Proposal Terms and Conditions
1. ACCEPTANCE OF PROPOSAL
1.1
The Proposal is valid for a period of 30 days from the date indicated. If you wish to proceed, you must sign the order acceptance form, then 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. The order form can also be received digitally.
1.2
Please read these terms carefully before signing them. If you need any explanations of any part, please contact us in writing at heatpumpinstallersuk@outlook.com or Unit 5, Chapel Street, Huddersfield, West Yorkshire, HD1 3FZ or by telephone on 0800 2 70 70 80.
1.3
This agreement is governed by the law and the courts prevailing where your property is located. 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 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 with a clear statement by letter sent by post, which requires a proof of delivery to Unit 5, Chapel Street, Huddersfield, West Yorkshire, HD1 3FZ or email heatpumpinstallersuk@outlook.com. You can also use the attached cancellation form, but this is not obligatory. Any advanced payments you have made will be returned to you, should you choose to cancel your order in the allotted time period. 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.
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2. OUR OBLIGATIONS TO YOU
Our main obligation to you is to do the work with all reasonable skill and care according to the standards set by the Microgeneration Certification Scheme (MCS) and according to the timetable set out in the Proposal. 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 APHC/12347294 and we are registered with APHC.
2.1
We agree to carry out the work with all reasonable skill and care in the planning, installation, and commissioning of the system described in the Proposal. The goods we supply will: Be of satisfactory quality; Be fit for purpose; and, Operate as we described to you.
2.1.1
We will inform you 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.
2.2
We agree to supply the goods and carry out the installation work as specified in the timetable that we have agreed upon and is set out in the Proposal. 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 upon. 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 consensual agreement of both parties.
2.2.3
In the case of severe delays to the delivery of goods, 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 sections 9.2 and 9.3 below. This is in line with the Consumer Code and the Supply of Goods and Services Act 1982.
2.2.4
You may be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
2.2.5
In the case of severe delays to the delivery of goods or installation for reasons that are within our control, 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 proposal.
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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 MIS 3005.
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 no later than ten days after commissioning.
3.4
We will also give you all of the documentation required as detailed in the appropriate Microgeneration Installation 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.
3.4.1
If you do not receive your documentation within 10 working days of the commissioning date, it is likley there is outstanding documents to be completed by a third party preventing us from producing a full handover pack. If you do wait more than 10 working days and require specific documention urgently, we can provide this individually.
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.
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4.YOUR OBLIGATION TO US
Your main obligation to us is to make the payments due to us under the terms of this agreement.
4.1
You will pay us the deposit specified in the Proposal when you sign this agreement. The deposit cannot be more than 25% of the total contract price set out in the Proposal. 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.
4.2
The Proposal we have given to you must explain when the invoices will be sent as well as the amount due for each payment.
4.3
We may require you to pay a further advance payment no more than 14 days before the agreed delivery or installation date, but only if this is explained to you in your Proposal. 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 Proposal.
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.
4.5
We will issue you 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, 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.
4.5.2
If the amount held is not proportionate and not agreed then we will consider this an outstanding invoice and charge interest as detailed in section 4.6.
4.6
If you fail to pay the amount specified in an invoice by the due date, 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.
4.6.1
If we do not receive payment by the seventh day after payment is due, 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 the goods to us. If you fail to do 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.
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 Proposal 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.
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.
5.5
It is the Consumer's responsibility to notify the Company of asbestos that may be on site which could affect the work that is carried out. An asbestos survey may be required, and any subsequent work required completed, before the commencement of work (this is the responsibility of the Consumer). If asbestos in any form is suspected during the installation/works, work will be halted immediately and not restarted until suitable and sufficient tests have been carried out, and if asbestos is present, it will be removed by a licensed Contractor (this is the responsibility of the Consumer).
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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.
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7. UNEXPECTED WORK
7.1
The Proposal given to you details the 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 this Contract will apply.
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8. DELIVERY, TITLE AND RISK, and WORKMANSHIP WARRANTY
8.1
We will deliver the goods to the location detailed in the Proposal.
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.
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.
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 we may 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. When we store the goods, 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.
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9. CONTRACT CANCELLATION
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 (e.g. a letter or email), we have enclosed a form with this contract which can be used for your convenience. 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, you may be responsible for the costs of the goods and services already supplied and for making good on the property.
9.2
If there is a serious 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 [Supply of Goods and Services Act 1982]
9.3
Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:
- cancel the contract and receive an appropriate refund; or,
- request a repair or a replacement; or,
- ask for compensation.
You can seek those remedies if what we supply or install is 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 components.
9.4
If you are in serious 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.
9.5
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. MEDIATION AND ARBITRATION
10.1
If at any time a dispute arises between you and us that cannot be resolved amicably, both you and we can refer the matter to be handled through the RECC complaints procedure. We must agree to follow this procedure if that is your wish. The RECC complaints procedure is set out in section 9 of the Consumer Code (www.recc.org.uk).
10.2
Initially, the complaint will be allocated to a RECC caseworker, who will mediate between both parties in order to resolve the dispute. Alternatively, the complaint will be referred to independent conciliation. Both mediation and conciliation aim to reach a nonlegal solution to the dispute in a reasonable timescale.
10.3
If the mediator or conciliator 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. You will have to pay a fee equivalent to the County Court small claims procedure fee. The fee is payable directly to the arbitration company and 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 award on certain limited grounds under the Arbitration Act 1996.
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11. BOILER UPGRADE SCHEME
11.1
Ofgem and Heat Pump Installers UK Ltd may require information from you to claim your Boiler Upgrade Scheme voucher. You will agree to provide the required information in a reasonable timeframe set out by Ofgem.
11.2
You will be liable for the cost of the Boiler Upgrade Scheme voucher if you:- Fail to provide the correct information within a set time.- Prevent us from claiming the voucher without a justifiable reason.