PROTECTION PLAN
TERMS AND CONDITIONS FOR POSTAL ORDERS
These are the terms and conditions of which we supply our Protection Plan (Plan) to you.
It is important that you take care in reading these terms and conditions, including any relevant exclusion or special conditions. These terms, along with Your Certificate and any changes which you are formally notified of by us form your agreement with us. We intend to rely on the terms and conditions set out in this document.
For Products which are out-of-guarantee at the time you take out a Plan, protection will commence 30 calendar days from when your application is processed.
Definitions
Business Day: means Monday to Friday excluding Bank Holidays in the UK.
Plan: this contract.
Product(s): the appliance(s) protected by this Plan, as shown on Your Certificate.
we/us/our: After Care Universal Ltd trading as After Care, the provider of the Plan.
you/your: the person named on Your Certificate.
Your Certificate: the certificate document provided with these terms.
Basis of the Plan
In the event that you make a valid claim under this Plan we may at our absolute discretion (but are not obliged to) arrange for a repair to the Product in accordance with the terms of the Plan.
If any repair is unsuccessful or we consider the Product beyond economical repair, we may at our absolute discretion (but are not obliged to):
· provide a replacement Product that we consider to be appropriate in the circumstances; or
· provide store vouchers to a value that we consider to be appropriate.
This Plan is not a contract of insurance. We have full discretion as to whether we meet a valid claim under this Plan and how we meet that claim. As a result, even where you make a valid claim under this Plan, we may decide in our absolute discretion not to meet that claim. We will aim to consider all claims in good faith.
Where we reject a valid claim, all payments you have made in the current period of your Plan will be refunded and your Plan will end immediately. No further amounts will be payable. We’ll confirm this in writing to the most recent address provided to us.
Acceptance
A Plan will only be deemed to have been entered into by us when we confirm our acceptance to you in writing or by a phone call. These terms and conditions will apply to any Plan entered into between you and us to the exclusion of any other terms of a previous contract formed between us, any terms you seek to expressly include, or any terms implied by trade or custom.
Conditions
The following conditions apply to this Plan:
• You must be at least 18 years old and a resident of the United Kingdom to qualify for eligibility.
• Your Product must be in good working order when this Plan commences.
• Your Product must be no more than 8 years old at the time your Plan begins.
• If you are paying for your Plan via instalments and you make a successful claim against your Plan, you remain liable to make the remainder of the payments for that year in full, unless we decide to replace your Product, in which case the provisions (Replacement Terms and Our Rights to Terminate the Plan) below will apply. We can deduct the outstanding payments from any successful claim amount.
• You must provide us with any information that we reasonably request when you apply for the Plan. All information given must not be false, exaggerated or misleading.
• Your Product must have been installed, maintained and used in accordance with the manufacturer’s guidelines.
• Your Product must be owned by you and used only for domestic purposes by your or your resident family.
• Your Product must be used in your private home, solely occupied by a single household (at the address you give to us).
• Your Product must be easily accessible, meet all relevant safety standards and be safe to work on.
Obligations
· You must arrange and pay for any work required to make your Product accessible and compliant with all relevant safety standards and safe to work on, e.g. you will be responsible for arranging and paying for work required to fix a gas leak.
· 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.
· We will not meet a claim under the Plan if you have not fulfilled these obligations.
· You must not transfer any of your rights and obligations under this Plan without our prior written consent.
· You must provide proof of purchase of your Product.
Where a Product is unfit for purpose
This Plan is in addition to your legal rights and is not to be substituted for the manufacturer’s liability if any Product is found to be unfit for the purpose for which it was intended.
Breakdowns
If your Product suffers a mechanical or electrical breakdown after the manufacturer’s parts and labour guarantee period has concluded then provided that you meet the conditions for making a claim under the Plan we may at our absolute discretion (but are not obliged to) attempt to resolve the issue over the phone by connecting you to one of our trained representatives. If we are unable to find a solution during the telephone consultation an engineer may be appointed to evaluate the fault. At this stage we will decide whether to approve the repair. Where a repair is approved we may authorise and facilitate an engineer to conduct the repair, or we may instead elect at our absolute discretion to provide a replacement Product that we consider to be appropriate in the circumstances or provide store vouchers to a value that we consider to be appropriate.
Submitting a Repair Request
To request a repair please contact us at your earliest convenience by telephone or by visiting aftercarereuk.com. The telephone numbers and hours of operation will be shown on Your Certificate.
You must submit a repair request within 7 days of becoming aware of the fault with your Product.
Limitations
There is a limit of only one claim per year on any individual item covered by the policy. It is important to note however that your Plan may be concluded following the replacement of a Product (see ‘Product Replacement Terms’ for guidance).
Information Requirements
You must provide us with all relevant information we need to verify your repair request. You should send any requested documents to the address in ‘Customer Services’ below.
Who Can Conduct Repairs?
Only engineers appointed by us are authorised to carry out repairs under this Plan, unless we agree in advance in writing to permit you to use your chosen repairer. 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 we approve a repair but are unable to find an approved engineer, we’ll permit you to use your chosen repairer. This permission will be sent to you in writing for confirmation. Before this permission will be given, your chosen repairer will be required to supply us with an estimate to allow the cost to be considered. You will have to pay them and claim the cost back from us. Please keep a copy of your invoice to send to us.
Standard of Repair
Any engineer appointed by us to carry out the repair will do so with reasonable care and skill.
Service Level Agreements
Where we approve a claim, we will use reasonable endeavours to ensure that an engineer will be instructed within 1 Business Day of being notified of any fault with our engineers visiting your home within 2 Business Days of instruction. If your Product can be repaired, they will complete this repair within 2 Business Days of visiting your home.
If our engineer attends your appointment to repair your Product and you are not at home or you do not answer when our engineer attends, then you will have to arrange another appointment with our engineer. This second appointment will incur an administration fee of £35. If you do not attend your second appointment then you will be deemed to have waived any right to repair under this Plan.
Replacement Terms
1. In the event that your Product cannot be repaired or we consider it beyond economical repair we may agree to provide a replacement Product that we consider to be appropriate in the circumstances or provide store vouchers to a value that we consider to be appropriate.
2. All vouchers will be redeemable from a retailer of our choice and will be valid for at least 6 months from the date of issue. Voucher settlements will be sent to the last address you gave us.
3. If we decide to replace your Product or provide vouchers then you will need to pay to us £100 for a freestanding single use appliance or £150 for an integrated appliance or dual use appliance (washer dryer for example) either via card or bank transfer.
Product Disposal, Delivery, Installation and Other Costs
1. If we agree to replace your Product, you must pay the vendor’s delivery charge. This charge will vary depending on the nature of your specific Product but will be the cost the vendor charges us without any mark up. When we discuss the replacement with you we will tell you the exact cost for your consent.
2. If the Product is removed or sent away from your home for repair and is subsequently replaced, the original Product will become our property and we will dispose of it. If your Product remains in your home and a replacement is supplied, you will be responsible for disposing of the original at your own cost.
3. In all cases you will be responsible for installing the new appliance and paying any related costs.
Exclusions
The following are excluded from the Plan, and we will not pay for repairs or replacements which relate to:
· Any Product purchased outside the United Kingdom or not purchased through a United Kingdom registered retailer or E-Retailer.
· Damage to your Product which occurred during delivery, installation or transportation of the Product by a third party who is not our agent.
· Any breakdown cost already covered by a manufacturer’s, supplier’s or repairer’s guarantee or warranty on a Product.
· We will refuse any claim under your Plan where you or your immediate family cannot confirm the circumstances of the claim to our satisfaction or where we identify fraudulent behaviour.
· Replacement or recall of the Product (or any part) by a supplier or the manufacturer.
· Faults known to you before commencement of your Plan.
· Modifying or making a Product comply with legislation or work on the Product that is only required due to legislation changes or making it safely accessible.
· Your failure to follow the manufacturer’s instructions.
· Any problem with the supply of electricity, gas, water, broadband or broadcast content.
· Routine maintenance, cleaning, servicing and re-gassing.
· Repairs carried out outside of your main country of residence.
· Costs or loss arising from the inability to use your Product (for example the cost of using a laundrette), or incidental costs caused by breakdown or repair (for example the cost of removing and re-instating built-in or fitted equipment).
· Damage to any other property or possessions, unless it is our fault.
· Cosmetic damage such as damage to paintwork, dents or scratches.
· Any loss, damage or impairment to functionality caused by: theft, attempted theft, neglect, deliberate damage or damage caused by animals, plants or trees.
· Any loss, damage or impairment to 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 (such as computer viruses or date-change faults).
· Any damage to your Product caused by a deliberate act of your or your resident family.
· Any appliance not registered under the Plan.
· Repairs, maintenance work, or use of spare parts, where not approved by us.
· Damage to ceramic or glass surfaces.
· Files (digital or otherwise) lost due to a repair or replacement and your failure to back them up.
· Commercial or business use including use by charities, not-for-profit organisations, local government or other such similar organisations (unless we agree to the usage in writing beforehand).
· Fraud or attempted fraud, or where the condition of the Product is not consistent with the request you made.
· The cost of replacing any accessories including: external fuses, lawnmower belts, batteries, power cells, light bulbs changeable by the user, fluorescent tubes and related starter components, filters, attachments, cables and cable joints, plugs, light covers, grills, removable parts, glass and enamel parts, catalytic panels, external piping, rain covers, starter connections and straps, 3D glasses, vacuum cleaner bags, brushes and tubes, audio pick-up systems including scanners, printer toner or ink cartridges and printer ribbons.
· For Products that include software: external data carriers, other input devices (scanners, gaming controllers, mouse devices), other external controllers (if not included when purchasing the Product), installing, modifying and upgrading software.
· For Products with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens.
· For televisions: the change from analogue to digital broadcasting including terminating analogue transmissions, software interface problems, satellite or cable systems or gaining access to cables within the fabric of a building or wall.
· Damage caused by, or arising from, accidents.
· AGAs and gas tumble dryers.
ITEMS WE DO NOT COVER
• Large American style ovens in excess of 600mm wide. i.e. Range Ovens, Aga etc
• American style fridge freezers in excess of 600mm wide.
• Any Item with a Market Value in excess of £500.
Payments
1. If you pay the fees monthly (inclusive of all applicable taxes) by a continuous authority payment, you must make regular payments in accordance with the ‘Payments schedule’ set out in Your Certificate. If we are unable to collect a payment from you, we will contact you to notify you that the payment was unsuccessful. Failure to make payments in accordance with the Payments schedule could lead to your Plan being cancelled prematurely.
2. If instead you choose to pay all the fees for the period in advance in one payment, you must pay this amount (inclusive of all applicable taxes) before the Plan will start.
3. We may use a collection agency to recover any amount owing to us.
4. 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 is received.
Duration
1. 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 and conditions).
2. Before your Plan ends, we will contact you about renewing. Your renewal notice will show the new amount to pay. The fee payable may be adjusted at renewal, meaning the cost could be higher or lower than it has been previously.
3. If you pay by cheque or any means other than a card payment, you will need to make payment for your Plan to continue.
5. If we fail to receive confirmation that you do not wish to renew your Plan will renew automatically ensuring no gap in cover.
6. We reserve the right not to offer you a renewal on your Plan.
Cooling Off Period
There is an initial cooling off period as defined below.
1. The ‘cooling off period’ is the fourteen-day period from the start date specified in Your Certificate.
2. If you change your mind during the cooling off period, you can cancel your Plan and we’ll refund any fees paid less out £25 administration fee.
3. If your Plan automatically ends or is cancelled by us, these rights do not apply (see ‘Our Rights to Terminate Service’ below).
Changes to these terms
If you are ending a contract for a reason set out at in this paragraph below the contract will end immediately and we will refund you in full for any part of the year you have paid for but which has not yet taken place:
1. We have told you about an upcoming change to the Plan or these terms which you do not agree to;
2. We have told you about an error in the price or description of the Plan you have ordered and you do not wish to proceed;
3. We have suspended the Plan for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 1 month; or
4. You have a legal right to end the contract because of something we have done wrong.
Our Rights to Terminate the Plan
1. If at any time we replace your Product or give you a voucher settlement, your Plan will automatically end, and no refund will be due to you save for any payments paid in accordance with this Plan for the remainder of the year after the date of the replacement of your Product (see ‘Product Replacement Terms’ above).
2. If you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
3. If you fail to comply with certain conditions and obligations (see ‘Conditions’ and ‘Obligations’ above) we may bring your Plan to an end and we will have no further obligations to you under the Plan. We’ll refund any fee payments you have made during the current month of your Plan. You must pay us for any call-out and repair costs we have incurred in the current month. If you have paid the fee for your annual Plan in advance, then your refund will be prorated for the remaining full calendar months on your Plan.
4. If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to meet a claim under this Plan.
5. If you do not, within a reasonable time, allow us access to your premises to supply the services.
6. We reserve the right to cancel your Plan by giving you fourteen days’ notice. If we cancel your Plan using this provision, you will receive a prorated refund of the fee paid for the remaining full calendar months on your Plan.
7. In each case, we’ll confirm any such ending or cancellation of the Plan in writing to the most recent address you have provided us.
8. If we terminate your contract in accordance with this clause we will refund you for any remaining periods of cover but will deduct reasonable compensation for the costs we will incur as a result of your breaking these contract.
Customer Contact Details
For customer Services: The telephone number relating to your Product and the hours of operation will be stated on Your Certificate. Alternatively, you can write to us at
After Care Universal Ltd,
10 Hyde Gardens, Eastbourne, United Kingdom, BN21 4PN or via our website aftercareuk.com.
Complaints
If you wish to complain or you are unhappy with the service provided, please contact our customer Services team (see ‘Customer Contact Details’ above).
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 impact 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 prorated refund of any payments that you have made for the unexpired period of your Plan.
Data Protection
After Care and its business partners will use your information only to provide the requested service and for administration (including the recovery of any amounts owing, where applicable), customer surveys, regulatory reporting, to check and verify your identity and analytics and testing purposes.
You may (for an administrative fee of £10) request a copy of your data. If your personal details change please let us know by writing to: After Care Universal Ltd, After Care, 10 Hyde Gardens, Eastbourne, United Kingdom, BN21 4PN.
Recording of Telephone Calls
All telephone calls between you and the administrator or the insurer may be recorded and monitored and the administrator and the insurer reserve the right to use any recordings made.
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.
Customers with Disabilities
We offer a number of services for customers who have disabilities including providing our documents in Braille, large print or audio formats. Should you need to request these services please contact us via the contact information supplied in Your Certificate.
Limit of Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We do not exclude or limit liability in any way where it would be unlawful to do so.
Force Majeure
Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:
acts of God, flood, drought, earthquake or other natural disaster; an epidemic or pandemic; any terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; any collapse of buildings, fire, explosion or accident; and any labour or trade dispute, strikes, industrial action or lockouts.
If a party is prevented, hindered or delayed in or from performing any of its obligations under this contract by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than one month, the party not affected by the Force Majeure Event may terminate this agreement by giving 1 months’ written notice to the Affected Party.
Assignment
This Plan is personal to you and you shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Plan.
We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this Plan.
Personal Representatives
In the event of your death we will provide to your personal representatives any benefits as would have been payable under this Plan to you but for your death.
Severance
If any provision or part-provision of this Plan is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Plan.
Entire Agreement
These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Plan. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.
Governing Law and Statutory Rights
We will communicate with you in English and English Law will apply unless we agree otherwise with you.
The courts of England and Wales shall have exclusive jurisdiction of any dispute arising under or in connection with these terms.
Nothing in the conditions will reduce or affect your statutory rights; for further information about your statutory rights you can contact the Citizens Advice Bureau via their website www.adviceguide.org.uk or by telephone on 0345 404 0506