We guarantee fast and discrete handling of all your business tasks. Our team of highly qualified employees is available day and night – because your satisfaction is our highest priority.
These are the Terms, which together with the Order comprise the Contract. Within these Terms, the following definitions shall apply to the defined words and expressions, unless the context requires otherwise:
1 You should read these Terms carefully and check that the information shown in the Order is correct. We intend to rely on these Terms, so if You require any changes to hem, please ask for the change to be confirmed in writing and prior to the Contract being formed.
Commencement
2 The Order is an offer by You to enter into the Contract with Us. We may accept or decline the Order at Our absolute discretion and We shall not be liable to You in anyway where We decide to reject the Order. The Contract shall come into force when We issue You with an Order Confirmation..
Specification of Goods
1 The Goods are described in the Order.
2 We may have shown you samples, drawings, illustrations, catalogues or brochures to provide you with an approximate idea of the Goods, layout or positioning that they may vary slightly from the colour or composition shown, if you are unhappy with product presented we would always honour the right for you to let us know.
3 We have taken measurements for your Goods to enable Us to order the right materials to complete your order. It may be necessary for us to carry out a survey to verify our measurements and to develop an Installation Plan (see Preparatory Work.
Performance Calculations
4 We have estimated the energy performance calculations and provided these with Your quotation. Our standard calculations are based on the approved HIES, EIC,PVS and MCS Calculations. Where We have referred to energy inflation or other statistical information, We have used information publicly available from the Office for National Statistics.
5 The performance of energy systems is impossible to predict with certainty due to the variability in fuels and energy sources, climatic variations, local obstructions or environmental conditions and differences from location to location. The estimates provided in this contract are for guidance only and must not be considered as a guarantee of performance.
Preparatory or Emergency Work
6 We will commence work on preparing the Goods for delivery and developing an Installation Plan from the Commencement Date. We may, at Our discretion, wait until Your right to change Your mind elapses (see Rights to Change Your Mind).This must be the exact same legal entity name as shown on your HIES Certificate.
7 Our preparatory work may include a survey of Your property, assessment for an Energy Performance Certificate (EPC) or any other preparatory matter. Our fees and charges for preparatory work are clearly shown on the Order. By placing the Order, You give Us permission to go ahead with any Preparatory Work specified in the Order. If You change Your mind and cancel the Contract after commencement of these Preparatory Works, You will be charged a reasonable proportion of the fees shown for them on the Order.
8 If You have requested Emergency Works, this will be clearly shown on the Order and You shall be deemed to have given Us permission to commence with these Emergency Works straight away. In this case We may take temporary action to make Your property safe, secure and watertight, before completing a full repair or replacement as set out in the Order You understand that this means You cannot change Your mind and cancel the Contract in respect of those Emergency Works.
Variations
9 We may need to make minor changes to the Goods specified on the Order if there is a change in laws, regulatory or technical requirements or improvements. These changes will not adversely affect the use or nature of the Goods.
10 You may ask Us to make changes to the specification of the Goods in advance of delivery. We will then advise You if Your requested change is possible and any consequences of that, including to the Price, the Delivery Date or anything else. Any agreed change will be confirmed by Us in writing.
11 During Our Preparatory Work (perhaps as a result of a survey or as a result of Your EPC assessment), it may be necessary to make more substantial changes to the Order. We will discuss these with You to determine if the change is possible and any consequences of that, including the Price, the Delivery Date or anything else. If significant changes are required, We will place the Contract on hold for up to 14 days to enable You to consider whether or not You wish to proceed. At the end of 14 days, if no agreement on changes is reached, the Contract will be terminated. You will receive a refund of any deposit paid within a further 14 days less, at Our discretion, any fees and charges due for the Preparatory Work completed so far. Any agreed change will be confirmed by Us in writing.
Changing Your Mind
12 You have the right to change your mind and cancel this Contract within 14 days from the date of signing the contract without giving any reason. This does not apply to the extent that the Contract includes Emergency Works.
13 To change Your mind and cancel the Contract in accordance with the above clause You should tell Us as quickly as possible and confirm this in writing. We have supplied a tear off slip below which You can use, but You do not need to. You can notify Us by any means (see Contact Us).
14 You should think carefully about the consequences of cancelling the Contract at different stages. However, You may change Your mind and cancel the Contract from the Commencement Date to14 days after the date of signature. This is over and above Your statutory rights. In the event that you have requested an express installation, you waive your rights to contract cancellation and the 14 day cancellation period is not applicable in this instance.
Charges
15 You reasonable fees for the work done so far and the reduced value of the Goods. If the work has been completed, this could mean that you could be charged a significant proportion of the agreed price.
Delivery and Installation
16 Any additional delivery or installation costs will be shown on the Order (or any agreed variation to it),otherwise Your delivery and installation costs are included in the Price.
17 We aim to complete the delivery and installation on or about the Delivery Date, but We will liaise with You over any reasonable changes to that.
18 If a change or delay is caused by something that is within Our reasonable control, We will notify You as soon as reasonably possible and agree with You an alternate Delivery Date. We will take steps to minimise the delay and, if the delay lasts for more than 60 days from the original Delivery Date (unless You have asked for a longer period), We will allow You to cancel the Contract. You will receive a refund of any deposit paid within a further 14 days less, at Our discretion, any fees and charges due for the Preparatory Work completed so far.
19 If a change or delay is caused by something that is not within Our reasonable control (see Events Outside Our Control),We will notify You as soon as reasonably possible and the change or delay and the reasons for it. All work will be completed within a reasonable time.
20 We will prepare for You an Installation Plan. Once this has been created and sent over along with all of the calculations and information regarding the system, as long as you are happy you can then sign this and we can continue with the process.
21 Each installation is different and the specific requirements for Your installation will be set out in Your Installation Plan, but generally:
21.1 You permit Us (Our installation team and contractors ) safe access to, around and egress from the installation site at all reasonable times and, unless otherwise stated in Your Installation Plan and agreed by You, between the hours of 08:00 and 18:00.
21.2 You agree to have relocated any television systems at or near to the energy systems installation; and
21.3 You agree to provide Us (Our installation team and contractors) with access to hot and cold running water and reasonable use of Your power supply whilst onsite.
22 We will ensure that there is adequate sheeting, protective covering and barriers to prevent unnecessary damage to Your home. This includes for the prevention, as far as is reasonably practicable, of the spread of dust or rubble.
23 We remove all waste from site
24 In circumstances where We agree to remove waste from the installation site, You understand that unless We agree otherwise, We shall not be responsible for removing any waste which is not produced as a direct consequence of Our performance of the Services or delivery of the Goods, that is hazardous (including but not limited to asbestos),or which otherwise comes from Your home or garden.
25 It is possible that a problem with Your property will become apparent during the course of the installation. This could include structural defects, underground obstructions, presence of asbestos or hidden cabling. We will draw this to Your attention as soon as possible and agree with You a plan to resolve the problem if possible, which may involve You bringing in other contractors which will be at Your expense or additional costs to Your planned works.
Permission and Approvals
26 You are responsible for gaining any necessary approvals including but not limited to any planning permissions, building regulations, local authority permits and approvals, landlord approval or deed of covenant. By permitting Us to provide the Goods and carry out the Services You warrant to Us that this has been done. The customer will be liable for planning or listed building consent, conservation and heritage consent, local authority building control, any structural consents.
27 We are responsible for the registration of Your installation with HIES. We are responsible for your registration with MCS ,EPVS, NAPIT and electrical certification. Obtaining Ownership of the Goods
28 You take responsibility for the risk of damage or loss to the Goods from the date that We complete the Services.
Payment Terms
29 The full Price is shown clearly on the Order. We may amend the Price, by agreement with You, following a survey or any other additional matters that arise in the course of delivering the Services.
30 You will pay for the Goods and Services as follows:
30.1 You will pay Us adeposit of up to 25% of the Price,on receipt of the Order Confirmation [NOTE: HIES will not cover deposits in excess of 25%] You will pay a balance of 35% upon deleivery of materials to site. You will pay 40% on completion of the installation. All certifications will only be granted by the installation contractor/subcontractor upon receipt of final balance payment to us. We will not be held liable for any failure of the subcontractor to provide any materials or certificates that are they are legally obliged to do so under their contractual agreement with us.
30.2 Once the Goods have been manufactured they will be assigned to You and You will pay Us a further staged payment, this is for the materials used during installation.
30.3 On completion of the installation, You will pay the balance of any sums due on satisfaction of completion.
31 We accept payment by cash, cheque, bank transfer, debit or creditcard.
32 The non-payment of any payments due by the relevant due date, may incur additional charges. We may levy interest at a rate of up to 3% above the base rate of Lloyds Bank. Any interest due will be calculated and added to Your bill and accrue from the date on which payment was due to the date of payment whether before or after any judgment. We may also add any legal, debt recovery or processing fees to the amount due.
Defective Goods or Service
33 We make every effort to supply and fit Goods to Your complete satisfaction. However, if You have a concern or complaint about the Goods or Service please let Us know as soon as possible See Contact Us).
34 If You do identify a fault or problem with the Goods ,we will investigate the fault, which may include coming back to Your property if necessary. You agree to cooperate with Us to enable Us access to Your property and to resolve Your complaint.
35 We do not accept liability for the following faults with Your installation:
35.1 any damage caused by You following the completion of installation;
35.2 any damage caused by You, or anyone acting for You ,in attempting to repair the fault without Our consent; or
35.3 any damage caused by fair wear and tear of the Goods.
36 The CRA states that if You have a problem with the Services ,then You can ask Us to repeat or fix the Services if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.
37 TheCRAstatesthattheGoodsmustbeasdescribed,fitforpurposeandofsatisfactory quality. If You have a problem with the Goods:
37.1 within30daysthenYouareentitledtoanimmediaterefund;
37.2 after30daysbutwithin6months then if We are unable to repair or replace the Goods, then You are entitled to a full refund; or
37.3 after 6 months but within 6 years then if the Goods do not last for a reasonable period of time then You may be entitled to some money back.
38 If you reject the goods and seek a full refund, as long as you are happy we can come to the property to remove them. You should plan carefully for this. We will carefully remove the Goods and leave Your property safe, secure and watertight. It is likely to be impossible to
refit Your old goods back into the property and We are under no obligation to do so. However, We will ensure that any gas or water pipes are safely capped off and Your property boarded up or sealed so that it is temporarily protected from bad weather.
39 The Goods may have a manufacturer guarantee and, if the fault is a manufacturing fault, We will work with the manufacturer to repair or replace the Goods. For convenience, many manufacturers prefer to deal directly with You if it is a manufacturing fault, but We retain primary responsibility for resolving Your concern or complaint.
Dispute Resolution
40 In the event of You and Us being unable to resolve any dispute to Your satisfaction, You can refer Your case to Our nominated alternative dispute resolution provider t hrough HIES. Our nominated providerisDisputeResolutionOmbudsman,1-5ArgyleWay, Stevenage, SG1 2AD ( registered company number 04351294) and You can contact them via HIES at:
41 The parties agree that, in the event of a dispute, We will attempt to resolve the dispute through using HIES’s alternative dispute resolution services.
42 This Contract is subject to the law of England and Wales and subject to the agreement of the parties to attempt to resolve a dispute through alternative dispute resolution, the courts of England and Wales shall have exclusive jurisdiction to hear any dispute arising from this Contract.
43 f any court, ombudsman or any other competent authority decides that any aspect of any term of this Contract is invalid or unenforceable, that aspect of that term shall be severed from the Contract and shall have no effect on the remainder of the Contract.
Limitation of Liability
44 Neither party shall be liable for any death or personal injury caused by its negligence or any negligence of its subcontractors, any fraud or fraudulent misrepresentation committed by it and for any other loss or damage suffered by the other party which is a direct consequence of the relevant party’s breach of its obligations under this Contract and whether in contract, breach of statutory duty or otherwise. In the event of loss or damage, the party suffering the loss or damage shall be required to take reasonable steps to mitigate the loss or damage.
45 Neither party shall be liable to the other for any loss or damage which is an indirect, special or consequential outcome of its breach of its obligations under this Contract and whether in contract, breach of statutory duty or otherwise.
Events Outside our Control
46 We will not be liable for the consequences of any events that are outside of Our reasonable control and which includes, but is not limited to:
46.1 Civilcommotion,civilwar,riot,invasion,armedconflict,terroristattackorthreatof terrorist attack, war or threat or preparation for war;
46.2 Acts of God, collapse of buildings, fire, explosion, inclement weather, storm, flood, subsidence, drought, epidemic or natural disaster;
46.3 Impossibilityofuseofrailways,shipping,aircraft,motortransportorothermeans of public or private transport;
46.4 Impossibilityofuseofpublicorprivateutilitynetworksortelecommunications;
46.5 Theacts,decrees,legislation,regulationsorrestrictionsofanygovernment,whether national or local; or
46.6 Strikes or labour unrest (otherthaninrelationto Our own employees).
47 The obligations of the parties under this Contract are suspended for the period for which such a Specified Event continues, and extended for the duration of that period.
Transfer of Rights and Third Parties
48 We may transfer Our rights and obligations under this Contract to a suitably qualified third party of Our choosing. We will tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under this Contract.
49 You may not transfer Your rights and obligations under this Contract to any other person without Our consent. Except that, if We are in default of any award made by Our nominated alternative dispute resolution provider You may transfer Your rights to HIES for the purpose of recovering that award from Us.
50 This ContractisbetweenYouandUs.Totheextentpermittedbylaw,nothirdpartyhas any rights to enforce any of the terms of this Contract.
Using your Personal Information
51 We will use the personal information You provide to Us in accordance with the Data Protection Act 1998 and more specifically to:
51.1 Supply the Goods and Services to You;
51.2 Process any payments that You make for the Goods and Services, including if necessary conducting credit reference checks;
51.3 Register Your installation with any relevant bodies, including Your deposit protection and insurance backed guarantee and any competent persons scheme;
51.4 Address any concerns or complaints t hat You have about the Goods and Services, including liaison with HIES and The Ombudsman Service L imited (registered company number 13254685); or Where the law requires Us to share Your information with third parties ,including law enforcement agencies; and by entering into the Contract You expressly signify Your acceptance to Our processing of Your personal information in these ways.
52 We will use Your information in accordance with Your wishes and You may notify Us of any changes to those wishes (See Contact Us).
Contact Us
53 If you need to write to us, you may do so at:
SUSTAINABLE PROJECT SOLUTIONS LTD ,Unit C , 22 Wenlock Road, London, N1 7GU info@sustainableprojectsolutions.co.uk
54 If You change your mind and decide to cancel the Contract, You may doso by contacting Us or sending Us this form (You do not have to use this form):
SUSTAINABLE PROJECT SOLUTIONS LTD ,Unit C , 22 Wenlock Road, London, N1 7GU info@sustainableprojectsolutions.co.uk
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