The quotation we have given you is valid for 30 days from the date of issue. To confirm your order, you will need to sign both copies of this contract; you should keep one copy for your records and return the other copy to us at the address on the quotation. No contract will be in place until we confirm the order with you.
The quotation will document all goods and services we propose to supply, along with the total price for these goods and services including VAT.
We will provide you with a timetable for supplying the goods and carrying out the installation.
The quotation will include information as to the performance of the technology we have proposed to install. These performance estimates will be calculated according to the requirements of the appropriate MCS Standard.
We will discuss with you and provide you with information as to the location of key components. You will be given the opportunity to approve the site designs before work commences.
We will advise you on approvals and permissions that may be required for the work. However, it will be your responsibility to ensure that such approvals and permissions are in place.
If there are additional payments that you may have to make, such as planning costs or if you need to consult a Structural Engineer, we will offer assistance and advice, but you will be responsible for these costs.
If there is a particular service or item of equipment that would normally be considered as part of the installation and you have requested that this not be included, then we will have documented this on the quotation.
Please take time to acquaint yourself with this contract if there is anything you do not understand, or if you require clarification on any point, please contact us.
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the Cancellation Form we have supplied but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is a result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will collect the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Work begun prior to the expiry of the cancellation period
If you have agreed in writing that installation work will commence before the fourteen day cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You must confirm in writing that work may commence before your cancellation period expires.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to outside of any required cancellation periods.
Our rights under this contract:
If, within fourteen days of us informing you in writing of a serious breach of your obligations to us you have failed to rectify this breach, we will have the right to cancel this contract.
Should we suffer any losses due to a breach of this contract then we will be entitled to reasonable compensation to cover these losses. We are required to attempt to keep all losses to a minimum.
Timetable for works
We will have agreed with you a timetable for carrying out the installation. By signing this contract you are confirming that you agree with this timetable.
There can be occasions that this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
Should the delay be caused by us, or by our suppliers, and that delay could be considered as severe by a reasonable person, you would be entitled to cancel this contract without penalty to you.
Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However, if the delay incurs us in extra costs, for example scaffolding, we will require that you cover these costs.
Scaffolding is free up to the value of £800, in the event scaffolding will costs more, the difference must be covered by the customer, we will contact you in these circumstances for you to decide whether to proceed or cancel.
The installation will be carried out strictly in line with the MIS Standard relevant to the technology, and to any document referred to within that standard. In addition, we will always ensure that we meet all our obligations under the HIES Code of Practice.
The goods we supply will be of satisfactory quality and fit for the purpose. They will operate as we have described to you.
We will have insurances in place which will cover any loss or damage caused by us or our agents.
You will be required to supply to us normal services free of charge; this would include toilet, washing, water facilities and electricity. You should also ensure we have safe and easy access to the installation area.
Any work to prepare for the installation, carried out by you or a third party that you employ should be carried out in line with the agreed start date for the installation. If this work has not been completed and a consequent delay is caused you may be liable for any costs incurred by us for such a delay.
The work will be carried out by personnel trained in each of the tasks they are assigned.
You will be given warranties for both the installation itself and for the installed goods. The terms of these warranties will be given to you in writing and we will explain them to you verbally.
Within seven days of the completion of the installation we will hand over to you all documentation required as set out within the appropriate Microgeneration Installation Standard.
Deposits, advance payments and goods purchased with deposits and advance payments
Any deposit or advance payment you have made to us or will make to us according to the timescales set out in the quotation, will be placed in a “Client Bank Account”. These deposits and advance payments can only be used to carry out work under this contract.
Should we cease trading because of receivership, administration, or bankruptcy the monies in that bank account will be returned to you or will be given to another MCS Approved Contractor to complete the work.
We are required under the HIES Code of Practice to protect any deposits and advance payments you make to us, as well as the Workmanship Warranty, with an insurance policy. We will give to you the name and contact details of this insurance company with the quotation. You will be entitled to claim on this policy should we fall into receivership, bankruptcy, or administration.
When we purchase goods for use under this contract the legal title to those goods or the proportion of which you have paid us for will pass to you. We will either deliver them to you or we will store them for you and mark them as your property. They will be kept separate from other goods. We will ensure that these goods are insured until they are delivered to you.
You may make arrangements to inspect the goods or to remove them from our premises if you wish.
If we have requested a deposit, then this deposit will not exceed 25% of the total contract price set out in the quotation. Should you decide to cancel this contract within the fourteen-day cooling off period, then this deposit will be returned to you promptly.
If we have requested advance payments in addition to a deposit, the total of all advance payments and deposits will not exceed 60% of the total contract price.
We will not request advance payments to be made any more than 3 weeks from the agreed delivery or installation date.
If we have requested a deposit before a full technical assessment of your property has been made, and we are unable to proceed because of something discovered during that technical inspection, then any deposits or advance payments will be returned.
The quotation will set out in detail when invoices will be sent and the amounts due for each payment.
Goods belonging to us
Any goods belonging to us that have been delivered to you should remain clearly identifiable as our property. Until the title to the goods is transferred to you the goods should be stored in such a way as they are protected from damage. They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or you feel that the goods are causing any form of hazard you should contact us.
Should you terminate the contract for any reason, 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. This amount may be reduced by any reasonable costs we may have incurred.
Changes to the planned work
If you decide to make changes to any planned work after you have signed this contract you should contact us without delay. If you decide on the changes within the “Cooling Off” period, we will issue you with a new quotation. Should you decide to proceed you will have a further fourteen day “Cooling Off” period following the signing of the new contract.
If you make changes to any planned work after your “Cooling Off” period has expired, we will try to accommodate those changes. If these changes are made before we begin the installation process, we will produce a new quotation, if you decide to accept this quotation a new fourteen day working day “Cooling Off” period would apply. If however you decided to cancel this new contract, then any reasonable expenses we had incurred from the original contract would need to be paid to us.
If you wish to make changes during the installation itself, we will try to accommodate these changes if they are technically possible. We will discuss the costs of these changes with you and will provide you with a quotation if we are able to carry out the work you require. We will have documented on the quotation the normal rate for the work of our installers.
There can be occasions when we come across unexpected work. Should this arise, we will discuss this with you. If it is an area of work in which we are competent to operate, we will issue you with a quotation to complete that work. We will have documented on the quotation the normal rate for the work of our installers. If the work is outside our area of competence, we will assist you in finding a suitably qualified contractor to carry out the work. If this unexpected work causes a delay in the installation process, we may need to make reasonable charges for this delay.
You should make the payments agreed on the quotation as they become due. The final payment will be due on completion of the installation. If you fail to make any agreed payment, we may cease work. If you fail to pay the amount specified in an invoice sent to you by the agreed due date, then we reserve the right to charge you interest until you pay the amount due. The interest rate we will charge will be 3% above the Bank of England base rate.
It is not permissible under this contract to withhold any more than a proportionate amount of the outstanding balance for any alleged defect. If you do withhold any amount after a payment has become due, you should give us notice of your intention before the final date on which payment is due. You should also, with that notice, state the reasons for withholding payment.
If we intend to cease work, we will give you notice of this in writing.
If you are in breach of this contract because you have not made a payment that was due to us and we have ceased work, you may have to compensate us for any additional costs we have incurred.
Dependent on the circumstances, we may require that the goods be returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us.
Conciliation and arbitration
Note: The HIES conciliation and arbitration process only covers unresolved disputes arising from issues connected to the sale and installation of small scale renewable technologies.
If at any time a dispute arises between you and us that cannot be resolved you can refer the matter to be handled through HIES’s dispute resolution procedure, provided it falls within their remit. We must agree to follow this procedure if that is your wish. HIES is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information on the HIES website: https://www.hiesscheme.org.uk/how-to-complain/
If you register a dispute with HIES it will be allocated to a HIES Dispute Resolution Office, who will mediate between both parties in order to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale.
If an agreement is not reached through mediation for any reason, you can refer the matter to HIES’s Alternative Dispute Resolution (ADR) Services and we must agree to arbitration if that is your wish. This is completely free as part of the HIES Service. You can find more information on the HIES website: https://www.hiesscheme.org.uk/how-to-complain/
An award made under the independent arbitration service will be final and legally binding to us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
After the installation has been completed all our waste and rubble will be removed from site. In the event of any damaged caused by the contact solar team, we will come out and fix it. Any damaged caused to your property by our installation team must be reported to contact solar via email immediately.
If during your installation we find pre-existing damage to your property, Contact Solar will not be liable for repairing this, or costing of repairing this.
In the event an item you have requested is not available, we will notify you and replace the item with a like for like replacement in terms of functionality. If this is in the case of solar panels we will use the same colours as originally ordered. This will not be deemed as a material change to the contract by ourselves or you as the customer.
Warranties will not extend to damages to products caused by the customer. Accidents, misuse, acts of God, neglect of the products are not covered by the warranty.
If the system has been changed by anyone other than Contact Solar, i.e. repositioning of the products or adding to the system, all warranties will no longer be valid.
In the case of an event out of our control, the warranties will also no longer be valid.
Events Outside our Control
Contact Solar cannot be held liable for and changes in performance due to events outside of our control. An event outside of our control can include, but not limited to; striking, power cuts, terrorist attacks, war, fire, explosions, natural disaster, global pandemic, pigeons, pests.
Contact Solar will arrange with third parties for any scaffolding that will need to be erected. Due to a third party being used scaffolding may be left up for four weeks after the completion of the installation. During this period Contact Solar will not be liable for any loss of satellite signal.
Governing Law and Jurisdiction
The contract you have entered is governed by English Law. Contact Solar and our customers both submit to non-exclusive jurisdiction of English Courts. If you are a resident of Scotland you may also bring proceedings in Scotland.