POLICY DEFINITIONS
Contract Value: The total value of the contract including VAT that you have entered into with your Installer.
Ceased to trade means having ceased trading by reason of involuntary Liquidation, Receivership, Administration, Strike-Off or Dissolution in respect of a Limited company, Bankruptcy or death of the principal (s) in the case of a Sole Trader or Partnership, or any other reason where suitable proof can be provided to us to confirm that the Installer is no longer trading in any shape or form.
Commencement of cover date means the date on which the measures installed have been deemed to be fully completed to your satisfaction, all negotiations with respect to contract value have concluded with full payment made, and no defects are evident in the measures installed.
Excess means a contribution that you are required to pay towards every claim that you make against this insurance policy.
The fixed Excess amount payable to the insurer for this policy is £100.
LIMITS OF COVER
We agree to rectify, remove, replace or repair (in the Period of Cover) any Defects that breaches building regulations where the Installer has ceased to trade and as a result, failed to honor their outstanding obligations detailed in their guarantee to you.
The Period of Cover shall commence on the Commencement of Cover date and shall remain in effect for the Period of Cover detailed on page one of the original certificate.
The Maximum limit recoverable for a claim for Defects is the Sum Insured. POLICY EXCLUSIONS
• Any items or work that is not contained within the Installer’s contract or guarantee;
• Any loss or damage, which at the time of happening is insured and/or protected by, or would, but for the existence of this insurance, be insured or protected by any other existing insurances;
• Emergency repairs and repairs for accidental damage;
• Any claim that is the consequence of subsidence or earth movement of any kind caused by any reason whatsoever other than as a result of thenegligent installation by the Installer (this would normally be covered by your buildings insurance);
• Any loss, damage or costs incurred that do not relate specifically to either the physical rectification of the measures installed or the rectification of yourproperty;
• Any consequential damage;
• Any loss or damage to contents, whether belonging to you or otherwise;
• The cost of routine maintenance, overhaul or modifications to the measures installed or loss or damage arising there from;
• Any loss of use, loss of profit, loss of enjoyment or other costs that are directly or indirectly caused by the event which led to a claim, unless specifically provided for in this policy;
• Any loss or damage caused by fair wear and tear, sunlight or the discolouration of the measures installed;
• Any loss or damage or defects which are due to neglect in the maintenance of the measures installed;
• Any loss or damage incurred as a result of negligence, accident, misuse or improper repair of the measures installed, on your
part or any party acting on behalf of you;
• Any commercial property installation or any property that is not solely used for residential purposes;
• The £100 Excess, which must be paid by you for each and every claim;
• Any claim that has not been reported to us within 30 days of the Defect occurring;
• Your benefit under this policy will be forfeited if you knowingly provide fraudulent information in relation to your installation or any claim;
• Any loss or damage to the insured works caused by faulty components, where the fault is covered by your manufacturer’s warranty or guarantee and you can claim upon this.
• Any product failure or installation fault other than breaches in building regulations
This policy does not widen or increase the cover given by your Installer’s contract or guarantee.
We have the right to exclude from cover any remedial work carried out without our agreement. To ensure that you will be insured for the costs of any particular works you must obtain our approval in writing before proceeding.
Whilst every endeavour will be made to replace products on a like for like basis no liability is accepted for aesthetic differences where an exact match cannot be sourced. You will be responsible for any extra cost incurred in replacing goods with a better kind, specification, quality, different size or capacity.
No alteration in the terms of this insurance, nor any endorsement will be valid unless approved in writing by us. Building Control Compliance
In the event of non-compliance with building control regulations this policy will provide cover to ensure that subsequent issues are rectified in line with current building control guidelines.
We will not reject any claims solely on the basis that payment for the contract or any part thereof was paid via a finance arrangement or credit card provider. We are entitled to recover our outlay (and take over the conduct and defence or settlement of any claim) against you, if you have recovered your deposit from your credit card or finance provider.
This Policy is transferable to subsequent owners of the property detailed in the Certificate. Either you or the new owner of the property should contact us and we will issue a revised Certificate to reflect this change. There is no charge for the revised Certificate.
You can cancel the policy at any time by contacting us.
In the event of a defects claim arising in your property, you should contact your Installer and exhaust their own claims procedures. Where it has been established that the Installer ceased to trade you should contact us within 30 days of the Defect occurring.
In order to make a claim under this insurance, you must provide us with the following:
a) A completed Claim Form
b) A copy of the Installers contract and Guarantee (to establish that the faults are covered within the Installer’s original Guarantee)
c) All Proofs of Payment to the Installer (e.g. Bank/Building Society Statement)
Claim Forms can be obtained by contacting: The Claims Manager, BRFP, 103 High Street, Lees, Oldham, OL4 4LY.
We have the right to inspect the measures installed and you shall provide us at your own expense in writing all details of any claim, together with such proofs, explanations and other information as may reasonably be required by us.
We are entitled to recover our outlay (and take over the conduct and defence or settlement of any claim) against the Installer due to their negligence, defective workmanship or products, or failure to rectify defects in the property and/or measures installed.
You must provide us or our representative access to enable the assessment of any claims under the guarantee/s and this insurance policy. Failure to do so will invalidate this policy.
In the event of any claim under this insurance one of our “authorised representatives” will be appointed to carry out work and we shall not be liable for any work carried out without our written authorisation.
The law of England and Wales will apply to this contract unless we agree otherwise.
The contractual terms and conditions and all other information relating to this contract will be in English, unless we agree otherwise.
We are governed by the Data Protection legislation. The Administrator is governed by the legislation applicable to the United Kingdom. Under this legislation we are required to tell you about how we will use the information that you give us, who we may share information with and the systems we have in place that allow us to detect and prevent fraudulent applications for insurance and claims. The savings that we make help us to keep our premiums and products competitive.
The information that you give to us will be used by us and the administrator and anybody appointed by us or them for the purposes of administering your insurance or a claim. It may be disclosed to reinsurers, and to regulatory authorities for the purposes of monitoring our or the administrator’s compliance with regulatory requirements.
Where this happens, we will ensure that anyone to whom we send your information agrees to treat it with the same level of protection as if we were dealing with it.
In giving us and the administrator information about another person, you confirm that they have given you permission to give the information to us and theadministrator and that we/they may process it (including any sensitive data – see below) for the purposes as set out in these notices.
We and the administrator may undertake checks against publicly available information (such as electoral roll, county court judgements, bankruptcy orders or repossessions). These checks may be made when you take out insurance with us or if you make a claim and the information shared with anyone acting on our behalf to administer your insurance or a claim (e.g. loss adjusters or investigators).
To help us to prevent fraud and to check your identity, we and the administrator may search files made available to us by credit reference agencies, who may keep a record of that search.
In order to assess the terms of your insurance or to administer claims we may need to collect data that Data Protection legislation defines as sensitive (such as medical conditions and criminal convictions). In taking out insurance with us you are giving us your consent to such information being processed by us, the administrator and other companies contracted by us to provide services relating to your insurance or to a claim.
On payment of a £10 fee you are entitled to receive a copy of the information we hold about you. If you have any questions, or you
would like to find out more about this you can write to the Data Protection Officer.
We may use the details you have provided to send you information about our other products and services or to carry out research. We may contact you by letter, telephone or e-mail. Please be reassured that we will not make your personal details available to any companies other than those that are contracted by us to provide services relating to your insurance with us. If you would prefer not to receive information from us or those companies who provide services on our behalf, simply write to us.
Copyright © 2020 Building Regulation Financial Protection - All Rights Reserved. BRFP is a trading name of Assure Certification Ltd
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