THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS THIS AGREEMENT DOES NOT AFFECT ANY LEGAL RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SERVICES
1.1. “We” “Our” “Us” means Mitsubishi Electric Europe B.V.
1.2. “You” “Your” means you, the consumer enduser contracting with Us for Our Services.
1.3. “Home” means Your domestic premises where Your Ecodan heat pump system is installed.
1.4. “Services” means Our maintenance services for Your Ecodan heat pump only or Your System in accordance with the agreed service level for the Services. (Conditions and exclusions apply).
1.5. “Services Agreement” means the agreement between You and Us for Services to Your Ecodan heat pump system at Your Home.
1.6. “Services Schedule” means the schedule issued by Us when accepting Your order for Services and confirming the specific service level and pricing for the Services.
1.7. “System” means the Ecodan heat pump system as installed at Your Home including Your Ecodan heat pump, cylinder and all other System components and connections and associated interfacing equipment.
2. Scope of our services
2.1. Our Services apply only to:
2.1.1. Mitsubishi Electric’s Ecodan® air source heat pump; and
2.1.2. a Mitsubishi Electric cylinder;
2.1.3. a third party cylinder that meets Our minimum requirements for suitable heat transfer capability and (for 3 Diamond Maintenance Cover only) which has passed Our pre-inspection (see Clause 2.6 for details). (See Clause 2.2.2 for excluded
2.1.4. all other System components and connections and associated interfacing equipment as originally purchased from Us and installed in Your Home but not any flow temperature controller equipment customised after purchase.
2.1.5. all other third party System components and connections and associated interfacing equipment as originally purchased from
third party suppliers and installed in Your Home but not any excluded equipment (see Clause 2.2 for details).
2.2. Services exclude:
2.2.1. any inaccessible System pipework, plumbing connections or wiring that would cause damage and disruption to service or repair;
2.2.2. all ‘Gledhill BoilerMate’ cylinders and any other ‘Gledhill BoilerMate’ product and any unvented cylinder using an internal
2.2.3. any non-Mitsubishi Electric flow temperature controller equipment incorporated into the System;
2.2.4. any customised version Mitsubishi Electric flow temperature controller equipment.
2.2.5. any underfloor heating system (UFH) installed at Your Home. (Note: Services extend only to accessible pipework up to
the UFH manifold. UFH system maintenance itself is excluded).
2.2.6. (for 3 Diamond Maintenance Cover onlysee Clause 2.6) any other non-Mitsubishi Electric System component identified by Us
during Our pre-inspection as having been declared obsolete by the third party manufacturer.
2.3. We do not offer Our Services under these Terms and Conditions for any commercial installation or to any landlord.
2.4. The Services Schedule forms part of the Services Agreement.
2.5. Our Services supplement and do not replace or extend Our “HomeOwner Guarantee” available to the home owner for the Ecodan air source heat pump and any cylinder and associated interfacing equipment originally purchased from Us and installed in Your Home. That guarantee is subject to registration and compliance with the terms of that guarantee.
2.6. IMPORTANT: For 3 Diamond Maintenance Cover Our pre-inspection fee is payable by You in full in advance and is non-refundable. Where Our pre-inspection for 3 Diamond Maintenance Cover confirms Your System is in satisfactory condition, We will conduct a full service during that visit. Your 3 Diamond Maintenance Cover will then commence upon Your payment of the balance of the fee due for this level of Services. Alternatively, where You are already aware that Your heat pump or Your System is faulty, You
may apply to us for a quotation to perform remedial works and a 3 Diamond Maintenance Cover Services Agreement conditional upon Our completion of those works. In that case, Our completion of those remedial works shall be deemed to include Our completion of annual maintenance inspection Services within the 3 Diamond Maintenance Cover. Where Our pre-inspection discloses that any
remedial works are required to be performed before the 3 Diamond Maintenance Cover Services can commence, We shall quote separately in writing for those works. Subject to Your agreement, We shall arrange for those works to be carried out at a mutually convenient date and time, normally within 14 days of Your confirmation to proceed. In that case, the 3 Diamond Maintenance Cover Services shall be deemed to commence on the date of Our completion of those works and Your payment of the balance of the fee due for this level of Services. We reserve the right to suspend the Services if You fail to pay for remedial works by the due date.
If You reject our quotation for remedial works or fail to respond within 30 days to our quotation then We shall notify You that the 3 Diamond Maintenance Cover Services Agreement is deemed to be terminated. If Our pre-inspection or any inspections for the
purposes of a quotation for remedial works discloses any fault that We consider cannot be remedied or any remedial works that would
necessitate any structural building works or major plumbing or electrical works to Your Home then We may withhold Our quotation for remedial works and issue You notice terminating the Services Agreement. Any such termination does not restrict You from reapplying for Services at a later date when You have had the fault remedied. 2.7 Glycol (antifreeze) required for topping up Your System as part of Our pre-inspection or any Services will be an additional cost. Our engineer will inform You as to the cost of glycol and will ask you to confirm Your consent to the charge. We do not charge labour for topping up with gycol. However, any full System flush and refilling with glycol is an additional cost and is also subject to a
2.8 The Services Schedule details Our basic pricing to You for the Services and payment options available to You. You can make payment in full in advance. If You wish to pay on a monthly basis then as a pre-condition to acceptance of Your order for Services you must confirm a Direct Debit for Your monthly payment to Us.
2.9 The Services visit report made by Our engineer for any pre-inspection and each annual service inspection or for any call-out (where Your Services Agreement includes any level of call-out Services) will confirm:
- time of arrival at Your Home
- any access or safety issues encountered by Our Engineer
- for any pre-inspection, whether Your Ecodan heat pump or Your System as appropriate is satisfactory
- identification of any faults or failures to Your
Ecodan heat pump or Your System as appropriate (and will record any fault or failure outside the scope of the Services
- remedial actions taken or recommended by Our Engineer plus any maintenance servicing
2.10 Services are available at a Home anywhere in England, Scotland or Wales provided that it is in a reasonably accessible location for Our Engineer. For some remote areas, We reserve the right to apply additional charges for increased travel costs including flights and accommodation. Your responsibility for these charges will be specified by Us in the Services Schedule as a condition to accepting Your order.
3. Refusal to contract
We reserve the right in Our discretion to refuse to enter into a Services Agreement with You. Without limitation, this includes Your Home being in an inaccessible location or any fault or failing in Your heat pump or Your System which is already known to us from any previous inspection or service support and which You do not confirm as having been remedied.
In such case:
- We will provide You with a written explanation for Our refusal; and
- We shall endeavour to suggest any potential third party maintenance services suppliers, but cannot be held responsible for the
performance, acts or omissions of any such third parties.
4. Period of agreement & renewal
4.1. The initial period of the Services Agreement shall be 12 months commencing from the date of Your payment of the of the fee due for the relevant Services (or where You require 3 Diamond Maintenance Cover Your payment of the balance of the fee due following a
satisfactory pre-inspection for 3 Diamond Maintenance Cover or completion of any remedial works) - see Your Services Schedule.
Services will be provided at a fixed price for this annual period (unless the rate of VAT changes or any statutory levy is introduced by
Government) plus any chargeable additional amounts as may be due in accordance with this Agreement (for example, any glycol topping-up as noted in Clause 2.7 or for any call-out (where Your Services Agreement includes any level of call-out Services)). All fees and charges include VAT. We shall charge and You shall pay the total annual price by the due dates as specified in the Services Schedule, subject only to Us issuing a VAT invoice. Important: We are not obliged to conduct any Services within the first 14 days following acceptance of Your order and Your confirmation of a Direct Debit, whichever is later.
4.2. We will review Our pricing and scope of Services annually. We shall notify you at least 4 weeks in advance of any change in pricing and/or Services effective as at the renewal date. We shall renew the Services Agreement applying revised pricing and/or Services for the following 12 months' period unless You have told Us prior to renewal date that You do not wish to renew.
5. Change to Terms and Conditions
5.1. We reserve the right to amend these Terms and Conditions from time to time as may be required to reflect changes in applicable laws upon notice to You.
5.2. We reserve the right to amend these Terms and Conditions with effect from any annual renewal date. We shall give You at least 4 weeks’ prior written notice of any amendment(s).
6. Refusal to renew
6.1. We reserve the right not to renew Your Services Agreement where Your heat pump or System or any System component is considered to be beyond its normal operational life or beyond economic repair or where spare parts or components are no longer available. We will give You at least 4 weeks’ prior written notice of non-renewal where this applies, detailing the reason for non-renewal.
7. Service appointments
7.1. Date and time for Our pre-inspection will be as agreed with You in advance (3 Diamond Maintenance Cover only). Date and time for each annual maintenance inspection of Your heat pump or System (if within the scope of the Services to You) will be agreed with You in advance.
7.2. For any call-out, we will endeavour to meet the maximum response time applicable to the agreed Services cover level stated in the Services Schedule unless this is not possible due to circumstances beyond Our reasonable control. We shall endeavour to inform you as soon as practicable of any projected delay in arrival at Your Home and the cause of delay, along with Our anticipated earliest arrival time.
7.3. We do not accept liability to You for:
- Your time in waiting for Our engineer's arrival; or
- for remaining present at Your Home during the conduct of the relevant Services; or
- in the case of call-out Services, any costs of alternative heating systems as may be used by You or cost of any alternative accommodation taken by You pending the Services visit and completion for Services repairs.
8. Home Access
8.1. You or another responsible adult must be present at Your Home to allow access by Our engineer and must remain present during the conduct of the Services. You or another responsible adult must sign to acknowledge receipt of the Services visit report. If You or
another responsible adult cannot be present at the allotted time for the Services, You must notify Us by latest 12 noon the working day
before the Services visit in order to reschedule the date/time.
8.2. Should Our engineer not be able to access Your Home or the System at the agreed appointment time then the Services will not be performed:
You will be charged for a wasted visit at Our then current standard rate along with Our reasonable travel costs.
8.3. We reserve the right to cancel Your request for a Services visit if You fail to allow or arrange entry to your Home at the required date and time.
9. Safe working
9.1. Acceptance of Your order is on the basis that
9.1.1. Your Ecodan heat pump is installed and is accessible from ground level; and 9.1.2. that there are no abnormal installation conditions affecting safety or conduct of Services at Your Home. If Your heat pump is installed at height (i.e. at any height above one metre from ground level) and/or if there is any abnormal installation condition potentially impacting on safe working conditions for Services which should reasonably be brought to Our attention then You must
consult us before placing Your order. We will determine whether We can accept Your order and any special conditions as may be
required as conditions to Our acceptance, including pricing impacts. If Your order is then accepted, a special note will be made on the Services Schedule detailing any special pricing and conditions:
for work at height this will include special payment terms for scaffolding and access for safe conduct of Services.
9.2. We reserve the right to refuse to perform any Services where in Our engineer's reasonable opinion conditions in Your Home mean that:
9.2.1. it is not safe to conduct the Services, for example (but without limitation) where there is an aggressive animal present or
where any building works or structural damage or dangerous electricity supply connections preclude safe working; or
9.2.2. smoking or other activities by You and/or any other occupiers in or near the work areas in Your Home (whether or not
directed towards Our Engineer) would interfere with Our engineer’s working and conduct of Services.
10. Our Engineer
10.1. Our engineer attending Your Home will be either Our employee or an authorised subcontractor. Our engineer will wear
Mitsubishi Electric uniform and carry a Mitsubishi Electric identity card.
10.2. Our engineer will never make any unannounced or surprise visit to Your Home.
11. Replacement Parts
11.1. Where practicable We seek to repair any faulty part. We reserve the right to swap out a faulty part with a replacement part and to retain the faulty part.
11.2. Our engineers carry stock of standard service parts. If for any reason the required service part is not available, We shall arrange another date and time to attend Your Home to complete the Services.
11.3. Unless the agreed cover level for the Services includes parts on a free-of-charge basis for part and labour or where Our ‘HomeOwner Guarantee’ applies, any replacement parts fitted as by Our Engineer are chargeable at our then current list price less any discount as may apply in accordance with the agreed cover level- see the Services Schedule. Where chargeable, Our Engineer will inform You as to the cost of the part and labour costs required to replace any faulty part and will ask You to confirm Your consent to the conduct of chargeable repairs.
11.4. Where Your System includes any third party System component, We buy in genuine service parts when required for servicing of Your System. Where any third party System component has been declared obsolete by its manufacturer and/or is no longer available in the market, We may at our discretion notify You of the deletion of that System component from the scope of our Services and reduce Our pricing proportionately or We may issue You with notice of termination in accordance with Clause 6.1 of this Services Agreement.
11.5. We reserve the right to use new or reconditioned genuine parts as spare parts.
12. Excluded Risk
12.1. We shall make final determination as to the cause of any loss or damage to Your heat pump or System.
12.2. If You have contracted for Services including a call-out response and You request that call-out attendance, We reserve the right to charge You all Our reasonable costs for the Services visit where Our engineer’s inspection as detailed in the Services visit report confirms either that:
12.2.1 no fault or failure is found in the heat pump or System; or
12.2.2 the fault or failure is due to any excluded risk; or
12.2.3 the cause of heat pump or System impairment as identified by Our engineer is outside the scope of the Services Agreement.
12.3. We are not liable to provide any Services under the terms of this Agreement where Our initial telephone diagnosis or Our preinspection confirms there is a failure or fault in Your heat pump or System resulting from any of the following excluded risks:
- incorrect installation;
- incorrect application;
- inadequate commissioning or failure to commission;
- failure to conduct routine maintenance in accordance with manufacturer’s instructions to users (including without limitation any resulting frost damage, scale damage or other blockage or System error or failure);
- neglect, accidental damage, any cosmetic damage, malicious damage, misuse or loss or damage caused by inadequate power
supply or water pressure;
- any alteration, tampering or repair by You or any other person not previously approved by Us; or
- failure to use for normal domestic purpose. Your cylinder must be fed only from the public mains water supplies and used only
for storage for potable (i.e. drinkable) water and must not have been subject to frost damage;
- for Services limited to annual maintenance inspection services only, where the failed or faulty item of System equipment has
exceeded its anticipated life span. 12.4. Where the annual maintenance inspection or any call-out visit to Your Home discloses any excluded risk impacting Your heat pump or System, We shall not be obliged to provide any further Services until You have put right the cause of the excluded risk at Your own cost. Any such suspension of Services shall not extend the period of the Services Agreement.
12.5. We reserve the right to terminate the Services Agreement immediately in Our discretion if there is an excluded risk impacting Your heat pump or System which cannot be remedied.
12.6. We are not responsible by this Agreement for any loss or damage to other goods or property in Your Home caused by any water damage or other loss or damage resulting from previous inadequate maintenance by any third party. You should check whether Your home insurance covers such risks.
12.7. We are not responsible by this Agreement for any fault which We could not reasonably have identified during the course of a service visit.
12.8. Faults and any associated costs arising due to lack of power or water, water contamination, scale formation or air pollution are outside the scope of the Services.
We guarantee to conduct the Services with reasonable skill and care. We guarantee any replacement parts and Our workmanship for a period of one year from the date of installation by Our engineer. Our services guarantees here are in addition to Your statutory rights. Our services guarantees do not affect Your statutory rights.
14.1. If You have a complaint in respect of Our Services please contact Our Customer Service Manager (tel: 0161 866 6064) or write to us at MELSmart Maintenance, Mitsubishi Electric Europe B.V., Unit 12, Mercury Park, Mercury Way, Trafford Park, Manchester M41 7LY, or email us at firstname.lastname@example.org
14.2. Your complaint will be acknowledged within 24 hours and You will receive regular updates on progress being made up to final resolution.
14.3. Our complaints handling policy is available by emailing Us at email@example.com
15.1. You can cancel the Services Agreement up to 14 calendar days from the date of Our written acceptance of Your order by calling Us or writing to Us. A model cancellation form is also available by emailing Us at firstname.lastname@example.org We shall not be obliged to provide any Services within the first 14 days following acceptance of Your order. If You cancel within this 14-day period and We have not provided any Services to You, You will receive a full refund of any payment made. If You requested Us to begin the performance of Services during the cancellation period and We have provided Services to You, You shall pay Us an amount which is in proportion to what has been performed until You have communicated to Us Your cancellation from this Services Agreement in comparison with the full coverage of this Services Agreement: in such case any refund due to You shall be reduced accordingly. Note: Payment for Our preinspection for 3 Diamond Maintenance Cover is non-refundable. Note: cancellation of Your Direct Debit does
not itself mean You have cancelled or terminated Your Services Agreement. You must give Us a clear statement that confirms
Your cancellation. Where You require any call-out repair or maintenance Services on an urgent basis those Services are non-cancellable: We shall endeavour to respond as soon as practicable upon receipt of Your payment for those callout Services.
15.2. After that first 14 calendar days, You can terminate Your Services agreement at any time by calling Us or writing to Us.
If You have arranged payment by Direct Debit Your termination will be effective as at the end of the month then currently covered by
Your Direct Debit payment. Where You have made payment in advance for the full period of the Services Agreement, You
shall receive a refund which is in proportion to the outstanding period of the Services Agreement as terminated by You.
Note: Payment for a pre-inspection is nonrefundable. 15.3. We reserve the right to terminate the Services Agreement immediately by written notice to You where You are not using the System for domestic purposes.
15.4. We reserve the right to terminate the Services Agreement upon not less than 14 calendar days’ written notice to You. We may apply this where:
15.4.1. You fail to pay Us on time;
15.4.2. there are on-going health and safety issues in Your Home affecting Our ability to Mitsubishi Electric Europe B.V. is a Netherlands limited liability company with a registered English branch (number FC019156, BR003391) and trading from Travellers Lane, Hatfield, Herts., AL10 8XB. ensure a safe system of work when conducting Services;
15.4.3. if You fail to effect any repair or replacement of other equipment or connections made by You or any third party
to Your System when and so advised to do by us.
16. Our Limitation of Liability
16.1. We will not be responsible for any loss damage cost or expense which is caused other than by breach on Our part.
16.2. Any economic loss or indirect and or consequential loss is not recoverable from Us or any supplier to Us. This includes without
16.2.1. Commercial loss of any nature including any loss of: (a) profit; (b) business; (c) revenue, rental or sale; (d) goodwill;
16.2.2. Other economic loss including: (a) loss or failure to achieve any anticipated savings through usage of the System, (b) failure to
achieve the sale, disposal or rental of Your Home; (c) loss of data; (d) any other special or indirect loss; (e) costs of alternative
heating and/or hot water supply; (f) wasted time and expenditure; (g) any inability to use any remote control functionality or
service for Your System (h) any other loss, cost, damage or expense.
16.3. We do not purport to limit or exclude liability to You for:
16.3.1. death or personal injury caused by Our negligence or that of Our employees, agents or sub-contractors;
16.3.2. damage to the System or System component or part (and where permissible by law limited to the replacement value
thereof) which is caused by Our negligence or that of Our employees, agents or subcontractors; 16.3.3. damage to other goods or property outside the System itself to the extent caused by Our negligence or that of Our employees, agents or sub-contractors;
16.3.4. any breach of implied condition as to good title to any spare part supplied by Us;
16.3.5. any fraudulent misrepresentation by or on behalf of Us;
16.3.6. any other liability that cannot be excluded by law.
You will provide Us with personal information through entry into the Services Agreement, provision of any Direct Debit and associated
Services correspondence and support calls.
17.2. We will use the personal information that You provide us as set out below:
17.2.1. to administer and provide the Services;
17.2.2. to provide You with details of any new heat pump system or and/or heating products and services which may be of
interest to You if You have agreed to this when contracting, (but not where You indicate to us at any time that You do not
want Us to contact You with such details);
17.2.3. to meet legal obligations applicable to Us and to respond to requests from law enforcement agencies and regulators.
We may share Your personal information with other Mitsubishi Electric group companies and agents and sub-contractors
for the purposes set out above. Those entities may use the personal information for those purposes.
17.3. We may transfer Your personal information to countries outside of the European Economic Area whose data protection regimes may not be as strict as those within the UK. Where We do We will do so only in accordance with the Data Protection Act 1998 and will ensure that the entity receiving such personal information observes the same standards of data handling and data security that We must observe under the Data Protection 1998.
17.4. We shall continue to hold and use the information You have provided in accordance with Our personal data retention policies save that details of any Services Agreement and Services visit report and other contact records will be maintained to the extent We
reasonably determine necessary in order that We can to respond effectively to any claim against Us.
17.5. Mitsubishi Electric Europe B.V. is registered at the UK Data Protection Registry with registration number Z6943649.
17.6. If You have any questions about Our use of Your personal information or wish to exercise any of Your rights under the Data Protection Act 1998, including Your right to obtain details of Your personal information that we process, please contact:
Data Protection- MELSmart Maintenance Services
Address: Travellers Lane, Hatfield, Herts,
18. Other Important Terms
18.1. The Services Agreement is personal to You and is not assignable or transferable by You. No Mitsubishi Electric Europe B.V. is a Netherlands limited liability company with a registered English branch (number FC019156, BR003391) and trading from Travellers Lane, Hatfield, Herts., AL10 8XB. other person can enforce Your rights under these Terms and Conditions.
18.2. This Agreement does not establish any rights for any third party: all third party rights under The Contracts (Rights of Third Parties) Act 1999 (or any equivalent legislation enacted by national Government) are excluded.
18.3. Subject only to the Services Schedule, these Terms and Conditions represent the entire agreement and understanding between You and Us concerning the Services and supersede any prior agreement or arrangements in respect of the subject matter.
18.4. Any notice required to be sent to You may be delivered by hand or first class pre-paid letter and shall be deemed to have been served if by hand then delivered and if by first class post 48 hours after posting.
18.5. Any illegality, invalidity or unenforceability of any section or sub-section and/or provision of these Terms and Conditions shall not affect the legality, validity or enforceability of the remainder.
18.6. Any delay or failure by Us to insist that You perform Your obligations does not rank as a waiver of Our rights.
18.7. All correspondence and communications with Us shall be in English.
18.8. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. However, any statutory rights to which You may be entitled under applicable local laws shall prevail.