We are Over to Solar Limited (“OTS”), company with registration number 14479691 registered office 29 Waterden Road, Guildford, GU1 2AZ, registered VAT number 430295711
This Contract has been prepared to comply with all our obligations under the Renewable Energy Consumer Code (“RECC”) and the Microgeneration Certification Scheme (“MCS”).
These are the terms and conditions on which we supply and install solar panels and/or storage batteries and related products (“goods” or “products”) to you.
These terms tell you who we are, how we will provide and install products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. Please also let us know if there is anything you do not understand, or if you require clarification on.
Our main obligation to you is to carry out the work with all reasonable skill and care according to the standards set by the RECC and MCS and according to the timetable set out in our Quote, Under the MCS, only certified companies can enter into a contract with a customer for the sale and installation of a system. Our MCS Certification number is: NAP-70088
1. Survey, quotation and acceptance of your order
1.1 Our acceptance of your order will take place after we have carried out a full technical assessment (“survey”) of the installation site and we confirm that we are able to supply and install the product (or supply only where you are making your own arrangements for installation) and agreed the price.
1.2 If we are unable to accept your order, we will let you know. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because your property is not suitable for the product or because we are unable to meet a condition that you have specified.
1.3 We will provide you with a written quotation which will be 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.
1.4 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.
1.5 The quotation will document all goods and services we propose to supply, along with the total price for these goods and services including VAT.
1.6 We will provide you with a timetable for supplying the goods and carrying out the installation.
1.7 The quotation will also 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.
1.8 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.
1.9 Where we are unable to supply the solar panels and/or storage battery with the capacity that was specified in the quotation, we will inform you of this in writing and you will have the right to cancel this contract.
2. Payment
2.1 You agree to pay the full price, as agreed between you and OTS for the products to be supplied and installed, prior to the installation of the system. 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.
2.2 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.
2.3 Any deposits and advance payments that you make to us can only be used to carry out work under this contract.
2.4 We are required under the Renewable Energy Consumer Code 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 them 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.
2.5 We will ensure that these goods are insured until they are delivered to you.
2.6 If you decide to cancel your contract for our goods and services, then any credit agreement and any other ancillary contracts related to the main contract will be automatically cancelled.
2.7 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.
2.8 If you 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.
2.9 Depending on the circumstances, we may require that the goods are returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us.
3. Right to cancel
3.1 You have the right to cancel this contract during the ‘cancellation period’ without giving any reason. The cancellation period lasts 14 days and will start on the day the last part of the goods relating to the contract is delivered to you[DW1] . You can also cancel the contract without penalty before any of the goods are delivered.
3.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by sending an email to [email protected].
3.3 You may also cancel this contract if there is an unreasonable delay of more than 12 weeks in the installation being carried out provided that this delay has not been caused by you. You would also be entitled to a full refund if that delay has been caused by something outside of our direct control but not caused by you.
3.4 If you cancel this contract outside the cancellation period, you may have to pay to us reasonable costs for any losses we may have incurred. We will attempt to keep these costs to a minimum. If you have paid us a deposit or any advance payments we may retain all or part of these payments as a contribution.
3.5 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.
3.6 If the final design or the capacity of the solar panels and/or storage battery differs from what is outlined in the quotation, you are entitled to cancel the contract. You are also entitled to cancel the contract if, due to price increases in products, the total cost of this contract increases between initial signing and the payment schedule being introduced.
3.7 If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract and request a repair or replacement or you.
3.8 If within fourteen days of OTS 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 your 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.
4. Effects of cancellation
4.1 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).
4.2 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.
4.3 We will make the reimbursement without undue delay and in any event, 14 days after the day we receive back from you any a) goods supplied, or b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.4 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 at our expense. 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.
5. Work begun prior to the expiry of the cancellation period
5.1 If you have agreed in writing that installation work will commence before the cancellation period expires, and you subsequently cancel in accordance with your rights, reasonable payment may be due for any work carried out.
5.2 You must confirm in writing that work may commence before your cancellation period expires.
6. Timetable for works
6.1 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.
6.2 There can be occasions that this timetable may need to be varied, due to, for example, poor weather, unavailability of goods and services or staff absence. 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. In the case of severe delays to the delivery of goods then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified. You can either accept that offer, wait for the products you ordered or choose to cancel the contract without penalty.
6.3 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.
6.4 However, if the delay results in OTS incurring extra costs, for example scaffolding, we will require that you cover these costs.
6.5 If no one is available at your address to take delivery of the goods, we will leave you a note that the products have been returned, in which case, please contact us to rearrange delivery. Please note that there may be a charge for redelivery.
6.6 Our products are heavy and may be delivered on a large vehicle so it is important that you advise us of details of any restricted access (e.g. narrow drive/overhanging trees/uneven surfaces such as gravel or cobbles and parking restrictions etc.) before delivery so that the most suitable delivery vehicle can be used for your delivery. If you do not provide such information to us, we may not be able to deliver the product to the address given to us by you and the product may have to be returned to our premises, in which case you may have to pay our reasonable charges for storage and/or rearranged delivery.
7. The Installation
7.1 If you wish to postpone your installation from a previously agreed date, we must receive 7 full working days’ notice that you wish to abort the installation otherwise we reserve the right to apply cancellation charges.
7.2 The goods we supply and install 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. Installation of the products 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 ensure at all times that we meet all our obligations under the RECC Consumer Code.
7.3 During the installation 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, clear and easy access to the installation area and if required, the password to your Wi-Fi.
7.4 If you live in an area with restricted parking, it is your responsibility to provide a permit or a parking space for our installation teams or provide payment for a parking meter during the installation period. Any penalties incurred by our installation teams as a consequence of your not providing a permit or a parking space shall be for your account.
7.5 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 need to ensure that there are no other tradesmen working in the direct vicinity of the place where our products are going to be installed. This ensures that your order is installed safely and that no damage occurs to your order by a third party, during this time.
7.6 If we attend your site and, for whatever reason related to you or your property not visible or obvious at the time of survey, we cannot install your products on the scheduled installation date then we reserve the right to charge a failed installation charge. This charge will be calculated considering any significant factors and costs that we may incur. Where a failed installation takes place the failed installation charge and any final balance due is required to be paid in full prior to our re-attendance.
7.7 We may require access after the initial installation to complete remedial or snagging visits to complete installations. During these visits, OTS will need reasonable access on site but we will confirm appointments with you prior to attendance.
8. Warranties
8.1 You will be given warranties for both the installation itself (i.e. workmanship) 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.
8.2 OTS will not be liable for any damages arising from the installation or use of the products supplied, including but not limited to any direct, indirect, or consequential damages, loss of profit, or loss of business. You agree to indemnify and hold OTS harmless against any claims or damages arising from the use of the products supplied and installed by OTS.
8.3 Notwithstanding 8.1 above, OTS warrants that the solar panel and battery storage system supplied and installed by OTS free from defects in materials and workmanship for a period of 2 years from the date of installation, the battery storage system shall perform as warranted for a period of 10 years from the date of installation and that the solar panels shall perform as warranted for a period of 25 years from the date of installation.
9. Goods belonging to us
9.1 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.
9.2 Where products and materials are delivered to, or stored at, the installation site you, the customer, shall not be liable for inspection, storage or handling of those goods. This does not preclude us asking you to check the goods received for any visible damage, and to ensure they are correct.
9.3 Should you terminate the contract for any reason, then we will make arrangements with you to collect the goods. 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 make adequate and reasonable arrangements with us to allow the goods to be collected, we retain the right to take legal proceedings to recover the goods or their value.
9.4 The amount of any reimbursement may be reduced by any reasonable costs we may have incurred.
10. Changes to the planned work
10.1 If you decide to make changes to any planned work after you have signed this contract you should contact us without delay. Wherever possible we will incorporate your changes and if we are not able to do so we will inform you as to why it is not possible for us to do so. Where we are able to agree to your changes, we will require that you set out, in writing within fourteen days, confirmation of your request. You need to be aware that any changes to the original design may mean an adjustment to the cost of the installation. Any adjustment in the cost, either in addition or subtraction will be dealt with as a Variation of Contract and we will adjust the price by written agreement with you. You are also entitled to cancel the contract if there are changes in the original design or if the main solar panels efficiency and/or storage battery capacity differs to that in the quotation, as outlined in clause 2 of this contract.
10.2 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.
10.3 Notwithstanding any other term herein, OTS shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to an event of Force Majeure. For the purpose of this Agreement, “Force Majeure” means any event beyond the reasonable control of the [Company], including, but not limited to, acts of God, strikes, lockouts, labour disputes, civil unrest, war, terrorism, natural disasters, epidemics, pandemics, or governmental action.
11. Dispute resolution
11.1 Any dispute between you and OTS will be subject to English law.
11.2 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. Note: The RECC mediation and arbitration process only covers unresolved disputes arising from issues connected to the sale and installation of small scale renewable technologies. 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 .
11.3 If you register a dispute with RECC it will be allocated to a RECC caseworker, 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 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.
11.4 You can find more information on the RECC website: www.recc.org.uk/consumers/how-to-complain/independent-arbitration
11.5 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. Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. We will supply their contact details to you on request.
11.6 If the dispute does not fall within the RECC’s dispute resolution procedure, then the dispute will be subject to the jurisdiction of the English courts.
12. Amendments
12.1 OTS reserves the right to amend these terms and conditions at any time, and the customer will be bound by any such amendments from the date they are published on our website – www.overtosolar.com