HPCTC0127
Hometree
HEAT PUMP SERVICING PLAN
TERMS & CONDITIONS
Welcome to the Hometree Family
Thank you for choosing Hometree to be your
heat pump servicing plan provider.
We believe that customers should get better, more affordable service
plans with no hidden surprises and the best customer service possible.
As part of this, we have designed our terms and conditions to be as easy to
read and as transparent as possible. This is the legal part of your agreement
with us, but we have tried to remove any confusing jargon and language
from it so that it is easy to understand.
We want you to know exactly what you are paying for so please spend a bit
of time reading this as it will help you understand exactly what is included in
the plan.
We have created our products by listening to customers and
understanding their needs. This is an ongoing process and therefore we
value hearing from as many of you as possible so we can shape our future
products. If there is anything you don’t understand or have any other
thoughts, please reach out as we love hearing from our customers!
This contract forms a maintenance service agreement between you and
Hometree Marketplace Limited. Repairs are not included in this contract
and any that are provided will be subject to a separate charge.
Contents
1. Definitions
A list of important definitions we use in these terms
and conditions.
2. What is included in your plan
Here we outline the details of your servicing plan as
well as important payment information.
3. How to
Here we explain how you organise a service visit,
change or cancel your plan or make a complaint.
4. Safety and Security
This section explains the procedures we take to look
after the safety and security of our customers and
engineers.
5. Legal Information
Details around our fraud policies, how we use personal
data, applicable law and other legal information.
1
DEFINITIONS
A list of important definitions we use in
these terms and conditions.
Some phrases that we use in these terms and conditions have specific meanings. When you see
these words appear in the document, look at this list for the specific meaning.
| agreement | All the documents that give you information about your plan. This includes the welcome letter and these terms and conditions. |
|---|---|
| authorised contact | Any person listed as on your account that we may take instruction in the administration of this service plan. |
| Dispute Resolution Ombudsman | Means Dispute Resolution Ombudsman Limited Registered in England and Wales:8945616 |
| effective period | The effective period shall be the start date of the service plan until it is concluded in line with the cancelation terms |
| engineers | Any member of the Hometree engineer network, or affiliated network, we assign to conduct the annual service visit on our behalf in order to effect the terms of this agreement. |
| force majeure | Unforeseeable circumstances which prevent us from fulfilling all or any of the terms of this agreement as detailed in“S.5 Legal Information”. |
| heat pump | The heat pump unit itself. This does not include the rest of the heating system. |
| heating system | The rest of the heating system excluding the heat pump. This includes your central heating, radiators, hot water system, and/or underfloor heating. |
| home | A building designed for residential use that you own and either live in or rent out for someone else to live in, including any attached garage or conservatory. |
| payment | Unless otherwise stated, payment means any transfer of monies from you to Hometree. |
| service plan | Means this agreement in its entirety. |
| servicing team | The Hometree team responsible for organising annual service visits. |
| start date | The day your first payment begins. This date is confirmed on your welcome letter. |
| we/us/our | Hometree Marketplace Limited, Company number: 09808066 |
| welcome letter | The email or letter which forms part of the plan containing your name, home address, selected plan, and any other details that may apply. |
| you/your | The person listed as the plan holder. |
Interpretation
In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) as applicable. Any reference to either gender shall be held and construed to include the other gender, for example “his,” “he,” or “him” shall also apply to “her,” “she,” or “hers” and vice versa;
(b) a reference to a Party includes its personal representatives, or permitted assigns if applicable;
(c) any reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or reenacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) a reference to writing or written excludes fax but includes e-mail unless stated otherwise. manufacturer’s warranty.
2
WHAT IS INCLUDED IN YOUR PLAN
Here we outline the key items that
are included in your plan as well as
important payment information.
OUR PLAN
Once you have purchased your plan, we will send you a welcome letter confirming when your plan starts. You can
see which type of contract you have on your welcome letter. You must be the owner of the home.
Prices and price change
All of our plans are annual contracts but you can pay for your plan by either monthly or annual Direct Debit.
Your plan is a service plan which means we will provide an annual service. Repairs are not included under this
contract and any that are provided are subject to a separate charge and at the absolute sole discretion of Hometree.
This is not an insurance policy.
Your agreement shows the total amount you will pay including tax and the length of your contract.
Our price will not change over a 12-month period unless you change your agreement, or the Government changes
the relevant tax rate.
Renewals
All of our contracts are up for renewal every 12 months. We will write to you at least 30 days before your plan is due
for renewal and inform you if there are any price changes. We will keep renewing your plan automatically, until you
ask us to stop.
What is included
Hometree is the administrator of this service plan. Your
heat pump service plan is a one year (12 month) rolling
agreement, which includes;
A single annual service visit from a qualified engineer for
your heat pump and heating system. During this visit, the
assigned engineer will conduct checks which are relevant
to the condition, and any observed issues of the relevant
appliance. These may include, but are not limited to the
following:
- Inspection of your heat pump
- A check of heating circuit return set point
- Readings of all measured values
- A review controls and timings configuration
- A check of antifreeze concentration
- A check system pressure
- Inspection of the ground loop
- A check of rotation, direction and condition of ground
loop pump - A check and (if required) cleaning of strainer/boiler
buddy - Cleaning of outdoor heat exchanger
- A check of the Expansion vessel
- Testing of the air bleed valves
- A check of all joints for leaks
- A check of the insulation condition
- A check of the heating circuit pressure
- A check of the rotation direction of heating pump
- A check of and (is required) cleaning of the strainer
- A check of the heating system expansion vessel
- A check of the pressure reducing valve
- A check of the domestic hot water expansion vessel
- Testing the operation of the diverter valve or circulation pump
- A check of the operation of immersion heater
It should be noted that not all of the above checks will be
required on every service and we cannot guarantee that
all of the above will be conducted on every visit. During
our visit, we may provide additional copies of operating
instructions and training material for the use of the appliance.
When we complete the annual service, our engineer will
give you, or we will send you, a service visit report that
shows you exactly what we looked at as part of the annual
service. This service visit report can serve as evidence
of annual servicing to fulfil the manufacturer warranty
requirements of ongoing maintenance.
What is not included
The annual service visit will not include the following:
• any repairs or replacements that require a separate
visit;
• cleaning of the heat pump and heating system beyond clearing the area for the purpose of the service
visit
If we find a problem or fault that needs to be fixed, we
will tell you about it to help you with next steps, be it
with Hometree or with your installer. The cost of any repairs
are not included in this plan.
Addressing any issues caused by the service visit
If, in the unlikely event that any issues or damages arise to
the systems as a result of the service visit, please contact
Hometree immediately so that we may assess this and
provide next steps to resolve the issue.
3
HOW TO
Here we explain how and when we will
organise your service visit, make any
changes to your plan, cancel your plan
or make a complaint.
How to organise an annual service visit
Arranging the annual service visit
We will try and arrange a service visit at a time that
is convenient to you, unless something beyond our
control makes that impossible – in which case our
dedicated servicing team will let you know as soon
as possible and arrange another time when our
engineer can visit.
Whilst we will make every effort to contact you or
your authorised contact to book your annual service,
it remains your sole responsibility to arrange for the
annual service to be completed. Hometree accepts
no responsibility or liability for loss or damage
to any appliance referenced in this document or
loss of warranty to those same appliances as a
result of failure to comply with annual servicing
requirements. Hometree will not refund you if you
do not arrange the service visit.
If you miss any payments
Before we book your annual service or repair,
Hometree will require you to pay for any unpaid /
overdue payments and our engineer may not visit
the home before these are paid.
How to make a change to your contract
Changes to your home or heat pump
If you make any changes to your heat pump during
the contract period, you will need to inform us. You
can call Hometree at 0330 912 4843 or email us
at support@hometree.co.uk to speak to our team
about these changes.
Changes to your contact information
You need to let us know if there are any changes to
your contact details including telephone number,
address, or email.
Cancelling your contract
You can cancel your service plan at any point
without a cancellation fee. We will refund any
payments you have made so long as we have not
conducted any work during the effective period.
If we have already carried out the annual service visit
and then you cancel your contract, you will still have
to pay £300 (incl. tax) to cover the cost of work
done.
When we have to cancel
We can cancel your contract straight away if:
• You give us false information
• You put our people’s health and safety at risk,
for example, through physical or verbal abuse
• Your home is unfit or unsafe to work in
• You do not let us in to your home to work,
despite several attempts
• You do not make your payments
We will try writing to you to collect the money you
are due to pay. If we do not hear from you and you
don’t pay, we’ll cancel your contract no less than 30
days after the date we first found out your payment
had failed.
How to make a complaint
Our mission is to provide customers with the
highest level of service. If we have fallen short of
your expectations, we will make every effort to
resolve the issue quickly for you. To give you even
more protection in case something goes wrong,
there are various levels of escalation that you can
turn to.
Please get in touch with us as soon as possible
if there is anything wrong with any part of your
service plan.
Details on how to make a complaint can be found in
our complaints policy here: https://www.hometree.co.uk/complaints-policy/
• Call us on 0330 912 4843
• Email us at support@hometree.co.uk
We take any complaint seriously and we will do our
best to fix any issue as soon as possible. If
we need time to investigate, we will let you know and keep
you updated.
If we are unable to resolve your complaint
We will write to you with our final resolution. If
you are still unhappy you then have the right to
refer your complaint to The Dispute Resolution
Ombudsman, who offers a free independent
complaint resolution service. You can refer to the
Dispute Resolution Ombudsman free of charge -
but you must do so within six months of the date of
your final response letter. You can contact them via
one of the following methods:
Website: www.disputeresolutionombudsman.org/dispute
Email: info@disputeresolutionombudsman.org
Post:
Premier House,
First Floor, 1-5 Argyle Way,
Stevenage, SG1 2AD
Registered in England and Wales: 8945616
Phone: 0333 241 3209
SAFETY AND SECURITY
This section explains the procedures we take
to look after the safety and security of our
customers and engineers.
Our products are unique as they involve sending
engineers into people’s homes to fix issues
with complicated systems such as heat pumps.
Therefore, we place extra importance on the safety
of our customers and engineers. We have several
processes in place to make sure of this.
Our engineers
The servicing team will send an approved engineer
to carry out the work for your heat pump and
heating system as detailed in this agreement or a
carefully vetted plumber or electrician.
Getting into your home
To keep our customers safe, our engineer will only
work on your home if there is someone 18 years or
older there the whole time. They must be able to
give instructions to our engineer on your behalf.
It is your responsibility to arrange for the engineer
to access your home. If the engineer is unable
to access your home, you will need to rearrange
the appointment. If you do not arrange a new
appointment, your service plan will continue. After
three failed attempts to get into your home, we
reserve the right to cancel your plan.
Safety risks in your home
Our engineer will not start or continue doing any
work in your home if they believe there’s a health
and safety hazard. Our engineer will only return to
finish the work if that risk is gone. Asbestos needs
to be removed before the engineer can conduct the
service visit. You will also need to arrange and pay
for someone else to remove the asbestos and give
the servicing team a Certificate of Reoccupation,
which proves that all asbestos has been removed
in line with legislation and it is safe to return to the
home. Only after this can our engineer start working
again.
If your system is unsafe or against regulations
From time to time, we may inform you that your
system needs repairs or improvements to keep it
working safely, but are not covered by your service
plan.
If you decide not to follow this advice, you may not
be covered under this agreement, and your service
plan will keep running until you or we change or
cancel it.
When this happens, you will still be liable for the
agreed payments under this agreement until the
end date or it is cancelled.
5
LEGAL INFORMATION
Details around how we use personal data,
applicable law and other legal information.
Hometree
This plan is provided by Hometree Marketplace
Limited. We are a company registered in England
and Wales (company number 09808066. VAT:
228718977) at Hamilton House, 4 Mabledon Place,
King’s Cross, London, WC1H 9BB.
Law and jurisdiction
This plan shall be governed by the laws of England
and Wales and subject to the exclusive jurisdiction
of the courts of England.
Personal information
We use your personal information to provide you
with the services in this agreement.
For more information about how we use your
personal information please see our privacy policy:
https://hometree.co.uk/privacy-policy
Force majeure event
Hometree shall not be liable or responsible to the
other Party, nor be deemed to have defaulted
under or breached this Agreement, for any failure
or delay in fulfilling or performing any term of
this Agreement when and to the extent such
failure or delay is caused by or results from acts
beyond the impacted Party’s reasonable control,
inclusive of, without limitation, the following force
majeure events that frustrate the purpose of this
Agreement:
(a) acts of God;
(b) flood, fire, earthquake or explosion;
(c) war, invasion, hostilities (whether war is declared
or not), terrorist threats or acts, riot or other civil
unrest;
(d) government order or law;
(e) actions, embargoes or blockades in effect on or
after the date of this Agreement;
(f) action by any governmental authority;
(g) national or regional emergency;
(h) strikes, labour stoppages or slowdowns or other
industrial disturbances;
(i) epidemic, pandemic or similar influenza or
bacterial infection;
(j) shortage of power or transportation facilities; and
(k) other similar events beyond the reasonable
control of the Impacted Party.
Limitation of liability
The restrictions on liability in this clause apply
to every liability arising under or in connection
with the Contract including liability in contract,
tort (including negligence), misrepresentation,
restitution or otherwise.
Nothing in the Contract limits any liability which
cannot legally be limited, including liability for:
• death or personal injury caused by its
negligence, or the negligence of its employees,
agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation, or;
• breach of the terms implied by the Consumer
Protection from Unfair Trading Regulations Act
2008
Subject to the statutory exclusions above,
Hometree’s total liability to the Customer shall not
exceed £3,000. The following types of loss are
wholly excluded:
Loss of any income or profits made made or
expected from employment or other business
activities;
• loss of savings;
• loss of any type of manufacturers warranty, any
other type of warranty or guarantee; or
• indirect or consequential loss
Unless you notify us that you intend to make a claim
in respect of an event within the notice period,
Hometree shall have no liability for that event.
The notice period for an event shall start on the day
on which the Customer became, or ought to have
reasonably become, aware of the event having
occurred and shall expire 90 days from that date.
The notice must be in writing and must identify the
event and the grounds for the claim in reasonable
detail.
Under warranty from a third party
If your heat pump or heating system is covered
by a third-party warranty, it is your responsibility
to make sure that any work we do doesn’t affect
that warranty. We will not be liable if any work we
conduct on your heat pump or heating system does
not comply with the manufacturer’s warranty.
Who can benefit from this contract?
Nobody other than you can benefit from your plan.
However, you can add authorised people onto your
account from whom we will take instructions.
Moving these contracts to an insurance contract
If we introduce a comparable insurance product you
agree that at our discretion we can move you to an
insurance contract at your next renewal, or earlier if
you or the regulator request us to.