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 Customer Declaration Form). This contract incorporates these Terms and the Quotation;
“Deposit” 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;
“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 Lowin House, Tregolls Road, Truro, Cornwall TR1 2NA, 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 A Quotation is provided on the basis that a binding contract shall only come into existence in accordance with condition 2.4. 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.
2.3 If, having read and considered the Quotation and these Terms, you wish to proceed with an Installation you can sign 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 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.
2.4 These Terms shall become binding on you and us when we issue you with an Deposit Confirmation, at which point a contract shall come into existence between us.
2.5 You may cancel the Installation at any time before the date we have agreed to commence the Installation by providing us with written notice.
2.6 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 accept the Quotation, unless any change to those policies or these Terms is required by law or government or regulatory authority.
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.
3.5 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.
3.6 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.
4 DEFECTIVE PRODUCTS AND RETURNS
4.1 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.
5 GUARANTEES
You will, upon completion of the Installation, be provided with guarantees from:
(a) 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; and
(c) the manufacturers of the System to cover manufacturing faults and defects with the System.
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; and
(b) the balance of the total price immediately upon completion of the Installation.
6.3 Payment of the Deposit may be made by cheque, debit card or credit card. Payment of all other sums must be made by either debit or credit card. We accept payment with Visa (including Electron Credit), Mastercard, Solo and Maestro. Please note that a 1% fee will be charged on payments by credit card.
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.
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 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 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 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 90 days of the completion of the Installation (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 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 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 LIMITATION OF LIABILITY
11.1 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).
11.2 Subject to condition 11.3, 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.
11.3 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:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
This condition 11.3 shall not, however, prevent claims for foreseeable loss of, or damage to, your Property as described in condition 10.
11.4 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.
11.5 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.
12 EVENTS OUTSIDE OUR CONTROL
12.1 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”).
12.2 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.
12.3 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.
13 DATA PROTECTION
13.1 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.
13.2 The personal information you provide to us, including your contact details and information regarding your Property will be used by us to:
(a) undertake the Installation; and
(b) with your agreement, contact you about our other services and products.
13.3 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.
14 GENERAL
14.1 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.
14.2 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 any System.
14.3 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.
14.4 You may not transfer or sub-contract any of your rights or obligations under these Terms to a third party.
14.5 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.
14.6 Both of us are acting on our own behalf and not for the benefit of any other person.
14.7 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.
14.8 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.
14.9 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.
14.10 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.
14.11 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.