EnergyZone Terms and Conditions
For your Energy Zone installation, Order and Agreement
These terms and conditions set out the conditions on which we will deal with each other if your order to Perkins Solutions Limited trading as Energy Zone ("Energy Zone") an MCS certified installer, to deliver and/or install the technology specified in the Order ("the System") at the property is accepted by the receipt of an email referencing the quotation or by our commencing delivery or installation. We will carry out the work specified in the quotation in writing by an Energy Zone representative (" the Quotation") for the amount quoted (" the Contract Price") subject to the following Terms and Conditions. All prices quoted exclude VAT unless stated otherwise on the Order
- The Quotation is valid from the time of Quotation and will expire if not accepted by you in writing within 28 days of that date. All quotations are subject to installation taking place within four (4) calendar months from and including the date the quotation is accepted.
- If you are intending to claim government incentives such as tariff payments or funding for your installation you must check your eligibility to receive such tariffs or funding.
- Our normal business hours are between 09.00 and 17.00 Monday to Friday. We are only able to carry out installation work during daylight hours. If you want us to work outside these hours, it may be necessary for us to make additional charges which we will agree with you in advance in writing.
- The time estimate provided for completing the work is our best estimate and we will make every effort to complete the work on time, however, we cannot be held responsible for delays due to weather or other circumstances beyond our control. In such circumstances we will revise with you the time estimates we originally provided. If you fail to accept delivery of goods or do not permit the installation to proceed on the date which has been notified we may make a reasonable charge for any costs incurred or losses suffered by us. If you notify us of any alteration to timings for delivery or installation before 10.00AM on the first working day prior to the date of delivery or installation that will help reduce any costs that may be incurred.
- Work is guaranteed for two years from the date that the installation is completed. These guarantees do not affect your statutory rights in relation to the quality and description of goods and services. You can contact your local authority trading standards or Citizen's Advice Bureau if you need more information about your statutory rights. If the survey is carried out by others on your behalf no claims will be accepted for inappropriate goods ordered. We reserve the right to vary drawings, specifications, materials or services provided as part of the order so as to comply with changes in statutory requirements, availability of materials or design modifications. Such changes may give rise to an adjustment of the Contract Price and we will notify of the proposed change and the adjustment to the Contract Price. Any such adjustment shall be on the basis of a fair valuation of the change. We will provide manufacturers' guarantees for goods as specified in the Order. Faulty goods will be replaced in accordance with the manufacturer's guarantee.
- We will take all reasonable care to carry out the work without causing unnecessary damage to your property. While we will make good unnecessary damage directly caused by our negligence, you accept that the installation and related work may cause damage to finishes and landscape, both internally and externally and that certain areas may need redecoration following completion of the installation. Redecoration and or landscaping will be your responsibility and is not included in the quotation.
- If you are a tenant you may need your landlord's prior written permission to carry out the work detailed in the quotation. In the absence of your advice to the contrary we will assume that you have made enquiries and obtained permissions where required. We shall not have any liability for unauthorised works and you shall indemnify us for any losses howsoever arising that we incur from your failure to obtain such permissions. You may require Planning Permission and/or approval under Building Regulations to carry out the work detailed in the quotation. In the absence of your advice to the contrary we will assume that you have made enquiries and obtained permissions and approvals where required. We shall not have any liability for unauthorised works and you shall indemnify us for any losses howsoever arising that we incur from your failure to obtain such permissions.
- If you have a Leasehold interest in the property you will need to obtain the Freehold owner(s) prior written permission to carry out the work detailed in the quotation. In the absence of your advice to the contrary we will assume that you have made enquiries and obtained such permission(s). We shall not have any liability for unauthorised works and you shall indemnify us for any losses howsoever arising that we incur from your failure to obtain such permission(s).
- Where we have connected new equipment to your existing system we will not accept responsibility for the cost of repairing or replacing parts of your existing system which subsequently develops faults in that system unless we have been negligent in not realising that such damage may occur or if the way we carried out the work directly caused the fault.
- We do not accept liability if we cannot fulfil our side of the agreement for reasons which are beyond our control such as fire, accidents, war, adverse weather conditions, industrial disputes, strikes and lockouts which we are not directly involved in.
- To carry out the work as quickly as possible we may need to use sub-contractors. All sub-contractors are approved by Energy Zone and are experienced, qualified and accredited to carry out their work.
- It is your responsibility to obtain any planning permission or other consent required for the works to your property. It is your responsibility to ensure that we have clear and lawful access to your property or any part thereof for the carrying out of the work. If our work is delayed and or disrupted due to your failure to provide the same we may charge our reasonable costs incurred.
- Goods supplied and delivered by us to you shall remain our property until paid for by you in full and any arrears or interest charges under the contract have been paid. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed or stored or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
- The deposit of 25% of the Contract Price as shown on the Order must be paid when you place your order. There may be further interim payment due throughout the project as each element of the installation is completed ( valued monthly) and a final invoice on completion of the project which shall Unit 7 The Old Dairy New House Farm Cleobury Mortimer Shropshire DY14 8RD 01299 270011 www.energyzone.co.uk email@example.com be paid prior to the release of any certification. In addition to the Contract Price we may raise an invoice in respect of any adjustment to the Contract Price or any loss and or expense or additional cost recoverable under this Contract at any time and such sums will become due upon receipt of invoice. Unless payable as a deposit or retention then all sums must be paid within 7 days of their becoming due.
- Except as otherwise expressly provided in these Conditions, and except where the System is provided to you as a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) in which case nothing in these Conditions or elsewhere in this Contract affects your statutory rights, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Nothing in these Conditions or elsewhere in this Contract shall exclude or limit EnergyZone's liability for:
- human death or personal injury caused by EnergyZone's negligence or the negligence of EnergyZone's employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the implied terms as to title;
- defective products under the Consumer Protection Act 1987 (if applicable); or
- any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
- Subject to Condition 15.2: EnergyZone shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, business, business opportunity, contract, goodwill, income, reputation, revenue or anticipated savings or any indirect, special or consequential loss or damage, costs expenses or other claims for compensation arising under or in connection with works, goods or services provided by us; and (ii) in any event the entire liability of EnergyZone in respect of all losses, damage, costs, expenses and other claims for compensation under or in connection with works, goods or services provided by us or howsoever arising shall in no circumstances exceed the Contract Price or the actual proceeds received by EnergyZone under its relevant insurance policy or policies in respect of the liability in question, whichever is the greater.
- In entering into this Contract, you agree that the provisions of these terms and conditions are reasonable and reflect the respective financial positions of EnergyZone and you, and that the Contract Price reflects the position on liability and risk assumed by each party under these terms and conditions.
- Notice of the Right to Cancel
- You are entitled to cancel this agreement. If you are contemplating cancellation, please call 01299 270011. If you wish to cancel you MUST DO SO IN WRITING and deliver notice personally or send by RECORDED DELIVERY or REGISTERED POST to EnergyZone, Unit 7 The Old Dairy, New House Farm, Cleobury Mortimer, Shropshire, DY14 8RD or by email to firstname.lastname@example.org at any time WITHIN 14 DAYS from and including the date the Deposit invoice is raised. Notice of cancellation is deemed to have been served as soon as it is posted or sent to us or, in the case of electronic communication, from the date it is sent to us. If you wish to cancel this agreement after the cancellation period we will retain the deposit you have paid to cover the costs we have incurred.
- In the event that you exercise your right to cancel this agreement and you have given your written agreement for any installation to take place within the 7 day cooling-off period, you can still cancel up to 24 hours before we are due to start the work. If some or part of the installation has taken place, you will be liable to pay for any services provided and/or products installed up to and including the date of cancellation.
- EnergyZone may cancel the agreement with immediate effect at any time by providing you with written notice. If we cancel the agreement without good reason we will pay you any reasonable costs or losses you incur as a direct result of the cancellation.
- Entire Agreement
The Order together with these Terms and Conditions set out the entire agreement between you and EnergyZone.
- Third Party rights
Nobody other than you will be able to benefit from this agreement.
- Using personal information
- We and our agents may use your information to do the following:
- Provide you with the services you have asked us for
- Help run, and contact you about improving the way we run any accounts, services and products we have provided before, now or in the future.
- Create statistics, test computer systems, analyse customer information, create profiles and create marketing opportunities (including using information about what you buy from us and how you pay for it)
- Help prevent and detect debt, fraud and loss.
- Help train our staff.
- Contact you in any way (including by e-mail, phone, text or multimedia message or other forms of electronic communications (such as Unit 7 The Old Dairy New House Farm Cleobury Mortimer Shropshire DY14 8RD 01299 270011 www.energyzone.co.uk email@example.com a message through your smart meter) or by visiting you) about products and services we and our selected partners are offering.
- We may also monitor and record any communications we have with you, including phone conversations and emails, to make sure we are providing a good service and meeting our regulatory and legal responsibilities.
- When we contact you, we may use any information we hold about you to do so. We may contact you by e-mail, phone, text message, other forms of electronic communications (such as using smart meters) or by visiting you. If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with how you have told us you would prefer to receive marketing information (your recorded marketing preferences). You ask us not to send you any information on our offers at any time by contacting us and giving us your account details.
- We may pass your address, property and postcode, and details of your installations (including details of any repairs or removals) to organisations that supervise these activities, including MCS, REAL and any relevant statutory body or any relevant regulatory body. We or these organisations may pass this information to local authorities any relevant statutory body or any relevant regulatory body to meet building regulations or other relevant purposes. They may also use this information to contact you to inspect appliances or systems, recall faulty products and carry out audits, and for health and safety purposes. Where appropriate, we will give you, the Landlord or the Freehold owner (or all of these) a certificate to show that your appliances and so on meet building regulations. You are entitled to have a copy of the information we hold on you, and to have any inaccurate information corrected. We may charge you a small fee for providing a copy of any information we hold about you.
- EnergyZone engineers are MCS certified and are employed to undertake installation of products and servicing and repair work for the safe and efficient operation of Microgeneration Technologies.
- These terms and conditions may not be varied in any manner except if authorised in writing and signed by an EnergyZone representative and you.
- Governing law and jurisdiction
The terms and conditions for all products and services are written in English and all correspondence entered into shall be in English. Your agreement and these Terms and Conditions are governed by the laws of England and Wales.
- Complaints As members of the Renewable Energy Association we will try to resolve any complaint in accordance with our complaints policy. If you are still not satisfied you may refer your complaint to the complaints procedure details of which can be found at http://www.recc.org.uk/consumers/how-to- complain.