TERMS & CONDITIONS OF BUSINESS
Please read these Conditions carefully as they will form a part of a legally binding agreement between us. If you have received a Project Quote or Quotation, the Order Form and other key documents shall all form part of this agreement (Agreement). If you need any clarification, please feel free to contact us.
1. Business Customers
You are a business customer if you are buying our Goods or Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
If you are a business customer these terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Business Customers Rights
Business Customers have different rights where there is a problem with a product, we don't compensate Business Customers in the same way we compensate consumers for losses caused by us or our Services. Where a term applies just to businesses or just to consumers, this is clearly stated.
3. Our Right to Refuse Services
We may reject subsequent requests for Products or Services for example, because we do not have the capacity, a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our service areas, or for any other reason at our discretion. When this happens, we let you know as soon as possible and refund any sums you have paid.
4. Quotation
4.1 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.2 The Order form shall only be deemed to be accepted, once it has been signed and returned, the quotation has been accepted online, or we issue an invoice at which point the Contract shall come into existence (Commencement Date).
4.3 The Order Form or Quotation constitutes an offer by you to purchase the Goods or Services in accordance with these Conditions. You are responsible for ensuring that its terms and any applicable specification are complete and accurate.
4.4 You waive any right you might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of yours that are inconsistent with these Conditions.
4.5 Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
4.6 A quotation for the Goods or Services given by us shall not constitute an offer. A quotation shall only be valid for a period of 30 calendar days from its date of issue.
5. Supply of Services
5.1 We shall supply the Services to you in accordance with this Contract in all material respects.
5.2 We shall use all reasonable endeavours to meet any performance dates agreed with you in writing, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
5.3 We reserve the right to amend the specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in any such event.
5.4 Any products, parts and materials supplied by us shall be standard parts commonly used in the industry and purchased from a reputable specialist heating supplier. We do not guarantee nor shall be responsible for such products and their operation.
5.5 If we encounter asbestos or the site/property is not safe, we reserve the right to leave and delay works until made safe.
5.6 Every care will be taken by us to carry out works without causing damage to your property. However, we accept no liability for damage to plaster, brick work, render, decorations, walls, flooring or other parts of the property which may be consequent upon carrying out installation and maintenance work.
5.7 Cuts or holes made will not be permanently finished or redecorated. Floorboards will be re-instated where necessary but special and/or laminated floors cannot be permanently fixed.
5.8 Any carpets which need to be lifted will be re-laid to the best of our technician’s ability.
5.9 As it is necessary that pipework is accessible, we will not normally bury them in solid floors or walls and therefore pipes will be exposed in these situations.
5.10 We do not box in pipework. It should be anticipated that an amount of re-decoration may be required after installation / maintenance work. This will be your responsibility.
5.11 We advise you to keep all valuables and expensive items safe and secure for the duration of the works, as we cannot be held liable for any damage, theft or loss.
5.12 We try to minimise collection of materials by carrying everyday stock items in our vans. If we do need to collect materials, we will always try to keep the time to a minimum.
5.13 You shall:
co-operate with us in all matters relating to the Services;
provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; provide us free of charge with the following:
(a) water, washing facilities and toilets;
(b) electricity supply.
(c) adequate storage space.
(d) safe and easy access to your property from the public highway; including any necessary parking permits.
(e) easy access to the location within the property where the installation is to take place by removing all belongings.
6. Installations
6.1 We warrant that the installation services will be provided using reasonable care and skill according to the standards set by the Microgeneration Certification Scheme (MCS). Under the MCS scheme, only certified companies can enter into a contract with a customer for the sale and installation of a system. Our MCS Certification number is: NAP/29360/19/1.
6.2 As members of the Renewable Energy Consumer Code (RECC), we are required to have arrangements in place so that your workmanship warranty from us will still be honoured if we should go out of business during the warranty period. Your workmanship warranty is insured under the IWA scheme. You will receive an individual policy document in your name confirming this.
6.3 We accept responsibility for the work of any subcontractor engaged to undertake the installation work and ensure compliance with RECC.
6.4 We will ensure that the installation complies with the relevant MCS installer standard MIS3005.
6.5 We will also provide all the documentation required as detailed in the appropriate Microgeneration Installation Standard (MIS) within ten days after commissioning. If it is a requirement of the appropriate MIS installer standard, this will include the certificate showing that the installation has been registered with the MCS Installation Database.
6.6 Where products and materials are delivered to, or stored at the installation site, the customer shall not be liable for inspection, storage or handling of those goods.
7. Servicing
7.1 Servicing is charged at a set fee within Kent.
7.2 For sites outside of Kent travel charges, including Return mileage will be charged.
7.3 Travel is charged per mile at our standard rate from our registered office address. This charge will be based on the fastest route, as determined by us. This may not always be the most direct / shortest route.
7.4 A service cannot be conducted whilst the system is faulty or not functioning correctly. If we attend and cannot service due to the system being faulty, our breakdown / maintenance charges will apply, and the service may need to be rescheduled.
7.5 Remedial or repair work required is not included in the servicing cost and is chargeable.
7.6 It will be your responsibility to arrange a suitable time and date for the company to carry out a service. We accept no liability for you missing a service and any consequences, such as your warranty becoming void.
8. Breakdown & Maintenance
8.1 When you agree to have a technician attend your property, you agree to our call out fee + VAT which you will be notified of at the time of booking. Once we are in transit to you the callout fee becomes payable.
8.2 Travel charges and time on site is charged in addition to our callout fee.
8.3 Travel is charged per mile at our standard rate from our registered office address. This charge will be based on the fastest route, as determined by us. This may not always be the most direct / shortest route.
8.4 Return mileage will be charged for sites outside of Kent.
8.5 Time spent on site is charged at our standard hourly rate at a minimum of 30-minutes. Additional time is rounded up to 30-minute intervals.
8.6 Any parts or materials used are chargeable in addition to our time spent on site.
8.7 All repairs carried out by us shall be subject to a 30-day workmanship guarantee starting with the date of completion.
8.8 Subject to section 8.10 and 8.11, If we installed your heat pump there will be no call-out fee within the workmanship warranty period. There will be no call out fee after this period if we have conducted an annual service on the system and section.
8.9 If additional work or parts/materials are required to fix your breakdown/fault a separate quotation will be provided to complete this work. If during the return visit to fit parts, we find further faulty heating system or heat pump components you will be provided with an additional quotation for replacement.
8.10 Where we need to connect new equipment to your heating system, we will not accept liability for the cost of repairing or replacing any existing parts that subsequently develops faults.
8.11 We will not accept liability for failure to or from your existing heating system following installation (not caused by our negligence) such as existing corrosion and sludge or improper electrical wiring.
9. Supply of Goods
9.1 Title to the Goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods and any other goods that we supplied, in which case title to the Goods shall pass at the time of payment of all such sums.
Until title to the goods has passed to you, you shall:
store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
maintain the Goods in satisfactory condition.
10. Delivery
10.1 If stipulated in the Order Form that we are responsible for delivering Goods to your address, the delivery is completed when the Goods are handed to the carrier at our premises. Subject to 6.6, the risk in the Goods shall pass to you on delivery.
10.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.3 If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.4 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
11. Ending our contract with you
11.1 We may end our contract with you and claim any compensation due to us if:
you don't make any payment to us when it's due subject to the grace period of 7 days;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service; and
at our sole discretion.
11.2 Should you wish to terminate the Agreement before it is completed, you shall pay for Charges and expenses already incurred and due to be incurred as a result.
11.3 On termination of the Contract for any reason you shall immediately pay us all of our outstanding unpaid invoices.
11.4 Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
12. Price and payment
12.1 The price of the Goods or Services shall be the price set out in the Agreement, or, if no price is quoted, the price set out in our published price list in force as at the date of delivery or performance of the services.
12.2 We may, by giving notice to you at any time before delivery of goods or services, increase the price of the Goods or Services to reflect any increase in the cost of the Goods or Services that is due to:
any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
any request by you to change the delivery date(s), quantities or types of Goods or Services ordered, or the specification or design; or
any delay caused by any instructions or your failure to give us adequate or accurate information or instructions.
12.3 We may invoice you for the Goods and Services on or at any time after the completion of delivery or performance of the Service, or as set out in the Agreement.
13. You have no set-off rights
You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14. Interest on late payments
If we're unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues 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 the interest together with any overdue amount.
15. Delays outside our control
If our supply of Services or products is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay. If the delay is likely to be substantial you can contact our Customer Service Team to discuss options available to you. If after further contact you still wish to end the contract and you will receive a refund for any Services or products you have paid for in advance, but not received, less reasonable costs we have already incurred.
16. You're responsible for making sure that the information you give us is accurate.
16.1 You must ensure that you:
Ensure that the terms of the Agreement, and any information it provides in the Specification are complete and accurate;
Co-operate with us in all matters relating to the Services;
Provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as reasonably required;
Provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
Prepare your premises for the supply of the Services;
Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
Keep all materials, equipment, documents and other property of the Supplier at your premises in safe custody at its own risk, maintain them in good condition until returned to the Supplier, and not dispose of or use them other than in accordance with the Supplier’s written instructions or authorisation; and
Comply with any additional obligations as set out in the Contract.
17. We may charge if you don't give us info we need or do preparatory work as agreed with us
17.1 We will seek to accommodate small delays without recourse to additional charges, however, you may incur additional charges at our standard hourly rate if we cannot access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us, or it is not of the necessary quality. Without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until you do so.
17.2 We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations and you shall reimburse us on demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.
18. Your rights and remedies if you are a consumer.
We honour our legal duty to provide you with products that are as described to you and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
If your product is goods, for example a heat pump part, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Once the goods are either provided to you or installed, you are not entitled to return them. Save that, During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
19. Your rights if you are a business.
We warrant that on delivery, any products which are goods shall:
conform in all material respects with their description and any relevant specification;
be free from material defects in design, material and workmanship;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by us.
20. Your remedies if you are a business.
Unless an exception applies (see Exceptions to business customers' warranty) if:
you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty (if any);
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
21. Exceptions to business customers' warranty.
We will not be liable for a product's failure to comply with the business customer warranty if:
you make any further use of such product after telling us it is non-compliant;
the defect arises because you failed to follow our oral or written instructions as to the storage, Installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
the defect arises because we followed any drawing, design or specification supplied by you;
you alter or repair the product without our written consent; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
22. We can change Services and these terms.
22.1 We can always change our Services:
to reflect changes in relevant laws and regulatory requirements; and
to make minor technical adjustments and improvements, for example to address a health and safety concern.
22.2 We can always change these Terms subject to notifying you via email in advance.
23. We may increase our Charges.
We reserve the right to increase the Charges, but we will keep you informed of any changes during the term of this Agreement.
24. Losses caused by us or our Services or products.
24.1 Our liability to businesses.
If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
we shall not be liable for any losses caused by a third party who is not an employee of the Supplier, such as, but not limited to, a subcontractor or an engineer that we have outsourced the Services to; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you under the Contract.
24.2 Our liability to consumers.
If you're a consumer, then, except in respect of the losses described in Losses we never limit or exclude:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
we shall not be liable for any losses caused by a third party who is not an employee of the Supplier, such as, but not limited to, a subcontractor or an engineer that we have outsourced the Services to; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1,000.
25. Losses we never limit or exclude.
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
26. Your personal data
How we use any personal data you give us is set out in our [Privacy Notice](/privacy-policy)
27. Dispute resolution
27.1 If at any time a dispute arises between the Parties, both shall make reasonable endeavours to resolve the dispute in good faith and without undue delay.
27.2 If the dispute cannot be resolved, you can escalate the matter to RECC’s dispute resolution procedure provided it falls within their remit, which is disputes relating to the sale and installation of domestic renewable energy systems. Further information can be obtained at www.recc.org.uk/consumers/how-to-complain
27.3 If an agreement is not reached through mediation for any reason, the matter can be referred to RECC’s independent arbitration service.
27.4 An award made under the independent arbitration service will be final and legally binding.
27.5 Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. Their contact details are as follows: NAPIT - Address: 4th Floor, Mill 3, Pleasley Vale Business Park, Mansfield, Notts, NG19 8RL / Phone: 0345 543 0330 / Email: info@napit.org.uk
28. Law
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
29. Other important terms apply to our contract.
29.1 We can transfer our contract with you, so that a different organisation is responsible for supplying the Services or the product. We'll tell you in writing if this happens and if you are a consumer, we'll ensure that the transfer won't affect your rights under the Contract. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for the Services or products not provided.
29.2 You cannot transfer your Contract with us to someone else.
29.3 Nobody else has any rights under this contract. The contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
29.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
29.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
