Assessment Terms & Conditions:
These Terms apply where you have asked us to carry out an Assessment at your Property.
Please note that separate terms and conditions will apply if you decide to proceed with the installation of a System. For these terms and conditions please click here.
1. INTERPRETATION
1.1 The definitions in this condition apply in the terms and conditions set out in this document:
“Assessment” our assessment as to the suitability or otherwise of your Property for the installation of a System;
“Assessor” an assessor employed or sub-contracted to us who will carry out the Assessment at your Property;
“Assessment Confirmation Letter” the letter from us to you to confirm the date of the Assessment;
“Contract” the contract that is formed between us in relation to the provision of the Assessment (following your signature on the Customer Assessment Confirmation Form attached to the Assessment Confirmation Letter). This contract incorporates these Terms and the Assessment Confirmation Letter;
“Force Majeure Event” shall have the meaning given in condition 11;
“Property” the property stated in the Assessment Confirmation Letter that is owned or rented by you at which the Assessment is to be carried out;
“System” the system or product that, subject to the outcome of the Assessment, you would like to have installed by us at your Property;
“Terms” the terms and conditions set out in this document;
“we” or “us” Enact Energy Renewables Limited, a company incorporated and registered in England and Wales with company number 7057417 whose registered office is at 14 High Cross, Truro, Cornwall TR1 2AJ, and “our” shall have the appropriate meaning;
“writing” or “written” includes faxes and e-mail; and
“you” the person named on the Assessment Confirmation Letter, and “your” shall have the appropriate meaning.
1.2 Headings do not affect the interpretation of these terms.
2. THE BASIS OF THE CONTRACT BETWEEN US
2.1 These Terms shall apply to the provision of an Assessment by us to you under the Contract.
2.2 When our Assessor visits your Property, they will ask you to sign the Customer Assessment Confirmation Form section on a copy of the Assessment Confirmation Letter (unless you have already completed and returned such letter). By doing so you will be confirming that you:
(a) accept these Terms; and
(b) want the Assessor to proceed with the Assessment,
and a Contract will become binding on you and us. Please note that we cannot undertake an Assessment until you have provided a signed copy of the Assessment Confirmation Letter to us.
2.3 You may cancel the Assessment at any time before the agreed date of the Assessment as specified in the Assessment Confirmation Letter (or as otherwise agreed between us) by either:
(a) providing us with written notice; or
(b) calling our contact centre using the telephone number printed on the Assessment Confirmation Letter.
2.4 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system´s capabilities. You will be subject to the policies and terms in force at the time that you book an Assessment, unless any change to those policies or these Terms is required by law or government or regulatory authority.
3. THE ASSESSMENT
3.1 We will use reasonable efforts to carry out the Assessment on the date we agree (whether as stated in the Assessment Confirmation Letter, or discussed at a later date), but if we need to rearrange the Assessment we will tell you as soon as we can and we will try to arrange an alternative date with you.
3.2 If you need to change the date for the Assessment you must call us as soon as you are able to and we will try to arrange an alternative date with you.
3.3 We will use our reasonable efforts to carry out an Assessment at your Property in accordance with these Terms and the Assessment Confirmation Letter. Please note that we may take photographs of your Property during the Assessment where we need to keep a visual record of the work that is required.
3.4 Following completion of the Assessment we will give you an indication of the likely costs of installing the System.
3.5 Please note that:
(a) it may not always be possible for us to install a System at your Property and we will tell you if this is the case and explain what the problem is; and
(b) the indication of the likely costs of installing the System is provided by way of a guide only. We will provide you with a detailed quotation if you request one from us.
3.6 In some cases there may be extra works that are needed before the installation of a System can take place. We will tell you about any such works and, if it is works we can assist with, give you a quote for carrying them out.
3.7 In some cases it may not be possible for us to complete the Assessment on our first visit. If this is the case then we will arrange a time to come back to your Property to complete the Assessment.
3.8 In some cases we may need to carry out an additional Assessment due to any changes to the products we have identified for your System. The products can change due to a variety of factors including, but not limited to, discontinuation by the manufacturer, availability or an extended period of delay.
4. PRICE AND PAYMENT
There is no charge for an Assessment; we agree to provide the Assessment in consideration of you agreeing to your obligations under these Terms.
5. OUR RIGHTS TO CANCEL
5.1 We may cancel any Contract between us by writing to you at any time where:
(a) you fail to do any of the things you need to do under the Contract between us and this prevents us from carrying out an Assessment, or makes the Assessment more difficult to perform; or
(b) we discover anything while we are carrying out an Assessment that prevents us from carrying out the Assessment.
5.2 When we write to you to cancel the Contract between us, we will set out the reasons for the cancellation in our letter.
6. OUR CONTACT CENTRE
6.1 We have a contact centre available to take your calls and the hours when it is open are published on our website.
6.2 We will try to answer your call as soon as we can, however, please bear in mind that responses may be slower in busy periods.
7. THINGS YOU WILL NEED TO DO
7.1 You agree to:
(a) co-operate with us when we are providing an Assessment;
(b) give us (and anyone representing us) access to your Property on the date we have agreed for the Assessment, together with any extra dates we require to finish the Assessment;
(c) make sure that we have access to supplies of water and electricity where we need these for the Assessment;
(d) give us any information about you and your Property that we ask for as soon as possible;
(e) ensure that any information you give us is accurate and complete;
(f) make sure that you prepare your Property (at your own cost) to enable us to have access for the purpose of carrying out the Assessment. You also agree to follow any instructions we give you in respect of your Property to make sure we can carry out the Assessment;
(g) obtain any consent that is required from any landlord of your Property and, if you own the Property with anyone else, to ensure that all your co-owners have consented to the Assessment; and
(h) make sure you have protected your belongings and that you have moved any valuable or breakable items out of the areas we need access to and into a safe place.
8. PROBLEMS WITH THE WORK WE DO AND DAMAGE TO YOUR PROPERTY
8.1 We will use reasonable care and skill when we carry out the Assessment and we will use reasonable efforts not to damage your Property.
8.2 In the event that any damage is caused to your Property as a result of our undertaking the Assessment:
(a) you must use reasonable efforts to give written notice of the damage within 90 days of the completion of the Assessment (or if any damage is hidden from view, within 90 days of the time when you become aware of it);
(b) you must give us a reasonable opportunity to repair any damage caused to your Property;
(c) we will try to repair any damage:
(i) within 24 hours if the damage affects the health and safety of anyone who lives in your Property, or could affect the health and safety of anyone outside the Property;
(ii) within 24 hours if the damage or defect has a significant impact on any vulnerable people outside or living in your Property (for instance children or anyone who is elderly or disabled);
(iii) within 10 days in all other circumstances.
8.3 We will use reasonable efforts to minimise the amount of dust and other debris that may be caused during any Assessment. We will try to advise you about the areas which are likely to be affected and you are responsible for ensuring that any possessions are suitably protected or moved from the areas where the dust or debris is likely to spread.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The trade marks, copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Assessment will belong to us absolutely.
9.2 You may not use the materials, documents or other items detailed in condition 9.1 for any commercial purpose.
10. LIMITATION OF LIABILITY
10.1 No provision of these Terms will adversely affect your rights as a 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).
10.2 Subject to condition 10.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
10.3 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: loss of income or revenue; loss of subsidy or other financial benefit; loss of business; loss of anticipated savings; loss of data; or any waste of time. This condition 10.3 shall not, however, prevent claims for foreseeable loss of, or damage to, your Property as described in condition 8.
10.4 We will not be liable to you if we are prevented or delayed from complying with our obligations under the Contract by anything you or anyone acting on your behalf does or fails to do.
10.5 This condition does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. DATA PROTECTION
12.1 We are a registered data controller under the Data Protection Act and are committed to treating all information you provide in accordance with our legal obligations.
12.2 The personal information you provide to us, including your contact details and information regarding your Property will be used by us to undertake an Assessment, and provide you with a quotation for the installation of a System, and contact you about our and our partners’ similar services and products.
12.3 If you wish to change your marketing preferences at any time, or have any other queries regarding data protection, please contact us using the details printed on the Assessment Confirmation Letter.
13. GENERAL
13.1 The Contract constitutes the whole agreement between you and us for the provision of the Assessment and supersedes any other terms and conditions previously published by us, and any other representations or statements made by us to you, whether oral, written or otherwise, are excluded.
13.2 We reserve the right to amend these Terms or any products or services we supply where we need to do so because of a change in any law or regulation, a change in the funding that is available for these services or a change in the technology that is used for the Assessment or installation of any System.
13.3 Both of us acknowledge that no statement, representation, assurance or warranty (whether made negligently or innocently) has been relied on in entering into the Contract (except for the provisions expressly set out in the Contract). Nothing in this condition shall, however, limit or exclude any liability for fraud.
13.4 You may not transfer or sub-contract any of your rights or obligations under these Terms to a third party.
13.5 We may, at any time, assign, transfer or sub-contract all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
13.6 Both of us are acting on our own behalf and not for the benefit of any other person.
13.7 No relaxation or delay by us in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy or affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by you and us in writing.
13.8 We may correct any typographical error, mistake or omission in any documentation we supply to you without any liability on our part provided that, if the correction has a material impact on the service we provide or the price you pay, then we will inform you as soon as possible and offer you the option to cancel the Contract.
13.9 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.10 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.11 The Contract, and any dispute arising out of it (including any non-contractual disputes or claims) shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
