Legal Items

Pro Checkup Service for Boiler Systems Terms and Conditions

Pro Checkup Service for Boiler Systems Terms and Conditions

The following Terms and Conditions (“Pro Checkup Service Terms”) apply to the Pro Checkup Service (“Pro Checkup Service”) made available by Nest Labs (Europe) Limited (“Nest”) in the United Kingdom.

THE PRO CHECKUP SERVICE WILL BE PERFORMED BY AN INDEPENDENT PROFESSIONAL ENGINEER (THE “ENGINEER”) CONNECTED TO YOU THROUGH HOMESERVE MEMBERSHIP LIMITED (“HOMESERVE”), AN INDEPENDENT COMPANY THAT IS NOT AFFILIATED WITH NEST. NEST WILL NOT PERFORM THE PRO CHECKUP SERVICES. THE ENGINEER CONNECTED TO YOU THROUGH HOMESERVE IS NOT AN EMPLOYEE, SUBCONTRACTOR OR AGENT OF NEST. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEST ASSUMES NO LIABILITY FOR THE ACTIONS, INACTIONS OR ANY WRONGDOING OF HOMESERVE OR THE ENGINEER.

  1. Scheduling and Cancellation. Pro Checkup Service appointments may be scheduled to take place only 8 AM - 6 PM from Monday to Sunday, subject to the availability of an Engineer. You may be asked to select your preferred time slot(s) for the Pro Checkup Service, but appointment times may vary or be unavailable. You will receive an email after booking your appointment to confirm the date and time of your Pro Checkup Service. If you want to rebook your Pro Checkup Service date or time after confirmation, or cancel your Pro Checkup Service, you must call HomeServe at 0330 0247 044.

  2. Your Responsibilities. You must ensure that you have all necessary permissions and consents before any work is done on your heating system and property, including but not limited to the permission of a landlord or property owner, as applicable. HomeServe and the Engineer reserves the right to review and confirm all necessary permissions and consents before carrying out any Pro Checkup Service. Neither Nest, HomeServe nor the Engineer will be liable for your failure to obtain any necessary permission or consent.

  3. Requirements. The Pro Checkup Service is only available for customers with eligible standard boiler systems.

  4. What’s included in the Pro Checkup Service:

    • Assessment of the functioning of the thermostat and whether the thermostat has malfunctioned.
    • Inspections. Engineer will:

      a) Check the general operation of your boiler including performing a visual assessment for any water leaks, damage or any defects and ensuring that equipment has been installed in line with the manufacturers’ instructions

      b) Complete all mandatory checks as per the gas regulation (26/9 checks). In addition, preliminary electrical checks will be carried out followed by a methodical approach to fault finding across your boiler and wider heating system (this shall involve internal review of boiler components); and

      c) Check your Nest Thermostat setup and operation.

  5. What’s not included in the Pro Checkup Service:

    Pro Checkup Service does not include any service that is not explicitly referred to in Section 4 of these Pro Checkup Service Terms. For example, boiler system servicing or boiler system repair is not included as part of the Pro Checkup Service. REVIEW THE SERVICE ORDER PROVIDED TO YOU BY THE ENGINEER, AND CONFIRM AND AGREE TO ANY ADDITIONAL SERVICES REQUIRED OR ANY ADDITIONAL COSTS OR FEES, BEFORE THE ENGINEER BEGINS WORK. If you would like to have additional heating work completed, you can discuss this with the ENGINEER/HomeServe On Call Contact Centre, who may give you a quote and bill you directly for any separate work that is agreed.

  6. Limitations: Nothing in these Pro Checkup Service Terms and in particular within this section shall attempt to exclude or limit liability that cannot be excluded under applicable law.

  7. The Technician will gather information about your HVAC system and relevant issues found and/or fixed to be provided to Nest.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (A) NEST BE LIABLE FOR ANY DAMAGES, INCLUDING ANY PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE Pro Checkup Services; (B) NEST BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY PROPERTY DAMAGE OR DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE Pro Checkup Services, EVEN IF NEST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) NEST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE Pro Checkup Services, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED £1,000. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NEST DISCLAIMS ALL LIABILITY OF ANY KIND OF NEST’S LICENSORS AND SUPPLIERS.

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  8. These Pro Checkup Service Terms are in addition to any terms and conditions provided to you by HomeServe and/or the Engineer.

  9. Data Protection. In order to provide you with the Pro Checkup Service, both Nest and HomeServe need to process certain information about you such as your name, contact details, address and information about your Nest Thermostat. Both Nest and HomeServe will jointly control this personal information, and the parties have arrangements in place intended to ensure your personal information is only used in accordance with applicable data protection law. For more information about how Nest processes your personal information, please see Nest’s Privacy Statement at nest.com/uk/privacy-statement. For information about how HomeServe processes your personal information, you can access HomeServe’s Privacy Notice here.

  10. These Pro Checkup Service Terms are governed by the laws of England and Wales. You agree to submit to the jurisdiction of the English courts for the purpose of litigating all claims or disputes relating to the same.