Kohler Mira (Rada) COMMERCIAL SERVICE VISIT Terms and Conditions of Service
Your agreement to book a Service Visit with us is an offer to purchase product servicing from Kohler Mira Ltd (including Kohler UK, Rada and Mira Showers) subject to these conditions and accordingly a contract is formed at such time.
Our Nationwide team of service technicians are fully trained to service or repair your product during the course of its working life. All of our technicians carry identity cards and are routinely CRB checked. Kohler Mira Ltd are both Constructionline and SafeContractor accredited, technicians hold CSCS and receive external CITB accredited health & safety training.
You must confirm at time of booking that you are authorised to request a repair to the product(s) and will fully accept liability for any charge incurred if the visit is not covered under the terms of our guarantee. We do require a Purchase Order number to cover any applicable labour and parts charges therefore please advise our service agent of the Purchase Order Number for reference on correspondence and invoices. The Purchase Order should indicate the agreed price and quantity for the product or service being provided or indicate a maximum value to which the invoice can be raised plus the invoicing address and email. You should contact your Finance Department for a Purchase Order number. Immediate payment is required except where agreed terms apply in respect of an account being held with Kohler Mira Ltd.
We cannot accept requests for visits where you have not accepted the possibility of charges.
We will require confirmation that the product(s) can be isolated from applicable supplies, that the technician can park legally in the location (in case of permit parking that this must be made available to the technician) and that the site representative is over 18 and will be present for the duration of the visit.
Products installed on systems where supply conditions do not meet recommended criteria cannot be guaranteed to operate correctly within the specification applicable. If supply conditions do fall outside the recommended criteria, then the relevant information will be recorded and reported on the service report form. The service report will be sent to you following the completion of the visit. We recommend that the site conditions are checked prior to the visit to ensure they are suitable for the product(s) installed.
Completion of any servicing and or testing of any individual unit is dependent on installation criteria and site conditions meeting the requirements as recommended in the product installation guide. Where installation criteria and/or site conditions do not meet the recommended requirements, the required work may not be able to be undertaken. Any product, site or installation issue identified will be recorded and reported to site or the designated contact.
Where disinfection cycles have been requested (for Rada digital units), successful completion of the cycle will be dependent on the hot water supply on the mixing valve meeting minimum requirements as stated in the installation user guide for the product. Pass or failure of the cycle will be indicated on the service report.
Abortive call charges (of £83.50) will apply in respect of any service visit made where; the site is not ready to receive delivery of the services booked and ordered, where system supply issues prevent the carrying out of those agreed services or where installation of products has not been carried out in accordance to installation instructions.
Our product Installation and User Guides and website can provide additional information in respect of ongoing adherence to guidelines for TMV3 and TMV2 certified valves.
It is the responsibility of the customer to have appropriate water filtration and bacteria control measures in place on their systems at all times. Kohler Mira cannot be responsible for the presence of such contamination (including, but not limited to legionella and pseudomonas) in the water supply or any product (including showers, mixing valves, taps and shower fittings). The monitoring and disinfection of systems remains the responsibility of the customer irrespective of any work undertaken by Kohler Mira. We are not able to carry out any disinfection of the water system or rectify any site, system related contamination or installation issue. No responsibility can be taken by Kohler Mira for a product fault or situation arising from the failure by the customer to maintain the water supply system in line with industry best practice and legislation.
You may cancel the contract within seven working days from the date the contract is formed, provided that our technician has not already attended site at the time of cancellation, by notifying us by telephone on 0344 571 1777 (option 2)* or email email@example.com.
If our technician is unable to access the requested site on the agreed date, please contact us as soon as is reasonably practicable (and in any such event before 12 noon on the day preceding the agreed visit date) to arrange an alternative date for provision of the service. If you do not inform us or inform us after this time, we reserve the right to charge a 'Cancellation Charge' currently £83.50.
We will use all reasonable endeavours to ensure that a technician attends the requested service visit on the agreed date. However, occasionally, due to circumstances outside our control, we may be unable to get a technician to attend as planned. If this happens, we will contact you as soon as is reasonably practicable and agree an alternative date with you.
If we are unable to proceed with the service visit due to; lack of legal parking, no access to the area the product is installed within, the product itself or person in attendance is under 18 years old we reserve the right to charge a "Cancellation Charge" (of £83.50).
We reserve the right to cancel any appointment if we reasonably believe that the health or safety of our technician cannot be guaranteed.
Where there is evidence that the fault relates to a shower fitting or a consumable item, we reserve the right to send replacement parts only.
Please note *UK only calls cost 7p per minute plus your phone company's access charge.
Republic of Ireland customers please call 01 531 9337 for Service and Repair options
If the product is covered under the terms of our guarantee, the provision of product service ("Call Out Fee plus Parts") will be free of charge.
If the product has not been commissioned by Kohler Mira Ltd or we have no indication of purchase/installation date, warranty can be determined using the product date/serial number.
The following are not covered under the terms of our product & repair guarantee;
- Damage or performance issues arising from incorrect installation
- Improper use or neglect
- Lack of maintenance, build-up of limescale, frost damage or damage caused by foreign objects (corrosion, system debris, sludge or pipe scaling)
- Water or electrical supply and isolation issues
- Installation outside our recommendations as outlined in our Installation and User Guide instructions
- Call out charges where no fault has been found with the product
- Compensation for loss of use of the product or consequential loss of any kind
- Damage or defects if the product is taken apart, repaired or modified by any persons not authorised by Kohler Mira Ltd or our approved agents
Where a service visit under terms of our guarantee has been booked and the causes are not covered as above, a full-service charge ("Call Out Fee plus Parts") will be made. Prices are product dependant, please contact our Customer Services Team for further information on 0344 571 1777 (option 2)* or email firstname.lastname@example.org.
THE SERVICE VISIT
Our technician will attend the premises on the agreed date and will examine the product. Our technicians carry a comprehensive range of spare parts. If our technician is unable to repair the fault, we will arrange a mutually convenient date for a technician to return to perform the repair.
Our technician will use all reasonable efforts to repair a fault however, we cannot guarantee to be able to repair every fault.
Once on site, if we cannot affect a repair because the product cannot be isolated or is installed in an area where our technician cannot gain clear and safe access, or it has not been installed in accordance with the Installation and User Guide, we reserve the right to charge a "Call Out Fee" (of £83.50).
Any part of the product located in a loft/roof area must have safe access directly from the access hatch to the repair area. There must also be provision for adequate lighting to and from the access and in the repair area to meet with current health and safety guidelines.
If the reported fault is a result of an incorrect installation or supply service issues the technician will inform the appropriate site contact of the nature of the fault and will advise of what, in their opinion, is a reasonable course of action. This may include that the product is beyond repair and requires replacement. In all such circumstances, we will be entitled to charge a "Call Out Fee" (of £83.50).
The technician will advise you the expected cost of the parts to affect the repair for you to accept. If you do not accept the cost, then our "Call Out Fee" (of £83.50) will still apply.
If a product is out of current production, the service technician will use their best endeavours to complete a successful repair with spare parts still available. If, however, the required spare parts are no longer available and a repair cannot be completed, we reserve the right to charge a "Call Out Fee" of £83.50. Alternatively, where installation parameters allow, we can provide a quotation to replace the product with a current Rada alternative.
We guarantee all replaced parts for a full 12 months from the date of the paid repair visit. We will, free of charge, re-perform any service should the same part fail within 12 months following the original paid visit date, there is no limit on the number of free of charge visits under the remit of the guarantee. Parts replaced free of charge during this guarantee do not attract a further 12-month warranty.
This repair guarantee will not apply where the defect arises as a result of the points listed 1 to 8 above (product and repair guarantee terms).
If our technician reasonably believes that the reported fault is not directly related to the original part replaced, we will be entitled to charge full payment ("Call Out Fee plus Parts") for the visit. Prices are product dependant, please contact our Customer Services Team for further information on 0344 571 1777 (option 2)* or email email@example.com.
Repairs carried out under guarantee do not extend the original product guarantee period.
LIMITATIONS ON OUR LIABILITY
Kohler Mira will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
- any economic losses (including without limitation loss of revenues, loss of earnings, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred arising out of or in connection with any product or service provided under these Terms and Conditions
Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
In agreeing to accept these Terms and Conditions, you agree that you have not relied on any representation other than those expressly mentioned within these Terms and Conditions. Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent or negligent misrepresentation.
Kohler Mira Ltd will not consider compensation for loss of use of the product or consequential losses of any kind.
These terms and conditions shall be construed in accordance with the laws of England and Wales, and both parties agree to submit to the jurisdiction of the courts of England and Wales.
Where the Service is to be performed in Scotland, this contract shall be construed in accordance with the laws of Scotland, and both parties agree to submit to the non-exclusive jurisdiction of the courts of Scotland.
These conditions can only be amended or varied by written agreement between both parties.
THE GUARANTEES SET OUT ABOVE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
ADDITIONAL TERMS AND CONDITIONS GOVERNING SPECIFIC SERVICE OFFERINGS
If you have ordered a spare part from our Customer Services Team, please allow 2 to 5 working days for delivery (unless extra payment has been made for a Next Day delivery service). We recommend that you wait until you receive the part before arranging for someone to fit it.
We rely on the information provided to us by you when diagnosing the fault and identifying the spare part you require. If once delivered it becomes apparent that the spare part ordered is not suitable for your needs, Kohler Mira Ltd accept no liability for this.
If you need to return any purchases, you have 28 days to do this. Please ensure the products are in the original packaging and in a re-saleable condition. We may reduce the price of your refund to reflect any reduction in the value of the goods, if this has been caused by your handling of them in an unacceptable way. Returns are free of charge. Please contact our Customer Services Team on 0344 571 1777 (option 2)* or email firstname.lastname@example.org to arrange a return.