Terms and Conditions
Customer Installation Terms and Conditions
These terms and conditions apply to the supply to the customer, and delivery and installation at the customer’s address, of the Products by the installer – please read them carefully.
Delivery & installation
1. We will contact you to agree a date to carry out installation of the Products. If we are unable to install on this date, we will contact you at least 24 hours beforehand to agree an alternative.
2. We require access to your property to carry out the installation. Where no access can be gained on the agreed date, we will contact you to arrange an alternative date.
3. If repeated failed attempts are made to access the property on agreed dates, we have the right to cancel the contract, in which case there can be no guarantee that any further quotations would be provided at the same price.
4. The time estimated to complete the installation is our best estimate and we are not responsible, or liable to you, for any delays in completing the installation which are due to events outside our reasonable control (see below).
5. The time for delivery and installation of the Products is not a condition of the contract and we are not liable to you for any costs, losses or loss of income that you may incur as a result of changes to the time of delivery and installation.
6. We shall ensure that any plasterwork and/or brickwork and/or ground surface that are disturbed during the course of installation are left in a reasonably safe, secure and water-tight condition. We shall take reasonable care to avoid any excessive dirtying or excessive and
unnecessary disturbance to the property and will leave the area where work has taken place in a safe, clean and tidy condition.
7. When installation has been completed, we shall:-
(a) Where appropriate given the nature of the Products, check to ensure the Products are working correctly.
(b) Where appropriate given the nature of the Products, provide instructions for use.
(c) Provide any supporting certificates relating to the installation.
8. Installation does not include:-
(a) Redecoration or reinstatement of fixtures or fittings damaged as a result of the installation unless such damage was caused by our negligence, or redecoration or reinstatement was agreed in advance with the customer and detailed within this document.
(b) Any improvements to apparatus, systems, machinery, installations or equipment other than the Products which might be required to bring your property up to standards required by law or regulation (such as to your electrical or central heating system)
(c) The removal of asbestos or any other hazardous substance.
(d) Set up of connectivity of Wi-Fi or Satellite TV.
(e) Any costs which do not reasonably fall within the costs of standard installation, such as additional wiring or additional time due to complexities with your central heating system.
(f) Repair of any pre-existing faults or damage to your property that we discover in the course of installation.
9. It is the customer’s responsibility at its own expense (unless otherwise agreed in writing) to obtain all required permissions and consents (eg planning permission or listed building consent) before the installer carries out the installation.
10. You will ensure that all necessary facilities, services and supplies are made available to enable the installation and the correct functioning of the Products.
11. You will clear and/or remove all items to enable the installation to take place and to allow safe access.
12. You will remove all hazardous materials from the property before
installation (such as asbestos).
13. You will, where relevant, notify us of all existing cables, water and gas pipes etc to enable the Products to be installed.
14. If you cannot be present during installation, you will ensure that an authorised person over the age of 18 is present, who must be authorised to consent to the installation.
15. You will indemnify us for any costs, expenses, losses and/or liabilities arising that we incur as a result of your failure to comply with the above obligations.
Guarantees of the Products/Issues with Installation
16. The Products come with a manufacturer’s guarantee. Details of the manufacturer’s guarantee, including expiry date, exclusions and how to make a claim will be provided to you by us as soon as reasonably practicable following completion of installation.
17. In the unlikely event that there is any defect in installation of a Product, (a) please contact us and tell us as soon as reasonably possible; (b) please give us a reasonable opportunity to repair or fix any defect; and (c) we will use every effort to repair or fix the defect in installation as soon as reasonably practicable.
18. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if any Products supplied are faulty or not as described. Anything set out above is in addition to, and does not affect, your legal rights in relation to the services carried out by us or Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Liability to the customer
19. If we fail to comply with our obligations under this contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
20. We only supply and install the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21. Nothing in these terms and conditions excludes or limits our liability to you for (i) fraudulent misrepresentation, (ii) for any death or personal injury caused by our negligence, (iii) under the conditions implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 or (iv) for breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
22. The seller is under legal duty to supply goods that are in conformity of the contract.
Events Outside Our Reasonable Control
27. We will not be liable to you for any failure to perform, or delay in
performance of, any of our obligations under these terms and conditions that is caused by an event outside our reasonable control. Some examples of such events include strikes, lock-outs or other industrial action by third parties, riot, terrorist attack or threat of terrorist attack, fire, explosion, storm, flood, earthquake or other natural disaster, or failure of public or private telecommunications networks.
28. If such an event takes place and it affects the performance of our
obligations under these terms and conditions, we will contact you as soon as reasonably possible to let you know, and our obligations will be suspended, and time for performance of our obligations will be extended, for the duration of the event. Where the event affects performance of our services to you, we will restart the services as soon as reasonably possible after the event is over.
29. You may cancel the contract and installation by giving us written notice if an event outside our reasonable control takes place, we have suspended our obligations and you no longer wish us to provide the services to you under these terms and conditions. We may cancel the contract and installation if the event continues for longer than 2 weeks. In each case, we will refund to you any advance payment you have made.
Right to Cancel
30. Work cannot start within the statutory 14 day cooling off period which starts following our acceptance of your order (as provided for on the first page of these terms and conditions) unless you specifically request this. If you wish work to start before the 14 day cooling off period has finished, you should make this request to the installer to see whether this is possible.
You have the right to cancel the contract and installation of the Products:-
(a) if you have not specifically requested that work start during the 14 day cooling off period, at any point during that period, without incurring any charges; and
(b) if you have specifically requested that work start during the 14 day cooling off period, and the installer has started work, at any point during the 14 day cooling off period. You should note that, in such circumstances, you will be liable for the reasonable value of work done up to the time of cancellation, you may not be entitled to any refund in respect of the Products if these have already been installed and, If the installation has been fully completed, you may be required to pay in full.
31. Should you wish to cancel the installation, you should contact the installer using the details shown within this document as soon as possible.
32. The Installer has the right to cancel the installation and this contract at any stage of the work if the installer reasonably believes that your property is unsuitable for installation or where health and safety issues mean it cannot proceed. In these circumstances, you would not be liable to the installer for any costs, nor would you be able to recover any costs from the installer resulting from this cancellation.
Use of Personal Data
The personal information that the installer and other relevant organisations may process includes, but is not limited to, the customer’s contact details, information about their electricity supply and state benefits.
The installer and those relevant organisations will protect and process the customer’s personal information in accordance with their data protection policy, a copy of which is available on request.
The installer will use personal information which the customer supplies primarily to carry out obligations to the customer. This may include using the customer’s personal information:
(a) to centrally register their property’s energy performance,
(b) to check their state benefits, and
(c) for statistical analysis.
Sharing customer information
The installer may share the customer’s information with, and obtain information about the customer from, different organisations to enable the delivery of ECO, for example with:
the energy supplier, who will be providing funds for the ECO installation, and OFGEM, who collate data on ECO delivery;
(a) with the relevant insurance organisation(s) if the customer requires insurance or product guarantees, who may place their data onto a register of claims and share it with other parties to help prevent fraudulent claims;
(b) the Secretary of State, the relevant Ombudsmen, The Office of Fair Trading, or any other person as required by law, regulation or in connection with legal proceedings; or
(c) any other company in any corporate group of which the installer is a member or any company, business or intermediary associated with the installer, including third parties that provide services on their behalf.
For further information on how the customer’s information is used, how the installer maintains the security of the customer’s information and the customer’s rights to access information the installer holds on the customer, please contact the installer.
The Company will review and investigate thoroughly all complaints. It is recognised that complaints will from time to time arise and as part of the internal review and corrective/preventative actions and its approach to continual improvement as outlined in the quality policy will aim to reduce complaints to an acceptable level and nature. Complaints relating to a job directly will also be shared with the EEM Specifier. Complaints can be received in a number of ways:- 1.1.1 Telephone 1.1.2 Fax 1.1.3 Email 1.1.4 Post 1.1.5 In person 1.2 Where initially the complaint is raised in person or by telephone the basis should be ascertained and where possible may be resolved if minor in nature by discussion with the Responsible Person or Works Manager. 1.3 Where the complaint cannot be resolved by direct discussion/meeting then it must be recorded in the complaints log within the online system, ensuring all fields are completed, presented and then updated to the EEM specifier and confirmed to the customer within 10 working days. 1.4 After logging, the complaint should be passed to the Nominated Person (unless the complaint is about the Nominated Person) in which case it should be passed to another suitable senior member of staff or where this is not possible via © QMSA LTD 2013 Green Deal Quality Management System Page 22 of 25 the Certification Body/Green Deal Oversight body as necessary. 1.5 Any complaints relating to the installation will also be sent to the point of contact at the Green Deal Provider (GDP) 1.6 The nominate person will be responsible for ensuring the complaint is received and an outcome from the GDP returned. 1.7 If a complaint is received via a GDP then the complaint process outlined above will be followed and upon completion a response generated for the Green Deal Provider. 1.8 The investigator should then gather facts pertaining to the complaint and present his findings to the complainant within agreed timescales or in compliance with scheme or consumer code requirements. 1.9 Where complaints are upheld a suitable outcome should be agreed with the customer and the details of the complaint presented at the internal review meeting for discussion as part of the non-conforming products and preventative/corrective actions procedures as well as forming part of the ongoing continual improvement procedure. 35. The installer aims to provide you with a high standard of service. However if you wish to make a complaint about any matter relating to the installer or the work, please contact the installer at the details provided within this document.
Law and Court Jurisdiction
36. These terms and conditions are governed by English law. You and the installer both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
Privacy NoticeThis notice is issued on behalf of all relevant organisations that may collect, share and use the customer’s personal information to process their Energy Commitment Obligation (ECO) application.