Terms & Conditions: Care Packages
Diamond Green Energy Ltd will provide the services and benefits described in this cover:
- During the period
- Within the geographical limits
- Following payment of the premium
We will provide services and benefits on the basis of the details you have supplied and subject to the following terms and conditions. Please read carefully, to ensure this cover meets your individual requirements. Your cover is made up of your application, these terms and conditions (also referred to as ‘your cover’), and the cover schedule. The terms and conditions for this cover are written in English and all correspondence entered into shall be in English.
The period of cover will begin 30 days after the date on which you agree to the Warmcare service and these terms and conditions. During this initial 30-day period we will arrange for an inspection of your boiler and systems and this will help us determine if you are suitable for cover; should we determine that the cover will not be suitable we will let you know. If we do not let you know that the cover is not suitable, or carry out an inspection within the 30 days, the cover will automatically begin after the 30-day period. You will not have access to cover until this initial 30-day period has ended. There are more details on what is expected in the Initial Safety Inspection section below.
You are agreeing to purchase a year of the Warmcare coverage (this is the Term). At the end of the Term the contract will automatically be renewed for an additional year, the contract will then automatically renew at the end of each additional year for an additional year. If you would like to terminate the contract you will need to notify us of this at least 28 days’ before the agreement renews. During the period of time of which you have given notice to end the contract, you will still have access to the services and benefits and will remain responsible for the fees for these until the end of the term.
The aim of this cover is to provide a product which meets the demands and needs of householders who want protection in the event of a breakdown of their central heating system and/or their boiler and controls. This cover should complement your household insurance policies and provide benefits and services which may not be available under those policies. We aim to provide a safe, high-quality service to repair the equipment included under this cover. If you have any questions or concerns about your cover, please contact us on 01329 234 111.
Meaning of words: This part of the Terms and Conditions document sets out the words which have a special meaning. Each word is listed with the meaning explained alongside it and is printed in bold type wherever it appears in the cover wording.
- Application: An application for arrangement of insurance cover which can be made by you by telephone or by the completion of an application form.
- Central Heating System: The Gas central heating system in your home. This includes pipes, flow and return pipework which connect components of the system, but not hot and cold-water supply or drainage pipes. This does not include any non-domestic heating or hot water systems or any form of solar heating or underfloor heating pipework.
- Contract: this means these terms and conditions alongside the description of the cover which you have chosen.
- Geographical Limits: The mainland of Great Britain, not including the Isle of Wight. There are few areas of Great Britain where cover is not provided, if this affects you, we will tell you when you apply.
- Home: This is your place of residence being your private domestic dwelling and any covered garage connected to your place of residence. Excludes outside areas, including gardens, lawn, outbuildings, borders and driveways.
- Covered PERSON(S) or YOU/YOUR: The person named on the cover schedule, together with the members of your household normally residing with you. In your absence on a trip away from your home, the person duly authorised by you as the key holder responsible for the home.
- Our/us/we: Diamond Green Energy Ltd administer the cover and manage all claims on behalf of Diamond Warmcare.
- Period of Cover: The period shown on the cover schedule which shall commence at least 30 days following the date you first applied, and the application was accepted for cover and after an Initial Safety Inspection has been completed.
- Unoccupied: When your home has not been lived in by your family or anyone who has your permission, for more than 30 days in a row. Lived in means slept in frequently.
1. What is Covered
1.1 Annual boiler service and Health Check
- Comprehensive annual service on a single natural gas boiler.
- Boiler will be opened up to clean key components.
- Parts to be checked for operational safety and ratios restored to manufacturers guidelines. Engineer check on heating system to ensure all in good working condition.
- Central heating water test.
1.2 Extended Boiler Warranty
- Extended boiler warranty only applies to customers who purchase a Warmcare plan within 7 days of Diamond Green Energy Ltd installing the boiler and must have the same level or higher active service plan for the duration of the boiler warranty.
- Out of warranty Boiler breakdowns and repairs.
- Boiler replacement cover if less than 5 years old and deemed irreparable.
- £400 off the cost of a new boiler if more than 5 years old and deemed beyond economic repair. What is considered beyond economic repair is set out under Beyond Economic Repair (below).
- Heating controls including standard thermostats, programmers.
- Domestic motorised valves.
- Domestic sized pumps.
1.5 Central Heating System
- All repairs to the central heating system pipework within the property.
- Standard radiators and associated valves.
- External expansion vessels. Pressure relief valves.
- External gauges and filling loops.
1.6 Plumbing and Drainage
- Repairs to the plumbing system within your home including water pipes as they enter the house and throughout the house.
- Hot water cylinders and their components such as immersion heaters, timers and thermostats.
- Primary hot water pipework within the property.Leaking taps and running toilets.Cold water tanks, ball valves and floats.Ball cocks, siphons, valves and flush handles/buttons.Domestic drainage within the property.Repairing leaks on internal waste pipes.
- Gas supply pipe from the meter.
1.7 Home Electrics
- Repairs to your mains electrical system and wiring within your property, including fuse box, power sockets, isolation switches, doorbells and smoke alarms (mains electrical only).
- Domestic extractor fans.
- Replacement of irreparable parts.
- Annual Fire Service: This covers the annual service only, no repairs or parts.
- CP12: A gas safety certificate issued with service.
- Fuel Type: Natural gas / LPG / Oil.
Already Existing Issues or Deficiencies
- Inherent defects or inadequacy to the original design of the system / appliance(s) and consequential damage or loss arising from defects.
- Pipework, wiring or flues buried in the fabric of the building including underfloor heating and its components.
- Any works pertaining to spas or swimming pools, including heating systems supplying a swimming pool.
- We will not be responsible for and will not cover resolving any defects or inadequacy. We may agree, under a separate contract, to advise on this but it will not be subject to this Contract.
Issues Caused By You or Third Party Factors
- Any defects or damage caused through malicious or wilful action, negligence, third-party interference or accidental damage of any nature. This means that where you damage the boiler – either deliberately or accidentally – the cover (such as the replacement cover set out above) will not be applicable.
- Any defect or damage caused by fire, lightning, explosion, flood, storm, tempest, frost, impact or other extraneous cause or catastrophic event. This includes pipes that require defrosting in extreme cold.
- Any defect or damage occurring from a failure of the public electricity, gas or water supplies.
- Any increased cost of utilities, loss of water services, loss of earnings, or any retrospective cost for items not relating to the repair of the heating components.
- Repairing or replacing the flue, including the flue terminal.
- Topping up the pressure on your boiler.
- Repairing or replacing damaged parts due to aggressive water, system contamination, limescale, sludge or other debris in the system.
- Unblocking condensate drain pipework or frozen condensate pipework.
- Adjustments to time and temperature controls, including resetting them or replacing batteries.
- Smart internet/wifi controls.
- Underfloor heating controls, pumps and actuators.
2.3 Central Heating System
- Damage caused by aggressive water, system contamination, limescale, sludge or other debris in the system.
- Powerflushing, removal of sludge, limescale and other debris in the system.
- Replacement of decorative parts, towel rails, low surface temperature, electric and designer/decorative radiators, including any associated valves. Decorative radiators include vertical, column, cast iron and curved radiators or any similar non-standard designs.
- Adding inhibitor or cleaner.
2.4 Plumbing and Drainage
- Concealed plumbing/cisterns, plumbing pipework exceeding 28mm in bore, mains water pipes, lead pipe, main sewer pipes and any shared drainage.
- Damage caused by aggressive water, system contamination, limescale, sludge or other debris in the system.
- Showers, shower pumps, sanitary ware units and grouting. This includes electric shower units. Water softeners, system filters, water meters, macerators, waste disposal units and scale reducers. Rainwater pipes and guttering.
- Replacement or repair of unvented hot water cylinders, thermal stores, air or ground source heat pumps or fan convectors.
2.5 Home Electrics
- Electrical appliances, cameras and security devices.
- Power supplies beyond the fuse box, and any external lighting units.
- Rubber and/or lead cables. Complete system re-wire. TV and speaker systems, lighting control systems (dimming), garage control systems. Photovoltaic systems (Solar power) and renewable energy.
- Electric vehicle charging stations.
3. Requesting assistance (How to claim)
- First, check the circumstances are covered. Having done this telephone Diamond Green Energy Ltd stating your cover number, on: 01329 234 111.
- If you require a Security Password or have any special needs, please notify the Helpline when you call.
- Once the repairs are completed to your satisfaction, simply sign the completed works order with the engineer directly.
- Our engineers will only attend where an adult of 18 years of age or over is present.
- **MAJOR EMERGENCIES WHICH MAY RESULT IN SERIOUS DAMAGE OR DANGER TO LIFE OR LIMB SHOULD IMMEDIATELY BE ADVISED TO THE PUBLIC SUPPLY AUTHORITY, OR IN CASE OF DIFFICULTY, TO THE PUBLIC EMERGENCY SERVICES. SUSPECTED GAS LEAKS SHOULD ALWAYS BE REPORTED TO NATIONAL GRID EMERGENCY SERVICE ON 0800 111 999.
4. About Your Cover
This cover only applies to appliances used inside your home for domestic purposes. Your home is the address given to us when you applied for cover that appears on your schedule. Cover does not transfer when you move address.
- Governing Law – This agreement will be governed by the prevailing law of the United Kingdom. Where you are based and live within England and Wales the governing law shall be the law of England and Wales. Where you are based and live within Scotland the governing law shall be Scottish law. Where you are based and live within Northern Ireland this cover shall not usually apply to you, however where we agree to provide you with cover this will be governed by the applicable laws in Northern Ireland.
- Information to be provided – You must provide us with the full boiler make and model and confirm that your boiler and gas central heating system (where appropriate) is in good working order with no water leaks before we accept your boiler and gas central heating system onto our cover. We will confirm these items to you. The cover will not be valid where the information you provide to us is inaccurate or untrue. It is your responsibility to ensure any measurements or information provided is correct.
- Initial Safety Inspection – If you wish to take out a Warmcare plan a Diamond Green Energy engineer will attend your property to carry out an annual boiler service and system health and safety inspection. Should any part of your system be deemed unsafe or not to the required standards for our Warmcare cover, we will charge you the standard one-off fee for an annual boiler service only. For larger properties, or properties with significant numbers of sanitary ware and/or heating controls, Diamond Green Energy may offer a custom pricing structure to suit.
- Payments – Following your first payment (usually by direct debit) payments for your cover will fall monthly in advance. All of our charges are inclusive of relevant taxes at the prevailing rate. We will charge you £10 for any failed Direct Debit payments and take a double payment on the next collection date.
- VAT – If the rate of VAT changes we shall adjust the rate of VAT that you pay all payments made after the date the rate is changed.
- Price Increases – We reserve the right to increase the price of the Warmcare cover. We will give you at least 28 days written notice of this. Any increase in price shall take place from the next renewal date of the term.
- Annual Service – The service will usually be carried out during the period April to August inclusive. Diamond Green Energy will not be obliged to carry out a service outside of this period as breakdown calls will be given priority. All servicing work is carried out during normal working hours – 8am to 5pm, Monday to Friday. Diamond Green Energy & Heating reserve the right to charge an additional cost to the standard service rate, including consumables and system inhibitor.
- Safety Advice – We may advise that permanent repairs or improvements are needed to make sure your appliance or system works safely (for example, to comply with gas safe regulations). If you do not follow our advice, it may mean that we are unable to fulfil all our obligations under your cover. In this case your cover will continue to run unless you tell us you would like to cancel or if we cancel the contract. (see ‘Cancellation Provisions’).
- Spare Parts and Repairs – If we do not carry the spare parts your repair requires on the day, we will endeavour to find parts from our suppliers. We may not always be able to replace parts like-for-like and therefore may use an approved alternative or standard range of product. For example, parts may not always be the same design or colour as the original, but if you wish to provide your own parts we will fit them under the terms of the contract – we will accept no liability or responsibility for any parts which you provide. Should we find any boiler parts to be obsolete we will not be able to carry out the associated works and we will instead provide a quotation for a replacement boiler.
- Beyond Economic Repair – If there are 3 or more repairs required on a boiler within any 1-year period, it will be deemed beyond economic repair. If a boiler will cost in excess of £400 to repair, it will be deemed beyond economic repair. In such circumstances, Diamond Green Energy will provide a quotation to replace the boiler with a £400 discount applied.Labour – A Diamond Green Energy & Heating engineer will usually carry out the work. In some cases, we may authorise a suitable qualified contractor to carry out the work.
- Noisy Boilers – As boilers become older, for various reasons they may become noisy. Where age is the sole reason for noise Diamond Green Energy will not consider this a fault and it is not covered by any of our Warmcare Contracts. A charge will be applicable for call-outs relating to a noisy boiler at our standard daily rates.
- Approved Equipment – We only undertake work on appliances, energy-management systems and plastic pipes which are on our approved list.
- Third-party rights – Nobody other than you will be able to benefit from this cover, which cannot be passed to someone else without our agreement.
- Getting to your system – We do not include the cost of getting to your system pipework, wiring or flues buried in the fabric of the building including underfloor heating and its components.
- Our responsibilities – We will meet our responsibilities under this agreement within a reasonable time unless unable to do so because of circumstances beyond our control. All standard services are offered between normal working hours, namely weekdays between 8am and 5pm. In particular, we will not be responsible for delays caused by our suppliers and/or their agent. Under the Warmcare cover, an engineer will normally be with you within 48 hours. For uncontrolled water leaks or emergencies posing an immediate risk to your health or property, we will aim to attend your home within 4 hours. Emergency cover is available until 10pm every evening and from 4am every morning, except Christmas day and Boxing Day. We will endeavour to arrange a call out on these days and between the hours of 10pm and 4am but cannot guarantee this will be within 4 hours.
- Guarantees – Any guarantees do not affect your legal rights under Sale of Goods Act 1979 and Supply of Goods and Services Act 1982. You can get advice about your rights from a Citizens Advice Bureau or Trading Standards Department.
- Appointment Times – are between 8am and 4pm, Monday to Friday.
- Power Flushing – We use our power flushing equipment to clean the system to remove sludge and other waste from your central heating systems. If we recommend that your system needs cleaning through with power flushing, we will charge you to undertake this work. Our engineer will also advise you what other work is needed to avoid future problems. We may suggest you correct any design faults that might cause problems to return. This work can increase life of your system and improve efficiency.
5. Complaints Procedure
We always aim to provide a first-class service. However, if you have a complaint regarding the standard of service you have received under your cover, the following procedures are available: In the first instance, please write to Diamond Green Energy Ltd, Unit 4 Apex Centre, Speedfields Park, Fareham, PO14 1TP. Alternatively telephone us on 01329 234 111 (within office hours) or you can email us at: email@example.com. If we cannot give you a final decision within four weeks from the day we receive your complaint we will explain why and tell you when we hope to reach a decision.
We aim to resolve any issues which may arise as part of the complaints process. Where we are unable to agree to a resolution we would be agreeable to “alternative dispute resolution” which is an optional process where an independent body considers the facts and seeks to resolve the complaint or any dispute, without you having to go to court.
6. Cancellation Provisions
Cancellation by the Covered Person
Where you are a consumer you have the right to cancel any cover in writing to us within the first 14 days from the start date of your plan. If you cancel during this period, we will refund to you any premium you have paid. If you want to terminate the plan outside of this period and you give notice in writing to cancel this, this will take effect from the end of the current Term. For example if you give your intention to terminate during month 6, then your plan will terminate as of the end of month 12.Where you intend to terminate the agreement anyway, or stop making payments, you will be responsible for the remainder of the fees. We reserve the right to agree to allow you to terminate the agreement early, and in those instances where you have not made a claim in the current cover year, we may give you a refund based on how long is left of any 12-month advance or Direct Debit payments. Where you have made a claim, we reserve the right to charge at our standard rates for any work carried out under that claim.
Cancellation by us
We may give you fourteen days’ notice of cancellation of this cover by letter to you at your last known address if you have given false information, if you do not make the agreed payment, or under the following circumstances:
- If we have advised you that permanent repairs or improvements are needed to make sure your appliance or system work properly, and you do not follow our advice within reasonable period. This advice may include replacing your boiler or system.
- If your appliance or system is not on our approved list or we are not reasonably able to find parts to keep your system or appliance working safely.
- If circumstances arise (including health and safety issue) which make it inappropriate for the cover to continue.If we cancel your cover because we have told you that permanent repairs or improvements are needed, we may offer you another cover with us, for example one which will not include parts causing the problem or does not include the cost of repairs to your system or boiler.
- If you are insolvent or declare bankruptcy then we will be entitled to terminate the contract unless you have made payment of the charges in advance in which instance the cover shall continue to apply.
Premium position upon cancellation by us:
- If premium has been paid for any period beyond the date of cancellation of this cover, the relevant pro-rata portion of this premium will be refunded to you or your estate.
- Where we have cancelled your cover as your appliance or system is not on our approved list or where we are not reasonably able to add parts to keep your system or appliance working safely, we will refund any premium paid during the current period of cover.
Effective time of cancellation:
This policy shall cease at 12.01am on the day stipulated in any notice of cancellation sent by us or the day following the last day of the period cover for which the premium has been paid, whichever is earlier.
Suspension of the contract:
Where you have not made payment of the charges as they arise we reserve the right to suspend the provision of the cover until the balance has been paid. This means that we will not carry out any of our obligations during the period in which the contract is suspended, where we intend to suspend the services we will inform you of this. The contract will resume once payment has been made unless the agreement has been terminated by us before this.
7. Using personal information
We will use any personal data which you provide to us as part of the contract in compliance with the data protection legislation; this will be the General Data Protection Regulation (GDPR) and the laws applying throughout the United Kingdom. We will use this data as is necessary for the fulfilment of our contract with you.
We will always endeavour to handle your data in compliance with the General Data Protection Regulations (GDPR) and will store any data in a secure server.
Information you provide may be used by us to identify you when you contact us but only when information is volunteered to us, to assist us with accounts, services and products we have provided before, now and in the future. We will retain your information as long as you are our customer and for the period following this under which we are legally required to, and will send you reminders when you have services due and information about your engineer when on route. If at any time in the future you wish for your information to be removed from our systems, please get in contact with us.
Through CIFAS system (the UK’s fraud prevention scheme), we and other organisations may access information about you to help make decisions about credit and credit related services for you and other members of your household, and/or to check your identity to prevent money laundering, unless you give us other satisfactory proof of identity.
We may monitor and record communications with you (including telephone conversations and emails) for quality assurance, legal, regulatory and training purposes.
We also reserve the ability to transfer our contract with you, so that a different organisation is responsible for fulfilling the contract. We will inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract or your cover. If you are unhappy with any proposed transfer of the contract, you can contact us in accordance with out complaints procedure.
The contract is personal to you and you may only assign or transfer your obligations to another third party where we agree to this. This will not apply to any guarantee which applies to a product. In respect of the guarantee this will be assignable to a third party where they acquire a product, provided that you and they confirm the transfer or assignment of ownership of the guaranteed product. If you would like to transfer or assign the guarantee to another person you will need to inform us of this as well as provide details of the third party.
8. Our Liability
We will not be liable for all of the losses which you may suffer where we breach this contract. We will not be responsible for the following types of loss:
a. unexpected losses. These will be losses where it was not obvious that it would happen and that nothing you said to us before we agreed to the cover meant we should have expected it – under the law this loss was unforeseeable.
b. caused by a delaying event outside of our control. As long as we have taken the steps reasonably expected of us we will not be responsible for any delays which are caused by a third party, you some other event outside of our control (such as Acts of God).
c. Avoidable. These will be losses or circumstances which you could have avoided by taking reasonable action. For example, damage to your boiler which was caused or could have been avoided if you followed our advice or instructions of this; this will include where we advise you that a boiler is unsafe.
d. a business loss. This contract excludes any losses which are suffered by you which relates to your trade, business, craft or profession; this will include that we are not liable for any annual leave you need to take to accommodate an annual checkup.
9. General Terms
We can stop provided cover to specific products or units. Where we are no longer providing cover for a specific product or unit will inform you of this.
We may not immediately chase you for not doing something (such as paying) or for doing something you are not allow to, but that does not mean that we cannot enforce this later.
If a course or any other authority or change in the law decides that some of the terms of this contract are unlawful, the rest of the terms will continue to apply as if the unlawful clauses are removed.
How to contact us
By Email: firstname.lastname@example.org
By Phone: 01329 234 111
Reports a Gas Leak: 0800 111 999
Worcester Bosch: 0330 123 9559
Ideal: 01482 498 660
Valliant: 08447 360 049
Glow Worm: 03301 003 142