Absolute Solar and Wind Limited – Standard Terms and Conditions of Contract

 

1. DEFINITIONS

"Goods" means any goods and/or services provided by the Company as ordered by the Client.
"Company" or “we” means Absolute Solar and Wind Ltd
"Client"  or “you” means the person, firm or company placing an order with the Company

"Domestic” means  an order for an install attached to a  dwelling or site used for a single dwelling

“Commercial” means  an install attached to a building or site which is not Domestic

“Standard Terms and Conditions of Contract” means these conditions

 

2. APPLICATION

These terms and conditions apply to any provision of services or materials by the Company to the Client. These terms apply to both domestic and commercial clients unless specifically identified.

 

3. FORMATION OF CONTRACT

All Goods sold by the Company are sold subject to the Company's standard terms and conditions  which form part of the Client's contract with the Company. Terms and conditions on the Client's order form or other similar document (other than the Standard Terms and Conditions) shall not be binding on the Company. Reference herein to a “section” is to a section of the Standard Terms and Conditions of Contract.

 

4. QUOTATIONS and Install Teams

 

·         The company will hold the prices and delivery time as quoted and within the timetable agreed with you

·         The Company shall be entitled in Domestic installs to use Contract Installers for all or any part of the work of installers, appropriately trained by and  fully  approved by the Company.

·         The Company is fully accountable for all work carried out completed during the install

·         We will inform you of the Installer details in Domestic installs prior to Installation

 

·         The Company shall be entitled to subcontract all or any part of the work to appropriately trained installers in the case of Commercial installs.

 

5. Key Facts

These are just an outline of some of the key facts and you are therefore directed to read the remaining conditions in the Standard Terms and Conditions in advance of signing the contract.

 

Our main obligations to you:

·         We will carry out the work with all reasonable skill and care according to the timetable agreed with you.

·         For domestic clients, we will carry out the work and all communication with you according to the REAL Assurance Scheme Consumer Code.

·         We will provide you with a guarantee that covers both the installation and the goods installed.

 

Your right to cancel (Domestic installs only):

·         You can cancel this contract and receive a full refund of your deposit by sending the written notice by recorded delivery to be received by the Company no later than 7 working days after the date on which this contract was signed; this is known as the cooling off period.

·         If there is a severe or unreasonable delay beyond the “cooling off period” not caused by you, or by events beyond our control, then you will have a right to cancel this contract and receive a full refund.

·         If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund. (You can also seek the other remedies detailed in section 14.3 of this Contract).

·         If you agree to the company to start to install the system during the cooling-off period you will forgo your rights to a full refund and conditions in 14.1.1 will apply

 

Your main obligation to us:

·         You will be asked to pay a deposit when you sign the contract. This deposit will be no more than 25% of the total contract price.

·          You may be asked to make a further advance payment once equipment has been delivered to site. This will not be taken at the same time of the deposit and will not be more than a further 35% of the total contract price.

·          It is your responsibility to get the necessary permissions and approvals for the work to take place. We will endeavour to direct you to the appropriate procedures to assist you however the responsibility is yours.

·         If you fail to pay on time or cause the work to be delayed we may stop work and charge reasonable additional costs, losses, damages and expenses together with interest thereon at the rate specified in section 8.6 until paid..

 

 

 

6.0 ACCEPTANCE OF PROPOSAL

 

6.1 The Quotation is valid for a period of 30 days from the date of posting. If you wish to proceed then you must sign both copies of this Contract and return one of these to our address. The Quotation is provided on the basis that no Contract is in place until we send an acknowledgement of the order to you. In the case of Domestic installs this  is in the form of a receipt of deposit.

 

6.2 We will rely upon the written terms set out in the Contract including those in the Standard Terms and Conditions. Please read these carefully before signing them. If you need any explanations about these terms please write or telephone us at the address and telephone number provided and we will endeavour to assist you.  Ultimately however it is for you to satisfy yourself on the meaning and effect of the Contract. If any amendments to this Contract are required you must confirm these in writing and they must be agreed by an authorised representative of this Company.

 

The Cooling Off Period – ( This applies to Domestic Installs only )

6.3   As mentioned in section 5 you can cancel this Contract by sending us written notice using the cancellation form provided to you to be sent by you to the address provided. You must send that written notice by recorded delivery to be received by us no later than 7 working days after the date on which this Contract was signed; this right is known as the “Cooling Off Period”. If there is a severe or unreasonable delay beyond the “Cooling Off Period” not caused by you or by events beyond our control then you will have a right to cancel this Contract and receive a full refund.  If you cancel after that period, then unless we are in breach of this Contract, the conditions set out in section 14.1.1 of this Contract will continue to apply. All Commercial installs  carry no cooling off.

 

 

7. Our MAIN OBLIGATION to you is to do the work with all reasonable skill and care according to the timetable set out in the Quote and agreed in the Contract.

 

7.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described in the Quotation. The goods we supply must:

·          be of satisfactory quality;

·          be fit for purpose; and,

·          operate as we described to you.

 

The Timetable

7.2   We agree to supply the goods and carry out the installation work as specified in the

timetable discussed and agreed with you before you sign the contract..    When we have received the deposit we must have discussed that timetable with you

 

7.2.1 We may adjust that timetable after discussing this with you according to the conditions set out in section 13 of this Contract. If we fail to carry out the work according to that timetable then the conditions set out in section 13 of this contract will apply.

 

 

 

7.3 For Domestic installs we will carry out the work and all communication with you according to REAL Assurance Scheme Consumer Code.  As a member of this Scheme our obligations include (but are not limited to) giving you:

·         a detailed Quotation that includes:

o    the price for installing your equipment

o    an itemised list of the equipment to be supplied

o    an itemised list of all design, installation and other services to be provide 

o    an itemised list of services not included in the Quotation which you will need to provide

o    any relevant taxes such as VAT

o    a right to cancel this Contract by sending written notice to us using the cancellation form and address provided by us (see section 6.3).

o    accurate information about approvals and permissions needed for the proposed system and any  financial incentives available for that work.

o    a written estimate of how the system will perform, calculated according to the relevant MCS installer standard .

o    a timetable for supplying the goods and for carrying out installation work.

o    detailed information about any work you need to do before the installation can begin and about when that work needs to be carried out.

o    accurate and truthful information both in our verbal communication with you and our marketing literature and advertising.

 

As members of the REAL Assurance Scheme we must have and do carry appropriate insurance to cover possible third-party damage, which may be caused by any of our activities in supplying a small-scale energy generator to you .

 

7.4 The installation must comply with the relevant MCS installer standard. MIS 3001 for Solar Thermal, MIS 3002 for Solar PV and MIS 3003 for Wind

 

7.5 At the end of the contract provided there are no sums outstanding from you to us we will give you any guarantees, test certificates and other relevant paperwork related to your goods and installation. Subject as aforesaid we should give you this within seven days of the installation being completed.

 

7.6 Subject to you having paid all outstanding balances to us we will provide you with guarantees that cover the goods and installation. This must comply with the REAL Assurance Scheme Consumer Code.

 

7.6.1  The terms  of the guarantees are detailed in the formal quotation provided to you

 

8. Your MAIN OBLIGATION to us is to make the payments due to us

 

The Deposit

8.1 You will pay us the deposit specified in the Quotation when you sign this agreement. The deposit shall not amount to more than 25% of the total contract price set out in the Quotation.  If you are a domestic client and should you decide to cancel the contract within the “Cooling Off Period” (see section 6.3) we will return that deposit to you in full.

 

8.1.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full and the contact will be at an end..

 

Advance payments

8.2 We may require you to pay a further advance payment. Such a further advance payment, taken together with the deposit will be more than 60% of the total price in the Quotation and will only be used to carry out this installation, for example to purchase goods. We explain in detail in the Quotation when invoices will be sent and the amount due for each payment.

 

8.2.1  We will only begin to  use the money in your deposit when we start to purchase goods for your install. . The relevant conditions set out in section10 will apply.

 

8.3 For domestic installs we will not ask you to pay in advance more than 60% of the total contract price set out in the Quotation.

 

8.4 If we fall into receivership, liquidation, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in section 10 of this Contract.

 

Final Payment

8.5 The balance outstanding on the contract price is due and payable on completion and commissioning of the installation. We will issue you with an invoice when the work is complete and has been commissioned.

 

8.5.1  You will not be entitled due to any alleged defect to withhold more than a reasonably proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged defect you must give us written notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment.  Once any alleged defect has been rectified payment of any outstanding balance will be due and payable by you to us.

 

 

Consequences of late payment

8.6 If you fail to pay the amount specified in an invoice by the due date then we may charge interest on any balance outstanding until the full amount is paid. The interest rate we charge will be 3% per annum above the base rate set by the Bank of England.

 

8.6.1 If we do not receive payment by the seventh day after payment is due, then we may give you written notice that we intend to stop work on the installation. Once we have sent you this written notice, we may suspend all work until payment is made.

 

8.6.2 If you are in breach of this Contract because you have failed to make an agreed payment, and we have suspended work on the installation, as detailed in section 8.6.1 then we may be entitled to recover any additional costs we incur. We will provide you with written notice containing full particulars of any claim for compensation within 21 days of any suspension of work.

 

8.7 We may require you to return and deliver up the goods to us. Failing this we will take legal proceedings to recover the goods or their outstanding value.

 

8.8  In Commercial installs title to the goods will not pass to you until the full balance due by you to us has been paid in terms of the contract.

 

9 Your other obligations to us

 

9.1 You must obtain all relevant permissions (such as planning and building consents) that are necessary before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you must make those available otherwise we shall be entitled to delay commencement of the work and the terms of section 13.3 will apply.   

 

Supply of services

9.2 You must agree to provide the following for our use free of any charge:

·         water, washing facilities and toilets;

·         electricity supply;

·         access to wc facilities

·         adequate storage space;

·         safe and easy access to your property from the public highway;

·         easy access to the location within the property where the installation is to take place by removing all belongings.

 

 

Commercial: Installations insurance cover for equipment delivered: Delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a  deputed messenger or courier when posted

 

Domestic Installations: our insurance will cover goods stored in a locked location eg locked garage, Where this is not possible please arrange cover from your home insurance company.

 

9.3   You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Quotation can start. If so, we will describe this to you in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start, then the  terms of  section13.3  will apply.

 

Additional charges

9.4 Should you be in breach of conditions set out in sections  9.1, 9.2 and 9.3  you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs . If this happens then section12 of this Contract will apply.

 

10. Delivery, Title and Risk

 

10.1 We will deliver the goods to the location detailed in the Quotation. You or your representative must be present to accept delivery otherwise delivery may not take place and the terms of section 13.3 will apply.

 

10.2 For Domestic installs, in order to protect your deposit and advance payment made before we deliver the goods, in case we fall into receivership, liquidation, administration or bankruptcy,  then we must:

 

·         ensure that you are covered by the Deposit and Advance Payment Insurance Scheme , an insurance-backed guarantee (as described below);

and

·          place your deposit  in a third party account (as described in section 10.4 below).

 

Deposit and Advance Payment Insurance Scheme

 

10.3 For Domestic installs only your deposit  will be insured through an insurance scheme. We will provide you with details of the scheme, and you will receive a policy directly from the provider once you have signed the Contract. In this way, your money will be protected should we fall into receivership, liquidation, administration or bankruptcy before the goods have been delivered.

 

 

The Client Account

 

10.4 For Domestic installs only we will place your deposit and advance payment made before the goods have been delivered to your property in a special “client bank account” . This money can only be used for work carried out under this Contract.

 

10.4.1 For Domestic installs only if we should fall into receivership, liquidation, administration or bankruptcy then the money in that dedicated bank account will be returned to you or passed to another supplier who will complete the work. Only when we purchase goods on your behalf (to the value of the sums held in this account) will  we be entitled to transfer those sums from the dedicated bank account for our own benefit.

 

10.5 For Domestic installs only where your money has been used to make specific purchases on your behalf, then legal title to those goods, or the proportion of them you have paid for, will pass to you..

 

10.6 Goods belonging to us may be delivered to the site. If you or your representative are not present to accept delivery we may not deliver the goods and implementation of the contract may be delayed in which event section 13.3 will apply. If the contract is terminated early for reasons detailed in section 14.3 of this Contract then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you  any of your money which was used to purchase a proportion of the goods, if applicable. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.

 

10.6.1 If the Contract is terminated early for reasons detailed under section 14.4 of this Contract then, with reasonable notice, you must return and deliver the goods to us. If this happens you may have to pay compensation for reasonable costs, damages or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made.

 

10.7 Until ownership of the goods passes to you, you must:

·         store the goods separately in such a way that they remain readily identifiable as our property;

·         not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;

·         maintain the goods in a satisfactory condition.  

 

11 Change of work

11.1 If, after signing the contract, you want to change the work, you must consult with us first.  We may be able to incorporate your changes into the installation provided that:

·         it is technically possible;

·          we have the necessary resources;

·         the necessary permissions are in place.

 

11.2 If we agree to this change of work you must

·         confirm this in writing; and

·          do so within 14 days of when you first tell us.

 

11.3 We will then adjust the price:

·         by written agreement beforehand, if possible; or if not then

·          by later written agreement; or if not then

·         by referring to any priced documents, if this applies; or if not then

·         by a reasonable amount for the work done  or goods supplied.

 

11.4 Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. We will try to keep those costs to a minimum.

 

12 Unexpected work

12.1 A quotation will be given to you detailing the hourly or daily costs that will result from any unexpected work due to site conditions or special circumstances beyond our control  as soon as reasonably possible following this becoming reasonably apparent. .

 

12.2 Where unexpected work arises, we will tell you and ask how you want us to proceed.  If you want us to continue then section 11.3  will apply. If you do not wish to continue then you will pay us the outstanding balance of the contract sum irrespective of whether we are able to complete the work or not.

 

13 Changes to Agreed Timetable

13.1 We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control, especially when third parties are involved in installing other, related works. We cannot be held responsible for those delays. If such delays occur we will complete the work as soon as reasonably possible.

 

Consequence of delay caused by us

13.2 You may be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.

 

13.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality, so long as they are Microgeneration Certification Scheme certified.

 

13.2.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section 14.2 of this Contract.

 

Consequences of delay caused by you

13.3 We will seek to accommodate small delays without recourse to compensation.

 

13.3.1 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 11.3 and subject to section12 of this Contract.

 

14 Cancellation of this Contract

Your rights

 

14.1 As detailed above in section 6.3 of this Contract, if you are a domestic install, you can cancel this contract by sending us written notice by recorded delivery to be received by us no later than 7 working days after the date on which this contract was signed.

 

14.1.1 If you cancel this Contract after the period referred to in sections 14.1 and 6.3 of this contract then you may subject to section 6.3 have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum  We have a right to retain all or part of your deposit and any further payment, if made, as a contribution

 

14.2  For Domestic installs, if there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you will be entitled to cancel the contract and receive a full refund. This is in line with the REAL Assurance Scheme Consumer Code and the [Supply of Goods and Services Act 1982].

 

14.3 Additionally for Domestic installs, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:

·         cancel the contract and receive an appropriate refund; or,

·         request a repair or a replacement; or,

·         ask for compensation.

 

You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or you decide you no longer want some or all of the components.

Our rights

14.4 If you are in serious breach of your obligations as set out in this Contract and you fail to remedy that breach within 14 days of receiving written notice from us about that breach, then we have a right to cancel the contract and recover the full contract sums from you together with interest thereon at the rate stated in section 8.6 applied after you have had a reasonable opportunity to rectify the alleged breach and have failed to do so.. We must give you reasonable opportunity to rectify the alleged breach.

 

14.5 If we suffer a loss as a result of your breach of contract, we must take reasonable steps to prevent the loss from getting worse. If your breach of contract leads to a cancellation then you will  have to pay compensation for reasonable costs  losses and damages reasonably incurred.

 

15 Conciliation and arbitration

15.1 If at any time a dispute arises between you and us which cannot be resolved amicably then both you and we can refer the matter to conciliation. We must agree to conciliation if that is your wish.

 

15.2 The conciliation service that will be used for  arbitration of Domestic installs is that offered by the REAL Assurance Scheme and is described in the Consumer Code. It aims to reach a non-legal solution to the dispute in a reasonable timescale. The REAL Assurance Scheme will appoint a suitably qualified independent expert (or experts) to consider the matter in the light of consumer protection legislation in force. After considering all the evidence, either in writing, or in a face-to-face mediation, the expert will make recommendations for resolving the issue. Neither party will be bound by these recommendations, though both are strongly encouraged to accept them in the interests of resolving the dispute speedily and effectively.

 

15.3 If the conciliators recommendations are not acceptable for any reason, you can refer the matter to the independent arbitration service and we must agree to arbitration if that is your wish. If we would like to seek arbitration then we must seek your permission first. The procedure used for independent arbitration is described in the REAL Assurance Scheme Consumer Code. You will have to pay a fee equivalent to the County Court small claims procedure fee applicable in England from time to time. This fee will be refunded to you if the arbitrator finds in your favour.

 

15.4 The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration  Act 1996.

 

 

16 LEGAL SYSTEM

 

Notwithstanding section 15 the contract will be subject to interpretation under Scots Law.

 

17. FORCE MAJEURE

We will not be liable to you for any loss or damage suffered by you as a direct result of the Company being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, delay in transit, postal delay, or any other not reasonably foreseeable cause.

 

Absolute Solar and Wind Ltd 32 Jordanvale Avenue, Glasgow G14 0QP     www.absolutesolarandwind.co.uk    SC 328796