Terms & Conditions
|Please note: Your installation and assignment of rights contract will be with Beaufort Energy and all install work will be subcontracted to Ecovision Systems. Your full terms and conditions will be provided in the contract you receive from Beaufort Energy.
1. GENERAL CONDITIONS OF ECOVISION ASSIGNMENT OF RIGHTS AIR SOURCE HEAT PUMP
1.1 This offer is only valid in relation to the installation of a 7-11kW Air Source Heat Pump with up to two new radiators by Ecovision.
1.2 We have the right to reject any application we deem unsuitable.
1.3 A pre-installation survey worth £100 (redeemable against the cost of the install) needs to be arranged before the installation goes ahead. This is refundable if we deem the property unsuitable.
1.4 Ecovision will only install an Air Source Heat Pump in exchange for you assigning your right to receive the Renewable Heat Incentive (RHI) payments from the government over a period of 7 years to our financial partner, Beaufort Energy. Contracts will be sent by Beaufort Energy.
1.5 The half price Service and Maintenance plan offer is valid for 7 years. Payments subject to a 3.99% increase per annum.
1.6 If additional radiators are required to be converted or if any other requests not included in the offer are required, additional costs may occur.
1.7 An MMSP monitoring system is required to be installed if you would like to receive the MMSP government grant payments. We can install this at an additional cost.
2. ACCEPTANCE OF PROPOSAL
2.1 You can cancel your Air Source Heat Pump contract and receive a full refund (not including pre-installation survey fee) by sending written notice no later than 14 working days after the date on which this contract was signed; this is known as the “Cooling Off Period”. If you cancel after that period, then unless we are in breach of these terms, the conditions set out in section 10.1.1 will apply.
2.2 We do not normally start any work until the end of your 14-day cancellation period. If you want us to start work sooner for any reason, please be aware that you must ask for this in writing. Should you later decide to cancel the contract within your 14-day cancellation period, then you will have to pay reasonable charges for goods and services supplied up to the date that you cancel and for making good your property.
2.3 Please read these terms carefully before signing them. If you need any explanations about these terms or if you would like to be provided with a copy of this document in a larger font or need help understanding the quote, please write or telephone us at the address and telephone number provided. If any amendments to this contract are required you must confirm these in writing and they must be agreed by an authorized representative of this company.
3. OUR MAIN OBLIGATION to you is to do the work with all reasonable skill and care according to the timetable agreed.
3.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described. The goods we supply must:
3.2 If, for whatever reason, there is any delay, suspension or cancellation of the supply of the goods or installation of the system then the conditions described in 9.2.1 and 9.2.2 of these terms will apply.
3.3 We will carry out the work and all communication with you according to the Renewable Energy Consumer Code. As a member of this Scheme our obligations include (but are not limited to) giving you:
As members of the Renewable Energy Consumer Code Scheme we must have appropriate insurance to cover possible third-party damage, which may be caused by any of our activities in supplying a small-scale energy generator to you.
3.4 The installation must comply with the relevant MCS installer standard which in this case is MIS 3005.
3.5 At the end of the contract we will give you any guarantees, test certificates and other relevant paperwork related to your goods and installation. We should give you this within 14 days of the installation being completed.
3.6 We will provide you with guarantees that cover the goods and installation. This must comply with the Renewable Energy Consumer Code.
3.6.1 We will explain to you the terms of the guarantees both in writing and verbally.
3.7.1 We need to store and process the personal information provided to us by you to fulfil our contract with you. You have the right to request a copy of all personal data we hold on you or amend this data at any time.
3.7.2 To fulfil your contract your details will be shared with our financial partner, Beaufort Energy. Your data will be protedcted under data protection laws.
3.7.3 To fulfil your contract, we may need to give your name, home address and contact details (phone and/or email) to our approved subcontractors to assist in carrying out the installation work. Your details will only be held on their system for as long as necessary and they will not forward on your personal details to third parties without your permission.
3.7.4 We do not store your payment details. Card payment is processed securely by Sage Pay, whilst BACS or cheque payments are processed by banks. We may pass your personal information to credit reference agencies which may keep a record of any search. We will not give your data to any other third party.
3.7.4 If you consent to receive our marketing messages we will send you relevant emails detailing Ecovision news, service and product information and industry tips. You may unsubscribe or change your preferences at any time by clicking the link on our emails or by contacting us via phone, email or letter. Stopping or not signing up to marketing messages will not stop service communications (such as order updates or service reminders).
4. YOUR MAIN OBLIGATION to us is to make the payments due to us.
4.1 Should you decide to cancel the contract within the “Cooling Off Period” (see section 2.1 of this contract) we will return that deposit to you in full.
4.2 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.
4.3 If we fall into receivership, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in section 5 of this Contract.
4.4 We will issue you with an invoice for the balance outstanding on the contract price. This will become due only after the installation has been commissioned.
4.5 You will not be entitled due to any alleged minor defect to withhold an outstanding balance unless at the discretion of the manager. If you withhold a payment you are required to notify us in writing the amount and reason.
4.5.1 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.
4.5.2 If we do not receive payment by the seventh day after payment is due, then we will give you written notice that we intend to stop work on the installation. Once we have sent you this written notice, we will suspend all work until payment is made.
4.5.3 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 will 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 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 with all costs to be borne by you.
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 for listed buildings or those in a conservation area) 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 agree to provide the following for our use free of any charge:
5.3 You, or a contractor you employ, may need to carry out preparatory work before the installation described in the quotation 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 section 8 of this contract will apply.
5.4 Should you be in breach of conditions set out in 5.1, 5.2 and 5.3 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 8 of this contract will apply.
6. DELIVERY, TITLE AND RISK
6.1 We will deliver the goods to the location detailed in the quotation.
6.2 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 the goods are stored by us then we must keep those goods 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.
6.3 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 you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.
6.3.1 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.
6.4 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; maintain the goods in a satisfactory condition.
6.5 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. We may do this through QANW and Workmanship Warranty Insurance scheme.
|6.5.1 The insurance policy enables you to have your contract completed at no additional cost by another RECC Code Member should we cease trading.
6.6 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.
7. CHANGE OF WORK
7.1 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:
7.2 If we agree to this change of work you must:
7.3 We will then adjust the price:
7.4 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.
7.5 If, in the final design we present to you, the main Energy Generator differs from what we describe in the quotation, we will draw this to your attention in writing and you will be able to cancel the contract as detailed in clause 10.4.
8. UNEXPECTED WORK
8.1 The quotation and order form 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. If not stated specifically elsewhere in this quotation this will be charged at £250+VAT for every additional day of work on site.
8.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 7.3 of these terms will apply.
9. CHANGES TO AGREED TIMETABLE
9.1 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 provided Gantt Chart. Your acceptance of these terms indicates that you agree to proceed using that timetable.
9.2 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, especially when third parties are involved in installing other, related works. We cannot be held responsible for those delays. If such delays occur, we will complete the work as soon as possible.
9.3 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
9.3.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified.
9.3.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section 10.2 of this contract.
9.4 We will seek to accommodate small delays without recourse to compensation. However, if you postpone the date on which we agree to install the equipment and give us less than 21 days’ notice, then you shall pay an additional charge of £350 (plus VAT) per day of booked labour to cover the costs we will incur in cancelling and rebooking our installation team.
9.4.1 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 7.3 and subject to section 8 of this contract.
10. CANCELLATION OF THIS CONTRACT
10.1 Your rights to a cancellation period are detailed in sections 2.1 of this contract.
10.1.1 If you cancel this contract after the period referred to in sections 2.1 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.
10.1.2 If you want the work to start during the cancellation period referred to in section 2.1 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 2.1 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 Consumer Code and 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:
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.
10.4 As detailed in 10.3 above, you will be able to cancel the contract (and have any deposit or advance payment refunded) if, in the related products and specifications for your installation, the final design we present to you or the main Energy Generator differs from what we describe in the quotation.
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.
11. TERMS OF LIMITATION OF LIABILITY
11.1 Our entire liability and your exclusive remedies against us for any loss or damage arising from our improper performance or non-performance of our obligations under this contract shall be:
11.1.1 unlimited in respect of death or injury caused by our negligence,
11.1.2 unlimited in respect of any fraud or deliberate wrongdoing on our part,
11.1.3 unlimited in respect of any loss or damage that we may cause to your tangible property, and
11.1.4 unlimited under this contract in respect of any other loss or damage not listed above.
12. DISPUTE RESOLUTION
12.1 If at any time a dispute arises between you and us that cannot be resolved you can refer the matter to be handled through RECC’s dispute resolution procedure provided it falls within their remit, which is disputes relating to the sale and installation of domestic renewable energy systems. We must agree to follow this procedure if that is your wish. RECC is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information on the RECC website www.recc.org.uk/consumers/how-to-complain
12.1 If you register a dispute with RECC it will be allocated to a caseworker, who will mediate between both parties in an attempt to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale.
11.2 If an agreement is not reached through mediation for any reason, you can refer the matter to RECC’s independent arbitration service and we must agree to arbitration if that is your wish. You would have to pay a small fee directly to the arbitration provider, which may be refunded to you if the arbitrator finds in your favour.
11.3 An award made under the independent arbitration service will be final and legally binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
11.4 Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. Their contact details are as follows: www.microgenerationcertification.org, post to: 8 Fenchurch Place, London, EC3M 4AJ or call 0207 090 1082.
CUSTOMER WARRANTY FOR INSTALLATION SERVICES
Installation Services: Ecovision warrants to you that the installation Services will be performed by the appropriately qualified and trained Ecovision Registered Installers using reasonable care and skill, to such high standard of quality as it is reasonable for you to expect. The Warranty Period for the Installation Services shall be two years from completion of the Installation Services.
Remedial Action: If you make a valid claim about our service in accordance with Ecovision’s Terms and Conditions, Ecovision may arrange for the relevant Products to be reinstalled by any of Ecovision’s Registered or approved Installers or refund to the Customer the charge for the relevant part of the Installation Service (or a proportionate part of such charge).
Exceptions: This warranty will only apply:
General Conditions: You will promptly provide all information and support including access to site and services, reasonable necessary to enable Ecovision to evaluate any alleged defect and to perform its obligations under this warranty. You agree that all premises, plant, power, fuel support services and other inputs that you provide for the installation and use of the products are reasonable, are fit for purpose and will be properly used and provided.
Expertise: Any dispute as to whether a defect is covered by this warranty shall be immediately referred at the request of either party to the Renewable Energy Consumer Code’s Complaint Service as detailed in 9.2 of the Renewable Energy Consumer Code.
Third Party Rights: When Ecovision has installed a system in a property that is sold within the Warranty Period the Warranty will pass to the new legal owner of the property. It may not be transferred to or exercised by any third party.
General Conditions: This warranty is governed by English law and the English courts or by the law and the courts governing where your property is if this is outside England or Wales.
Manufacturers Product Warranty: Most products supplied by Ecovision come with the benefit of a manufacturer’s product guarantee. Where a claim in respect of any of the products is notified to Ecovision by you in accordance with the Ecovision’s Terms and Conditions, Ecovision will liaise with the manufacturer and use all reasonable endeavors to secure a replacement of the product (or the part in question) or a refund of the price of the product (or a proportionate part of the price).