TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions).
Assessment Form: the cavity wall/loft insulation suitability and assessment form prepared by us in accordance with these terms and conditions.
Booking Confirmation Letter: the written confirmation of your agreement by telephone for us to carry out the Services in the form overleaf.
Contract: the contract between us for the provision of Services incorporating the Booking Confirmation Letter and the Conditions, the Customer´s request for the Services and our acceptance of it, or the Customer´s acceptance of a quotation for Services by us under condition 3.2.
Customer, “You”, “you”: the person named on the Booking Confirmation Letter.
Installer: the allocated third party installer notified to you by us as soon as reasonably possible following the assessment and subsequently appointed by you to install any measures as identified in the Assessment Form.
Services: our assessment as to the suitability or otherwise of your property for installation of energy efficient measures being cavity wall insulation and or loft insulation.
Supplier, “Us”, “us” “we” “We”: Enact Energy Renewables Limited (Company no. 7057417) whose registered office is at 14 High Cross, Truro, Cornwall TR1 2AJ.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
2. BACKGROUND
2.1 We act as agent for various utility companies who are providing some of the funding for the provision of energy efficient measures, in particular cavity wall and loft insulation, to customers by way of grants (where applicable).
2.2 On completion of the Services you must then contract with the Installer who will then install such energy efficient measures under a separate contract for which we do not accept any liability whatsoever.
3. APPLICATION OF CONDITIONS
3.1 These Conditions shall apply to the provision of the Services under the Contract.
3.2 Following the sending by us of the Booking Confirmation Letter our starting to provide the Services shall be deemed acceptance of these Conditions and your request for us to carry out the Services
4. COMMENCEMENT AND DURATION OF SERVICES
4.1 We shall endeavour to supply the Services on the date specified in the Booking. Confirmation Letter unless otherwise agreed between the parties.
4.2 Subject to condition 12, the Services shall continue to be supplied until such time as the Assessment Form has been completed and signed overleaf by you and handed over to the Installer.
4.3 Following completion of our assessment we shall provide you with the Assessment Form setting out the details of the required energy efficient measures and estimated costings. Should you accept the proposals set out in the Assessment Form and sign the same then these Conditions cease to apply save as to the provisions of clauses 7, 10, 11 and 12 which shall continue in force.
4.4 Please note that if, for health and safety reasons, the Assessor is unable to access the loft space then the Assessor must estimate the size of such space from the rooms below and the exact measurements (along with costings) will be confirmed by the Installer.
5. OUR OBLIGATIONS
5.1 We agree to use reasonable endeavours to provide the Services to you in accordance in all material respects with these Conditions.
5.2 We shall use reasonable endeavours to meet any performance dates specified in the Booking Confirmation Letter, but any such dates shall be estimated dates only and time shall not be of the essence for performance of the Services.
6. YOUR OBLIGATIONS
6.1 You agree to:
(a) co-operate with us in all matters relating to our provision of the Services;
(b) proceed with the Installer should you wish to proceed with the installation of the energy efficient measures and not to approach other installers to carry out the installation;
(c) provide us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, with access to your premises as reasonably required by us;
(d) provide to us, in a timely manner, such Customer and other information as we may reasonably require, including but not limited to proof of benefits and proof of age, and ensure that it is accurate in all material respects;
(e) be responsible (at your own cost) for preparing and maintaining the relevant premises for the supply of the Services, including identifying, monitoring, removing and disposing of any hazardous materials from your premises in accordance with all applicable laws, providing a safe means of access from the public highway to your property, preparing the location within your property including the removal of belongings to enable the Services to be carried out, before and during the supply of the Services at those premises, and informing us of all of your obligations and actions under this condition 6.1(e).
6.2 If our performance of our obligations under these Conditions is prevented or delayed by any act or omission of you, your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay
7. CHARGES AND PAYMENT
7.1 The Services are provided to you in consideration of you agreeing the performance of your obligations under these Conditions.
7.2 You shall be responsible for paying the Installer for the charges in accordance with the terms of your agreement with the Installer should you decide to proceed with the installation.
7.3 The charges set out in the Assessment Form do not include any additional charges in respect of loft ventilation, scaffolding or general access requirements which must be agreed with the Installer and will be subject to the contract between you and the Installer.
7.4 The Installer is responsible for the health and safety aspects of the installation and to this end must ensure that the correct equipment is used to prevent any health and safety risk to its employees.
8. LIMITATION OF LIABILITY - THE CUSTOMER´S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 This condition 8 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
(a) any breach of the Contract;
(b) any use made by you of the Services or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these Conditions limits or excludes our liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
8.4 Subject to condition 8.2 and condition 8.3
(a) we shall not be liable for: loss of profits; or loss of business; depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to £1,000,00.00.
8.5 We shall not be liable for any actions or omissions of any third party including the Installer. In the event that you agree a limitation of liability with any third party, you agree that our liability to you will not be increased due to the limitation of liability agreed by you with third parties. Our liability to you under or in connection with the Services shall be limited to that proportion of the total losses (after taking into account any contributory negligence, if any) determined to be just and equitable having regard to the extent of our responsibility for the losses in question.
9. DATA PROTECTION
You acknowledge and agree that details provided by you to us over the telephone and those details set out in the Assessment Form, including but not limited to, your name, address and any benefit details may be submitted to the Installer and, where applicable, any utility company providing grant funding, and personal data will be processed by and on our behalf, the Installer and any utility company in connection with the Services.
10. DAMAGE
10.1 You acknowledge that we may cause slight damage to the property when carrying out the assessment. Although we will carry out reasonable repairs to make good any damage we do cause you will not hold us liable for such damage.
10.2 Please note that the borescope holes will be filled by the Assessor with silicon only.
10.3 We do not provide any guarantees in respect of the Services and you should discuss any guarantees in respect of the measures to be carried out with the Installer.
11. TERMINATION AND NOTICE OF RIGHT TO CANCEL THE CONTRACT
11.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other on giving the other notice in writing or by telephone at any time.
11.2 Should you wish to cancel please notify the Assessment Administration Department, Enact Energy Renewables Limited, Enact House, Tolvaddon Energy Park, Tolvaddon, Cornwall TR14 0HX or email assessment.cancel@tescoinsulation.com
11.3 No provision of these terms and conditions will adversely affect the rights of any consumer (as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Protection from unfair Trading Regulations 2008).
12. FORCE MAJEURE
We shall have no liability to you under the Contract if it is prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13. VARIATION
13.1 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
13.2 Subject to condition 13.1, no variation of the Contract or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.
14. SEVERANCE
If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15. ENTIRE AGREEMENT
15.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
15.2 Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than for breach of contract.
15.3 Nothing in this condition shall limit or exclude any liability for fraud.
16. ASSIGNMENT
16.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
16.2 Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
17. RIGHTS OF THIRD PARTIES
A person who is not a party to the Contract shall not have any rights under or in connection with it.
18. GOVERNING LAW AND JURISDICTION
18.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
18.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter
