This contract has been prepared to comply with all our obligations under the HIES Code of Practice and the Microgeneration Certification Scheme.
This contract details are obligations to you, and your obligations to us if there is any point that we can clarify for you, please contact us.
1. The Quotation
The quotation we have given you is valid for 30 days from the date of issue. To confirm your order, you will need to sign both copies of the contract; you should keep one copy for your records and return the other copy to us at the address on the quotation. No contract will be in place until we confirm the order with you.
The quotation will document all goods and services we propose to supply, along with the total price for these goods and services including VAT.
We will provide you with a timetable for supplying the goods and carrying out the installation.
The quotation will include information as to the performance of the technology we have proposed to install. These performance estimates will be calculated according to the requirements of the appropriate MCS Standard.
We will discuss with you and provide you with information as to the location of key components. You will be given the opportunity to approve the site designs before work commences.
Where we are unable to supply the main energy generator that was specified in the quotation, we will inform you of this in writing and you will have the right to cancel this contract.
We will advise you on approvals and permissions that may be required for the work; however, it will be your responsibility to ensure that such approvals and permissions are in place.
If there are additional payments that you may have to make, such as planning costs or if you need to consult a Structural Engineer, we will offer assistance and advice, but you will be responsible for these costs.
If there is a particular service or item of equipment that would normally be considered as part of the installation and you have requested that this not be included, then we will have documented this on the quotation.
Please take time to acquaint yourself with this contract, if there is anything you do not understand, or if you require clarification on any point, please contact us.
2. Right to cancel
Your rights under this contract
The cancellation period begins when the contract is agreed and will end 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
You have the right to cancel this contract during the cancellation period without giving any reason.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the Cancellation Form we supply but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You may also cancel this contract if there is an unreasonable delay in the installation being carried out, if this has not been caused by you. You would also be entitled to a full refund if that delay has been caused by something outside of our direct control but not caused by you.
If you cancel this contract outside the cancellation period, you may have to pay to us reasonable costs for any losses we may have incurred. We will attempt to keep these costs to a minimum. If you have paid us a deposit or any advance payments, we may retain all or part of these payments as a contribution.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to.
3. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is a result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will collect the goods at our expense. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4. Work begun prior to the expiry of the cancellation period
If you have agreed in writing that installation work will commence before the cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You must confirm in writing that work may commence before your cancellation period expires.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to outside of any required cancellation periods.
5. Our rights under this contract
If, within fourteen days of us informing you in writing of a serious breach of your obligations to us you have failed to rectify this breach, we will have the right to cancel this contract.
Should we suffer any losses due to a breach of this contract then we will be entitled to reasonable compensation to cover these losses. We are required to attempt to keep all losses to a minimum.
6. Timetable for works
We will have agreed with you a timetable for carrying out the installation. By signing this contract, you are confirming that you agree with this timetable.
There can be occasions that this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
In the case of severe delays to the delivery of goods then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified. You can either accept that offer, wait for the products you ordered or choose to cancel the contract without penalty.
Should the delay be caused by us, or by our suppliers, and that delay could be considered as severe by a reasonable person, you would be entitled to cancel this contract without penalty to you.
Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However, if the delay incurs us in extra costs, for example scaffolding, we will require that you cover these costs.
7. The Installation
The installation will be carried out strictly in line with the MIS Standard relevant to the technology, and to any document referred to within that standard. In addition, we will ensure at all times that we meet all our obligations under the HIES Code of Practice.
The goods we supply will be of satisfactory quality and fit for the purpose. They will operate as we have described to you.
We will have insurances in place which will cover any loss or damage caused by us or our agents.
You will be required to supply to us normal services free of charge; this would include toilet, washing, water facilities and electricity. You should also ensure we have safe and easy access to the installation area.
Any work to prepare for the installation, carried out by you or a third party that you employ should be carried out in line with the agreed start date for the installation. If this work has not been completed and a consequent delay is caused you may be liable for any costs incurred by us for such a delay.
The work will be carried out by personnel trained in each of the tasks they are assigned.
You will be given warranties for both the installation itself and for the installed goods. The terms of these warranties will be given to you in writing and we will explain them to you verbally.
Within seven days of the completion of the installation we will hand over to you all documentation required as set out within the appropriate Microgeneration Installation Standard.
8. Goods belonging to us
Any goods belonging to us that have been delivered to you should remain clearly identifiable as our property. Until the title to the goods is transferred to you the goods should be stored in such a way as they are protected from damage. They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or you feel that the goods are causing any form of hazard you should contact us.
Should you terminate the contract for any reason, then we will make arrangements with you to collect the goods. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not make adequate and reasonable arrangements with us to allow the goods to be collected, we retain the right to take legal proceedings to recover the goods or their value. The amount of any reimbursement may be reduced by any reasonable costs we may have incurred.
9. Changes to the planned work
If you decide to make changes to any planned work after you have signed this contract you should contact us without delay. Wherever possible we will incorporate your changes and if we are not able to do so we will inform you as to why it is not possible for us to do so.
Where we are able to agree to your changes, we will require that you set out, in writing and within fourteen days, confirmation of your request.
You need to be aware that any changes to the original design may mean an adjustment to the cost of the installation. Any adjustment in the cost, either in addition or subtraction will be dealt with as a Variation of Contract and we will adjust the price by written agreement with you.
There can be occasions when we come across unexpected work. Should this arise, we will discuss this with you. If it is an area of work in which we are competent to operate, we will issue you with a quotation to complete that work. We will have documented on the quotation the normal rate for the work of our installers. If the work is outside our area of competence, we will assist you in finding a suitably qualified contractor to carry out the work. If this unexpected work causes a delay in the installation process, we may need to make reasonable charges for this delay.
10. Late payment
You should make the payments agreed on the quotation as they become due. The final payment will be due on completion of the installation. If you fail to make any agreed payment, we may cease work. If you fail to pay the amount specified in an invoice sent to you by the agreed due date, then we reserve the right to charge you interest until you pay the amount due. The interest rate we will charge will be 3% above the Bank of England base rate.
It is not permissible under this contract to withhold any more than a proportionate amount of the outstanding balance for any alleged defect. If you do withhold any amount after a payment has become due, you should give us notice of your intention before the final date on which payment is due. You should also, with that notice, state the reasons for withholding payment.
If we intend to cease work, we will give you notice of this in writing.
If you are in breach of this contract because you have not made a payment that was due to us and we have ceased work, you may have to compensate us for any additional costs we have incurred.
Dependent on the circumstances, we may require that the goods are returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us.
11. Your Other Obligations to Us
Supply of services
You must provide the following for our use free of any charge:
- water, washing facilities and toilets;
- electricity supply;
- 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.
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 we make need to make reasonable charges for this delay.
12. Conciliation and Arbitration
Note: The HIES conciliation and arbitration process only covers unresolved disputes arising from issues connected to the sale and installation of small-scale renewable technologies.
If at any time a dispute arises between you and us that cannot be resolved you can refer the matter to be handled through HIES’s dispute resolution procedure, provided it falls within their remit. We must agree to follow this procedure if that is your wish. HIES is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information on the HIES website: https://www.hiesscheme.org.uk/how-to-complain/
If you register a dispute with HIES it will be allocated to a HIES Dispute Resolution Office, who will mediate between both parties in order to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale.
If an agreement is not reached through mediation for any reason, you can refer the matter to HIES’s Alternative Dispute Resolution (ADR) Services and we must agree to arbitration if that is your wish. This is completely free as part of the HIES Service.
You can find more information on the HIES website: https://www.hiesscheme.org.uk/how-to-complain/
An award made under the independent arbitration service will be final and legally binding to us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
We recommend that you read the HIES Consumer Code it is available at https://www.hiesscheme.org.uk/
13. Social Media
Unless otherwise informed in writing, you grant us the right to use photographs of the site and the installation work completed by us for marketing and information purposes. This could include digital copies on our website and other social media outlets including, but not limited to, Facebook, LinkedIn, Twitter and Instagram. Posts made by us do not include any identifying information as defined by the GDPR regulations.
14. Health & Safety
Unless otherwise agreed in writing, nothing in the Quotation or these Terms assigns us with the role of Principle Designer or Principle Contractor status as defined under The Construction (Design and Management) Regulations 2015.
We will deliver the services in line with our Health & Safety Policy. Where a site is deemed to pose a risk to our personnel, or others onsite, we reserve the right to leave site until such time as the site can be made safe.
In the event that we find, or become aware of, Asbestos on any site they are providing the Services on, you will need to provide a Clearance Certificate prior to our return.
We shall not be liable for any indirect or consequential losses arising, including without limitation, any delays, loss of use or loss of profits from any of these circumstances.
15. General
This agreement is governed by Scottish law and the Scottish courts or by the law and the courts governing where your property is if this is outside Scotland.