This Repair Plan is provided by Home Appliance TV Care Ltd, whose Registered Office is 1st Floor East Wing, Metro House, Northgate, Chichester, West Sussex, PO19 1BE Company No 10297193 (the “Providers”). These are the definite Terms & Conditions applied to your repair plan and prevail over the summary issued to you in the event of any conflict.
Appliance means the electrical appliances to be used in domestic locations or approved commercial locations that are fully identified in the Agreement Schedule;
Betterment means the provision for the depreciation of the appliance over time. At the absolute sole discretion of the Providers, betterment may be applied at 10% per annum from the expiry of the appliance’s original manufacturer’s guarantee period (excluding any optional extension thereof);
Agreement Schedule means the written confirmation you received from the Providers confirming your details and the details of the appliance that is the subject of this Repair Plan;
Initial Period – In respect of all sections of the Repair Plan, no claim can be made for any event that occurs within 30 days of the commencement date of this Repair Plan as shown in the Agreement Schedule;
Event means Mechanical Electrical breakdown that generates a call for support under this Repair Plan;
Mechanical Electrical Breakdown means an actual and sudden mechanical failure, electrical failure or breakdown that results in the sudden stoppage of the appliance’s normal function and that necessitates repair to resume those functions;
Fee Payment means the sum you pay either monthly or in full annually, as preferred by you, to the Providers for the provision of this Repair Plan;
Plan Period – The duration period noted on your Agreement Schedule, either monthly or annual as determined by you depending on your preference for payment;
Territorial Limits shall mean Great Britain, Northern Ireland, subject to any repairs being carried out in the UK by repairers approved by us;
We/Us/Our means the Providers;
You/Your means the owner of the appliance named on the Agreement Schedule.
For the avoidance of doubt, this is an agreement for the provision of specific services supplied at our absolute sole discretion, and this is not a contract of insurance or a guarantee.
Home Appliance TV Care is a specialist provider of Repair & Maintenance services for domestic appliances. It has access to thousands of qualified engineers and operates throughout the UK. Members of Home Appliance TV Care can limit and control the cost of repair all major household appliances.
At their absolute sole discretion, the Providers will give the benefit described in this Repair Plan for the Agreed Period and for any subsequent period that the Providers and you may agree. In order to keep this Repair Plan in force you must pay all amounts due to us for the Repair Plan on time, it must have been agreed by an authorised representative of the Providers, and confirmation must have been sent to you with the Repair Plan. The Repair Plan contains details of the Repair & Maintenance services you have bought, what is excluded from those rights and the terms and conditions of this Repair Plan.
Understanding your Repair Plan
This Repair Plan is designed to offer you peace of mind by controlling unexpected expenses arising from the use of your appliance. Please read this Repair Plan carefully and make sure you understand it fully and are willing to comply with its terms and conditions in order that you can achieve maximum benefit from it. Whilst we will always try to be fair and reasonable in our operation of the Plan, please take care to follow the rules properly, as a failure to do so may jeopardise the provision of services and could lead to your Repair Plan becoming void.
Maintaining Protection under Your Repair Plan
You may pay for your Repair Plan on an annual or monthly basis. If you have elected to pay your fees by monthly Direct Debit, we will collect your monthly fee for this Repair Plan by Direct Debit from your bank account on an agreed date of each month and, subject to the successful collection of that monthly fee, we will provide the services detailed in this Repair Plan wording for the month in which the monthly fee has been collected.
This Repair Plan commences on the date shown on your Agreement Schedule and continues by periods of one month upon receipt of your monthly or annual fee payment. If you have elected to pay your fees by monthly or annual Direct Debit, this Repair Plan does not have a specified end date and cover will continue until either you or we cancel the Repair Plan. However, should you fail to make a payment in any month, we will notify you in writing at the address recorded on the Agreement Schedule and service will cease 30 days from the date the last monthly fee payment was received by us.
Your Repair Plan will automatically renew following receipt of your payment for the period of support as defined in your Agreement Schedule.
Subject to the Conditions, Exclusions, Limitations and to the Support Procedure, the Providers agree that in the case of an event outside your manufacturer’s guarantee period and within the territorial limits during the Period Plan, we shall, at our absolute sole discretion, pay for the cost of repair by the approved repairer when authorised by us or for product replacement when authorised and arranged by us. Subject to our absolute sole discretion, our maximum liability in respect of any one Event will be the replacement cost of the appliance subject to any betterment as per the terms of this Repair Plan.
Any benefit provided by the Providers under this Repair Plan shall be granted solely by the Providers, and in every case, shall be made only upon such terms and conditions as the Providers determine.
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. For the avoidance of doubt, the limit of or the provision of the benefit shall only be made in the absolute discretion of the Providers.
1 General Conditions
1.1 Service Notifications & Requirements
In order to notify a support requirement, you or your authorised representative, must:
a) within 14 days of the Event, notify the Providers through our customer service helpline on 0800 009 6311, Monday to Friday 9am 5pm (excluding bank holidays); and
b) where requested to do so, notify us in writing and submit a support notification form.
You must also ensure:
i. you hold the appliance or parts thereof available for inspection for 30 days following your support notification; and
ii. when requested to do so, and within 14 days of receiving such request, complete a support notification form containing a written statement of all reasonable particulars and details of the appliance affected, the appliance’s value and the Event, and furnish all such documents, explanations and other evidence as may be reasonably required by the Providers.
Unless all of the terms of this condition (as detailed above) are complied with, at our absolute sole discretion support under this Repair Plan may not be provided.
1.2 Appliance replaced under this Repair Plan
Should the appliance be replaced during the Plan Period and you are happy to continue making your fee payments, you must notify us of the replacement appliance to be covered by this Repair Plan.
The Providers or their representatives shall have the right at all reasonable times to have access to the appliance during the period for the purpose of inspection and repair.
1.4 Third party responsibility
If an Event arises as a result of the act or default of a third party, at the request and expense of the Providers, you will (at the Provider’s option) either assign the benefit of any third-party claim to the Providers or take and permit to be taken in your name all necessary steps to enforce your rights against any such third party. The Providers will not be liable to replace or repair the appliance under this Repair Plan unless you have duly complied with all of the terms and conditions contained in this Repair Plan.
You must not act in a fraudulent manner. If you, or anyone acting for you, makes a support notification under the Repair Plan knowing the claim to be false or fraudulently exaggerated in any respect, or makes any statement knowing the statement to be false in any respect, or submits a document in support of its position knowing the document to be forged or false in any respect, or makes a support notification in respect of any loss or damage known or believed by you to be as a result of a wilful act or with your connivance, then the Providers:
a) will not provide support in respect of the Event or any other Event which has been or may be notified in connection with the declared appliance or piece of appliance; and
b) will be entitled to recover all and any costs incurred in providing support under the Repair Plan relating to the specific declared piece of appliance since inception; and
c) may inform the police of the circumstances.
1.6 Legal and Governing Law
This Repair Plan may only be relied on and enforced by the Providers and you and shall not be directly or indirectly enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This Repair Plan shall in all respects be governed and construed in accordance with the laws of England and Wales and, subject to the terms of this clause, any disputes arising between the parties under this agreement shall be referred to the exclusive jurisdiction of the courts of England and Wales.
2. Supported Events
The Providers, at their absolute sole discretion, will cover the following:
- Any domestic appliance you chose to cover in your membership.
- The Providers or their representatives, at the Providers’ absolute sole discretion, will repair or replace domestic appliances in the event of a mechanical or electrical breakdown. Domestic appliances include, but are not limited to, washing machines, tumble dryers, condenser dryers, dishwashers, refrigerators, television sets, home entertainment systems, music systems, fridge-freezers, and chest freezers.
- You are entitled to call our freephone notification line to receive help and assistance if a domestic appliance stops working.
- If your appliance suffers an electrical or mechanical breakdown and the Providers are not able to resolve the problem, we will, at our absolute sole discretion, decide to either approve a repair or to pay part or all of the cost of replacing your equipment, subject to our terms and conditions.
3. Circumstances in which support will not normally be available
As described above, we very much hope that your Repair Plan will give you peace of mind through protection against the unplanned cost of repairs and replacements for its full duration, but obviously some things are not within the scope of the Repair Plan:
3.1 Inherent defects, wear and tear, etc.
- Damage to or destruction of the appliance caused by:
its own defective design materials or workmanship, a latent defect or defects, gradual deterioration, wear and tear, corrosion, rust, condensation or evaporation, dampness, dryness, dust, change in temperature and foreign objects;
- faulty or defective workmanship, operational error or omission on your part or the part of any person using the appliance with your express or implied consent;
- handling and/or use of the appliance that is not in accordance with the manufacturer’s instructions as set in their handbook supplied with the appliance.
3.2 Other issues
The following are not covered by the Repair Plan:
- repair costs and charges where a fault cannot be found with the appliance or when the appliance is used in unapproved commercial locations. Such approval may be obtained in advance of use from the Providers;
- an appliance that does not meet the current electrical regulations in force at the time of purchase or faults relating to the installation of the appliance;
- work, which relates to a manufacturer recall or routine maintenance of the appliance, supplies or service in your home;
accidental damage or cosmetic repairs;
- claims arising from the interruption, failure or disconnection of public services to your home (including water, electricity or gas supply) however caused or from gas leaks;
- total loss of use of the appliance due solely to the non-availability of replacement or substitute parts, in which case the Providers shall, at their absolute discretion, offer a settlement based on the depreciated value subject to betterment of the appliance and the estimated cost of repairs had the parts been available;
- if you request any addition work, or replacement parts or components of a superior specification are fitted, you will be responsible for any additional costs; the VAT element of any claim where you are VAT registered.
The name which will appear on your bank statement is “HOMEAPPLIANCETVCARE”
3.3 Intentional acts
You will understand that you are expected to take all reasonable precautions when using, carrying or storing your appliance. This Repair Plan does not cover any event occurring as a result of intentional acts, wilful neglect, intentional or reckless overloading of, or the imposition of any abnormal conditions on, the appliance.
3.4 Consequential losses
Because this is a plan for repair and maintenance services we do not provide support for any consequential loss or damage arising from an Event or from any cause whatsoever. Consequential loss shall include, but not be limited to, any financial loss or the cost of business interruption arising from the loss of use of the appliance, or the loss of information contained in or stored on the appliance, any time and cost involved in reinstating such information, and any liability to any third party for delay or non-performance of any contract with the third party. Consequential loss shall also include loss of use of any item of appliance (not itself subject to an event) due to its incompatibility with any item of appliance repaired or replaced pursuant to this Agreement.
3.5 Use by others
An Event occurring whilst the appliance is in the custody of a third party. A third party means anyone other than you or a member of your immediate family normally resident at the address shown in the Agreement Schedule.
Any amount that is recoverable upon the occurrence of an event at no expense to you under any guarantee, warranty, maintenance, and rental hire or lease agreement.
3.7 Older Appliances
If the appliance listed in your Agreement Schedule is over 6 years old, then, at our absolute sole discretion, you may be asked to pay a contribution of up to £40.00 of the repair costs.
3.8 Replacing Appliances
At our absolute sole discretion if, following an Event, we are unable to repair your appliance, we may arrange a reasonable replacement or provide you with vouchers that are valid with a retailer of our choice.
You will be responsible for disposing of the original equipment and you may also be required to pay for the delivery and installation charges
4. Refund Policy
The maximum cancellation fee repayable will be £120 and is applied for each 12-month period from your commencement date. This fee is for anyone that has notified an Event or has had a service from us in any period.
However 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 plan fee (less any fees you have already paid in the current period).
5. Customer Service and Complaints
The aim of Home Appliance TV Care is to provide you with a first class service at all times. However, we realise that things can sometimes go wrong and there may be occasions when you feel that you have not received the service you expected. When this happens we want to hear about it so we can try to put things right.
Only the named Repair Plan holder(s) or an authorised representative should call or write to make a formal complaint. It is the intention to give you the best possible service, but if you do have any questions or concerns about this Repair Plan or the provision of service, you should follow the Complaints Procedure below:
6. Complaints Regarding the Sale of the Repair Plan:
If your complaint about the sale of your Repair Plan cannot be resolved by the end of the next working day, your agent will pass it to:
Customer Services Department Home Appliance TV Care, 1st Floor East Wing, Metro House, Northgate, Chichester, West Sussex, PO19 1BE or email firstname.lastname@example.org To speak with an advisor, call 0800 009 6311.
7. Complaints Regarding provision of services:
Home Appliance TV Care, 1st Floor East Wing, Metro House, Northgate, Chichester, West Sussex, PO19 1BE or email email@example.com To speak with an advisor, call 0800 009 6311.
The above complaints procedure is in addition to your statutory rights as a consumer. For further information about your statutory rights contact your local authority Trading Standards Service or Citizens Advice Bureau
8.Data Protection Act
Details of you and your Repair Plan will be held by the Providers and the Providers in their computer records for processing, claims handling and fraud prevention, subject to the provisions of the Data Protection Act 1998
To help us improve our service, we may record or monitor telephone calls, subject to the provisions of the Data Protection Act 1998 and any other relevant legislation.