SERVICE PLAN TERMS AND CONDITIONS
You can choose from the plan options below:
It is important for your benefit and protection that you read these terms and conditions. These, together with any changes we notify you about (at renewal or otherwise), form your agreement with us. We intend to rely on the terms and conditions set out in thisdocument.
plan: this contract of services.
product: the water softener and associated plumbing. It does not include pipes and plumbing unrelated to the water softener installation.
we/us/our: Harvey Water Softeners Limited, the provider of the plan.
you/your: the person named on your certificate.
your certificate: the personalised section of your plan documentation, sent with your original quote agreement.
You must be at least 18 years old and resident in the United Kingdom to be eligible. Your product must be in good working order when this plan starts. Your water softener must be used for domestic purposes in a domestic residence (not a business). It cannot be located on a boat or in a mobile home.
CONTRACT OF SERVICES
This plan is not categorised as an insurance product and therefore insurance regulation does not apply. This plan is a contract of services and is governed by UK laws and regulations concerning service contracts.
IMPORTANT CONDITIONS AND YOUR OBLIGATIONS
The following conditions apply to this plan:
You must provide us with any information that we request when you take out the plan. All information you give must not be false, exaggerated ormisleading;
Your product must have been installed, maintained and used inaccordance with the instructions given by Harvey Water Softeners Limited at the time of installation;
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). It cannot be located on a boat or in a mobile home;and
Your product must be easily accessible and meet all relevant safety standards and be safe to workon;
The plan must be taken out within 3 months of the expiry of the original Harvey Water Softeners Limited guarantee.
You must notify us of any structural adjustments made to the area where the water softener is located. We cannot guarantee access to the plan if the water softener has been bypassed or otherwise adjusted without our consent.
If you do not comply with the conditions and the eligibility requirements above or do not fulfil your obligations above, we will end your plan.
WHAT THIS PLAN INCLUDES
If your product suffers a mechanical or electrical breakdown after the initial parts and labour guarantee period, our customer services team will try to resolve the problem over the telephone. If we are not able to resolve the problem, we will, at our discretion, 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 (at our option) decide to pay a contribution towards the cost of a replacement product, in each case subject to these terms and conditions.
HOW TO REQUEST A REPAIR
To request a repair please contact us as soon as possible by telephone. The telephone number can be found under ‘Customer Service Details’.
LIMITS OF THE PLAN
There is no limit to the number of repairs you can request,unless your plan ends,for example,following the write-off of your product(see ‘What happens if your product is written-off?’below).
THE PLAN LIMIT
If we approve a repair or a replacement (or a contribution towards a replacement), the plan limit is the most we will pay in total for repairs and/or towards a replacement for the product. The plan limit is £1,000. See ‘Repairs and write-offs’ below to find out how we calculate what you can receive under this plan limit.
INFORMATION WE MAY REQUIRE
You must give us all information we need to verify your repair request. You should send any requested documents to the address in ‘Customer services details’ below.
IMPORTANT INFORMATION ABOUT REPAIRS
Only engineers approved by us are authorised to carry out repairs under this plan, unless we agree otherwise in advance. 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 plan documentation to hand when the repairer arrives. If your product breaks down, you must take reasonable steps to limit damage, e.g. stop using it if this is likely to cause further damage.
If we approve a repair but are unable to find an approved engineer, we may permit you to use your chosen repairer. In such an eventuality, you will have to pay the repairer and claim the cost back from us. Please keep a copy of your invoice to send to us.
If we permit you to use your chosen repairer and the proposed repair is estimated to cost more than the repair authority limit, then you must ring our customer service team on (01483) 753404 to obtain authority before work starts. The repair authority limit is shown on your plan document.
REPAIRS AND WRITE-OFFS
If a repair is approved on your product,but:
we cannot repair it;
we cannot obtain the spare parts to repairit;
the repair cost would exceed the cost of the current purchase price of a new product;or
repairing it would exceed the plan limit (see ‘Limits of the plan’above),
then we will replace the product free of charge if it is less than 10 years old. If the water softener exceeds this age, then we will offer a trade in allowance.
Unless they are listed under the ‘Special conditions’ section or the ‘What this plan includes’ section, the following are excluded from the plan, and we will not pay for repairs that relate to:
Damage to the product by the householder or a third party whether caused accidentally, recklessly or negligently.
Modifying the product in a way that is not consistent with the original installation, i.e. bypassing the product.
Failure to fill the product with salt as and when required.
Damage to any other property or possessions, unless it is our fault.
Any loss, damage or impairment to product functionality caused by: theft, attempted theft, neglect, deliberate damage or damage caused by animals, plants or trees.
Any loss, damage or impairment to product 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.
Repairs, maintenance work, or use of spare parts, where not approved byus.
Fraud or attempted fraud, or where the condition of the product isnot consistent with the request youmade.
In addition to the ‘General exclusions’ above, the following are excluded from the plan, and we will not pay for repairs that relate to:
Any damage cause by leakage of the product;
Any product manufactured by a seller other than Harvey Water Softeners Limited;
Any product which has been used for business purposes;
Any product that has been disconnected and re-connected or moved elsewhere in the property by anyone other than Harvey Water Softeners Limited.
PAYING YOUR FEE
- If you pay the annual fee (inclusive of all applicable taxes) by Direct Debit, you must make the first payment in advance before your plan can start. If we are unable to collect a payment from your bank, we may attempt to request payment again unless you notifyus otherwise.
- We may use a collection agency to recover any amount owing tous.
- If you do not pay for your plan on time, it will be suspended from the due date. Any requests for repairs past this date will not be considered for approval unless payment isreceived.
DURATION AND RENEWAL OF YOUR PLAN
- The initial plan period begins on the ‘start date’ and continues until the ‘renewal date’, as specified in your certificate (unless ended in accordance with these terms andconditions).
- If you pay by Direct Debit, each year your protection will automatically continue for another year with a new plan at renewal, unless you tell us otherwise. Unless you have notifiedotherwise, the renewal fee will again be collected from your specified bank account, to ensure you are alwaysprotected.
- If you pay by any other means, you will need to make payment for your plan tocontinue.
- A cooling off period (lasting 14 days from renewal of the plan or the day on which you receive your renewal documentation, whichever is the later) applies at the renewal of yourplan.
- We reserve the right not to offer you a renewal on your plan.
CANCELLATION AND ENDING OF THE PLAN
COOLING OFF PERIOD – CHANGING YOUR MIND
- The ‘cooling off period’ is the fourteen (14) day period from receipt of your documentation or from the plan start date, whichever is later.
- If you change your mind during the cooling off period, you can cancel your plan and we will refund any feepaid.
- If your plan automatically ends or is cancelled by us, these rights do not apply (see ‘Our right to cancel your plan or bring it to an end’ below).
AFTER THE COOLING OFF PERIOD
If you cancel your plan after the cooling off period and after the manufacturer’s parts and labour guarantee period, then the following will apply:
If you have not received a repair, we will refund the fee paid by you for the remaining full months of your plan. If you pay for your planby Direct Debit, you will only receive a refund if you have already paid for any future months of yourplan.
If you have received a repair, no refund will be given and you willhave to pay the cost of the repair. This will be capped at the plan fee (less any fees you have already paid in the currentperiod).
HOW TO CANCEL
Ifyouwishtocancelyourplan,pleasecontactuson(01483) 753404(9am to 5pm, Monday to Friday). You can also cancel bywriting to us at the address specified in the ‘Customer services details’ section. If you are paying by Direct Debit and tell your bank to cancel your Direct Debit Instruction, but do not contact us first, we will not immediately cancel your plan. If you do wish to cancel, please contact us directly to avoid any communications regarding outstanding payments.
OUR RIGHT TO CANCEL YOUR PLAN OR BRING IT TO AN END
- If you fail to comply with certain conditions and obligations, (see ‘Important conditions and your obligations’ above) we may bring your plan to an end and we will not provide any further services to you under the plan. We will refund all fee payments you have made during the current period of your plan. You must pay us for any call-out and repair costs we have incurred in the currentperiod.
- We reserve the right to cancel your plan by giving youfourteen
(14) days’ notice. If we cancel your plan using this provision, you will receive a pro rata refund of the fee paid for the remaining unexpired days of your plan.
- In each case, we will confirm any such ending or cancellation ofthe plan in writing to the last address you gaveus.
CUSTOMER SERVICES DETAILS
For customer services: call (01483) 753404, write to us at Harvey Water Softeners Limited, Hipley Street, Old Woking, GU22 9LQ or email us by clicking on ‘contact us’ on our website: www.harveywatersofteners.co.uk
Calls may be recorded and monitored for quality and training purposes.Lines are open, at a minimum, from 9am to 5pm, Monday to Friday (except public holidays).
HOW TO COMPLAIN
If you wish to complain or you are unhappy with the service provided, please contact our customer services team (see ‘Customer services details’above).
TRANSFERRING YOUR PLAN TO A NEW OWNER
With our permission, you may transfer your plan to a new owner of the product by giving us their details either over the telephone or in writing. You cannot transfer it to any other appliance.
CHANGES TO THESE TERMS AND CONDITIONS
We may 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
Reflect changes in the scope or nature of the protection provided to you.
We will give you thirty (30) days’ written notice of any change that could have a material effect on your rights or obligations. The new terms and conditions will take effect from the date specified in the notice. If you do not agree with the changes, you may cancel the plan by notifying us within that notice period and you will receive
a pro rate refund of any payments that you have made for the unexpired period of your plan.
IMPORTANT DATA PROTECTION INFORMATION
Harvey Water Softeners Limited will use your information to provide the requested service and for administration (including the recovery of any amounts owing, where applicable), marketing, market research, customer surveys,and to check and verify your identity. Your information may also be shared with other members of the
Harvey Group of Companies. We, along with other members of the Harvey Group of Companies, may use your information to tell you about any offers, products or services which may be of interest to you. You may therefore be contacted by mail, telephone, email and/or other electronic messaging services unless you have asked not to be.
You may (for a small fee of £10) request a copy of your data. If your personal details change, if you wish to change your marketing preferences or if you wish to opt out of receiving marketing information, please let us know by writing to: Harvey Water Softeners Limited, Hipley Street, Old Woking, GU22 9LQ or email us by clicking on ‘contact us’ on our website: www.harveywatersofteners.co.uk
EXCLUSION OF THIRD PARTY RIGHTS
This plan is only for your benefit. No rights or benefits will be given to any other third party under the plan.
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 your local authority Trading Standards Department or Citizens Advice Bureau.
This plan is provided by Harvey Water Softeners Limited. Registered in England and Wales. Company No. 01362650.
Registered office: Hipley Street, Old Woking, GU22 9LQ