The agreement between you and Appliance Cover Direct for your maintenance plan.
These terms and conditions ("the Conditions") govern the supply of maintenance and repair services by Easy Home Solutions Ltd to the customer named on the Plan Documents. Please read them carefully and retain a copy.
These are our standard terms for every plan. In special circumstances, we may agree something different with an individual customer. Where your Quote or Plan Documents say something different, what they say applies instead.
1.1 This Agreement is made between Easy Home Solutions Ltd, a company incorporated in England and Wales under company number 11939692 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ("the Company", "we", "us", "our"), and the person named on the Plan Documents ("the Customer", "you", "your").
1.2 The Company trades as Appliance Cover Direct and as Home Solutions. Correspondence and telephone contact may be made under either name. In each case the contracting party is Easy Home Solutions Ltd.
1.3 In these Conditions, unless the context otherwise requires:
"Agreement" means these Conditions together with the Quote and the Plan Documents;
"Breakdown" means the sudden and unforeseen mechanical or electrical failure of a Covered Appliance, or a fault in the Covered System, which prevents it from functioning as intended;
"Claim" means a request by the Customer for services under this Agreement which results in an Engineer attending the Home or in work being authorised by the Company;
"Claim Limit" means the maximum amount payable by the Company in respect of any one Claim, as determined under clause 9;
"Covered Appliance" means an appliance identified as covered on the Plan Documents;
"Covered System" means the plumbing and drainage installation at the Home, to the extent covered under a Plumbing & Drainage Plan;
"Engineer" means a qualified person instructed by the Company to attend the Home;
"Home" means the residential property in the United Kingdom identified on the Plan Documents;
"Minimum Term" means the minimum period of this Agreement specified on the Plan Documents;
"Plan Documents" means the documents issued to the Customer on commencement of this Agreement, recording the plan taken, the Covered Appliances or Covered System, the Claim Limit, the Charges and how often they are collected, and the Minimum Term;
"Plan Year" means each period of twelve months commencing on the Start Date and on each anniversary of it;
"Quote" means the quotation issued to the Customer in respect of the plan, whether in writing, by email or through the Company's website; and
"Start Date" means the date on which this Agreement commences, as stated on the Plan Documents.
1.4 Headings are for convenience only and do not affect the construction of these Conditions. The singular includes the plural and vice versa. A reference to writing includes email.
2.1 This Agreement is a contract for the supply of maintenance and repair services. Save as expressly provided in clause 13, it does not provide for the payment of compensation or indemnity in respect of any loss.
2.1.1 In plain terms: this is a service plan, not an insurance policy. We repair or replace the appliances on your plan. We do not pay you compensation for loss or damage.
2.2 These Conditions apply to every plan supplied by the Company. The Quote and Plan Documents record the matters agreed specifically with the Customer, including the Covered Appliances or Covered System, the Claim Limit, the number of Claims permitted, the Charges and the Minimum Term.
2.3 Where there is any inconsistency between these Conditions and the Quote or Plan Documents, the Quote and Plan Documents shall prevail to the extent of that inconsistency. All other provisions of these Conditions continue to apply.
2.4 No variation of this Agreement is effective unless agreed by the Company in writing.
3.1 The Customer must be aged 18 or over and must own or lawfully occupy the Home.
3.2 Each Covered Appliance and the Covered System must, at the Start Date: (a) be in good working order; (b) be used solely for normal domestic purposes; (c) have been installed in accordance with the manufacturer's instructions and all applicable regulations; and (d) be located at the Home.
3.3 The Company may decline to accept an appliance onto a plan, or may remove it from cover on written notice, where it cannot reasonably be maintained, where replacement parts are no longer obtainable, or where its condition or installation renders safe repair impracticable.
4.1 Cover extends only to the Covered Appliances identified on the Plan Documents, or (under a Plumbing & Drainage Plan) to the Covered System.
4.2 The Customer shall notify the Company if a Covered Appliance is replaced or if the Customer wishes to add or remove an appliance. No appliance is covered until the Company has confirmed its acceptance in writing and the Plan Documents have been updated.
4.3 Charges are quoted individually, having regard to the type, age and condition of the appliances to be covered and to the Claim Limit selected. Prices published on the Company's website are indicative starting prices and do not constitute an offer.
5.1 The Company may require the make, model, age and condition of any appliance to be disclosed before accepting it onto a plan, and may require the Customer to confirm that it is in working order.
5.2 Where the age or condition of an appliance is such that replacement parts may be difficult to obtain, the Company will notify the Customer before cover commences.
5.3 Wear consistent with the age of an appliance does not of itself constitute a Breakdown.
6.1 No Claim may be made during the period of 21 days beginning on the Start Date ("the Waiting Period").
6.2 Any fault identified during the Waiting Period shall be treated as pre-existing and is excluded from cover.
6.3 A further Waiting Period of 21 days applies in respect of each appliance subsequently added to a plan, in respect of that appliance only.
6.4 The Customer is asked to record the make and model of each appliance on the plan, through the online account or by telephone. Recording these details does not start a new Waiting Period or change when a Claim may be made. It allows the Company to identify the appliance and deal with any Claim more quickly.
6.5 Details recorded by the Customer through the online account may not afterwards be amended by the Customer. The Company may correct or update them on request, and a correction made at the Customer's request does not restart a Waiting Period already completed.
6A.1 Where the make and model of an appliance have not been recorded, the appliance is treated as a basic appliance of its type for all purposes under this Agreement.
6A.2 Where clause 6A.1 applies and an appliance falls to be replaced under clause 13, the replacement shall be of a specification comparable to a standard brand of that type, and not to the make or specification of the original appliance.
6A.3 Recording the details of an appliance does not extend cover to an appliance which is not identified on the Plan Documents, and does not alter the Claim Limit.
7.1 This Agreement does not cover any fault which existed, or of which the Customer was or ought reasonably to have been aware, before the Start Date or (in the case of an appliance added later) before the date that appliance was accepted onto the plan.
7.2 Clause 7.1 applies to intermittent faults and to faults previously reported to a manufacturer or other repairer and not resolved.
8.1 The Company supplies two categories of plan: Appliance Plans, covering domestic appliances identified on the Plan Documents; and Plumbing & Drainage Plans, covering the Covered System.
8.2 The Customer may hold more than one plan in respect of the same Home. These Conditions apply to each. Where a provision of these Conditions refers to a Covered Appliance, the equivalent under a Plumbing & Drainage Plan is the Covered System.
9.1 Subject to these Conditions, the Company shall on the occurrence of a Breakdown provide such of the following as the plan includes: engineer labour, replacement parts, call-out attendance and telephone technical support.
9.2 The Company's base plans carry a Claim Limit of £500 per Claim, inclusive of parts, labour and any call-out charge. Where a higher Claim Limit has been quoted and accepted, that figure is recorded on the Quote and Plan Documents and applies in place of the base figure.
9.3 Under an Appliance Plan, each Covered Appliance may be the subject of one Claim in any Plan Year. Accordingly:
(a) Single Appliance Plan — one Covered Appliance; one Claim per Plan Year; call-out charges included; cover extends to ceramic hobs, induction hobs and extractor fans;
(b) Essential Multi Plan — up to three Covered Appliances; up to three Claims per Plan Year; call-out charges included;
(c) Complete Multi Plan — up to three Covered Appliances; up to three Claims per Plan Year; call-out charges included; cover extends to ceramic hobs, induction hobs and extractor fans.
9.4 Under a Plumbing & Drainage Plan, cover applies to the Covered System rather than to named appliances:
(a) Standard Cover — call-out charges and engineer labour included; parts are not included and are chargeable to the Customer, the cost being notified before any part is fitted;
(b) Comprehensive Cover — call-out charges, engineer labour and parts included.
9.5 The number of Claims permitted in a Plan Year under a Plumbing & Drainage Plan, and the Claim Limit applicable to each, are quoted individually and are recorded on the Plan Documents. Repeat attendances in respect of the same fault constitute a single Claim.
9.6 Where the estimated cost of a repair exceeds the Claim Limit, the Company shall notify the Customer before any work is carried out. The Customer may elect to pay the excess or to decline the repair. A repair declined under this clause does not exhaust the Claim available in respect of that appliance.
10.1 This Agreement does not cover:
(a) wilful or accidental damage, misuse or neglect, or damage arising otherwise than from normal domestic use;
(b) use of a Covered Appliance or the Covered System for commercial purposes;
(c) cleaning, descaling, resetting or other tasks described as user maintenance in the manufacturer's instructions;
(d) cosmetic damage not affecting function, including marks, dents, scratches and discolouration;
(e) work carried out by any person other than an Engineer authorised by the Company;
(f) faults attributable to defective or incorrect installation, or to work undertaken by a third party;
(g) consumable items, including filters, seals, accessory hoses, bulbs, batteries and detergent dispensers, save where they have failed as part of a Breakdown;
(h) damage caused by foreign objects, by blockages resulting from misuse, by limescale, or by the use of unsuitable detergents or cleaning products;
(i) faults arising from the interruption or fluctuation of the electricity, gas or water supply;
(j) appliances which have been modified, or in respect of which the manufacturer's serial number has been removed or defaced;
(k) any loss, inconvenience or expense arising from an appliance or the Covered System being unavailable, including spoiled food, laundry costs, alternative accommodation and loss of earnings; and
(l) the replacement of an appliance, save as provided in clause 13.
11.1 The Customer shall notify the Company by telephone or email as soon as reasonably practicable after becoming aware of a Breakdown.
11.2 The Customer shall cease using the affected appliance or system upon a fault becoming apparent. The Company shall not be liable for additional damage caused by continued use.
11.3 The Company shall use reasonable endeavours to agree an appointment window with the Customer. Where a part must be ordered, more than one attendance may be required; repeat attendances in respect of the same fault constitute a single Claim.
12.1 The Customer shall provide safe and unobstructed access to the Home and to the Covered Appliance or Covered System, and shall ensure that a person aged 18 or over is present throughout the attendance.
12.2 Where an appliance is built in or integrated, the Customer shall make it reasonably accessible.
12.3 Where an Engineer is unable to gain access at the agreed time, or the attendance cannot proceed for reasons within the Customer's control, the Company may charge a reasonable fee in respect of the wasted attendance before rebooking.
12.4 The Company shall not be obliged to carry out work where an Engineer considers the site unsafe, including by reason of gas, electricity, water, pests, hazardous materials or the conduct of any person present.
13.1 The Company uses new or reconditioned parts of equivalent specification. Parts are subject to availability. Where a part is no longer manufactured or cannot be obtained within a reasonable period, the Company shall notify the Customer and shall not be obliged to complete the repair.
13.2 Where a Covered Appliance cannot be repaired, whether because a part is unobtainable or because repair would be unsafe or uneconomic, the Company shall, having first agreed the course to be taken with the Customer, either:
(a) replace the appliance with one of similar specification and condition; or
(b) pay to the Customer the current value of the appliance, to be applied towards a replacement of the Customer's choosing.
13.3 For the purposes of clause 13.2, current value means the value of the appliance at the date of the Breakdown, and not its original purchase price. The Company shall assess current value by reference to the age of the appliance, its condition immediately before the Breakdown, and normal wear and depreciation, and shall explain the basis of its assessment to the Customer. The Company may require evidence of make, model, age or purchase.
13.4 The Company's liability under clause 13.2 shall not exceed the Claim Limit applicable to that appliance. Where the current value exceeds the Claim Limit, the Company shall pay or provide to the value of the Claim Limit and the Customer may meet the balance.
13.5 Any replacement or payment made under clause 13.2 shall constitute the Claim available in respect of that appliance for the Plan Year in question.
13.6 An appliance supplied by the Company under clause 13.2(a) is covered under the plan from the date of installation. An appliance procured by the Customer may be added to the plan subject to clause 4.2 and to a further Waiting Period.
14.1 All work is carried out by Engineers authorised by the Company, who shall carry identification.
14.2 The Company shall perform its obligations under this Agreement with reasonable care and skill, as required by section 49 of the Consumer Rights Act 2015. Nothing in this Agreement affects the Customer's statutory rights.
14.3 Work carried out under this Agreement is guaranteed for twelve months in respect of the specific fault repaired and the parts fitted. A recurrence of the same fault within that period shall be remedied by the Company and shall not constitute a further Claim.
15.1 The Charges are payable at the frequency stated on the Plan Documents — monthly, quarterly, six-monthly or yearly — in advance or in arrears as stated there, and are collected on the payment date stated therein, either by Direct Debit or from the payment card registered by the Customer.
15.2 The Customer shall keep payment details current and shall notify the Company promptly of any change of card or bank details.
15.3 Where a payment is not collected, the Company shall re-present it and shall notify the Customer. Where collection remains unsuccessful, an administration charge of £5 shall be added to the Customer's account. That charge represents a genuine pre-estimate of the Company's administrative cost in dealing with a failed collection and is not a penalty.
15.4 The Company may suspend the provision of services while the account is in arrears. No Claim may be made in respect of a fault arising during a period of suspension, and any work carried out while the account was in arrears remains chargeable to the Customer.
15.5 The cancellation of a Direct Debit instruction, the withdrawal of payment card authority, or any other act by which the Customer prevents collection of the Charges, does not terminate this Agreement, does not bring the Minimum Term to an end, and does not discharge the Customer's liability for the Charges.
15.6 Where Charges remain outstanding for 30 days or more, the Company may:
(a) suspend the provision of services under clause 15.4;
(b) terminate this Agreement under clause 19.2(a);
(c) declare the whole of the Charges payable for the remainder of the Minimum Term immediately due and payable; and
(d) take such steps as it considers appropriate to recover the sums due.
15.7 The sums recoverable by the Company under clause 15.6 comprise: the arrears then outstanding; the Charges payable for the remainder of the Minimum Term; any administration charge levied under clause 15.3; the cost of any work carried out while the account was in arrears; and the Company's reasonable costs of recovery.
15.8 The Company may instruct a third party debt collection agency, or may commence proceedings in the County Court, to recover sums due under this Agreement. Where the Company does so, the Customer shall be liable for the Company's reasonable costs, fees and disbursements properly incurred, together with any costs awarded by the court.
15.9 The Company may charge interest on sums which remain unpaid for more than 30 days, at the rate of 3% per annum above the Bank of England base rate from time to time, accruing daily from the date the sum fell due until payment.
15.10 Termination of this Agreement, whether by the Company or by the Customer, does not affect any liability accrued before termination, nor the Customer's liability under clause 15.6(c).
15.11 A Customer who anticipates difficulty in meeting the Charges is encouraged to contact the Company before arrears accrue. The Company will consider a reasonable alternative arrangement, which may include a revised payment date, a payment plan, or a temporary reduction in cover. The Company will not exercise its rights under clause 15.6 while an arrangement agreed under this clause is being observed.
16.1 The Company may vary the Charges on giving the Customer not less than 30 days' written notice.
16.2 Where the Customer does not wish to accept a variation under clause 16.1, the Customer may terminate this Agreement without charge by written notice given before the variation takes effect, notwithstanding clause 18.
17.1 This Agreement is for a Minimum Term of 18 months commencing on the Start Date, unless a different period is stated on the Plan Documents.
17.2 The Minimum Term is disclosed to the Customer before the Agreement is concluded and is recorded on the Plan Documents. The Charges are payable for the whole of the Minimum Term.
18.1 The Customer may cancel this Agreement within 28 days of the Start Date and receive a full refund, unless a Claim has been made during that period. Notice of cancellation must be given in writing to customerservice@appliancecoverdirect.com or by telephone to 0345 257 3519.
18.2 Where the Customer requests the performance of services during the period referred to in clause 18.1 and the Company performs them, the Customer acknowledges that the right to cancel is thereby lost in accordance with regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and this Agreement shall continue for the Minimum Term.
18.3 Save as provided in clauses 16.2 and 18.1, this Agreement may not be terminated by the Customer before the expiry of the Minimum Term, and the Charges remain payable for the remainder of that term.
18.4 Following expiry of the Minimum Term, the Customer may terminate this Agreement at any time on 30 days' written notice.
18.5 The Company does not refund Charges paid in respect of cover already provided.
18.6 Nothing in this clause 18 affects the Customer's rights in respect of any breach of this Agreement by the Company or any failure by the Company to perform its obligations with reasonable care and skill.
19.1 The Company may terminate this Agreement on 30 days' written notice.
19.2 The Company may terminate this Agreement with immediate effect where: (a) Charges remain outstanding; (b) the Customer has provided information which is materially false; (c) the Home or an appliance ceases to satisfy the conditions in clause 3; or (d) abusive or threatening conduct is directed towards the Company's staff or Engineers.
20.1 Cover applies to the Home identified on the Plan Documents. The Customer shall notify the Company as soon as reasonably practicable of any intended change of address.
20.2 The Company may agree to transfer this Agreement to a new address, subject to clause 3 and to the appliances at that property. Cover does not continue automatically at a new address.
21.1 Following the Minimum Term, this Agreement continues from month to month until terminated in accordance with clause 18 or clause 19.
21.2 Claim entitlements reset at the commencement of each Plan Year. Unused Claims do not carry forward.
22.1 Any fraudulent Claim or fraudulent conduct shall result in the immediate termination of this Agreement without refund and may be reported to the relevant authorities.
22.2 The Company may recover the cost of any work carried out in consequence of such conduct.
23.1 The Company is liable for loss or damage suffered by the Customer which is a foreseeable consequence of the Company's breach of this Agreement or of its failure to exercise reasonable care and skill.
23.2 The Company is not liable for loss or damage which is not foreseeable, nor for any loss of the kinds excluded by clause 10.1(k).
23.3 Nothing in this Agreement limits or excludes the Company's liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
24.1 Complaints should be addressed to the Company by telephone on 0345 257 3519 or by email to customerservice@appliancecoverdirect.com, stating the Customer's name, address and plan details.
24.2 The Company shall acknowledge a complaint within five working days and shall aim to resolve it within 28 days. Where resolution within that period is not possible, the Company shall write to the Customer explaining the position and the expected timescale.
25.1 The Company processes personal data in accordance with its Privacy Policy and with applicable data protection legislation.
25.2 The Customer's details are disclosed to Engineers only to the extent necessary for the performance of work at the Home.
26.1 The Company may amend these Conditions from time to time. Where an amendment materially affects the cover provided, the Company shall give the Customer not less than 30 days' written notice, and the Customer may terminate without charge if unwilling to accept it.
26.2 No amendment shall apply retrospectively to a Claim already made.
27.1 The Company shall not be liable for any delay in or failure of performance caused by an event beyond its reasonable control, including severe weather, industrial action, failure of public utilities and acts of government.
27.2 The Company shall notify the Customer as soon as reasonably practicable of any such event and shall perform its obligations once the event has ceased.
28.1 The Customer may not assign or transfer any of its rights under this Agreement without the Company's written consent.
28.2 If any provision of this Agreement is held to be unlawful or unenforceable, the remaining provisions continue in full force and effect.
28.3 No delay or failure by the Company in enforcing any provision of this Agreement constitutes a waiver of that provision.
28.4 This Agreement is between the Customer and the Company. No third party has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
29.1 This Agreement and any dispute arising out of or in connection with it are governed by the law of England and Wales.
29.2 The courts of England and Wales have exclusive jurisdiction, save that a Customer resident in Scotland or Northern Ireland may bring proceedings in the courts of that jurisdiction.
30.1 The Company may be contacted by telephone on 0345 257 3519 or by email at customerservice@appliancecoverdirect.com.
31.1 Appliance Cover Direct and Home Solutions are trading names of Easy Home Solutions Ltd. Home Solutions is the Company's appliance rental business, and the same customer service team acts for both.
This page sets out the Company's standard terms and conditions. The Quote and Plan Documents issued to the Customer record the matters agreed specifically with that Customer and, to the extent of any inconsistency, take precedence over this page.