Terms

T&Cs: Electric Chargers Installation

Terms and conditions of supply and installation services of Volt-Age EV Charging Limited. We partner with several manufacturers to provide you with your chosen charger. Unless otherwise agreed in writing, the use and service shall be subject to the following terms and conditions. Please read these terms and conditions carefully before using Our Service.

We are registered in England & Wales with company number 11404766. Our registered address is Unit L14 Burntwood Business Park, Burntwood, WS7 3JQ.

Definitions

For the purposes of these Terms and Conditions:

We, Us and Our mean the Volt-Age EV Charging providing Services to you.
Customer’s Responsibility means the tasks or actions owned by you on your premises or for which you request us to provide services.
Country means: United Kingdom.
Company (means either “the Company”, “We”, “Us” or “Our” in this Agreement) means to Volt-Age EV Charging Ltd.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is using the Service, as applicable.
Product means any product offered and provided by Volt-Age EV Charging to include charge points and equipment used as part of the installation.
Software means any software offered and provided by Volt-Age EV Charging.
Service means the engineering and associated services relating to use of Volt-Age product in the proposal specified in our quotation or other agreed documents or discussions between us.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Partners means the suppliers and manufacturers that we work with to supply goods and services to our customers.
OZEV means Office for Zero Emission Vehicles, a team working across the government to support the transition to zero-emission vehicles.
Installer means one of our (or a subcontractor’s) electricians who is qualified to carry out the Survey and Installation of the Charger. Our Installers will carry an identity card.
Installation means the installation of the Charger and “Install” and “Installed” have corresponding meanings; “Manufacturer” means the manufacturer of the Charger and/or its licensors.
Property means the property or premises at which the Charger will be Installed.
Working Day means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refer to a calendar day.

Incorporation of Conditions

Any contract or agreement to use our product made between you and us shall be subject to these conditions, and any terms you put forward do not apply
All other terms and conditions which might be implied by conduct or a previous course of dealing, or trade custom are excluded from this contract
No amendment or change shall be made to these conditions

Quotations/Prices

Our quotation provides an indication to you of the Installation and Product on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us
A quotation is made on the assumption that the Installation and use of Product requested is reasonably capable of being carried out. If on survey this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable and may offer you a reconditioned or new substitute on terms to be agreed
Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the contract, then you will pay the resultant price
If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur or we might not be able to offer the product during this period due to other bookings.
Our Quotation is based on the information provided by You. At the Installation if

Installation

We (or our subcontractors) will contact you to arrange the Installation. You agree to allow our Installers to access your Property to carry out a Survey (if required) and the Installation.

Standard Installations usually take between 2 and 4 hours, although in some situations they can take longer than this.

We aren’t responsible for any losses you incur due to delays to your Installation, however caused. We won’t pay any compensation if we can’t complete an Installation during a scheduled appointment. Likewise, if we are unable to attend an appointment or Installation date and have to reschedule, no matter how short notice, we aren’t liable for any costs incurred.

Our Installers will take reasonable care to carry out the Installation without causing unnecessary damage. We’ll fix any unnecessary damage to your Property that is directly caused by our negligence.

We shall ensure that our Installers comply with any and all relevant codes of practice.

We won’t start or continue the Installation if we believe there is a health and safety risk to our Installers, and we won’t return to complete the Installation until that risk is resolved.

Following completion of the Installation you have a period of 1 day within which to inspect the completed work and to notify us of any defects. The Installer will correct those defects at no additional cost to you.

If we are unable to complete the Installation for any reason that is outside of our control, you may still be liable for reasonable costs we incur.

Our Installers are not able to work in extreme weather (i.e. flooding or intense rain). If it is not safe to carry on, our Installer will do as much as they can and we will return at a later date.

Installations must take place at designated off-street parking locations.

If we aren’t able to confirm whether you have a suitable location to Install the Charger from photographs you have sent to us we may have to alter our quotation to account for additional parts including cable.

You must have a suitable space at your Property for us to Install the Charger. We must be able to access the electricity meter or main fuse board to install power sensing and control hardware used to instruct the Charger.

Standard Installation

If your Installation satisfies the following criteria, it will be considered a Standard Installation

the Install location is less than 10m from your incoming electricity supply (electric meter)
there is a suitable dual pole isolator fitted at your electric meter or there is a suitable non-RCD protected spare way on a modern consumer unit (fusebox)
the cables from the Charger can be surface mounted and clipped directly to a suitable surface, i.e. not over any non-permeable material or temporary structures
there are no ground works required
the Property has an earthing arrangement complying with current regulations
the Charger will be fixed to the Property and able to utilise the Property’s earthing arrangement.

Installations that aren’t ‘Standard Installations’ may take longer than 4 hours and you may have to pay a fee for the additional work and time to complete your Installation due to the characteristics of your home. We’ll provide you with a revised Quotation for the work in advance and you’ll be under no obligation to proceed.

Please note: you will need sufficient Wi-Fi coverage in the location your Charger is installed. If your Wi-Fi coverage is not sufficient, functionality that requires Wi-Fi may not work as intended or at all. For example, over-the-air updates may take a long time to complete or not complete at all, remote support diagnostics may not be possible and charging data may not be properly recorded in the relevant Product app.

Use the Charger

Once we have carried out the Installation and your account is paid in full, you will become the owner of the Charger. You are responsible for it being used in accordance with these terms and conditions, including, but not limited to:

following the Manufacturer’s instructions and any other oral or written instructions we give you
not misusing, neglecting, tampering with or damaging the Charger (including by disassembling it)
not attempting to, and not allowing any third party to carry out any repairs, replacement, modifications or alterations on the Charger in any way

ensuring the space surrounding the Charger is suitable and safe for use, as instructed by us or our Installers.

You are responsible for selecting the correct connection type for your electric vehicle; we cannot be held responsible if you select and allow us to go on to source and Install the incorrect connection type for your current or any future vehicles. If we are not informed at booking, the assumption is made that your connection is type 2.

In the event of any defects arising in the Charger, which are caused by faulty design, manufacture or Installation, we’ll use reasonable efforts to rectify those, either through repair or replacement at our discretion, provided you have complied with your obligations under these terms and conditions and the defect is not caused by circumstances outside of our reasonable control. This does not affect any mandatory rights or remedies you have under consumer law.

If you have any problems with the Charger you should alert us as soon as possible at contact@volt-age.co.uk quoting the serial number, the date of Installation and a brief description of the fault and our team will get in touch with you to diagnose the problem and arrange a support visit if necessary.

Payment

Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the use of Product and our Services. Invoices will be due for payment 7 days from the day on which we despatch the invoice to you. All payments will be in pounds Sterling.

Cancellation

You have the right to cancel the agreement within 14 days without giving any reason. Chargers are ordered for each customer, where a bespoke colour option, connection type or tethered length is requested. You will be issued if we are unable to cancel our Charger order.
Cancellation must be sent in writing to contact@volt-age.co.uk

Personal Data

We will share the details you provided at sign up with the relevant Manufacturer to complete installation of your Charger.

Depending on the Charger you have chosen, the installer will advise the platform or App required. During the Installation, depending on the Charger selected, the Installer will commission your Charger using the App relevant that is provided by the Manufacturer. You will need to agree to their terms and conditions and to review their privacy notices applicable to that use.

Please note that, in general terms, Chargers will automatically share data that is essential to their operation with the Manufacturers. The software controls the Charger by sending and receiving instructions about when to charge your vehicle battery. It receives information such as when you plug in and unplug your vehicle, details of your chosen charging schedule and how long your car takes to charge.

From time to time, the Charger Manufacturer may update the software and/or firmware running on your Charger. These updates may be to ensure your Charger functions correctly; fix any issues that may arise; improve the way your Charger works; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons. Please see the Manufacturer’s terms and conditions for further detail.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Please also see the Government’s personal information charter which applies to data processing for grant funding purposes.

Limitation of liability

In no event will Volt-Age EV Charging Limited accept any liability for:

any loss, costs or consequential damage due to the use and/or misuse of our hardware or software products except where this is caused by our negligence
any loss, costs or consequential damage due to the aborted installation of a home or work place Charger where it is not safe or practical to install.
any failure of the Charger to function correctly, including the Smart Features for a Smart Charger
any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include: severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of the Charger or its software/firmware; war; acts or omissions of electricity network operators, and government action
any costs, loss or damage you suffer as a result of not using the Charger in line with our instructions and the agreement
any loss or damage to your property (including your Property and electric vehicle) as a result of the Installation or use of the Charger and its associated software and app
any costs, loss or damage you suffer as a result of your broadband internet connection being insufficient in quality, capacity or speed to support the Smart Charger offer and/or your use of the Smart Charger results in you exceeding the permitted data limit on your broadband
for any loss or damage you suffer caused by us, our Installer or agents to the extent such loss or damage results from any breach by you of the agreement.

This includes, but isn’t limited to, issues related to land ownership or power which can’t be assessed prior to install. In these circumstances we will provide a full refund of all money paid to us (Volt-Age EV Charging Limited) in respect of the planned installation, unless you (the customer) withheld any key information from us.

In addition, We are not liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any:

loss or damage that we couldn’t reasonably have expected would result from breach of the agreement at the time you entered into it
any loss of business or profit
any indirect or consequential losses which you or anyone else suffers.

Our liability for any other losses won’t exceed the amount we charge you for your install, except for our liability for personal injury or death caused by our negligence and anything else where our liability can’t be limited by law.

OZEV Grants and Eligibility

To be eligible for OZEV (Office for Zero Emission Vehicles) grant funding for the Installation of any Charger, you must comply with the Charger Eligibility Criteria at all times. Please note that the OZEV eligibility criteria are subject to change.

If you would like to apply the grant to your order but don’t provide completed documentation required at the time of installation for EVHS (Electric Vehicle Home Scheme) or a voucher code for WCS (Workplace Charging Scheme) we will be unable to deduct the grant amount from your final invoice.

You are responsible to check your eligibility for either EVHS or WCS
https://www.gov.uk/government/collections/government-grants-for-low-emission-vehicles

If your claim is rejected by OZEV for any reason and cannot be rectified, or the OZEV grant is clawed back or not available for any other reason, you must pay us the sum equivalent to the OZEV grant delared within 30 days of notification as directed by us.

Software and Data

The Charger Manufacturers own and will continue to own the associated software, firmware and all intellectual property rights associated with the software and firmware.
We will share the details you provided at sign up with the relevant Manufacturer to complete installation of your Charger.

Depending on the Charger you have chosen, the Manufacturer will contact you to invite you to use their platform or app to manage your charging, and you will need to agree to their terms and conditions and to review their privacy notices applicable to that use.

Please note that, in general terms, Chargers will automatically share data that is essential to their operation with the Manufacturers.
The software controls the Charger by sending and receiving instructions about when to charge your vehicle battery. It receives information such as when you plug in and unplug your vehicle, details of your chosen charging schedule and how long your car takes to charge.

Your Warranty

Your Charger is covered by a three-year Manufacturer’s warranty. See the user manual provided with your Charger for further details. Please contact contact@volt-age.co.uk to make a warranty claim.

Removal or re-positioning of your Charger

If you would like the Charger removed or re-positioned, please contact contac@volt-age.co.uk and we may be able to provide you with a quotation for the removal work, which will be subject to these terms. Please note that removal or re-positioning can cause brick and/or plaster damage. We will take reasonable steps to minimise the damage but unfortunately we cannot guarantee that no brick or plaster damage will be visible following our removal or re-positioning work.
Your Warranty is voided if installed at a different location/address.

Complaints procedure

You can submit a complaint in writing or over the phone by writing to us at Volt-Age EV Charging Limited, Unit L14 Burntwood Business Park, Burntwood, Staffordshire, WS7 3JQ, 01543 685 287

We’ll aim to respond to your complaint within three working days of receipt. We aim where possible, to resolve your complaint in full, within 30 days. Any offers, goodwill or services offered to the customer during complaint resolutions will be honoured by all parties within 30 days of offer.

Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree the choice of expert within 14 days of an expert being proposed by you or us). The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.

Force Majeure

We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.

Assignment/Third Parties

You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion.

Waiver

Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.

Whole Agreement

This Contract constitutes the entire agreement between us relating to the Services and use of our Product and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).

Law

This is Agreement is governed by English Law.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

T&Cs: Solar and Storage Batteries

The Renewable Energy Consumer Code

The aim of the Consumer Code is to guarantee a high quality experience for consumers wishing to buy or lease small-scale energy generation systems for their homes. The Code is backed by the Chartered Trading Standards Institute (CTSI) as part of a self-regulation initiative: the Consumer Codes Approval Scheme. Members of RECC agree to comply with the Code. See www.recc.org.uk for more information.

The Microgeneration Certification Scheme

MCS membership demonstrates compliance to industry standards that companies strive to meet. Membership highlights to consumers that companies are able to consistently install to the highest quality every time.

1. ACCEPTANCE OF PROPOSAL

1.1 The Quotation is valid for a period of 30 days from the date indicated. If you wish to proceed then you must sign both copies of this Contract, return one of these to our address and keep the other for your records. No contract is in place until we send an acknowledgement of the order to you.

1.2 Please read these terms carefully before signing them. If you need any explanations about them please contact us using the address or telephone number provided.

1.3 This agreement is governed by English law and the English courts or by the law and the courts governing where your property is if this is outside England or Wales.

Your Right to Cancel (See Section 9 below for more on your cancellation rights)

1.4 You have the right to cancel this contract during the ‘cancellation period’ without giving any reason.

The cancellation period lasts 14 days and will start on the day the last part of the goods relating to the contract is delivered to you. You can also cancel the contract without penalty before any of the goods are delivered.

1.5 To cancel this contract you must inform us of your decision by a clear statement by letter sent by post, fax or email

Volt-Age EV Charging Limited
Unit L14 Burntwood Business Park
Burntwood, WS7 3JQ
contact@volt-age.co.uk

You can also use the attached cancellation form, but this is not obligatory. Any advanced payments you have made will be returned to you. If you want to cancel this contract after the Cancellation Period for any reason then you may have to pay costs and we may retain all or part of your deposit and further advanced payments, if made, as a contribution. See paragraph 9.1.1 for more on this.

2. Our MAIN OBLIGATION

to you is to do the work with all reasonable care and skill according to the standards set by the Microgeneration Certification Scheme (MCS) and according to the timetable set out in the Quote. 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: 00073949

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

be of satisfactory quality;
be fit for purpose;
operate as we described to you; and
match the model you have seen or examined.

2.1.1 We will inform you in writing of the name of any contractor engaged by us to undertake the installation of your system and we will take full responsibility for their work and their compliance with the Consumer Code.

The Timetable
2.2 We agree to supply the goods and carry out the installation work as specified in the timetable that we have agreed with you and which is set out in the Quotation. Your acceptance of these terms indicates that you agree to proceed using that timetable.

2.2.1 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. Such reasons may include, for example, severe weather. We cannot be held responsible for those delays.

2.2.2 If such delays occur we will tell you as soon as possible and we will adjust the timetable by written agreement.

2.2.3 In the case of a delay to the delivery of goods beyond the time or period we have agreed, or where no time or period has been agreed then beyond a period of 30 days from the date you sign this contract, 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 as detailed in section 9.2 and 9.3 below. This is in line with the Consumer Code and the Consumer Rights Act 2015.

Consequence of delay

Consequence of delay caused by us
2.2.4 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.

2.2.5 In the case of an unreasonable delay to the installation for reasons that are within our control then you can cancel the contract as detailed in section 9.2 and 9.3 of this Contract.

Consequences of delay caused by you
2.2.6 We will seek to accommodate small delays without recourse to compensation.

2.2.7 If any delay caused by you means that we incur extra costs then we will adjust the price accordingly. The hourly and daily costs that result from any unexpected work are described in the quote.

3. OUR OTHER OBLIGATIONS

3.1 We will carry out the work and all communication with you according to the Consumer Code.

3.2 We will ensure that the installation complies with the relevant MCS installer standard which in this case is MIS3002 and MIS3012.

3.3 Once the installed system is commissioned we will give to you any guarantees, test certificates and other relevant paperwork related to your goods and installation. We will aim to give you this when the system is commissioned but certainly no later than seven days after commissioning.

3.4 We will also give you all of the documentation required as detailed in the appropriate Microgeneration Installation Standard. 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. We will give you this within 10 working days of the commissioning date.

3.5 The guarantees we give you will cover the goods and installation and will comply with the Consumer Code. We will explain to you the terms of the guarantees both in writing and verbally.

3.6 We will ensure that the guarantees will be honoured should we fall into receivership, administration or bankruptcy during the term of the installer’s guarantee. Please see Section 8 of this contract for details.

4. Your MAIN OBLIGATION

to us is to make the payments due to us

The Deposit
4.1 You will pay us the deposit specified in the Quotation when you sign this agreement. The deposit cannot be more than 25% of the total contract price set out in the Quotation. Should you decide to cancel the contract within the ‘Cancellation Period’ (see section 1.3 of this Contract) we will return that deposit to you in full.

4.1.1 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 refund that deposit to you in full within two weeks.

Advance payments
4.2 The Quotation we have given to you must explain when invoices will be sent and the amount due for each payment.

4.3 We may require you to pay a further advance payment no more than three weeks before the agreed delivery or installation date but only if this is explained to you in your quotation. This further advance payment will only be used for work under this contract, for example for purchasing goods.
– if we do not deliver any goods to you before installation then such a further advance payment, taken together with the deposit, will under no circumstances be more than 60% of the total price in the Quotation.
– we may use your further advance payment to purchase goods and deliver them to you. If we do this, and only if title to those goods transfers to you, the sum used to purchase those specific goods will no longer represent an advance payment.

4.4 If we fall into receivership, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in section 8 of this Contract.

Final Payment
4.5 We will issue you with an invoice for the balance outstanding on the contract price. This will become due only after the installation has been commissioned.

4.5.1 In the event of any alleged minor defect with the goods or installation, then you shall not be entitled to withhold more than a proportionate amount of the sum due. If you do withhold any amount after the due date because of any alleged minor defect, then you must give us as much notice as possible and state the reasons you are withholding the payment.

Consequences of late payment
4.6 If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.

Late payment of advance or ‘interim’ payments
4.6.1 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.

4.6.2 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, 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.

4.6.3 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.

5. YOUR OTHER OBLIGATIONS TO US

5.1 We will advise you on the approvals and permissions that you may need but 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.

Supply of services
5.2 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.

5.3 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 conditions described in clause 2.2.7 of this Contract will apply.

Additional charges
5.4 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 of this Contract 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 section 7 (below) of this Contract will apply.

6 CHANGE OF WORK

6.1 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.

6.2 If we agree to this change of work you must

confirm your request in writing; and,
do so within 14 days of when you first tell us.

6.3 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.

6.4 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.

6.5 If, in the final design we present to you, the installation differs significantly from what we have described to you, we will draw this to your attention in writing and you will be able to cancel the contract as detailed in clause 9.4.

7 UNEXPECTED WORK

7.1 The Quotation given to you details the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member.

7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 6.3 of this Contract will apply.

8. DELIVERY, TITLE AND RISK and WORKMANSHIP WARRANTY

8.1 We will deliver the goods to the location detailed in the Quotation.

8.2 In case we fall into receivership, administration or bankruptcy before we deliver the goods to you we will insure the money you pay us in advance. We will also ensure that our guarantees will be honoured should we fall into receivership, administration or bankruptcy during the term of the installer’s guarantee. We may do this through RECC’s Deposit and Workmanship Warranty Insurance (DAWWI) scheme or an equivalent scheme.

8.3 We will provide you with details of the insurance scheme we use and you will receive a policy directly from the provider once you have signed the Contract.

The Client Account
8.4 We may place your deposit and advance payment made before the goods have been delivered to your property in a special ‘client’ or other third party account or use the protected payment scheme which the Code administrator has arranged. This money can only be used for work carried out under this Contract.

8.4.1 If we should fall into receivership, administration or bankruptcy then the money in that dedicated bank account (or held within the protected payment scheme) will be returned to you or passed to another supplier who will complete the work.

8.5 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. We must either deliver them to you or label them as belonging to you. Where we store the goods then we must keep them separate from our own goods and those of third parties. We must also keep the goods stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the goods and/or repossess them.

8.6 Goods belonging to us may be delivered to the site. If the contract is terminated early for reasons detailed in section 9.3 of this Contract then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.

8.6.1 If the Contract is terminated early for reasons detailed under section 9.4 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 or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made.

8.7 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; and,
maintain the goods in a satisfactory condition.

9 CONTRACT CANCELLATION

Your rights
9.1 Your rights to a cancellation period are detailed in sections 1.4 and 1.5 of this contract.

9.1.1 If you cancel this Contract after the period referred to in sections 1.4 of this Contract then you may 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 further advance payment, if made, as a contribution.

9.1.2 If you want the work to start during the cancellation period referred to in section 1.4 then you must request this in writing and sign the request. If we start the work on the installation and you later decide to cancel the contract within the cancellation period described in section 1.4 then you may be responsible for the costs of the goods and services already supplied and for making good the property.

9.2 If there is a delay to the delivery of goods or installation for reasons that are outside your control then you will be entitled to cancel the contract and receive a full refund. This is in line with the Consumer Code and the Consumer Rights Act 2015.

9.3 Additionally, if we are in breach of our obligations as detailed in this Contract then you have a range of remedies that will apply depending on the circumstances. If we breach the contract for the supply of services, then you are entitled to:

a repeat performance of the service; or
a price reduction.

If any of the goods that we supply are faulty, incorrectly installed, incorrectly described, or not fit for purpose, you can:

request a repair or a replacement; or,
reject the goods and claim a refund or claim compensation.

You cannot seek the remedies described in 9.2 and 9.3 if you change your mind about the contract or you decide you no longer want some or all of the components.

Our rights
9.4 As detailed in 6.5 above, you will be able to cancel the contract (and have any deposit or advance payment refunded) if, in the final design we present to you, the installation differs significantly from what we have described to you.

9.5 If you are in 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. We must give you reasonable opportunity to put right the alleged breach.

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

10 DISPUTE RESOLUTION

10.1 If at any time a dispute arises between you and us that cannot be resolved you can refer the matter to be handled through 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. We must agree to follow this procedure if that is your wish. RECC is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information on the RECC website www.recc.org.uk/consumers/how-to-complain

10.2 If you register a dispute with RECC it will be allocated to a caseworker, who will mediate between both parties in an attempt to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale.

10.3 If an agreement is not reached through mediation for any reason, you can refer the matter to RECC’s independent arbitration service and we must agree to arbitration if that is your wish. You would have to pay a small fee directly to the arbitration provider, which may be refunded to you if the arbitrator finds in your favour.

10.4 An award made under the independent arbitration service will be final and legally binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.

10.5 Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. Their contact details are as follows:

NAPIT: 0345 543 0330
Member Number: 69980