Terms and Consitions
Green Square Renewable Energy Limited – Standard Terms and Conditions of Business
In these Conditions, the following definitions apply:
Conditions: these terms and conditions as amended from time to time;
Contract: the contract between you and us for the supply of Products and/or Installation Services in accordance with the Quotation and these Conditions;
Cooling Off Period: the period of 7 working days starting with the date on which you signed the Order;
Installation Services: the installation services to be supplied by us to you as set out in the Quotation.
Order: your signed order for the supply of Products and/or Installation Services;
Products: the products (or any part of them) set out in the Quotation;
Quotation: the written quotation for the supply of Products and/or Installation Services provided to you together with these Conditions; and
Our main obligations to you:
- We will carry out the work with all reasonable skill and care according to the timetable agreed with you.
- We will carry out the work and all communication with you according to the REAL Assurance Scheme Consumer Code.
- We will provide you with a guarantee that covers the Installation Services and information relating to manufacturer backed guarantees of the Products.
Your right to cancel:
- You can cancel the Contract and receive a full refund of your deposit by sending written notice within the Cooling Off Period.
- If there is a severe or unreasonable delay beyond the Cooling Off Period, not caused by you, or by events beyond our control, then you will have a right to cancel the Contract and receive a full refund.
- If we are in serious breach of our obligations, as detailed in the Contract, then you have a right to cancel and receive a full refund. (You can also seek the other remedies detailed in section 9.3 of these Conditions).
Your main obligation to us:
- You may be asked to pay a deposit when you sign the Order. This must not be more than 25% of the total contract price
- You may be asked to make a further advance payment. This must not, when taken together with the deposit, be more than 60% of the total contract price. It must be paid no more than three weeks before the agreed delivery or installation date.
- It is your responsibility to get the necessary permissions and approvals for the work to take place. We will help you to do this.
- If you fail to pay on time we may stop work and charge additional costs.
- If you cause the work to be delayed, we may stop work and charge reasonable additional costs.
1. ACCEPTANCE OF PROPOSAL
1.1 The Quotation is valid for a period of 30 days from the date of posting. If you wish to proceed then you must sign both copies of the Order and return one of these to our address. The Quotation is provided on the basis that no Contract is in place until we send an acknowledgement of the Order to you.
1.2 We will rely upon the written terms set out in the Contract. Please read them carefully before signing the Order. If you need any explanations about these Conditions please write to us at the address or telephone us at the telephone number provided. If any amendments to the Contract are required you must confirm these in writing and they must be agreed by one of our authorised representatives.
The Cooling Off Period
1.3 You can cancel this Contract by sending us written notice using the address provided. You must send the written notice within the Cooling Off Period. If you cancel after the Cooling Off Period, then unless we are in breach of the Contract, the conditions set out in section 9.1.1 of these Conditions will continue to apply.
2. Our MAIN OBLIGATION to you is to do the work with all reasonable skill and care according to the timetable set out in the Quotation and agreed in the Contract.
2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the Products described in the Quotation. The Products must:
be of satisfactory quality;
be fit for purpose; and,
operate as we described to you.
2.2 We agree to supply the Products and carry out the Installation Services as specified in the timetable set out in the Quotation and discussed with you.
2.2.1 We may adjust that timetable after discussing this with you according to the conditions set out in section 8 of these Conditions. If we fail to carry out the work according to that timetable then the conditions set out in section 8.2 of these Conditions will apply.
2.2.2 If, for whatever reason, there is any delay, suspension or cancellation of the supply of the Products or provision of Installation Services then the conditions described in 8.2.1 and 8.2.2 of these Conditions will apply.
2.3 We will carry out the work and all communication with you according to REAL Assurance Scheme Consumer Code. As a member of this Scheme our obligations include (but are not limited to) giving you:
a detailed quotation that includes:
- an itemised list of the goods to be supplied;
- an itemised list of all survey, design, installation and other services to be provided;
- an itemised list of services not included in the quotation which you will need to provide;
- any relevant taxes such as VAT; and
- a timetable for supplying the goods and for carrying out installation work.
- a right to cancel the Contract by sending written notice to us using the cancellation form and address provided by us (see section 1.3 of these Conditions).
- accurate information about approvals and permissions needed for the proposed system and any grants or other financial incentives available for that work.
- the chance to approve site designs before the work starts.
- a written estimate of how the system will perform, calculated according to the relevant Microgeneration Certification Scheme (MCS) installer standard(s).
- detailed information about any work you need to do before the installation can begin and about when that work needs to be carried out.
- accurate and truthful information both in our verbal communication with you and our marketing literature and advertising.
- 2.4 The installation must comply with the relevant MCS installer standard(s), copies of which can be supplied to you upon request.
2.5 At the end of the Contract we will give you any guarantees, test certificates and other relevant paperwork related to the Products and Installation Services. We should give you this within seven days of the Installation Services being completed.
2.6 We will provide you with a guarantee that covers the Installation Services and information relating to manufacturer backed guarantees that cover the Products. These must comply with the REAL Assurance Scheme Consumer Code. We will explain to you the terms of the guarantees both in writing and verbally.
3 Your MAIN OBLIGATION to us is to make the payments due to us
3.1 You will pay us the deposit specified in the Quotation when you sign the Order. The deposit shall be no more than 25% of the total contract price set out in the Quotation. Should you decide to cancel the Contract within the Cooling Off Period (see section 1.3 of these Conditions) we will return the deposit to you in full.
3.1.1 If you pay the deposit before we have inspected your house and we find during that inspection that the installation cannot proceed, then we will promptly refund the deposit to you in full.
3.2 We may require you to pay a further advance payment no more than three weeks before the agreed delivery or installation date. Such further advance payment, taken together with the deposit, will under no circumstances be more than 60% of the total contract price set out in the Quotation and will only be used to carry out the Contract, for example to purchase goods. When we use any of your money to purchase goods we will inform you. The conditions set out in section 5 of these Conditions will apply. We explain in detail in the Quotation when invoices will be sent and the amount due for each payment.
3.3 If we fall into receivership, administration or insolvency prior to the completion of the Installation Services your deposit and advance payment, if any, will be protected as detailed in section 5 of these Conditions.
3.4 The balance outstanding on the contract price as set out in the Quotation is due on completion of the Installation Services. We will issue you with an invoice when the work is completed.
3.5 You will not be entitled because of any alleged minor defect to withhold more than a proportionate amount of the outstanding balance of the contract price. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of late payment
3.6 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.
3.6.1 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 suspend the Installation Services. Once we have sent you this written notice, we may suspend all work until payment is made.
3.6.2 If you are in breach of the Contract because you have failed to make an agreed payment, and we have suspended the Installation Services in accordance with section 3.6.1 of these Conditions, 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.
3.7 We may require you to return and deliver up the Products to us. Failing this we will take legal proceedings to recover the Products or their outstanding value.
4 Your other obligations to us
4.1 You must obtain all relevant permissions (such as planning and building consents) that are necessary before we start the Installation Services. If we ask to see those permissions (and related drawings and/or specifications) you must make those available.
Supply of services by you
4.2 You must agree to 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; and
- easy access to the location within the property where the installation is to take place by removing all belongings.
4.3 You, or a contractor you engage, may need to carry out preparatory work before the Installation Services can start. If so, we will describe this to you in writing. Any preparatory work must be finished before the agreed date on which are the Installation Services are due to start. Preparatory 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 Services are due to start, then the conditions described in section 8.3 of these Conditions will apply.
4.4 Should you be in breach of any conditions set out in sections 4.1, 4.2 or 4.3 of these Conditions 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 of these Conditions will apply.
5 Delivery, Title and Risk
5.1 We will deliver the Products to the location detailed in the Quotation.
5.2 In order to protect any deposit and further advance payment, in case we fall into receivership, administration or insolvency before we deliver the Products then we must:
– ensure that you are covered by the Deposit and Advance Payment Insurance Scheme
– provide an insurance-backed guarantee for the Installation Services (as described below); and,
– place your deposit and any further advance payment made in a third party account (as described in section 5.4 of these Conditions).
Deposit and Advance Payment Insurance Scheme
5.3 Any deposit and further advance payment will be insured through an insurance scheme. We will provide you with details of the scheme, and you will receive a policy directly from the provider once you have signed and returned the Order. In this way, your money will be protected should we fall into receivership, administration or insolvency before the Products have been delivered.
The Client Account
5.4 We must place your deposit and advance payment made before the Products have been delivered to your property in a special ‘client’ or other third party bank account or dedicated ‘customer’ bank account. This money can only be used for work carried out under the Contract.
5.4.1 If we should fall into receivership, administration or insolvency before we deliver the Products then the money in that dedicated bank account will be returned to you or passed to another supplier who will complete the work. Only when we purchase goods on your behalf (to the value of the sums held in this account) will we be entitled to transfer those sums from the dedicated bank account for our own benefit.
5.5 Where your money has been used to make specific purchases on your behalf, then legal title to the Products, 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 the Products are stored by us then we must keep the Products separate from our own goods and those of third parties. We must also keep the Products stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the Products and/or repossess them.
5.6 Products belonging to us may be delivered to the site. If the Contract is terminated early for reasons detailed in section 9.3 of these Conditions then, with reasonable notice, you must return and deliver the Products to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the Products. If you do not return the Products to us, we retain the right to take legal proceedings to recover the Products or their value.
5.6.1 If the Contract is terminated early for reasons detailed under section 9.4 of these Conditions then, with reasonable notice, you must return and deliver the Products 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.
5.7 Until ownership of the Products passes to you, you must:
– store the Products 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 Products; and
– maintain the Products in satisfactory condition.
6 Change of work
6.1 If, after signing the Order, you want to change the Installation Services as set out in the Quotation, 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; and
– the necessary permissions are in place.
6.2 If we agree to this change of work you must
– confirm this in writing; and,
– do so within 14 days of when you first tell us.
6.3 We will then adjust the contract price as set out in the Quotation:
– by written agreement beforehand, if possible; or if not then
– by later written agreement; or if not then
– by reasonable amount for the Products supplied and/or Installation Services provided
6.4 Every change that means extra or revised work may mean extra costs. We will try to keep those costs to a minimum.
7 Unexpected work
7.1 The Quotation given to you must detail the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond our control.
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 these Conditions will apply.
8 Changes to Agreed Timetable
8.1 We will make every effort to complete the Installation services by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control, especially when third parties are involved in works related to the Installation Services. We cannot be held responsible for those delays. If such delays occur we will complete the work as soon as possible.
Consequences of delay caused by us
8.2 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
8.2.1 In the case of major delays to the delivery of the Products then you may be offered different goods of equivalent specification, value and quality to the Products, so long as they are MCS certified.
8.2.2 In the case of major delays to the delivery of Products these Conditions Contract.
Consequences of delay caused by you
8.3 We will seek to accommodate small delays without recourse to compensation.
8.3.1 If the Installation Services are delayed or last longer than expected for any reasons within your control, we will adjust the price accordingly, as shown in section 6.3 and subject to section 7 of these Conditions.
9 Cancellation of the Contract
9.1 As detailed in section 1.3 of these Conditions, you can cancel the Contract by sending us written notice no later than 7 working days after the date on which the Order was signed.
9.1.1 If you cancel the Contract after the period referred to in sections 9.1 and 1.3 of these Conditions 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.
9.2 If there is a serious delay to the delivery of Products for reasons that are outside your control, but within our control, then you will be entitled to cancel the Contract and receive a full refund. This is in line with the REAL Assurance Scheme Consumer Code.
9.3 Additionally, if we are in serious breach of our obligations as detailed in the Contract then you have a right to:
cancel the Contract and receive an appropriate refund; or,
request a repair or a replacement of the Products; or,
ask for compensation.
You can seek those remedies if the Products we supply or install are faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the Contract or you decide you no longer want some or all of the Products.
9.4 If you are in serious breach of your obligations as set out in the Contract and you fail to remedy that breach within 14 days of receiving written notice form us about that breach, then we have a right to cancel the Contract. We must give you reasonable opportunity to rectify the alleged breach.
9.5 If we suffer a loss as a result of your breach of the Contract, we must take reasonable steps to prevent the loss from getting worse. If your breach of the Contract leads to a cancellation then you may have to pay compensation for reasonable costs or losses reasonably incurred.
10 Conciliation and arbitration
10.1 If at any time a dispute arises between you and us which cannot be resolved amicably then both you and us can refer the matter to conciliation. We must agree to conciliation if that is your wish.
10.2 The conciliation service that will be used is that offered by the REAL Assurance Scheme and is described in the Consumer Code. It aims to reach a non-legal solution to the dispute in a reasonable timescale. The REAL Assurance Scheme will appoint a suitably qualified independent expert (or experts) to consider the matter in the light of consumer protection legislation in force. After considering all the evidence, either in writing, or in a face-to-face mediation, the expert will make recommendations for resolving the issue. Neither party will be bound by these recommendations, though both are strongly encouraged to accept them in the interests of resolving the dispute speedily and effectively.
10.3 If the conciliator’s recommendations are not acceptable for any reason, you can refer the matter to the independent arbitration service and we must agree to arbitration if that is your wish. If we would like to seek arbitration then we must seek your permission first. The procedure used for independent arbitration is described in the REAL Assurance Scheme Consumer Code. You will have to pay a fee equivalent to the County Court small claims procedure fee. This fee will be refunded to you if the arbitrator finds in your favour.
10.4 The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the aware on certain limited ground under the Arbitration Act 1996.
Assignment and subcontracting
11.1 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract (including but not limited to the provision of Installation Services) to any third party.
11.2 You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law.