Terms & Conditions

SERVICE TERMS AND CONDITIONS
These are the terms and conditions on which we supply breakdown services to you. It is important for your benefit and protection that you read these terms and conditions. These and your confirmation statement, and any changes we notify you about (at renewal or otherwise), form your agreement with us.

Definitions
contract: this contract for services.
product(s): the appliance(s) agreed to supply breakdown services for, as shown on your confirmation statement.
your confirmation statement: the personalised section of your contract documentation, sent to you once you have taken out a contract or at renewal.

1.    Our contract with you
1.1    Our acceptance of your application to purchase breakdown services will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
1.2    We will start to provide breakdown services 30 days after your application is accepted.  
1.3    This contract or the services we provide under it are not categorised as an insurance product and therefore insurance regulation does not apply. This contract is for the supply of services to you.

2.    Eligibility
You must be at least 18 years old and a resident in the United Kingdom to be eligible. 

Your must be in good working order when this contract starts, and we will ask you for confirmation of this before we enter into a contract with you.

3.    Important conditions and your obligations
3.1    The following conditions apply to this contract:
•    You must provide us with any information that we request when you apply to purchase our services. All information you give must not be false, exaggerated or misleading;
•    Your product must have been installed, maintained and used in accordance with the manufacturer’s instructions;
•    Your product must be owned by you and kept only for domestic use;
•    Your product must be used in a private home, solely occupied by a single household (at the address you gave to us);
•    Your product must be easily accessible and meet all relevant safety standards and be safe to work on; and
•    Your product (if it is able to store data or images, e.g. laptops or PCs) must not contain any content that may be considered to be illegal, and if we find any content we consider to be illegal, we reserve the right to inform the relevant authorities.

Your obligations
3.2    You must promptly inform us if there is a problem with your product.
3.3    You must arrange any work required to make your product accessible and compliant with all relevant safety standards and safe for our engineers to work on, for example, you will be responsible for carrying out work required to fix a gas leak. You must notify us if such work is required, let us know when it has been completed and provide us with the relevant certification (if applicable). We will not provide our services until you have fulfilled these obligations. For further advice on how to detect and fix a gas leak contact SMELL GAS on 0800 111 999 If you do not arrange such work, we may charge you additional costs incurred by us as a result, for example if we have visited your premises to carry out a repair but we have been unable to do so because the product is inaccessible or unsafe for our engineer to work on.
3.4    You must, within a reasonable time, provide us with access to your premises to supply the breakdown services.
3.5    You must make any payment to us within the timescales specified to you.
3.6    If your product breaks down, you must take reasonable steps to limit any further damage being caused to it.

4.    What this contract includes
4.1    The breakdown services are only provided for products that are outside of any manufacturer or labour guarantee at the time you take out a contract. 
4.2    There is no limit to the number of repairs you can request unless your contract ends.

5.    How to request a repair
5.1    If your product suffers a mechanical or electrical breakdown, you must contact our customer services team promptly on 03301130055 to report the problem. Our customer services team will try to resolve the problem over the telephone. If we are not able to resolve the problem, we will, decide whether to approve a repair. Where a repair is approved, we will then authorise an engineer to carry out your repair, or we may also decide to replace or pay the cost of replacing your product, in each case subject to these terms and conditions.

6.    Repairs information we may require
6.1    You must give us all information we need to verify your repair request, including, but not limited to, the product model number, details of the fault and how the fault occurred.
6.2    We may request documents relating to the product and the fault. You should send any requested documents to the address in ‘Customer services details’ below. If you are unable to provide such information, we may arrange for our engineer to attend your property to investigate the fault. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.    Important information about repairs
7.1    Only engineers approved by us are authorised to carry out repairs under this contract, unless we agree otherwise in advance. Our engineers are Gas Safe registered. Repairs will be carried out within the repairer’s normal working hours (which are at least 9am to 5pm, Monday to Friday) on a date agreed with you. Please have your confirmation statement to hand when the engineer arrives. 

8.    Replacements
8.1    If a repair is approved, we may decide to replace your product with a new product of the same or similar make and technical specification, or we may supply you with the spare parts required to bring your product to good working order. Where we supply spare parts to you, we may provide instructions to you to replace the spare parts yourself, or we may take a decision to attend your property to replace the spare parts.
Product disposal and delivery, installation and other costs
8.2    If the product is taken or sent away from your home for repair and is then replaced, the original product will become our property at the time of us agreeing for a replacement to be provided to you, and we will dispose of it. If your product remains in your home but is replaced, you will be responsible for disposing of it at your own cost.
What happens if your product is replaced?
8.3    If we decide to replace your product, the replacement shall be delivered to your property at our cost. The services will continue on the replacement product as if it were the original product.
What happens if we decide not to repair or replace?
8.4    If we decide not to approve a repair request which would otherwise fall within the terms of your contract, we will inform you. All fee payments you have made in the current period of your contract will be refunded and your contract will end immediately. No further amounts will be payable. We will confirm this in writing to the last address you gave us.

    
9.    General exclusions
9.1    Unless they are listed under the ‘What this contract includes’ section, the following are excluded from the contract, and we will not pay for repairs which relate to:
•    Any breakdown cost already covered by any manufacturer’s, supplier’s or repairer’s guarantee or warranty on a product.
•    Replacement or recall of the product (or any part) by a supplier or the manufacturer.
•    Modifying or making a product comply with legislation, work on the product that is only required due to legislation changes or making it safely accessible.
•    Your failure to follow the manufacturer’s instructions.
•    Any problem with the supply of electricity, gas, water, broadband or broadcast content.
•    Routine maintenance, cleaning, servicing and re-gassing.
•    Repairs carried out outside of your country of residence.
•    Costs or loss arising from not being able to use your product (e.g. hiring a replacement TV), or incidental costs caused by breakdown or repair (e.g. costs to remove or reinstate built-in or fitted equipment).
•    Cosmetic damage such as damage to paintwork, dents or scratches.
•    Any loss, damage or impairment to functionality caused by: theft, attempted theft, criminal damage, deliberate damage or damage caused by animals, plants or trees.
•    Any loss, damage or impairment to functionality caused by: earthquake, flood, lightning, fire, wind, humidity, weather conditions, salt spray, storm or other natural events or catastrophes, abnormally high or low temperatures, plumbing problems, corrosion, chemical exposure, radiation, explosion, sabotage, terrorism, insurrection, revolution, war, riot, armed conflict, civil commotion, rebellion, man-made events or catastrophes or technological hazards.
•    Any appliance not registered under the contract.
•    Repairs, maintenance work, or use of spare parts, where not approved by us.
•    Damage to ceramic or glass surfaces.
•    Commercial or business use including use by charities, not- for-profit organisations, local government or other such similar organisations (unless we agree in writing beforehand).
•    Fraud or attempted fraud.
•    The cost of replacing any accessories including: external fuses, batteries, rechargeable batteries, powercells, light bulbs changeable by the user, filters, plugs, light covers, grills, removable parts, glassand enamel parts, rain covers, starter connections and straps, 3D glasses, vacuum cleaner bags, brushes and tubes.
•    For products with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens.
•    For televisions: the change from analogue to digital broadcasting including terminating analogue transmissions, software interface problems, satellite or cable systems or gaining access to cables within the fabric of a building or wall.
•    Damaged caused by accident, negligence or misuse of the product.

10.    Paying your fees
10.1    The price of the breakdown services (which includes VAT) will be the price as told to you on the telephone and as stated in your welcome letter. We take reasonable care to ensure that the price of the product advised to you is correct.  
10.2    If you pay the fees (inclusive of all applicable taxes) by Direct Debit, you must make regular payments in accordance with the ‘Payments schedule’ set out in your confirmation statement. If we are unable to collect a payment from your bank we may attempt to request payment again unless you advise us otherwise.
10.3    If instead you choose to pay all the fees for the period in advance in one payment, or we require you to do so as a condition of taking out the contract, you must pay this amount (inclusive of all applicable taxes) before the contract will start.
10.4    We may use a collection agency to recover any amount owing to us.
10.5    If you do not pay for your contract on time, it will be suspended from the payment due date. Any requests for repairs past this date will not be considered for approval unless payment is received.
10.6    If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.    Duration and renewal of your contract
11.1    The initial contract period begins on the ‘start date’ and continues until the ‘expiry date’, as specified in your confirmation statement (unless ended in accordance with these terms and conditions).
11.2    Before your initial contract period ends, we will write to you about renewing it. Your renewal notice will show the amount to pay, including a payment schedule if you pay buy direct debit The fee payable may increase at renewal.
11.3    A cancellation period (lasting 14 days from renewal of the contract) applies at the renewal of your contract(see 'How to cancel' below).
11.4    We reserve the right not to offer you a renewal on your contract.

12.    Your rights to end the contract
12.1    The ‘cancellation period’ is the fourteen (14) day period from receipt of your documentation or from the contract start date, whichever is later. If you change your mind during the cancellation period, you can cancel your contract and we will refund any fee paid.
12.2    If your contract automatically ends or is cancelled by us, these rights do not apply (see ‘Our right to cancel your contract or bring it to an end’ below).

After the cancellation period
12.3    If you cancel your contract after the cancellation period the following will apply:
•    If you have not received a repair, no refund will be given; and
•    If you have received a repair, no refund will be given and you will have to pay the cost of the repair. This will be capped at the fee payable for the services in the current contract period (less any fees you have already paid in the current contract period).

How to cancel
12.4    If you wish to cancel your contract, please let us know by either:
•    Phone or email. Call customer services on 03301130055 or email us at info@servicemonkey.co.uk. Please provide details of your service number(s), payment details, and your name and address;
•    By post. Complete the form in our welcome pack and post it to us o the address on the form. Or simply write to us at info@servicemonkey.co.uk including details of your service number(s), payment details and your name and address.

12.5    Refunds
If we receive your cancellation within the 14-day cooling off period, it can take up to 14 working days from when the letter is received for the money to be refunded back into your account.

13.    Our right to cancel your contract or bring it to an end
13.1    If you fail to comply with certain conditions and obligations (see ‘Important conditions and your obligations’ above) we may bring your contract to an end and we will not provide any further services to you under the contract. 
13.2    We reserve the right to cancel your contract by giving you fourteen (14) days’ written notice if we are to stop providing the service, and the following will apply:

  • If you have not received a repair, a refund of any fee paid in the current contract period will be given: and

  • If you have received a repair, you will have to pay the cost of the repair. This will be capped at the fee payable for the services in the current contract period (less any fees you have already paid in the current contract period).

13.3    In each case, we’ll confirm any such ending or cancellation of the contract in writing to the last address you gave us.
 
14.    Our responsibility for loss or damage suffered by you
14.1    If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
14.2    We will make good any damage to your property caused by us while providing repair services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

15.    Customer services details
For customer services call 03301130055, write to us at Service Monkey, The Leadenhall Building, 122 Leadenhall Street, City of London, England, EC3V 4AB or email us by clicking on ‘contact us’ on our website: www.servicemonkey.co.uk. Calls may be recorded and monitored for quality and training purposes. Lines are open, 24 hours a day, 365 days a year.

16.    How to complain
If you wish to complain or you are unhappy with the service provided, please refer to the complaints procedure which is in your welcome pack.

17.    Transferring your contract to a new owner
With our permission you may transfer your contract to a new owner of the product by giving us their name and contact details either over the telephone or in writing.

18.    Changes to these terms and conditions
18.1    We can, at any time and after taking a fair and reasonable view, modify or replace these terms and conditions in order to:
•    Comply with the law, regulations, industry guidance or codes of practice;
•    Rectify errors or ambiguities; and
•    Rectify changes in the scope or nature of the breakdown services provided to you.
18.2    We will give you fourteen (14) days’ written notice of any change that could have a material effect on your rights or obligations, with the new terms and conditions to take effect from the date specified in the notice. You may then contact us to end the current contract before the changes take effect and the following will apply:

  • If you have not received a repair, a refund of any fee paid in the current contract period will be given; and

  • If you have received a repair, you will have to pay the cost of the repair. This will be capped at the fee payable for the services in the current contract period (less any fees you have already paid in the current contract period).

19.    Important data protection information
19.1    We will only use your personal information as set out in our Privacy Policy which you can find at www.servicemonkey.co.uk/privacy-policy.

20.    Exclusion of third party rights
This contract is only for your benefit. No rights or benefits will be given to any other third party under the contract.

21.    Severance
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.    Governing law and statutory rights
We will communicate with you in English and English Law will apply unless we agree otherwise with you. Nothing in the conditions will reduce or affect your statutory rights; for further information about your statutory rights contact the Citizens Advice Bureau: www.adviceguide.org.uk or 03454 04 05 06.

Customers with disabilities
We offer a number of services for customers who have disabilities including providing our documents in Braille, large print or audio formats. For further information please contact us (see ‘Customer services details’ above).

Company information
This plan is provided by Service Monkey LTD. Registered in England and Wales. Company No. 10974780. VAT No. 291333018 Registered office Service Monkey, The Leadenhall Building, 122 Leadenhall Street, City of London, England, EC3V 4AB.

Service Monkey, International House, 24 Holborn Viaduct, City of London, England, EC1A 2BN.

Company number 10974780. Vat number 291333018

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