Boiler Replacement Information & Frequently Asked Questions
1. These terms and frequently asked questions
1.1 What these FAQ’s & terms cover.
These are some of the terms, conditions, and FAQ’s you may have regarding this Employee Benefit and supply products to you, whether these are goods or services. You are voluntarily entering into an Agreement with your employer to amend your Terms of Employment to reduce your salary in return for this non-cash Benefit you wish to have.
1.2 Why you should read them.
Please read these carefully before you ask your employer to approve and submit your order to us. This document tells you who we are, how we will provide products to you, how you and we may change the contract, what to do if there is a problem and other important information. If you think that there is a mistake in this document or require any changes, please contact us to discuss.
1.3 How does salary savings work
A salary savings programme is where an employee gives up the right to receive part of their cash pay due under their contract of employment. With all the Benefit programs offered the employee agrees to a reduction of their salary for an agreed number of pay periods in return for the employer providing a device or services for personal use. Each pay period Gross Salary reduction will be made direct from salary through Payroll, starting the month following the submission of your employer approved order to us. Because this is a Payroll Benefit, there are no credit checks or credit approvals required to partake in this Employee Benefit.
For the Gross Salary you reduce, National Insurance Contributions (13.25% Std. rate) and where applicable, Pension Contributions (Typical Av. 9.6%) are not due by you and are payroll savings of 22.85% for you at this time. This saving is based on the current NI Contribution rate which is set by the Treasury and maybe subject to change during your Benefit Term.
1.4 Am I eligible to take part in these programs
Eligible employees are permanent employees and employees on a fixed term contract for a period of at least the length of the benefit term and are paid through the Trust payroll.
You are eligible if you meet all the criteria below:
You are paid by the Trust through the Trust payroll; and
You are at least 18 years old; and
You are paid above National Living Wage after you have reduced your salary
1.5. Information regarding the effects on NHS Pension
The fact that your contractual pay is being reduced means that your level of NHS pension contribution you pay will be reduced.
The April 2015 new national NHS pension scheme your pensionable benefit will be 1/54th of your reckonable pay for each year of your membership. Further it will be based on career average earnings, rather than final salary. Your participation in a salary savings program may affect your NHS pension, as salary savings reduce the basic salary that your pension is based on. The Trust and its officers do not give pension advice.
You are strongly advised to consider the impact of the reduced salary due to salary savings and seek independent financial advice if you are unsure about the potential impact. Although the effect on your pension may be small, you should take advice regarding the individual effect before proceeding.
Further information can be obtained from:
http://www.nhsbsa.nhs.uk/4017.aspx
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339746/NHS_Pension_Scheme.pdf
1.6 Does the reduction of my salary make a difference to any other benefits
The adjustment of your salary will have no effect on salary-related payments such as overtime and shift. These payments are based on your total remuneration, i.e. revised gross salary plus the value of the Voluntary Employee Benefit. Statutory benefits are calculated on your salary less the money you have paid for your product(s). Your lower rate statutory benefit may remain unaffected. Statutory benefits such as sick pay and job seekers allowance are unlikely to be affected as long as your earnings do not fall below the lower earnings limit for National Insurance contribution purposes.
1.7 What is the P11D value of these products
The P11D value for Income Tax purposes is 100% of the total annual value of the products you have ordered. So, for a £1,500 spend, spread over three years, your salary will be reduced by £500.00 each year and you will pay tax on this £500 per annum for each of the three years.
National Insurance Contributions (13.25% Std. rate) and where applicable, Pension Contributions (Av. 9.6%) are not due by you on this Benefit and are therefore payroll savings for you of typically 22.85% currently.
1.8. What happens if I go on maternity, paternity or agreed unpaid leave
If you take any unpaid leave for any reason during the term of the Agreement, then your payments will be suspended for the period of such unpaid leave. On your return, we will recommence the payments to cover the period of unpaid leave and extend the Benefit term accordingly.
1.9 Will this program be offered again?
The program will be reviewed on an on-going basis, but it cannot be guaranteed that it will be run again in the future.
2. Information about us and how to contact us
2.1 Who we are.
We are Liaison Onecall Ltd, and we are the Employee Benefit Provider for your employer. We can be contacted regarding this Employee Benefit at support@1callbenefits.com. Vaillant Group UK Limited will supply the installation service to approved eligible employees on behalf of your employer.
2.2 How to contact Vaillant Group Ltd.
You can contact Vaillant by telephoning their customer service team on 0330 100 3539 or by writing to us at Boilerreplacement@vaillant.com or at Boiler Replacement Team, Vaillant Group Ltd, Nottingham Road, Belper, Derbyshire DE56 1JT.
2.3 How Vaillant will contact you.
Vaillant will contact you by telephone or by writing to you at the email address or postal address you provided to Liaison Onecall when applying for this Employee Benefit.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Your Quotation:
Vaillant will survey your property and then send you a quotation. This will be valid for three months unless it states a different period. If you are happy with the quotation and you contact us to let us know, this contact along with your signed Benefit Agreement between you and your employer will be your order for the products referred to in the quotation.
3.2 How we will accept your order.
Your employer is also required to approve your quotation amount. The acceptance of your order will take place once you are approved by your employer, you have signed your Benefit Agreement (which amends your Terms & Conditions of Employment) and when we call or write to you to accept it, at which point a contract will come into existence between you, your employer and Vaillant.
3.3 If we cannot accept your order.
If we are unable to accept your order for any reason, we will inform you of this.
3.4 Your Vaillant order number.
We will assign an order number to your order and tell you what it is. It will help us, if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK.
Unfortunately, we do not accept orders from or deliver to addresses outside of England, Scotland, and Wales.
4. Our products
4.1 Products may vary slightly from their pictures.
The images of the products on our website or in our brochure(s) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or a picture in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website or in our brochure(s).
5. Our rights to make changes
5.1 Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
These changes will not affect your use of the product.
6. Providing the products
6.1 Delivery costs.
The costs of delivery will be included in the price we have quoted unless we have notified you otherwise.
6.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. If the products need to be installed, we or an installer working on our behalf, will agree an installation date with you.
6.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
6.4 If you do not allow us access to provide services.
If you do not allow us or anyone working on our behalf (such as an installer) access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.5 Your legal rights if we deliver goods late.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
6.6 Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under clause 6.5, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have been reduced through your Salary. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0330 100 3539 or email us at Boilerreplacement@vaillant.com for a return label or to arrange collection.
6.7 When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.8 When you own goods.
You own a product which is goods once it has been approved by your employer and delivered to you.
6.9 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you. If so, you will have been told about this over the telephone or in writing or it will have been stated on our website or a brochure. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6.10 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.11 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks.
7. Your rights to end the contract
7.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
(d) You cannot end the Contract after your Employer has reduced your Salary and received your Benefit Agreement with your Change of Employment Terms
7.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and if it is before your employer has received your Benefit Agreement to reduce your salary. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days from the date your Benefit is confirmed. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running; or
(b) any products which become mixed inseparably with other items after their delivery such as a boiler or part of a boiler which has been installed.
or
(c) When your salary reduction have commenced.
7.5 How long do I have to change my mind?
How long you have depends on what you have requested and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have hanged your mind.
(b) Have you ordered goods?, if so you have 14 days after the day we have confirmed the order to you
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0330 100 3539 or email us at boilerreplacement@vaillant.com. Please provide details of what you bought, when you ordered or received it and your name and address.
(b) By post. Complete the cancellation form we send with your other paperwork and post it to us at the address on the form. Or simply write to us at Boiler Replacement Team, Vaillant Group, Nottingham Road, Belper, Derbyshire DE56 1JT, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to us, or post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 03301003539 or email us at Boilerreplacement @vaillant.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
(c) when we are collecting the goods because they are not suitable for posting. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9. Our rights to end the contract
9.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1 we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
10.1 Your warranty.
Each of our products comes with a warranty and the length of that warranty and its terms will be provided to you in writing. Nothing in these terms affects your warranty and, where there is any difference between these terms and your warranty the provisions of your warranty shall apply which includes the requirement that your Boiler is serviced annually.
10.2 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0330 100 3539 or write to us at boilerreplacement@vaillant.com.
10.3 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights or the provisions of any warranty or guarantee that we have provided with the product.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund through your Payroll of any Salary reduced,
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund of salary reductions, in most cases.
up to six years: if your goods do not last a reasonable length of time, you may be entitled to some compensation. See also clause 7.3.
If your product is services, for example, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 7.3.
10.4 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products, you must either return them
in person to us, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0330 100 3539 or email or write to us at
Boilerreplacement@vaillant.com for a return label or to arrange collection.
11. Price and payment
11.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price as told to you over the telephone, set out in our brochure, on our website or told to you in writing in the form of an Employee Benefit Agreement between you and your employer. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product,
we will adjust the rate of VAT that you pay, unless you have already started your salary reductions with your employer for the product before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay.
Upon completion of your installation, we will receive payment from your Employer. Your employer will then, as agreed with you reduce your Salary in exchange for this non-cash Benefit. Should you require any additional services from us, we accept payment with all major debit and credit cards, by cheque or bank transfer should you wish to purchase additional services from Vaillant. You may also be eligible to apply for credit to pay for the products (in which case see clause 11.5). When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them and payment will be taken at the point that you place your order.
(b) For services, you must pay for the services before we perform them and payment will be taken at the point that you place your order.
11.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know.
12. Our responsibility for loss or damage suffered by you
12.1 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, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any
commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy https://www.vaillant.co.uk/about-vaillant/tx-terms-1895124.html.
14. Other important terms
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer our guarantee to a person who has acquired the product (for example if the product is a boiler which is installed in your house and someone buys your house) or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you, us and your employer. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in
respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.