Terms & Conditions for Domestic Installation
Last updated: August 2022
Green Building Renewables Terms & Conditions for Domestic Installation
General
1. DEFINITIONS:
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- Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
- Contract: the contract between the Company and the customer for the sale and purchase of the Goods, including the Quotation and these Conditions;
- Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control;
- Goods: the goods (or any part of them) set out in the Quotation;
- Order: the Customer’s order for the Goods, as set out in the quotation document signed by the Customer;
2. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
3. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
4. The Customer is responsible for ensuring that the terms of the Quotation and any applicable Specification are complete and accurate.
5. The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, at which point the Contract shall come into existence.
a) We will carry out the work and all communication with you according to RECC (Renewable Energy Consumer Code). As a member of this Scheme our obligations include (but are not limited to) giving you:
i) a detailed Quotation that includes:
a. a list of the goods to be supplied
b. details of any other services to be provided
c. a list of any services not included in the Quotation (which you may need to provide)
d. any relevant taxes such as VAT.
ii) if agreed, a start date for supplying the goods and for commencing the installation work (if applicable).
iii) a right to cancel this Contract by sending written notice to us and address provided by us (see section 1.3).
iv) information about any approvals and permissions required for the proposed system and any grants or other financial incentives that you may be eligible to apply for.
v) a written estimate of how the system will perform, calculated according to the relevant MCS installer standard.
vi) detailed information about any work you need to do before the installation can begin and about when that work needs to be completed.
As members of the RECC 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. Our insurer is Aviva at the following address:
Aviva
Pitheavlis
Perth
PH2 0NH
6. The Quotation 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.
7. Where unexpected work arises, we will inform you and ask how you want us to proceed. If you want us to continue, then the following will apply:
a. We will then adjust the price:
i) by written agreement beforehand, if possible; or if not then
ii) by later written agreement; or if not then
iii) by referring to any priced documents, if this applies; or if not then
iv) by a reasonable amount for the work done or goods supplied.
8. If, after signing the Contract, you want to change the work scope, you must consult with us first. We may be able to incorporate your changes into the installation provided that:
a) it is technically possible;
b) we have the necessary resources;
c) the necessary permissions are in place.
9. If we agree to this change of work scope you must:
a) confirm this in writing within 14 days from when you first inform us of any changes to the scope of the works.
10. It is hereby agreed that time is not of the essence of the contract unless specified under special conditions and confirmed by the company prior to installation. The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. The time quoted for completion of the work is that anticipated at the time of placing the order and Green Building Renewables (“the Company”) undertake to make every effort to maintain or improve upon it. The Company will not be held responsible for any consequential loss whatsoever arising from any delay in the completion of the work after the anticipated completion.
11. If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
12. If the Customer fails to accept delivery of the Goods upon delivery, then, except where such failure or delay is caused by a Force Majeure Event or the Company’s failure to comply with its obligations under the Contract in respect of the Goods:
a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the Business Day after the day on which the Company notified the Customer that the Goods were ready; and
b) the Company shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
13. Quotations are provided to you without obligation and we will not infer any obligation on you to place an order because we have met with you to discuss the possible installation of the Product(s) or system.
14. The Contract price is agreed and given on the understanding that mains electricity and a supply of cold water is available on site. Where this is not the case, the customer must make the Company aware before any installation work is undertaken. Lack of mains electricity and/ or cold water supply may result in delay or prevent project completion and/ or additional charges. The customer agrees to permit unrestricted access to the installation address to the Company, its servants and engineers on reasonable notice at reasonable times so that the Company can complete, commission and service the installation.
15. The Contract is agreed subject to survey by the installation engineers and if, as a result of the survey the Company finds it impractical, impossible or for any reason is unwilling to carry out the installation the Company shall give notice to the customer of its intention to withdraw from the Contract. The Contract may be subject to funding or generation income from third parties. If funding or generation income is withdrawn the Company may not be able to complete the Contract at the agreed price.
16. The installation of all systems will comply with current building regulations and all electrical work installed by Green Building Renewables will comply with Part P regulations. It is the householder’s responsibility to ensure that the rest of the property meets Part P. If the existing system does not meet required standards to a level which is deemed safe or is deemed dangerous the company reserves the right to remove its employees from site with immediate effect and with no liability, until such time as the system meets the required regulations.
17. The installation must comply with the relevant MCS installer standard MIS3002 and MIS3005.
18. The Company will make every effort to complete the work by the time agreed with you, however delays may occur for reasons beyond our control and we cannot be held responsible for those delays. If such delays occur we will complete the work as soon as reasonably practicable. We will not be responsible for any income lost or other consequential loss as a result of a delay to the installation or commissioning of a system. In the case of major delays to the delivery of goods then you will be offered different products of equivalent specification, value and quality, so long as they are MCS certified. In the case of delays of more than 30 days to the delivery of goods, the customer will be entitled to cancel the contract and where no work has been completed receive a full refund for any upfront payments paid to the Company.
19. The Company will seek to accommodate small customer delays without recourse to compensation. If the work is delayed or lasts longer than expected for any reason, we will adjust the price accordingly.
20. The Customer must take reasonable responsibility whilst the engineers are working on their property. It is the Customer’s responsibility to point out to the Sales Consultant and Installation Engineers prior to the commencing of work, any unsafe roofs, pathways, pipes or cables that may not be visible due to rendering or in cavities or behind plasterwork. If in doubt, consult the Sales Consultant and Engineers when they are at your property.
21. By signing the Contract, the Customer is deemed to accept and understand the terms and conditions of the grant, funding or income payment that is provided by a third party. We will share details relating to your property/installation with the Department of Energy and Climate Change (and where appropriate the Scottish Government and Welsh Assembly Government) the funding body and the accreditation body. The information will be treated in strict confidence in accordance with the Data Protection Act and the Code of Practice for Official Statistics and will only be used for the purposes of research and statistical analysis and to assist in the targeting of energy saving activity.
22. We reserve the right to use photographs of any installation for marketing purposes on our website, save in circumstances where you expressly disagree.
Payment & Warranty
23. The price of the Goods shall be the price set out in the Order.
24. The work carried out and installed by the Company enjoys the benefit of guarantees which are applied for after full payment of accounts and completion of the work. This does not affect your statutory rights.
25. All savings quoted by the Company are approximate and not guaranteed. They are dependent upon the energy usage, weather and lifestyle of the client.
26. The purchase price is payable upon completion of the installation. Payment is to be made to the Company or its servants by cheque or BACS.
If the customer does not pay the balance of the purchase price on the due date as specified in the Quotation the Company reserves the right to charge interest on the balance of the price outstanding, such interest to be apportioned on a day to day basis and to be calculated at the rate of 8% per annum above the base rate of Bank of England for the time being in force at the date of completion of the work. Legal title to the goods and products shall not pass to the customer until the Company has received in full all sums due to it.
27. Where the customer is responsible for making an application for any grant or income, which is payable to themselves or the Company. The Company shall not be responsible for making their application for any grant or income payable directly to you and the Company shall not be responsible for any financial losses incurred as a result of such applications being made to, or received by the third party after any imposed deadlines.
28. Where the customer is utilising a grant towards the full or partial cost of an installation (such as the Boiler Upgrade Scheme (BUS)), the customer will be liable for full costs of the installation until such time as the grant is paid in full to Green Building Renewables. If any grant payments are withheld for a period longer than 3 months, the company reserve the right to recoup the full installation costs from the customer. Green Building Renewables will accept no liability for the non-payment or refusal of a grant towards an installation and where this occurs, the customer must pay the full balance to Green Building Renewables.
29. The company will aim to release accreditation certificates, such as but not limited to MCS and an installation handover packs (where appropriate), within 7 days of project completion.
30. A deposit of 25% will be requested by the Company when the order is placed. In the event of cancellation by the Customer, this deposit is fully refundable unless outside the cooling off period and materials have been purchased to fulfil the contract. In this case the deposit will be refunded nett of the cost of any materials purchased (where applicable). Where an order has been placed for heat pump (ground and/or air source) supply and/or installation a further payment of 35% of the contract value is due upon delivery of the equipment to site.
31. The risk in the Goods shall pass to the Customer immediately on completion of delivery.
32. Title to the Goods shall not pass until the Company receives payment in full for the Goods, at such time as the payment is received the title shall pass to the Customer
33. Until title to the Goods passes to the Customer, the Customer shall:
a) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
b) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
c) give the Company such information as the Company may reasonably require from time to time relating to the Goods and ongoing financial position of the Customer.
34. If planning permission is required and the customer chooses for the Company to submit the planning application the deposit will be used to cover these additional costs. Where permission is declined or the customer cancels the order subsequent to planning permission being granted the Company will return the customer’s deposit net of the costs associated with the planning.
35. If the company submits a notification to the District Network Operative (DNO) on the customers behalf, as part of the requirements for their installation and the customer chooses not to proceed and/ or the authorisation is not granted, the customer will still be liable for the associated costs of the application.
36. The Company shall not be liable to the customer for any form of indirect or consequential losses incurred by you including loss of profits, pure economic loss, depletion of goodwill or otherwise.
37. Warranty claims made by the customer are claims against the provider of the faulty equipment and whilst we agree to administer the warranty process we are not liable for such claims.
38. The Company do not manufacture the System equipment or components and cannot ourselves warrant or guarantee their performance. The principal equipment within the System each comes with a manufacturer warranty. These warranties cover manufacturing faults, satisfactory quality of the equipment within the meaning of the Supply of Goods and Services Act 1982 and fitness for the purpose for which the equipment is designed. If you need to make a claim under the warranty we will administer this process on your behalf and ensure that your claim is dealt with appropriately by the equipment provider.
39. We warrant all other goods and labour that form part of the System against failure or breakdown for a period of two years from the date of commissioning. If there is an extended period between installation and commissioning, due to works outside of Green Building Renewables contracted works, then the 2 year warranty will commence on the final day of the installation of the system, not the commissioning date.
40. “If during the 2-year warranty period, a Green Building Renewables Engineer is required to attend site to diagnose or rectify a fault and the issue is identified to be unrelated to the installation carried out by Green Building Renewables (such as a failure on existing pipework or a fitting not installed by GBR), charges may be applicable. Where there is a system fault or failure during the manufacturer’s warranty period but outside of the Green Building Renewables installation warranty period, whilst the parts may be replaced under the manufacturer’s warranty, the repair/site visit/s by a Green Building Renewables engineer may be chargeable. Please note that our usual working hours are 08:00 – 17:00 Monday to Friday. Save in circumstances where there is a severe threat to life or exceptional damage, our engineers will not attend repair/site visits, etc. outside of these hours.”
Cancellation
41. You have the right to cancel your agreement. You can cancel this Contract by sending us written notice using the address provided. You must send that written notice no later than 14 days after signing your contract, this right is known as the “Cancellation Period”. If you cancel after that period, then you may have to pay compensation for any 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 towards these costs. We will not commence installation until the Cancellation Period has expired unless you give your express written permission.
42. Any cancellation made by the customer after the expiration of the cooling off periods, the customer will be required to pay all the costs and losses incurred by the company.
43. Please be aware that you will lose the right to cancel the contract within the Cancellation Period if the work is completed during this period. If this occurs, the entire contract price will be payable.
44. If there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you will be entitled to cancel the Contract by providing us with 14 working days written notice and receive a full refund. This is in line with the RECC Renewable Energy Consumer Code and the Supply of Goods and Services Act 1982.
45. Additionally, if we are in serious breach of our obligations as detailed in this Contract, then you have a right to:
a) cancel the Contract and receive an appropriate refund; or,
b) request a repair or a replacement; or,
c) seek compensation.
Termination
46. Without limiting its other rights or remedies, the Company may terminate this Contract with immediate effect by giving written notice to the Customer if:
a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
d) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
47. Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
48. On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Customer immediately on receipt.
Conciliation and Arbitration
49. If at any time a dispute arises between you and us which cannot be resolved amicably then either party can refer the matter to conciliation. We must agree to conciliation if that is your
50. The conciliation service that will be used is that offered by the RECC and is described in the Consumer Code. It aims to reach a non-legal solution to the dispute in a reasonable timescale. The RECC will appoint a suitably qualified independent expert (or experts) to consider the matter in the light of consumer protection legislation in After considering all the evidence, either in writing, or in a face-to-face mediation, the expert will make recommendations for resolving the issue. Neither party will be bound by these recommendations, though both are strongly encouraged to accept them in the interests of resolving the dispute speedily and effectively.
51. If the conciliator’s 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 If we would like to seek arbitration, then we must seek your permission first. The procedure used for independent arbitration is described in the RECC Renewable Energy Consumer Code. You will have to pay a fee equivalent to the County Court small claims procedure fee. This fee will be refunded to you if the arbitrator finds in your favour.
52. 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
Complaints Statement
53. If you have any complaints, please refer to our Complaints Policy on our website: greenbuildingrenewables.co.uk. We will endeavour to respond to your complaint within 30 days.
54. Where we are unable to resolve your complaint using our own complaints procedure, we use RECC for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so, please contact RECC in the first instance on +44 (0)207 981 0850.
Assignment and other dealings
55. The Company may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
56. The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Company.
Data Protection
57. Green Building Renewables is part of the Efficient Building Solutions Group. Your data may be shared with any other members of the Efficient Building Solutions Group. We will never sell your data and your data will be safeguarded in accordance with our Privacy Policy.
Entire Agreement
58. The Contract constitutes the entire agreement between the parties.
59. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Governing Law And Jurisdiction
60. Please note that these terms of use and any associated Quotation re governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.