Terms And Conditions
- The Quotation
The quotation we have given you is valid for 30 days from the date of issue. To confirm your order, you will need to sign both copies of this contract; you should keep one copy for your records and return the other copy to us. No contract will be in place until we confirm the order with you.
The quotation will document all goods and services we propose to supply, along with the total price for these goods and services including VAT.
We will discuss this with you and provide you with information as to the location of key components. You will be given the opportunity to approve the site designs before work commences.
We will advise you on approvals and permissions that may be required for the work to commence. If there are additional payments that you may have to make, you will be responsible for these costs.
If you have a Leasehold interest in the property you will need to obtain the Freehold owner(s) prior written permission to carry out the work detailed in the quotation. In the absence of your advice to the contrary within 14 days of signing the contract we will assume that you have made enquiries and obtained such permission(s). We shall not have any liability for unauthorized works, and you shall indemnify us for any losses, howsoever arising that we incur from your failure to obtain such permission (s).
- Right to cancel
Should you decide within fourteen days of signing this contract that you do not wish to proceed, you may do so. Any advance payments we have taken from you will be returned. You should put your wish to cancel in writing, either by completing the Cancellation Form we have supplied to you, or by writing to us at the address on the quotation.
You may also cancel this contract if there is an unreasonable delay in the installation being carried out if this has not been caused by you. You would also be entitled to a full refund if that delay has been caused by something outside of our direct control but not caused by you.
If you cancel this contract outside the cancellation period, you may have to pay to us reasonable costs for any losses we may have incurred. We will attempt to keep these costs to a minimum. If you have paid us a deposit or any advance payments, we may retain all or part of these payments as a contribution.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to.
- Effects of cancellation
Should you decide within fourteen days of signing this contract that you do not wish to proceed, you may do so. Any advance payments we have taken from you will be returned. You should put your wish to cancel in writing, either by completing the Cancellation Form we have supplied to you, or by writing to us at the address on the quotation.
- Work begun prior to the expiry of the cancellation period.
If you have agreed in writing that work will commence before the fourteen-day cancellation period expires, and you subsequently cancel, you are advised that reasonable payment may be due for any work carried out. You must confirm to us in writing that work may commence before your cancellation period expires.
- Related credit and other agreements
If you decide to cancel your contract for our goods and services, then any credit agreement and any other ancillary contracts related to the main contract will be automatically cancelled.
- Our rights under this contract
If, within fourteen days of us informing you in writing of a serious breach of your obligations to us, you have failed to rectify this breach, we will have the right to cancel this contract.
Should we suffer any losses due to a breach of this contract then we will be entitled to reasonable compensation to cover these losses. We are required to attempt to keep losses to a minimum.
- Timetable for works
We will agree with you a timetable for carrying out the installation.
There can be occasions when this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of that at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
Should the delay be caused by us, or by our suppliers, and that delay could be considered as severe by a reasonable per- son, you would be entitled to cancel this contract without penalty to you.
- The Installation
The installation will be carried out in line within the MIS standard relevant to the technology, and to any document referred to within that standard. In addition, we will ensure at all times that we meet all our obligations under the RECC consumer code.
The goods we supply will be of merchantable quality and fit for purpose. They will operate as we have described to you.
We will have insurances in place which will cover any loss or damage caused by us or our agents. If you suffer any loss or damage, our responsibility to you will be limited to £1 million for each event that causes you loss or, if there are a number of connected events that cause you loss, our responsibility will be limited to £1 million in total for these events.
We will not, under any circumstances, be responsible for any financial loss or damage, for example loss of profit, income, business, contract, or goodwill; or any loss that, when we made this contract with you, we would not reasonably have expected would happen even if we, our employees, subcontractors, or agents did not follow these terms and conditions.
It is your responsibility to ensure that you provide safe and easy access to your property from the public highway and that there are no obstructions. You must also ensure that there is easy access to the area where the installation is to be carried out, by removing all belongings from the vicinity.
You may be required to supply to us normal services free of charge; this would include toilet, washing, water facilities, and electricity. You should also ensure we have safe and easy access to the installation area.
Any work to prepare for the installation, carried out by you or a third party that you employ should be carried out in line with the agreed start date for the installation. If this work has not been completed and a consequent delay is caused, you may be liable for any costs incurred by us for such a delay.
The work will be carried out by personnel trained in each of the tasks they are assigned. To carry out the work as efficiently as possible we may need to use sub-contractors. All sub-contractors are approved by us and are experienced, qualified, and accredited to undertake their specific works.
Where we have connected new equipment to your existing system, we will not accept responsibility for the cost of repairing or replacing parts of your existing system which subsequently develop faults in that system unless we have been negligent in not realizing that such damage may occur, or if the way we carried out the work directly cause the fault.
Within seven days of the completion of the installation you will receive all documentation required as set out within the ap- propriate standards within a handover pack.
We cannot be held responsible for the under or over performance of a panel or system as all stated outputs are based on average collective figures and cannot consider the year-on-year changes that occur in weather patterns and solar activity. Further we cannot be responsible for the under or over performance of a panel or system when supplied to or installed by a third party.
- Goods belonging to us
Any goods belonging to us that have been delivered to you should remain clearly identifiable as our property. Until the title to the goods is transferred to you should the goods should be stored in such a way as they are protected from damage.
They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or do you feel like the goods are causing any form of hazard you should contact us.
Should you terminate the contract for any reason, then we will make arrangements with you to collect the goods. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not make adequate and reasonable arrangements with us to allow the goods to be collected, we retrain the right the right to take legal proceedings to recover the goods or their value. The amount of any reimbursement may be reduced by any reasonable costs we may have incurred.
- Changes to the planned work
If you decide to make changes to any planned work after you have signed a contract, you should contact us without delay. Wherever possible we will incorporate your changes and if we are not able to so we will inform you as to why it is not possible for us to do so.
When we are able to agree to your changes, we will require that you set out, in writing and within fourteen days, confirmation of your request.
You need to be aware that any changes to the original design may mean an adjustment to the cost of the installation. Any adjustment in the cost, either in addition or subtraction will be dealt with as a Variation of Contract and we will adjust the price by written agreement with you.
There can be occasions when we come across unexpected work. Should this arise, we will discuss this with you. If it is an area of work in which we are competent to operate, we will issue you with a quotation to complete that work. We will have documented on the quotation the normal rate for the work of our installers.
If the work is outside our area of competence, we will assist you in finding a suitably qualified contractor to carry out the work. If this unexpected work causes a delay in the installation process, we may need to make reasonable charges for this delay. If this involves asbestos removal, then a clean air certificate must be provided before we will do any further work at your property.
- Late Payment
You should make the payments agreed on the quotation as they become due. The final payment will be due on delivery of the handover pack. If you fail to make any agreed payment, we may cease work. If you fail to pay the amount specified in an invoice sent to you by the agreed due date, then we reserve the right to charge you interest until you pay the amount due. The interest we will charge will be 3% above the Bank of England base rate.
If we intend to cease work, we will give you notice of this in writing.
If you are in breach of this contract because you have not made a payment that was due to us and we have ceased work,
you may have to compensate us for any additional costs we have incurred.
Dependent on the circumstances, we may require that the goods are returned to us. If necessary, we will undertake legal proceedings to recover the goods and/or any outstanding amounts due to us.
- Inclusive Maintenance
We will repair or replace any faulty goods in the first year of installation and all materials supplied will be covered by the manufacturer’s warranty. We will return and repair any issues arising from the work for a period of 2 years. Accidents, mis- use of goods, removal of goods by an unauthorised person or an act of God are not covered under the warranty.
- Force Majeure
We do not accept liability if we cannot fulfil our side of the agreement for reasons which are beyond our control such as fire, accidents, war, adverse weather conditions, industrial disputes, strikes and lockouts which we are not directly involved. If we are in dispute on any issue where we cannot come to an agreement, then we can refer your wish to go to conciliation, we are obliged to agree.
RECC conciliation service is the conciliation service that will be used. The process is described within the Renewable Energy Consumer Code (RECC).
A suitably qualified expert will be appointed to consider the dispute. This expert will make recommendations to resolve the dispute.
These recommendations are not binding on either party. If you do not agree with the findings, you can refer the matter to the Independent Arbitration Service. The procedure used for this independent arbitration is described within the RECC Consumer Code. If you decide to follow this route, you will be required to pay a fee equivalent to the county court small claims procedure fee. You will have this fee refunded if the arbiter finds in your favour.
An award made under the independent arbitration service will be final and legally binding. Either party may only challenge the award on certain limited grounds under the Arbitration Act 1996.- Data protection
We may collect personal data about you when you contact us, we do not sell your personal data to third parties. We will only share your personal data with organisations relevant to your installation / service being provided to you.
If you have entered into a contract with us, we may choose your installation to be one of our case studies. We will not disclose your name or exact location.
There are circumstances where we may need to disclose your personal data to third parties where we are legally obliged to do so, or to apply or enforce our legal rights.
We keep records for as long as required in accordance with legal requirements. Where your information is no longer required, we will dispose it in a secure manner.