GENERAL CONDITIONS OF THE IBERDROLA GAS COMFORT

GENERAL CONDITIONS OF THE IBERDROLA GAS COMFORT

1- PURPOSE
These are the Conditions in which IBERDROLA CLIENTES, S.A.U.
(hereinafter referred to as "IBERDROLA") shall provide the
Customer contract holder with the IBERDROLA GAS COMFORT
service, with the technical characteristics agreed to in the
Particular and Economic Conditions of the Contract.
The IBERDROLA GAS COMFORT service comprises two
complementary services, which are indivisible and cannot be
contracted separately, indicated in the Particular Conditions:
• Renovation of the gas equipment, whose scope is described
in section 1.1 of the General Conditions, and
• Yearly maintenance with full warranty, whose scope is
described in sections 1.2 and 1.3 of the General Conditions.
1.1. Gas equipment renovation. Renovation of the natural gas
boiler or heater, replacing it with a new, high-efficiency unit.
The new unit to be installed will be defined in the Economic
Conditions. The standard installation conditions included in the
service are described in section 1.5 of the General Conditions.
1.2. Yearly Maintenance Visit: Includes a scheduled annual
diagnostic inspection and maintenance for:
a) Individual gas receiving installation, performing the
following operations: seal test, pressure testing, inspection of
the ventilation of the premises, anchors, distance from other
ducts, knocks, flexible connections and faults on exposed
pipes.
b) Renovated gas equipment (boiler or water heater),
performing the following operations: verifying operation with
start-up, checking seals, analysing combustion by-products
and measuring ambient CO.
c) Hydraulic heating circuit (only for boilers): inspecting the
exposed circuit, checking watertightness, verifying valves,
bleeders and lockshield valves, and bleeding radiators if
necessary.
1.3. Service and repair of installation component faults or
breakdowns with the following scope:
1.3.1. Full warranty on the renovated gas unit, section
1.2.b of the General Conditions: Service and repair of
breakdowns with no travel expenses, including labour or
material needed for the repair throughout the duration of the
contract.
During the extension period and after the yearly maintenance
visit or breakdown service, should IBERDROLA detect that the
renovated gas equipment needs to be replaced, IBERDROLA
shall replace it free of charge with a new unit of IBERDROLA's
choice with similar features, in exchange for the Customer's
commitment to continue with the IBERDROLA GAS COMFORT
service for a period equal to the initial term of the contract as
set out in the Economic Conditions, from the gas unit
replacement date.
1.3.2. In individual gas-receiving installation and hydraulic
heating circuit, sections 1.2.a and 1.2.c of the General
Conditions: Service and repair of breakdowns with no travel
costs and with up to 3 hours of labour and €50 in material
needed for the repair.
Coverage of service and breakdown repair at the installation is
limited to a maximum of two repairs a year. If the Customer
requests another repair after having made two repairs, the
Customer will be billed in full according to the provided
estimate, with no entitlement to discount of any sort for labour
or materials. In any case, travel will be free of charge.
1.4. Exclusions
The scope of the IBERDROLA GAS COMFORT excludes:
- Any inspection, assistance or repair undertaken by persons
unrelated to IBERDROLA and any damage they could cause.
- Breakdowns in elements belonging to electricity or gas
distribution utilities, who are liable for their repair.
- The installation of elements not supplied by IBERDROLA or
IBERDROLA-certified technicians for the provision of the
service.
- Thermostats, control systems or other external elements to
gas devices that are not mentioned in section 1.2.
- The correction of defects or breakdowns that are the result of
a defective gas installation and/or any substantial change or
modification made to the installation and/or gas equipment,
whenever such changes or modifications have not been made
by IBERDROLA.
- The repair of defects or breakdowns arising from negligent,
improper or malicious use by the Customer of the installations
1.5. Standard gas equipment installation conditions
(boiler/water heater)
1.5.1 IBERDROLA shall coordinate with the Customer the date
for installing the gas equipment covered by this contract,
conditional upon the availability of equipment and material.
1.5.2 The standard installation associated with the gas
equipment renovation service includes:
• Removing and recycling the old gas system.
• Placing the new boiler or heater at the same location as the
replaced unit.
• Hoses and small material for connecting the home's
domestic hot water circuits (for boiler and heater) and heating
(only for boiler) to the new boiler or heater.
• Electrical connection for the new boiler or heater. If there is
not outlet available, outlet installation using a power strip up
to four metres long.
• Replacement of the fume extraction flue on the façade
(maximum two metres of tube and one 45º or 90º elbow)
through the flue with a concentric inner tube, provided that
an atmospheric heater or boiler is replaced with a watertight
one and their is no collective exhaust shaft for watertight
boilers or heaters.
• For condensation boilers: installation of a condensation
drainage tube (when the old boiler is not a condensation
boiler and the new one is) to the nearest exhaust point (no
longer than two metres).
explaining the anomalies that were detected and the corrective
actions that are proposed/carried out. The report must be
received by the Customer, and a signed copy returned to
IBERDROLA as proof of receipt.
- There will be a minimum six-month warranty on all repairs,
effective from the repair completion date.
- The Customer is not authorised to repair, uninstall, transport
or handle in any way the gas equipment covered by this
contract, except for its normal operation, according to the
manual provided by the manufacturer and the
recommendations received from IBERDROLA. IBERDROLA shall
not be held liable for any kind of breakdowns or damage caused
by improper operation by the Customer.
- The IBERDROLA GAS COMFORT service covers the installations
and equipment located in the home indicated in the Specific
Conditions, such that if the Customer moves to another home,
the contract cannot be transferred, but it can be passed on to
the new occupant, subject to IBERDROLA's acceptance.
- The visits considered as part of this service do not exempt or
replace execution of the periodic inspections that must be done
by the gas distribution company in accordance with Royal
Decree 919/2006.
- IBERDROLA will attend to the breakdowns in the installations
and equipment included within the scope within a maximum
term of 2 business days (considered to be Monday through
Friday, from 8 am to 8 pm, with the exception of national
holidays) from the date of the annual maintenance visit or
receipt of notice for the Customer.
- IBERDROLA shall only be liable for fulfilling the obligations
assumed under this contract, for the work and installations
referred to herein, without assuming any other liability or
guaranteeing the installations, work, repairs, etc. at installations
other than ones specified. Moreover, IBERDROLA shall not be
liable for any work, maintenance tasks, etc. performed on the
Customer's gas installation or equipment covered by the
IBERDROLA GAS COMFORT service without its express
authorisation.
- Should IBERDROLA be unable to guarantee the provision of
the service for reasons beyond its control, including but not
limited to: hazards in the area, any kind of assault on
IBERDROLA technical staff, insalubrious conditions in the home,
the Customer's repeated refusal to seal an installation when
required to do so or to receive the annual maintenance visit,
etc., IBERDROLA reserves the right to terminate this contract.
- IBERDROLA may request the Customer's voluntary
participation when undertaking internal quality controls, which
are always conducted by duly certified personnel.
• Gas equipment start-up.
- The termination of the IBERDROLA natural gas supply
contract does not automatically entail the termination of the
IBERDROLA GAS COMFORT Contract, hence the Customer
should, when pertinent, expressly request cancellation of the
latter.
1.5.3. The standard installation excludes the following tasks:
3. LIABILITY AND EXCLUSIONS
- Wall bushings or new outlets for fume exhaust through the
flue.
3.1 IBERDROLA will only be liable for the correct execution of
the work contemplated in this contract. Specifically, it shall not
be liable for:
• Connecting the existing room thermostat (only for boiler).
- Installation or modification of the individual receiving
installation, meter or internal water/gas pipes.
- Any work requiring additional elements for the installation,
such as frames, cranes and scaffolding.
- Replacement of the fume extraction flue leading to the roof
(if there is no collective flue for watertight boilers).
- Moving heating and/or cold or hot water connections due to
relocation of the heater/boiler equipment.
- Issuing the gas installation certificate.
- In general, any task or material not expressly included in
section 1.5.2 of the General Conditions.
2. SERVICE PROVISION CONDITIONS:
- Personal injury or material damage resulting from improper
use or upkeep by the Customer.
- Damage caused to any element or its operation unless it is
the cause of such damage.
- Injury to third parties caused by the covered elements.
- Acts of God and force majeure.
3.2 The parties hereto agree that circumstances of force
majeure and accidents shall exonerate them from liability.
4. SERVICE PRICE
IBERDROLA shall provide the IBERDROLA GAS COMFORT service
in accordance with the following conditions:
4.1 The price of the IBERDROLA GAS COMFORT will be
established in the Economic Conditions for each of its two
constituent services.
- Ownership of the gas equipment (boiler or water heater) will
be passed on to the Customer once the Customer has accepted
the supply and installation work performed.
5. SERVICE BILLING
- Yearly maintenance visits will adapt to IBERDROLA procedures
and follow the routes and schedules defined by IBERDROLA,
which shall be coordinated with the Customer sufficiently in
advance.
- The Customer must allow IBERDROLA service personnel to
perform the work necessary for furnishing the IBERDROLA GAS
COMFORT service. In particular, but not restricted thereto, the
Customer must allow the replacement of the gas equipment
(boiler or water heater), grant access to the installations and
equipment contemplated by this service in addition to provide
IBERDROLA with updated contact data at all times for the
necessary installation, replacement and maintenance
operations. Failure by the Customer to comply with this
condition may result in the termination of the contract.
- The Customer shall be provided with the corresponding visit
report or breakdown correction report, as applicable,
5.1 Gas Equipment Renovation Service Billing. It will be billed
at the start of the Contract and the amount will be reflected in
the Economic Conditions according to the selected payment
option [Single Fee (A.1.) or the result of multiplying the monthly
rate by the number of months of the initial effective term of the
Contract (A.2.)].
5.2 Billing of the yearly maintenance service with full warranty.
Billing will be monthly. The amount is defined in the Economic
Conditions as the Fixed Monthly Rate (B.1.).
5.3 When the Contract is extended, the Customer will only be
billed for the Yearly Maintenance Service with full warranty.
5.4 E-billing: Customers who have expressed the wish to
receive e-bills may download them from the Online Customer
Office at www.iberdrola.com once they have received an e-mail
at the address provided by them notifying them that the bill is
available.
Customers may log in to the Online Customer Office using the
user name and password provided to them by IBERDROLA,
CCGG-GCI-2015-01
GENERAL CONDITIONS
OF THE IBERDROLA
GAS COMFORT SERVICE
mentioned in section 1.2 of the General Conditions.
- Elements, appliances and/or parts of the installation that are
not visible and/or not accessible because they are obstructed or
covered by furniture, structure of the premises or other objects,
including equipment installed outside the home or premises
that, due to their placement, are rendered inaccessible or have
no appropriate outlets/inlets available to perform the
described tests.
- The replacement or improvement of the elements referred to
in this contract, except as set out in section 1.1 of the General
Conditions, even if caused by changes or amendments in the
applicable legislation.
- Also excluded is damage caused by elements covered in the
contract or due to their lack of operation, personal injury or
material damage caused by misuse or poor upkeep, injury to
third parties, damage caused to the elements due to freezing,
fire, explosions, floods or other disasters.
- IBERDROLA shall not be liable for delays or impediments in
the execution of the services in the event of strikes, riots,
serious weather events and other events of force majeure.
- Payment of the regular inspections performed by the gas
distribution company in accordance with Royal Decree
919/2006..
6. - SERVICE PAYMENT
6.1 Payment shall be made according to the option selected in
the Particular and Economic Conditions.
6.2 The Customer shall pay IBERDROLA for the Gas Equipment
Renovation service according to the option selected in the
Particular Conditions.
Only customers holding a gas supply contract with IBERDROLA
may opt for monthly instalment payment for the gas
equipment (fee A.2) at the same supply point during the valid
term of this Contract. Should the gas contract be cancelled,
IBERDROLA reserves the right to collect outstanding amounts.
Moreover, upon termination of the IBERDROLA GAS COMFORT
service, the Customer shall settle any payments due for the Gas
Equipment Renovation service in a single payment.
6.3 The Customer shall pay IBERDROLA for the Yearly
Maintenance service with full warranty in the monthly
instalments defined in the Economic Conditions for the valid
duration of the Contract through direct debit to the bank
account specified by the Customer.
6.4 Late payment: Any Customer in arrears on all or part of
the payments due shall incur, without the need for prior notice,
annual late-payment interest equal to the legal interest rate,
plus two (2) percentage points based on the day following the
scheduled date of payment.
Notwithstanding the foregoing, in the event of non-payment
and provided that the requirements set out in Royal Decree
1720/2007 are met, IBERDROLA may communicate the incident
to the monetary obligation compliance information services
after having requested payment from the Customer, in
accordance with condition 11a.
6.5 Service discontinuance: IBERDROLA may discontinue the
service provided to the Customer if, after the deadline for
payment has elapsed and after IBERDROLA has given the
Customer prior notice in writing, full payment of past-due bills
has not been made.
The exercise by IBERDROLA of its right to interrupt the service
does not relieve the Customer of the obligation to pay the
amount of the outstanding billing as established under the
Contract.
6.6 Rescission: If the service is discontinued, IBERDROLA may
terminate the contract without further formality after
communicating its decision to the Customer. IBERDROLA shall
not sign any new contracts with the Customer in question until
all payments owed have been made, including late-payment
interest accrued.
6.7 Allocation of payments: The customer must first pay the
late-payment interest and any other expenses owed before
paying the principal amount.
If the Customer has other supplies contracted with IBERDROLA
and makes partial payments, the Customer shall be entitled to
specify to which of the debts the payment should be allocated,
in the terms specified in the Spanish Civil Code. If the Customer
does not exercise this right, once the interest and expenses
have been covered, the payments shall be allocated to the
longest outstanding bills for any supply or service provided by
IBERDROLA.
7. DURATION
7.1 The contract shall come into force on the date on which it
is signed and shall be valid for the term specified in the
Economic Conditions.
7.2 The contract shall automatically extend for annual periods
if neither party informs the other in writing of their wish to
terminate the contract at least fifteen (15) calendar days before
the expiry date of the contract or any extension thereof.
7.3 Notwithstanding the foregoing, the effectiveness of this
contract shall be subject to verification of the Customer’s
solvency.
8. TERMINATION
This contract will be terminated at the end of its term; by
mutual agreement of the parties; for breach of contract,
especially in the event of non-payment of any amount owed
under this contract; and by the Customer's waiver provided
notice is given to IBERDROLA by any means that enables a
record of receipt to be kept thereof, notwithstanding the
compensation obligations set forth in the following points.
8.1 On early termination of the IBERDROLA GAS COMFORT
service due to the Customer's waiver or non-compliance, the
Customer will be called upon to pay IBERDROLA a single
payment of the fees for the yearly maintenance service with full
warranty for the entire current year, which shall entail the loss
of the right to receive all the associated discounts, allowances
or benefits applied by IBERDROLA during that period, whose
amount shall be invoiced to the Customer.
If the Customer has opted to pay monthly instalments for the
Gas Equipment Renovation service, the Customer shall pay for
the outstanding instalments in one single payment at the time
of termination.
Upon an early termination during the long-term commitment
period associated with the replacement of the renovated gas
equipment, section 1.3.1 of the General Conditions, the
Customer shall also be required to pay in cash for the new gas
equipment, the amount of which will be reflected in the
long-term commitment.
8.2 If the contract is terminated by reason of non-payment,
the Customer shall pay IBERDROLA the outstanding amounts
and any agreed late-payment interest, as well as the amounts
set forth in the above section.
9. SUBROGATION AND ASSIGNMENT
9.1 The Customer may subrogate the rights and obligations
under the contract by informing IBERDROLA of the change of
holder in a verifiable manner, though the change shall be
conditional on IBERDROLA's acceptance of the new owner and
upon settlement of all outstanding payments. This notification
must contain the new Customer’s consent, stating their
personal details and registered address for receiving bills, the
tax identification number and the direct debit information.
9.2 IBERDROLA may assign this contract to any investee,
related or successor company pertaining to Grupo Iberdrola
España that can fulfil performance hereof in identical
conditions by simply notifying the Customer thereof.
10. REMOTE CONTRACTING
10.1 The parties hereto agree that all matters concerning the
performance of the contract, including the serving of notices,
and the contracting of other products and services that
IBERDROLA may offer the Customer, may be effected by
telephone or online using the identification and security
password systems provided by IBERDROLA.
10.2 The parties hereto agree to grant full legal validity to the
consent given by the Customer by means of the passwords
and/or codes provided by IBERDROLA in the terms indicated for
their use in such a way as to make it possible to personally
identify the Customer.
11. PROCESSING OF PERSONAL DATA FOR HANDLING THE
CUSTOMER’S
CONTRACTUAL
RELATIONSHIP
WITH
IBERDROLA
11.1 Data provided by the Customer when entering into or
during the valid term of the Contract will be entered onto the
customer file, for which the proprietor and liable party is
IBERDROLA CLIENTES, S.A.U., with Tax ID. A-95758389 and
registered address at Plaza Euskadi, 5, 48009 Bilbao, guaranteeing their security and confidentiality; the purpose thereof is to
manage the contractual relations in accordance with the
Spanish Personal Data Protection Act (Law 15/1999) (hereinafter
referred to as the LOPD). The Customer is liable for the
truthfulness of the data provided and must request modification thereof whenever necessary to ensure the proper
provision of the contracted services and correspondence.
11.2 If there is any need to disclose personal data of persons
other than the contract holder for any processing regarding the
management of the Contract, the Customer should previously
and expressly notify them of the content of this clause and
obtain their prior consent as stipulated in article 5.4 of the LOPD.
11.3 IBERDROLA may check records regarding non-fulfilment
of financial obligations with a view to ascertaining the
Customer's economic solvency and decide, where pertinent,
that the Contract will not become effective or that validity will
be contingent upon a payment guarantee. However, IBERDROLA shall always give the Customer the opportunity to make any
representations they consider relevant in order to defend their
rights or interests. In case of payment default, IBERDROLA may
notify the credit reporting agencies of incidents of non-payment in accordance with Royal Decree 1720/2007.
11.4 Customers may exercises their rights to access, rectify,
oppose and cancel their personal data in writing by addressing
IBERDROLA CLIENTES, S.A.U. - Oficina del Cliente, Apartado de
Correos No. 1732, 28080 Madrid, or through any of the channels
made available by IBERDROLA: Customer Service telephone
number 900 225 235, e-mail: [email protected], as well as at any IBERDROLA Customer Service Point,
providing their name and address and presenting documentary
proof of their identity.
12. PROCESSING OF PERSONAL DATA FOR SENDING COMMERCIAL COMMUNICATIONS
12.1 Data provided by the Customer when entering into or
during the valid term of the Contract will be entered onto the
potential customer file, for which the proprietor and liable party
is IBERDROLA CLIENTES, S.A.U., with Tax ID. A-95758389 and
registered address at Plaza Euskadi 5, 48009 Bilbao, for the
purpose of offering in a segmented and personalised manner,
information on its own and third-party products and services
promoted by IBERDROLA related to the energy, telecommunications, financial field for home and leisure. Customer who wish
not to have their information processed for such purposes, may
indicate this by ticking the box provided for this purpose in the
Commercial Communications section of the Particular
Conditions.
12.2 The Customer is hereby informed and consents to receive
publicity from IBERDROLA with the content indicated in the
condition above through the electronic channels provided to
us. If you do not wish to receive publicity by electronic means,
please indicate your choice by ticking the box in the Commercial Communications section in the Particular Conditions.
12.3 Customers may revoke their consent to have publicity
sent by electronic and/or conventional means by writing to the
Customer Service Office at Oficina del Cliente, Apartado de
Correos No. 1732, 28080 Madrid, Spain, stating their personal
identification details and registered address, or by using any of
the channels made available to them by IBERDROLA: Customer
Service telephone number 900 225 235, e-mail: [email protected], or at any of our Customer Service Points.
13. MODIFICATION OF THE CONTRACT’S CONDITIONS
13.1 IBERDROLA shall provide advance notice of any
amendment to the Contract Conditions at least fifteen (15) days
before it becomes effective, notifying the Customer, who may
terminate the Contract with no penalty whatsoever if the
Customer does not agree with the amendment, unless it was
made as a consequence of an applicable legislative amendment
or decision handed down from public or judicial authorities.
14. RIGHT OF DISCONTINUANCE
14.1 The Customer may opt out of (discontinue) this Contract
with no need for justification and no penalty whatsoever within
fourteen (14) calendar days from the Contract execution date
when done via telephone, internet or at the customer's home;
and so long as the customer is considered to be a consumer and
user. Contracts associated with a marketing, business, trade or
professional activity are excluded. This can be done by sending
the supplied Discontinuance Document, via the Customer
Support telephone number 900 22 45 22 or any other means
indicating the decision to terminate the Contract.
14.2 Should the Customer exercise the right to discontinuance
after accepting the installation at their home of the gas
equipment covered by this contract, they will be required to pay
the amount of the service already provided at the time of their
notice of the discontinuance in proportion to the total amount
set out in the contract.
Further, if the right to discontinuance is exercised after the gas
equipment installation has been completed or started, the
minimum amount that the Customer must pay IBERDROLA shall
correspond to the sum of the price of the system as listed in the
Economic Conditions as the Single Fee (A.1.) and the cost of
installing/removing it.
15. CLAIMS, APPLICABLE LEGISLATION AND JURISDICTION
15.1 The Customer may make claims regarding the Contract:
• in writing addressed to IBERDROLA CLIENTES, S.A.U., Apartado
de Correos No. 61090 - 28080 Madrid;
•via the Claims Service telephone number 900 22 45 22;
• or by e-mail: [email protected];
• through www.iberdrola.es/clientes; or
• at any Customer Service Points.
15.2 If no notice of the status of the complaint is given after
ONE (1) MONTH or should the customer disagree with the
decision taken thereon, the Customer may refer the complaint
to the Consumer Arbitration Boards in the corresponding
Autonomous Regions; matters concerning IBERDROLA via said
arbitration can be viewed at www.iberdrola.es/clientes.
15.3 Should the Customer opt not to refer the complaint to the
Consumer Arbitration Board, or when the complaint lies outside
the Board's jurisdiction, the matter be brought to the courts in
the area where the supply or service is furnished.
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subject to the terms of use available from the Office.