Installation Terms & Conditions:
These Terms apply where you have asked us to install a System at your Property.
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;
“Assessment Form” the suitability and assessment form prepared by us outlining the result of the Assessment;
“Commissioning Form” the form provided by us to be signed by you to confirm that:
(a) the Installation has been completed and the System has been commissioned; and
(b) we have, or our sub-contractor has, explained:
I. how the System operates; and
II. how the System should be maintained;
“Contract” the contract that is formed between us in relation to the Installation (following your signature of the Order Confirmation Form and we issue you with a Deposit Confirmation). This contract incorporates these Terms and the Quotation;
“Deposit” the sum specified in the Quotation;
“Interim Payment” the sum specified in the Quotation;
“Deposit Confirmation” the letter from us to you to confirm that we have received your Deposit;
“Force Majeure Event” shall have the meaning given in condition 12;
“Installation” the installation of the System (including any extra or additional works specified in the Quotation or as otherwise agreed by us) by us at the Property in accordance with Assessment Form and these Terms;
“Installation Confirmation” the letter from us to you to confirm the date that we have agreed with you for the commencement of the Installation;
“Order Confirmation Form” the form signed by you to confirm that you wish to proceed with the Installation;
“Property” the property stated in the Installation Confirmation that is owned or rented by you at which the Installation is to be carried out;
“Quotation” a quotation for the Installation provided by us to you following completion of an Assessment;
“REIGA” the Renewable Energy Installation Guarantee Agency;
“System” the system agreed to be installed by us at your Property as set out in the Quotation;
“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 Quotation, 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 any Installation undertaken by us under the Contract.
2.2 We have agreed to provide a Quotation and proceed with the Installation on the basis that you either own the Property or have obtained all of the necessary consents of the owner of the Property and all areas in which the Installation will take place.
2.3 A Quotation is provided on the basis that a binding contract shall only come into existence in accordance with condition 2.5. A Quotation will be valid for a period of 30 days from the date stated on it, unless we notify you in writing that we have withdrawn it during this period.
2.4 If, having read and considered the Quotation and these Terms, you wish to proceed with an Installation you can sign the Order Confirmation Form attached to the Quotation to confirm that you:
(a) accept the Quotation;
(b) accept these Terms; and
(c) want us to proceed with the Installation.
By sending the signed Order Confirmation Form attached to the Quotation to us, together with payment of the Deposit, you are offering to enter into a binding contract with us, which we are free to accept or decline at our sole discretion.
2.5 These Terms shall become binding on you and us when we issue you with a Deposit Confirmation, at which point a contract shall come into existence between us.
2.6 You may cancel the Installation at any time before the date we have agreed to commence the Installation by providing us with written notice. If you do choose to cancel, we will refund any Deposit paid to you within 28 days of receipt of your cancellation notice. Please note that, unless we receive your cancellation notice within seven working days of the date on which you received the Deposit Confirmation from us, we will have the right to deduct an amount from your Deposit equivalent to the reasonable costs that we have incurred in processing your order for a System (including, but not limited to, any delivery charges that have been incurred by us).
2.7 We reserve the right to revise and amend these Terms and the Quotation or any products and services we supply from time to time to reflect changes in market conditions affecting our business, changes in technology that is used for any system or part thereof, changes in relevant laws and regulatory requirements including a change in any funding that is available and changes in our system´s capabilities. If we do amend the Quotation in this way you will be entitled to terminate the Contract and, notwithstanding condition 2.6, a full refund. You will be subject to the policies and terms in force at the time that you accept the Quotation, unless any change to those policies or these Terms is required by law or government or regulatory authority.
2.8 We may need to exchange products within your System, and/or alter the System layout due to factors outside our control including, but not limited to, product availability or manufacturer upgrades. If we do need to make any changes we will inform you and only replace any products with like for like products. If this change results in an additional cost to you you will be entitled to terminate the Contract and, notwithstanding condition 2.6, a full refund.
3. THE INSTALLATION
3.1 We will use reasonable efforts to carry out the Installation on the date we agree, but if we need to rearrange the date of the Installation we will tell you as soon as we can and we will try to arrange an alternative date with you.
3.2 If you arrange to carry out any extra works yourself (or through any other contractor), then you must ensure that those works are:
(a) carried out:
I. prior to the date from which we have agreed to carry out the Installation;
II. in a professional manner;
III. in accordance with any relevant professional standards; and
(b) safe.
We will not be liable for any damage to your Property, or for any delays, caused by any extra works that you have arranged yourself.
3.3 If you need to change the date for the Installation you must call us as soon as you are able to and we will try to arrange an alternative date with you.
3.4 We will use our reasonable efforts to carry out the Installation at your Property in accordance with the Contract but we are unable to guarantee any timescales due to delays which are beyond our control.
3.5 Whilst we use all reasonable endeavours to ensure that products are delivered on time to construct your System we may need to rearrange the date of the Installation due to a delay in product deliveries due to excess demand in the marketplace or delay in the shipping of products, or a withdrawal of certain products from the market by the manufacturer.
3.6 In the event that an issue is discovered that may affect the health and safety of any persons at the Property, including but not limited to safety issues relating to adverse weather conditions, scaffold, your electrical wiring, your plumbing or your power supply, we may need to delay your Installation whilst the issues are resolved.
3.7 Following completion of the Installation we will ask you to sign the Commissioning Form to confirm that the Installation has been completed and that you have been told how the System operates and should be maintained.
3.8 In order to help us maintain our standards of work we monitor a selection of all installations that we undertake. Where your Property is selected for monitoring, you agree to give our technical monitor access to your Property on a date we agree with you (on at least 48 hours’ notice) so that the monitoring can take place.
3.9 Please note that we may take photographs of your Property during the Installation where we need to keep a visual record of the work that is carried out by us.
4. DEFECTIVE PRODUCTS AND RETURNS
4.1 Subject to condition 4.5. in the unlikely event that the System does not conform with these Terms, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, we will arrange for an engineer to attend your Property to determine the problem with the System on a date agreed between us. If the engineer determines that the System is faulty, we will arrange for the System to be repaired or replaced, on a date agreed between us, at no additional cost to you.
4.2 These Terms will apply to any repaired or replacement System we install for you.
4.3 The standard manufacturers’ warranties apply to the products that make up the System.
4.4 If when we come to carry out the Installation it is found that the products supplied are faulty we may need to delay the Installation whilst we source a replacement part or product.
4.5 Any tampering or alteration of the system by you or any unauthorised or unqualified persons may invalidate the warranty and may lead to costs being incurred by you.
5. GUARANTEES
You will, upon completion of the Installation, be provided with guarantees from:
(a) In the case of Solar PV and Solar Thermal Systems, REIGA to cover the workmanship of the Installation for a period of 10 years from the date of the Commissioning Form;
(b) the person, firm or company who carried out the Installation Works to cover the workmanship of the installation for a period of 2 years from completion of the Installation; and
(c) the manufacturers of the System to cover manufacturing faults and defects with the System.
(d) provided that you notify us that the System is defective within 12 months following the date of Installation, we will, at our cost, arrange the removal and replacement of the defective product specified. If, during the site visit or following the replacement of the product, it is discovered that there was no fault with the product or that there was a fault but that it was due to an act or omission of you, or one of your representatives, then you will be required to reimburse us for any costs incurred in respect of the removal and replacement of the product, including any shipping costs. Please note that after the 12 month period you may be required to pay for any labour and carriage charges associated with the removal and replacement of any faulty component which is covered by a parts only guarantee.
6. PRICE AND PAYMENT
6.1 The price of the Installation will consist of:
(a) the charges set out in the Quotation; and
(b) any other amounts that we subsequently agree with you in writing for further work or a change to the scope of the Installation.
6.2 The price of the Installation is payable by you as follows:
(a) the Deposit when you sign and return the Quotation;
(b) the Interim Payment when we confirm the installation date; and
(c) the balance of the total price immediately upon completion of the Installation.
6.3 Payment of all sums must be made by BACS transfer, cheque, debit or credit card. We accept payment with Visa (including Electron Credit), MasterCard, Solo and Maestro. Please note: If paying by credit card, an additional fee of 1.05% of the total amount paid for by credit card will be added and taken at the time of the payment that the credit card is used.
6.4 If you do not make any payment due to us by the due date for payment (as set out in condition 6.2), we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
6.5 Once the final payment has been made by you the ownership of the System will pass to you.
7. OUR RIGHTS TO CANCEL
7.1 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 the Installation, or makes the Installation more difficult to carry out; or
(b) we discover anything prior to or while we are carrying out the Installation that prevents us from carrying out the Installation.
7.2 When we write to you to cancel the Contract between us, we will:
(a) set out the reasons for the cancellation in our letter; and
(b) refund the Deposit (less any fees relating to work we have carried out).
8. OUR CONTACT CENTRE
8.1 We have a contact centre available to take your calls and the hours when it is open are published on our website.
8.2 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.
9. THINGS YOU WILL NEED TO DO
9.1 You agree to:
(a) co-operate with us when we are providing the Installation;
(b) give us (and anyone representing us) access to your Property on the date we have agreed for the Installation, together with any extra dates we require to finish the Installation;
(c) make sure that we have access to free supplies of water and electricity where we need these for the Installation;
(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 Installation. You also agree to follow any instructions we give you in respect of your Property to make sure we can carry out the Installation;
(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 Installation;
(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; and
(i) prior to the commencement of the installation:
I. obtain any planning permissions required by your local authority for the proposed Installation; and
II. ensure that there are no restrictions in relation to your Property being in a conservation area or in an area of outstanding natural beauty that may affect the Installation.
10. PROBLEMS WITH THE WORK WE DO AND DAMAGE TO YOUR PROPERTY
10.1 We will use reasonable care and skill when we carry out the Installation and we will use reasonable efforts not to damage your Property.
10.2 In the event that any damage is caused by us to your Property as a result of our undertaking the Installation:
(a) you must use reasonable efforts to give written notice of the damage within 30 days of the completion of the Installation (or if any damage is hidden from view, within 30 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 either outside or living in your Property (for instance children or anyone who is elderly or disabled);
III. within 10 days in all other circumstances.
10.3 In the event that you are notified of a risk of damage to your Property and you request that works continue regardless of such risk, we cannot be held liable for any resulting damage.
10.4 We will use reasonable efforts to minimise the amount of dust and other debris that is caused during the Installation. 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.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The trade marks, copyright, design right and all other intellectual property rights in any materials and other documents or items that we propose or produce for you in connection with the installation will belong to us absolutely, or be licenced to us.
11.2 You may not use the materials, documents or other items provided by us for any commercial purposes.
12. LIMITATION OF LIABILTY
12.1 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).
12.2 Subject to condition 12.4, 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.
12.3 We will not be liable in the event that your television reception is affected by the installation of the System at your Property.
12.4 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:
(a) loss of income or revenue including, but not limited to any loss of grant, subsidy or other funding;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time including, but not limited to, any losses due to taking time off work or holiday time.
This condition 12.4 shall not, however, prevent claims for foreseeable loss of, or damage to, your Property as described in condition 10.
12.5 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.
12.6 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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”).
13.2 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) inclement weather, 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.
13.3 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.
14. DATA PROTECTION
14.1 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.
14.2 The personal information you provide to us, including your contact details and information and photographs taken during your assessment or installation, regarding your Property will be used by us to:
(a) undertake the Installation; and
(b) contact you about our and our partners similar services and products; and
(c) use the photographs for marketing purposes;
(d) to make all required registrations including but not limited to warranty/guarantee registrations and any relevant certification registration; and
(e) pass to third party inspection companies to undertake a technical inspection at our instruction; and
14.3 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 Installation Confirmation.
15. GENERAL
15.1 The Contract constitutes the whole agreement between you and us for the provision of the Installation 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.
15.2 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.
15.3 You may not transfer or sub-contract any of your rights or obligations under these Terms to a third party.
15.5 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.
15.4 Both of us are acting on our own behalf and not for the benefit of any other person.
15.5 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.
15.6 We may correct any typographical error 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.
15.7 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.
15.8 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.
15.9 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.
