good faith) give you a full refund of any payments you have made under this contract.

7.2.5 If you or we cancel the contract for any reason, then you will not be entitled to a refund of any payments you have made under this contract (except where a refund is provided by us to you pursuant to paragraph 7.2.1 or 7.2.4).

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ScottishPower Boiler Care Products Cancellation Fees

Cancellation charge (inc VAT)

Cancel contract within 3 months of the initial inspection or annual service and operational safety check being carried out.

Up to £50

Cancel contract within 6 months of a repair being carried out on your central heating system.

Up to £100

7.3 CONSEQUENCES OF CANCELLATION –LANDLORD BOILER CARE PRODUCTS

This paragraph 7.3 only applies where you have purchased a Landlord Boiler Care Product.

7.3.1 If you cancel the contract within the cooling-off period referred to in section 7.1.4 and before we have carried out the gas safety services or any other services, you will be entitled to receive a full refund of any payments you have made (including the upfront payment).

7.3.2 If you or we cancel the contract under section 7.1.1 on providing at least 28 days’ prior written notice, we will charge you for any outstanding payments due to cover the 28 day period.

7.3.3 If within the three month period following the initial inspection, gas safety check or annual service and operational safety check visit being carried out or within the six month period following us carrying out a repair to your central heating system under this contract (i) you cancel the contract; or (ii) we cancel the contract because you have provided false information or you have failed to make two or more monthly payments in any contract year, then the following cancellation charges will apply. The cancellation charges help us to pay for costs we have incurred to provide services under the contract, but which (at the time of cancellation) we have not recovered from payments made by you to us because the contract has been cancelled. The costs include carrying out repairs or annual checks (if applicable) and other administrative and organisational costs, and may include one or more of these costs.

7.3.4 If we cancel your contract as a result of the outcome of any initial inspection:

(i) Landlord Boiler Care Customers, we may (acting reasonably and in good faith) give you a full refund of any payments you have made under this contract.

(ii) Landlord Fast-Track Boiler Care Customers, we will give you a full refund of any subsequent payments you have made after your initial upfront fee under this contract.

7.3.5 As the Landlord Fast-Track Boiler Care involves the provision of the initial inspection, fi rst service, operational safety check and gas safety services within the cooling-off period referred to in section 7.1.4, your purchase of this Landlord Boiler Care Product constitutes an express request by you for the provision of such services prior to the expiry of the cooling-off period referred to in section 7.1.4. In the event that you cancel the contract after these services (or any of them) have been provided, we shall be entitled to retain the upfront payment to cover the cost of providing the services. In the event that the upfront payment does not cover these costs in full, we shall be entitled to charge you for the outstanding balance.

7.3.6 If you or we cancel the contract for any reason, then you will not be entitled to a refund of any payments you have made under this contract (except where a refund is provided by us to you pursuant to section 7.3.1 or 7.3.4).

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ScottishPower Landlord Boiler Care Products Cancellation Fees

Cancellation charge (inc VAT)

Cancel contract within 3 months of the initial inspection, gas safety service or annual service and operational safety check being carried out.

Up to £50

Cancel contractwithin 6 months of a repair being carried out on your central heating system.

Up to £100

8. APPOINTMENTS8.1 Initial inspections, gas safety checks and annual

service and operational safety check visits will (as applicable) be carried out at an agreed date and time, either between the hours of 0800 to 1300 or the hours of 1300 to 1800, Monday to Friday excluding bank/public holidays and will be subject to our workforce availability. Please note that breakdown calls will be treated as a priority over annual service and operational safety check calls.

8.2 To arrange any appointments with you, we may contact you by phone, email, letter or SMS text message. If you will not be able to keep an agreed appointment for any reason, you should contact us as soon as possible to make a new appointment. Where we have agreed an appointment window with you, we will make every effort to arrive on time. Where we are delayed for reasons outside our control, we will contact you as soon as possible to advise you of the delay and to arrange an alternative time and/or date suitable for you.

8.3 You must provide us with reasonable access to your premises to allow us to carry out the services referred to in section 8.1. If we do not obtain access to your premises we will tell you and arrange another appointment.

8.4 Access to the premises must be provided by an adult of a minimum of 16 years of age where the premises are in Scotland, or 18 years of age where the premises are in England or Wales. If we do not obtain access on at least two occasions, or if you do not respond to reasonable attempts to contact you, we will consider the appointment cancelled. We also reserve the right to cancel the contract, and will notify you if we do so.

9. Product RENEWAL9.1 The contract will renew annually with effect from

and on the renewal date unless you tell us in advance that you do not want the contract to renew as set out in section 9.3.

9.2 We will notify you in writing before the date your contract renews, and we aim to do this at least six weeks before that date.

9.3 If you do not want your contract to renew automatically, you must notify us in writing at least 2 weeks before the date your contract is due to renew that you wish to cancel. Such cancellation will take effect on the expiry of the contract year.

10. CHANGES TO THE CONTRACT10.1 We may make changes to the terms and conditions

of this contract at any time (a) if we are required to do so by any court or competent authority, or we need to do so to reflect any change in the law or relevant industry guidance or codes of practice and/or (b) for any other reason, provided that such change is not to your disadvantage. If we do, we will notify you of the changes in writing.

10.2 Without prejudice to our rights under section 10.1, we may make changes to the terms and conditions of this contract for any reason with effect from any renewal date of the contract.

10.3 If these changes are a change to the price you pay for your Product (excluding any changes solely related to any future VAT increases) or any other change which is of disadvantage to you, you will have 28 days after receiving the notice to notify us if you want to cancel the contract.

10.4 If you cancel the contract this will take effect at the end of the period for which you have made payments, and the proposed changes to the contract will not apply.

11. SAFETY RECOMMENDATIONS11.1 If, in our professional opinion, permanent repairs,

improvements or upgrades to your central heating system are necessary to ensure that it is safe (for example, to comply with gas safety regulations, such as upgrading your ventilation to meet current standards or due to the lack of availability of spare parts), we will tell you this.

11.2 You should arrange for any work required under section 11.1 to be completed by a Gas Safe registered engineer.

11.3 If you do not take our advice, and fail to have the necessary work carried out, it may mean that we cannot carry out all of our obligations under the contract. If that happens, we will cancel the contract.

12. LEAVING THE PREMISES12.1 If you plan to sell or leave the premises, you may

cancel this contract provided you give us 28 days’ notice in writing in accordance with section 7.1.1. We may cancel this contract immediately if you sell the premises.

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13. USE OF PERSONAL INFORMATION

13.1 Information you provide to us or our agents or contractors or we otherwise hold (whether or not under the contract) may be used by us and/or given to and used by other companies in our group of companies, our agents and/or our contractors:

(i) to identify you when you make enquiries or to contact you though mail, telephone, e-mail, SMS text or other electronic means;

(ii) to help administer any accounts, services and Products provided by our group of companies now or in the future;

(iii) for market research and analysis or for demonstrating and testing computer systems;

(iv) to help us, other companies in our group of companies, our agents and/or our contractors to detect debt, fraud or loss;

(v) use information to identify offers tailored to your needs including but not limited to, tailored energy efficiency advice;

(vi) to inform you about services and Products which may be of interest to you (if you have consented to us doing so), including by visit, email, phone SMS text or other forms of electronic communications; and

(vii) for all purposes reasonably ancillary to any of those purposes.

We may also transfer your data to countries outside the EEA for the purposes of managing your account, for the provision of our services and Products to you and for marketing purposes.

13.2 For the purposes of managing your account and tailoring our services to your needs, we may use an automated scoring system which uses information about you from credit reference agencies.

13.3 We may monitor and/or record communications with you (including telephone conversations and e-mails) to confirm your identity, ensure security, help maintain service quality and for training purposes.

13.4 We may check the following records relating to you and others (see section 13.5):

(i) our own;

(ii) records held by Credit Reference Agencies (“CRAs”) and when CRAs receive a search from us, they will place a search footprint on your credit file and that may be seen by other lenders/ organisations. CRAs supply to us both public (including the electoral register) and shared credit and fraud prevention information; and

(iii) records held by Fraud Prevention Agencies (“FPAs”).

Such checks may be used for assessing applications, verifying identity and for preventing crime and money laundering. We may also make periodic searches at CRAs and FPAs to manage your account/s with us.

13.5 If you tell us that you have a spouse or financial associate, we will link you together so you must be sure that you have their agreement to disclose information about them. CRAs also link you together and these links will remain on your and their files until such time as you or your spouse or financial associate successfully file for disassociation with the CRAs.

13.6 Information on applications may be sent to CRAs and recorded by them. Where you receive Products and/or services from us, we may give details of your account/s and how you manage it/them to CRAs and if you do not pay for the Products/services in full and on time, CRAs may record the outstanding debt. This information can be supplied to other organisations by CRAs and FPAs to perform similar checks and to trace your whereabouts and recover debts that you owe. Records remain on file for 6 years after they are closed, whether settled by you or defaulted.

13.7 If you give us false or inaccurate information and we suspect or identify fraud, we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention to prevent fraud and/or money laundering.

13.8 If you have received Products and/or services from us and do not make payments that you owe us, we will trace your whereabouts and recover debts. Such tracing may include sharing information about you with other mains gas and/or electricity suppliers.

13.9 We may transfer any debt that you owe us, to another organisation, by providing them with relevant details, and that organisation will become the owner of that debt.

13.10 Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law, or by a regulatory body. We will seek to provide anonymised or aggregated data but there may be circumstances where it is necessary to provide personal information and in those circumstances we shall do so.

13.11 Information about you may have to be shared with government bodies where required for the purpose of government initiatives. Such sharing of personal information will only be done where it is necessary and wherever possible, we will make sure appropriate safeguards are in place.

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13.12 You are entitled to a copy of the data held about you on our systems on payment of a fee.You can also be given more detail of how your data is used by us, CRAs and FPAs by writing to:

Data Protection Representative,Head Office Address. You can contact the CRAs currently operating in the UK. The information they hold may not be the same so it may be worth contacting them all. They will charge you a small fee.

(i) Call Credit, Consumer Services Team, PO Box 491, Leeds LS3 1WZ or call 0870 0601414

(ii) Equifax, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5Us or call 0870 0100583

(iii) Experian, Consumer Help Service, PO Box 8000, Nottingham, NG80 7WF or call 0870 2416212

Please note that sections 13.13 and 13.14 below apply only where your contract relates to the Landlord Boiler Care Products.

13.13 It is possible for your tenant, letting agent or a third party to call us directly to arrange an emergency or breakdown appointment under your contract. They will be required to quote the address, postcode and customer’s name to do so. In this event, we will not disclose any information regarding your account to such a party or allow that party to change account details.

13.14 If you are going to provide us with contact details for your tenant, letting agent or a third party, it is your responsibility to ensure that you have that person’s permission to do so. By providing us with these details, you are confirming that the tenant, letting agent or third party has authorised you to do so.

14. LIMITATION OF LIABILITY14.1 We will not be liable for any loss that you suffer

because you have delayed or failed to make arrangements for us to access your central heating system to provide our services, or for any other delay or failure to provide our services because of circumstances beyond our reasonable control.

14.2 We may be unable to meet these timescales due to circumstances which impact on our workforce availability including, but not limited to, adverse weather conditions and excessive increases in emergency breakdown volumes, and we may need to rearrange any planned appointment with you on giving you reasonable notice. We will not be liable to you for the consequences of any delay in these circumstances.

14.3 If we fail to comply with any term of the contract, or are negligent, you may be entitled under the general law to recover compensation from us for any loss or damage you have suffered. However, we will not be required to compensate you for loss or damage

caused by anything beyond our reasonable control, or for any loss or damage which is not reasonably foreseeable as a consequence of the breach of the contract, other than where you are entitled to recover compensation for such loss or damage under the general law in relation to death, personal injury or fraudulent misrepresentation.

14.4 Our total liability in respect of all claims for such loss or damage (save for that occurring through death, personal injury or fraudulent misrepresentation) arising in any one calendar year shall not exceed £1,000,000.

15. GENERAL LEGAL15.1 We will carry out our obligations under the contract

within a reasonable time unless this is impossible due to circumstances which are beyond our reasonable control.

15.2 The contract does not affect any legal rights which you may have under consumer protection legislation (including, without limitation, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. You can obtain advice about your legal rights from a Citizens Advice Bureau or Trading Standards Department.

15.3 We may sub-contract any of our obligations under the contract.

15.4 We may assign and transfer any or all of our whole rights and obligations under and in terms of the contract (including any monies payable to us) to another party provided they (or their contractors or agents) hold the appropriate Gas Safe registration. As a result that party will acquire the rights and assume the obligations as if it had been the original party to the contract with you. We will be released from all of our obligations under the contract so assigned and transferred, and, from then on, your dealings will be with that party in respect of the rights and obligations assigned and transferred. You cannot assign or transfer any of your rights or obligations under the contract without first of all obtaining our consent in writing. We will not unreasonably withhold our consent.

15.5 If requested by us at any time you will give to us all the information we reasonably require to enable us to operate the contract.

15.6 So long as events or circumstances outside our or your reasonable control unavoidably prevent either us or you from complying with any of our or your respective obligations under the contract, other than with respect to payment, we or you (as the case may be) will be excused for such failure. If we are unavoidably prevented from providing any services due to events outside our reasonable control for 4 weeks, we will refund 1 month’s payment to you for each such successive 4 week period.

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The performance by you or by us of obligations required by any relevant legislation will not constitute breach of the contract.

15.7 Any failure or delay on our part in enforcing all or any part of any term, condition, right or remedy in respect of this contract will not amount to a waiver of any such term, condition, right or remedy and will not prevent us from enforcing such terms, condition rights or remedy in the future.

15.8 If the customer comprises more than one person, all agreements and obligations entered into in the contract by the customer are entered into jointly and severally by each of the persons comprising the customer. We may take action against any one or more of the persons comprising the customer and/or may release in whole or in part the liability of any one or more of those persons under the contract or grant any relaxation without affecting the liability of the other of those persons.

15.9 Any notices to be given under this contract should be in writing and delivered by hand or sent by post or email. We will send any notices to the premises and will assume you have received any notice 2 working days after we have sent it unless we receive evidence that you have not. You must send any notices by post to Scottish Power Energy Retail Ltd, Section 25, PO Box 7111, Cathcart Business Park, Cathcart, Glasgow G44 4BE, or any other address notified to you for this purpose.

15.10 If any part of this contract is not permitted or is held to be ineffective by any court of law or other regulatory or competent body, this will not affect any other part of this contract.

15.11 If we are required by any court or competent authority to amend the contract, or need to do so to reflect any change in the law or relevant industry guidance or codes of practice, we will do so, and will notify you of the changes.

15.12 It is our intention that all the terms of the contract between us and you are contained in your application form, the confirmation letter setting out the price we will send to you, the direct debit notification and these terms and conditions which will accompany the confirmation letter.

15.13 For the avoidance of any doubt, the contract is a contract for the provision of services by us to you and does not constitute a contract of insurance between you and us. This means that the contract is not regulated by the Financial Conduct Authority and also means that if you have any complaint relating to the Product that you have purchased and/or the services that we provide to you under this contract, you will not have the right to refer the complaint to the Financial Ombudsman Service.

15.14 This contract and any matters or disputes arising from or in connection with it shall be governed by:

(i) the laws of England and Wales in the non- exclusive jurisdiction of the Courts of England and Wales, if the premises are in England or Wales; or

(ii) the laws of Scotland in the non-exclusive jurisdiction of the Scottish Courts, if the premises are in Scotland.

ScottishPower Energy Retail Limited (company number SC190287), has a place of business at 320 St. Vincent Street, Glasgow G2 5AD.

www.scottishpower.co.uk ScottishPower Energy Retail Ltd Registered Office: 320 St. Vincent Street, Glasgow G2 5AD

Registered in Scotland No. 190287. VAT No. GB 659 3720 08. SCP4

491

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