TERMS & CONDITIONS A – SUPPLYING & FITTING MADE TO MEASURE GOODS CONTRACTS OR CONTRACTS MADE AT TRADE PREMISES
Interpretation
1. These are the Terms, which together with the Order comprise the
Contract. Within these Terms, the following definitions shall apply to the
defined words and expressions, unless the context requires otherwise:
Commencement Date: means the date on which both parties sign the
Order in accordance with clause 4 and at which point the Contract is
formed.
Contract: means the legally binding contract between You and Us
comprising of these Terms and the Order which comes into force on the
Commencement Date and on which We shall supply Goods and
Services to You.
CRA: means the Consumer Rights Act 2015.
2. Delivery Date: means the estimated date that We aim to deliver the
Goods and commence Your installation or as varied from time to time
in accordance with these Terms.
HIES: means the Home Insulation and Energy Systems Quality
Assured Contractors Scheme (a division of the Integrity Foundation
(reg. no. 07972075) and which has prepared the Model Terms &
Conditions which forms the basis of these Terms.
Emergency Works: means any work required by You to be carried out
in an emergency, such as where Your property has been damaged by
a storm, is not watertight, or the health and safety of You or Your family
is at risk.
Goods: means the items specified in the Order that We have agreed to
supply to You.
Installation Plan: means the plan which We will produce to explain what
is going to happen, any health and safety issues that You need to be
aware of, advise You about any preparations that You may need to
make (such as moving furniture or valuables or clearing space), the
arrangements for access to Your property by the installation team, any
special instructions to protect Your children or pets and what We will be
doing with waste and materials that We need to take away.
Marketing Materials: means brochures, drawings, illustrations,
literature, samples or other such marketing materials.
Order: means the detailed description of the Goods and Services that
You require Us to supply to You and any documents referred to therein.
Order Confirmation: means the action by Us, in writing, of accepting the
Order.
Preparatory Work: means any work that We are contracted to do prior
to installation of the Goods.
Price: means the total amount that You are contracted to pay to Us for
the Goods and Services as shown on the Order.
Services: means the delivery, installation and professional services
specified in the Order that We have agreed to provide to You.
We, Us, Our: means Biosus Energy registered in Scotland SC440892
whose registered/trading address is Burnhead, Kingswell, Aberdeen,
AB15 8RA.
You, Your: means the person(s) whose details are set out in the Order.
3. You should read these Terms carefully and check that the information
shown in the Order is correct. We intend to rely on these Terms, so if
You require any changes to them, please ask for the change to be
confirmed in writing and prior to the Contract being formed.
4. Your statutory rights as a consumer are set out in legislation and
nothing in this Contract, or any of Our Marketing Materials shall affect
any of Your statutory rights.
Commencement
5. To signify acceptance of the Order and the Terms and to form the
Contract, the Order shall be signed by both parties.
Information We are Required to Give You
THIS INFORMATION MAY APPEAR ELSEWHERE ON YOUR ORDER BUT
IS REPRODUCED HERE FOR CONVENIENCE.
6. WE HAVE INCLUDED THE PRICE OF THE GOODS AND A
BREAKDOWN, WHERE APPROPRIATE, OF HOW THAT PRICE HAS
BEEN REACHED, INCLUDING:
(a) DELIVERY CHARGES (IF ANY)
(b) VAT CHARGES (AND HOW WE MAY DEAL WITH CHANGES IN VAT
RATES)
(c) ANY STATUTORY FEES (SUCH AS PLANNING CONSENT FEES)
AND WHO PAYS THEM
(d) ANY CHARGES FOR CREDIT
(e) ANY OTHER COSTED ITEMS AND ‘ADD-ONS’ AND WHETHER
OPTIONAL OR MANDATORY
Specification of Goods
7. The Goods are as described in the Order.
8. We may have shown You Marketing Materials to provide You with an
approximate idea of the Goods, layout or positioning that they describe.
Although We have made every effort to display the Goods correctly,
they may vary slightly from the colour or composition shown and
specifically where they are natural products containing patterns or
grains for example. All specifications are approximate only and are
subject to normal margins of tolerance for the Goods and their
composition in question.
9. We have taken measurements for the Goods to enable Us to get them
manufactured in advance of delivery to You. It may be necessary for Us
to carry out a survey to verify Our measurements and to develop an
installation plan (see Preparatory Work).
Performance Calculations
10. We have estimated the energy performance calculations and provided
these with Your quotation. Our standard calculations are based on
standard calculations approved for use by the Microgeneration
Certification Scheme and the Energy Performance Validation Scheme.
Where we have referred to energy inflation or other statistical
information, We have used information publicly available from the Office
for National Statistics.
11. The performance of energy systems is impossible to predict with
certainty due to the variability in fuels and energy sources, climatic
variations, local obstructions or environmental conditions and
differences from location to location. The estimates provided in this
contract are for guidance only and must not be considered as a
guarantee of performance.
Preparatory and/or Emergency Work
12. We will commence work on preparing the Goods for delivery and
developing an installation plan from the Commencement Date. We may,
at Our discretion, wait until Your right to change Your mind elapses (see
Rights to Change Your Mind).
13. By placing the Order, You give Us permission to go ahead with any
Preparatory Work specified in the Order. If You change Your mind and
cancel the Contract after commencement of these Preparatory Works,
You will be charged a reasonable proportion of the fees shown for them
on the Order.
14. If You have requested Emergency Works, this will be clearly shown on
the Order and You shall be deemed to have given Us permission to
commence with these Emergency Works straight away. In this case We
may take temporary action to make Your property safe, secure and
watertight, before completing a full repair or replacement as set out in
the Order You understand that this means You cannot change Your
mind and cancel the Contract in respect of those Emergency Works.
Variations
15. We may need to make minor changes to the Goods specified on the
Order if there is a change in laws, regulatory or technical requirements
or improvements. These changes will not adversely affect the use or
nature of the Goods.
16. You may ask Us to make changes to the specification of the Goods. As
We are getting the Goods manufactured in advance of delivery, You
must notify Us of any changes to the specification of the Goods that
You want to make within 7 days of the Commencement Date. We will
then advise You if Your requested change is possible and any
consequences of that, including to the Price, the Delivery Date or
anything else. Any agreed change will be confirmed by Us in writing.
17. During Our Preparatory Work (perhaps as a result of a survey or as a
result of Your EPC assessment), it may be necessary to make more
substantial changes to the Order. We will discuss these with You to
determine if the change is possible and any consequences of that,
including the Price, the Delivery Date or anything else. If significant
changes are required, We will place the Contract on hold for up to 14
days to enable You to consider whether or not You wish to proceed. At
the end of 14 days, if no agreement on changes is reached, the Contract
will be terminated. You will receive a refund of any deposit paid within
a further 14 days less, at Our discretion, any fees and charges due for
the Preparatory Work completed so far. Any agreed change will be
confirmed by Us in writing.
Changing Your Mind
18. As a member of HIES, We voluntarily provide You with the right to
change Your mind. This is over and above Your statutory rights. You
have 7 days starting on the day after the Commencement Date to
change Your mind and cancel the Contract. This does not apply to the
extent that the Contract includes Emergency Works.
19. If You do change Your mind and cancel the Contract, You will receive
a full refund of any deposit paid within a further 14 days; however, if We
have started Preparatory Work You understand that You will be charged
a reasonable proportion of the fees shown for them on the Order.
20. To change Your mind and cancel the Contract in accordance with the
above clause You should tell Us as quickly as possible and confirm this
in writing. We have supplied a tear off slip below which You can use,
but You do not need to. You can notify Us by any means (see Contact
Us).
Delivery and Installation
21. Any additional delivery or installation costs will be shown on the Order
(or any agreed variation to it), otherwise Your delivery and installation
costs are included in the Price.
22. We aim to complete the delivery and installation on or about the
Delivery Date, but We will liaise with You over any reasonable changes
to that. For the avoidance of doubt time is not of the essence in respect
of the Delivery Date.
23. If a change or delay is caused by something that is within Our
reasonable control, We will notify You as soon as reasonably possible
and agree with You an alternate Delivery Date. We will take steps to
minimise the delay and, if the delay lasts for more than 60 days from
the original Delivery Date (unless You have asked for a longer period),
We will allow You to cancel the Contract. You will receive a refund of
any deposit paid within a further 14 days less, at Our discretion, any
fees and charges due for the Preparatory Work completed so far.
24. If a change or delay is caused by something that is not within Our
reasonable control (see Events Outside Our Control), We will notify You
as soon as reasonably possible and the change or delay and the
reasons for it. We will take steps to minimise the delay, but We may, if
necessary, suspend the performance of the Contract until that event is
over and the matter back within Our reasonable control.
25. We will prepare for You an Installation Plan. You will be asked to sign a
copy of Your Installation Plan and this will be giving Your consent for
Us to proceed with the delivery and installation of the Goods.
26. Each installation is different and the specific requirements for Your
installation will be set out in Your Installation Plan, but generally:
(a) You permit Us (Our installation team and contractors) safe access to,
around and egress from the installation site at all reasonable times and,
unless otherwise stated in Your Installation Plan and agreed by You,
between the hours of 08:00 and 18:00.
(b) You agree to have relocated any television services systems at or near
to the energy systems installation.
(c) You agree to provide Us (Our installation team and contractors) with
access to a toilet, hot and cold running water and reasonable use of
Your power supply whilst on site.
27. We will ensure that there is adequate sheeting, protective covering and
barriers to prevent unnecessary damage to Your home. This includes
for the prevention, as far as is reasonably practicable, of the spread of
dust or rubble.
28. The installation engineer is responsible for the removal of waste from
the site. Companies such as Veolia or Cheaper Waste Ltd will be used
as waste carrier and it will be the responsibility of Biosus Energy to
ensure validity of their waste carrier license. Waste will be removed not
more than 7 days following completion of the installation.
29. In circumstances where We agree to remove waste from the installation
site, You understand that unless We agree otherwise, We shall not be
responsible for removing any waste which is not produced as a direct
consequence of Our performance of the Services or delivery of the
Goods, that is hazardous (including but not limited to asbestos), or
which otherwise comes from Your home or garden.
30. It is possible that a problem with Your property will become apparent
during the course of the installation. This could include structural
defects, underground obstructions, presence of asbestos or hidden
cabling. We will draw this to Your attention as soon as possible and
agree with You a plan to resolve the problem, if possible, which may
involve You bringing in other contractors which will be at Your expense
or additional costs to Your planned works.
Permission and Approvals
31. You are responsible for gaining any necessary approvals including but
not limited to any planning permissions, building regulations, local
authority permits and approvals, landlord approval or deed of covenant.
By permitting Us to provide the Goods and carry out the Services You
warrant to Us that this has been done.
32. We are responsible for the registration of Your installation with HIES
along with MCS certification.
Obtaining Ownership of the Goods
33. You take responsibility for the risk of damage or loss to the Goods from
the date that We complete the Services.
34. You obtain title (ownership) of the Goods when We receive payment of
the Price in full without any set-off or counterclaim or a properly
executed finance agreement is in place with a finance provider who will
pay Us for the Goods and Services on Your behalf. However, in the
event that You enter into a finance agreement please be aware that
there may be terms governing title (ownership) as between You and the
finance provider.
Insurers
35. It is the customers responsibility to notify the customers household
buildings or content insurers, should such be required. of any change to
the property bought about by the works and in so far as the same ls
Insurable to ensure appropriate insurance cover is affected. The
customer is strongly recommended to check the insurance policy.
schedule and terms and conditions to see if such notification Is required
and if there is any doubt the customer should notify the insurers in writing
of the proposed works before such works commence.
Payment Terms
36. The full Price is shown clearly on the Order. We may amend the Price,
by agreement with You, following a survey or any other additional
matters that arise in the course of delivering the Services.
37. You will pay for the Goods and Services as follows:
(a) You will pay Us a deposit of 25 % of the Price, on receipt of the Order
Confirmation
NOTE: HIES will not cover deposits or advance payments in
excess of 25% of the contract value or more than £5,000.
(b) Once the Goods have been manufactured, they will be assigned to You
and You will pay Us a further staged payment of 50% of contract value.
(c) On completion of the installation, You will pay the balance of any sums
due within 7 days.
38. We accept payment by bank transfer.
39. The non-payment of any payments due by the relevant due date, may
incur additional charges. We may levy interest at a rate of up to 8%
above the base rate of HSBC bank. Any interest due will be calculated
and added to Your bill and accrue from the date on which payment was
due to the date of payment whether before or after any judgment. We
may also add any legal, debt recovery or processing fees to the amount
due.
Defective Goods or Service
40. We make every effort to supply and fit Goods to Your complete
satisfaction. However, if You have a concern or complaint about the
Goods or Service, please let Us know as soon as possible (See Contact
Us).
41. In the case of goods which are specifically made to measure, if You do
identify a fault or problem with the Goods, You agree to give Us a
chance to put things right. In any case, We will investigate the fault,
which may include coming back to Your property if necessary. You
agree to cooperate with Us to enable Us access to Your property and
to resolve Your complaint.
42. We do not accept liability for the following faults with Your installation:
(a) any damage caused by You following the completion of installation,
(b) any damage caused by You, or anyone acting for You, in attempting
to repair the fault without Our consent,
(c) any damage caused by fair wear and tear of the Goods.
43. If Your product is made from wood, this is a natural product which is
subject to imperfections, knots and blemishes. It can also differ in colour
and shade. We cannot accept responsibility for such blemishes.
44. The installation of Your product could make Your property more
thermally and energy efficient. However, a by-product of this can be
additional condensation either on the surface of the glass (but not
between the panes), the surface of the frames and elsewhere in Your
home. This is related to the need for adequate ventilation. We will
advise You about how to improve the free flow of air around Your
property, which will reduce condensation, but We cannot accept
responsibility for problems with condensation.
45. The CRA states that if You have a problem with the Services, then You
can ask Us to repeat or fix the Services if it’s not carried out with
reasonable care and skill or get some money back if We can’t fix it.
46. The CRA states that the Goods must be as described, fit for purpose
and of satisfactory quality. If these goods do not meet these
requirements:
(a) within 30 days then You are entitled to a refund,
(b) after 30 days but within 6 months then if We are unable to repair or
replace the Goods, then You are entitled to a full refund, or
(c) after 6 months but within 6 years then if the Goods do not last for a
reasonable period of time, then You may be entitled to some money
back.
47. If You reject the goods and seek a full refund, We will return to Your
property to remove the Goods and You must allow Us to do so. You
should plan carefully for this. We will carefully remove the Goods and
leave Your property safe, secure and watertight. It is likely to be
impossible to refit Your old goods back into the property and We are
under no obligation to do so. However, We will ensure that any gas or
water pipes are safely capped off and Your property boarded up or
sealed so that it is temporarily protected from bad weather.
48. The Goods may have a manufacturers guarantee and, if the fault is a
manufacturing fault, We will work with the manufacturer to repair or
replace the Goods. For convenience, many manufacturers prefer to
deal directly with You if it is a manufacturing fault, but We retain primary
responsibility for resolving Your concern or complaint.
Workmanship Guarantee
49. We are required under the HIES Code of Practice to provide you with a
Workmanship Guarantee.
50. We guarantee all work will be carried out by installers using reasonable
care and skill. They will use a level of reasonable care and skill as it is
reasonable for you to expect. The guarantee period for the installation
services shall be 2 years from completion of the installation services.
Further terms of the Workmanship Guarantee will be provided to you in
our Biosus Workmanship Guarantee document.
51. The Workmanship Guarantee will be underwritten with an Insurance
Backed Guarantee, You will be entitled to claim on this insurance policy
should We cease to trade and not be in a position to honour such a
guarantee.
52. We will ensure that if a property changes ownership there will be no
charge to transfer any workmanship guarantee to the new owners of the
property.
53. We will register the completion date of the Contract with HIES within 7
days of completion in order that an Insurance Backed Guarantee is issued
to You to underwrite the workmanship guarantee.
Complaints
54. In the event of a complaint please contact Us as soon as possible (see
Contact Us).
55. A copy of our complaints policy is available upon request.
Dispute Resolution
56. In the event of an unresolvable issue, You can refer Your case to Our
nominated alternative dispute resolution provider through HIES, HIES
can be contacted at:
HIES,
Address: Centurion House, Leyland Business Park, Centurion Way,
Farington, Leyland, PR25 3GR
Telephone: 0330 335 3354
Email: info@hiesscheme.org.uk
57. The parties agree that, in the event of a dispute, We will exclusively
attempt to resolve the dispute through using HIES’s alternative dispute
resolution services.
58. If we are unable to resolve the dispute through mediation, the complaint
can be referred by HIES to The Dispute Resolution Ombudsman, who
is entirely independent of HIES.
59. This Contract is subject to the applicable laws of England, Wales,
Scotland and Northern Ireland and subject to the agreement of the
parties to attempt to resolve a dispute through alternative dispute
resolution, the courts of Scotland shall have exclusive jurisdiction to
hear any dispute arising from this Contract.
60. If any court, ombudsman or any other competent authority decides that
any aspect of any term of this Contract is invalid or unenforceable, that
aspect of that term shall be severed from the Contract and shall have
no effect on the remainder of the Contract.
Limitation of Liability
61. Either party shall be liable for any death or personal injury caused by its
negligence or any negligence of its subcontractors, any fraud or
fraudulent misrepresentation committed by it and for any other loss or
damage suffered by the other party which is a direct consequence of
the relevant party’s breach of its obligations under this Contract and
whether in contract, tort (including negligence), breach of statutory duty
or otherwise. In the event of loss or damage, the party suffering the
loss or damage shall be required to take reasonable steps to mitigate
the loss or damage.
Events Outside Our Control
62. We will not be liable for the consequences of any events that are outside
of Our reasonable control and which includes, but is not limited to:
(a) Civil commotion, civil war, riot, invasion, armed conflict, terrorist attack
or threat of terrorist attack, war or threat or preparation for war,
(b) Acts of God, collapse of buildings, fire, explosion, inclement weather,
storm, flood, subsidence, drought, epidemic or natural disaster,
(c) Impossibility of use of railways, shipping, aircraft, motor transport or
other means of public or private transport,
(d) Impossibility of use of public or private utility networks or
telecommunications,
(e) The acts, decrees, legislation, regulations or restrictions of any
government, whether national or local or
(f) Strikes or labour unrest (other than in relation to Our own employees).
63. The obligations of the parties under this Contract are suspended for the
period for which such a Specified Event continues and extended for the
duration of that period.
Transfer of Rights and Third Parties
64. In the event of Biosus Energy ceasing to trade and not be in a position
to honour Our obligations under this Contract, We may transfer Our
rights and obligations under this Contract to a suitably qualified third
party of Our choosing. We will tell You in writing if this happens and We
will ensure that the transfer will not affect Your rights under this
Contract.
65. You may not transfer Your rights and obligations under this Contract to
any other person without Our consent. Except that, if We are in default
of any award made by Our nominated alternative dispute resolution
provider You may transfer Your rights to HIES for the purpose of
recovering that award from Us.
66. This Contract is between You and Us. To the extent permitted by law,
no third party has any rights to enforce any of the terms of this Contract.
Using Your Personal Information
67. We will use the personal information You provide to Us in accordance with
the Data Protection Act 2018, General Data Protection Regulations and
more specifically to:
a) Supply the Goods and Services to You,
b) Process any payments that You make for the Goods and Services,
including if necessary, conducting credit reference check,
c) Register Your installation with any relevant bodies, including Your deposit
protection and insurance backed guarantee and any competent person
scheme,
d) Address any concerns or complaints that You have about the Goods and
Services, including liaison with HIES or The Dispute Resolution
Ombudsman where the law requires Us to share.
68. On the Order, We have asked You to indicate whether or not You will
allow Us to send You information about Our future Products and Services.
We will use Your information in accordance with Your wishes and You
may notify Us of any changes to those wishes (See Contact Us).
Contact Us
69. If You need to write to Us, You may do so at:
Biosus Energy, Burnhead, Kingswells, Aberdeen AB15 8RA
info@biosusenergy.com
If You need to call Us, You may do so by calling:
01224 918192