Standard Terms & Conditions of Contract
These Standard Terms & Conditons of Contract apply to the sale and/or installation of goods which are not installed or sold under the Microgeneration Certification Scheme regulations.
These Standard Terms & Conditions apply to the repair/maintenance of existing installations.
1. Acceptance of Proposal
1.1 The Quotation is valid for a period of 30 days from the date indicated, unless otherewise indicated on the quotation. If you wish to proceed then you must sign our Official Order Form and return this to our address. An emailed scanned Official Order Form is acceptable provided a signature is in place. 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 Scottish law and the Scottish courts or by the law and the courts governing where your property is, if this is outside Scotland.
Your Right to Cancel (See see Section 9 below for more on your cancellation righrs)
1.4 You have the right to cancel this contract without penalty during the 'cancellation period' without giving any reason. Your cancellation period will last for 14 days from the date you sign our Official Order Form.
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. [The Natural Energy Company, 9 Cupar Road, Newport on Tay, Fife DD6 8AF 01382 543375 fax: 01382 540644 email@example.com]. Any advanced payments you have made will be returned to you. If you wish 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 paragragh 9.1.1 for more information.
2. Our Main Obligation
Our main obligation to you is to do the work with all reasonable skill and care according to the Scottish building standards and according to the timetable set out in the Quote.
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 Quotation. The goods we supply will:
- be of satisfactory quality;
- be fit for purpose; and,
- operate as we described to you.
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. We cannot also be held responsible for delays on site by others which prevent the installation taking place.
2.2.2 If such delays occur we will tell you as soon as possible and we will adjust the timetable by emailed agreement.
2.2.3 In the case of severe delays to the delivery of goods then you may be offered different products of equivalant specification, value and quality. You can either accept that offer, wait for the products you ordered or choose to cancel the contract as detailed in section 9.2 below. This is in line with the Supply of Goods and Services Act 1982.
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 severe delays to the delivery of goods or installation for reasons that are within our control, then you can cancel the contract as detailed in section 9.2 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. Delays being caused to us by a site not being ready for the installation eg, lack of mains water, lack of mains power, build not ready, will result in extra costs as described in the quote.
3. Our Other Obligations
3.1 We will carry out the work to the highest possible standard.
3.2 We will ensure that the installation complies with the relevant Scottish Building standard.
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.
4. Your Main Obligation to us is to make the payments due to us:
4.1 You will pay us the deposit specified in the Quotation when you sign our official order form confirming you accept 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 1.4 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 the deposit to you in full within two weeks.
4.2 The Quotation we have given to you will detail 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. The 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 We will issue you with an invoice for the balance outstanding on the contract price. Timescale of when the final payment becomes due is detailed in the quotation.
4.4.1 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 inform us within 4 days of the invoice date and state the reasons you are withholding the payment.
Consequences of late payment
4.5 If you fail to pay the amount specificed in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we will charge will be 2% above the base rate set by the Bank of England.
Late payment of advance or 'interim' payments
4.5.1 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.
4.5.2. 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 suspension of work.
4.5.3 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 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. 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 or 4.3 of this Contract you may incur additional charges 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; of it 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.
7. Unexpected Work
7.1 Where unexpected work arises, for example additional visits to site due to factors outwith our control, 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. Repair/Maintenance Work
8.1 In the event of a breakdown of a system which is outwith the warranty conditions, a request for an engineer to attend will incur travelling expenses and labour costs. Following a diagnosis visit, a quotation will be provided for the repair and/or parts required which can proceed on completion of the company's order form. No repair can proceed without a completed order form by the customer. Ownership title of parts remain the property of The Natural Energy Company (Scotland) Ltd until full payment has been received.
9. Delivery, Title, and Risk
9.1 We will deliver the goods to the location detailed on your completed official order form, unless advised otherwise.
9.2 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 them we must keep them separate from our own goods and those of third parties. We must also keep the goods stored, protected, and identified as your property until they are delivered to you. You must be able to inspect the goods and/or repossess them.
9.3 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.
9.3.1 If the Contract is terminated early for reasons detailed under section 9 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.
9.4 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.
10. Contract Cancellation
10.1 Your rights to cancallation period are detailed in sections 1.4 and 1.5 of this contract.
10.1.1 If you cancel this Contract after the period referred to in section 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 minum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution.
10.1.2 If you wish 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.
10.2 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 Supply of Goods and Services Act 1982.
10.3 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.
10.5 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.
10.6 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.