Mr Solar Ltd
These terms & conditions, together with the order form(“Order Form”), detailing the works, you the person named as the customer on the Order Form, have instructed Mr Solar Ltd for the provisions of those works. Mr Solar Ltd this does not affect guarantees or statutory rights. Please read the terms & conditions carefully and ensure you agree to them. If you have any questions please contact Mr Solar Ltd Beacon Innovation Centre Camelot Road Gorleston Norfolk NR31 7RA, Or call us.
- The Quotation
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. 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. This contract will include information as to the estimated performance of the technology we have proposed to install, you should consider only the contract estimated performance in your decision to proceed. These performance estimates will be calculated according to the requirements of the appropriate uk 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 as this is the only document outlining our agreement, all other verbal and information given are replaced by this contracts terms & Conditions and estimated performance shown on the contract, if there is anything you do not understand, or if you require clarification on any point, please contact us.
- 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. 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.
- Related credit and other agreements
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.
6, 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.
- The Installation
The installation will be carried out strictly in line to the relevant technology, and to any document referred to within that standard. In addition, we will ensure at all times that we meet high standards. The goods we supply will be of merchantable 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 after balance payment received.
6.1 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 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.
- Deposits, advance payments and goods purchased with deposits and advance payments
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 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. The amount of any reimbursement 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. 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 and 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.
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. We do not undertake the making good or reinstatement of lawns, pathways, patios or any other finish or decorative finish.
- Late payment
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 5% above the Bank of England base rate on a daily basis. It is not permissible under this contract to withhold any more than a proportionate amount of the outstanding balance for any alleged defect been no more than 5% of the contract total gross value. 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 are 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
If we are in dispute on any issue where we cannot come to an agreement then we can refer the matter to conciliation. If you wish to go to conciliation, we are obliged to agree. Independent Arbitration Service is the conciliation service that will be used. A suitably qualified expert will be appointed to consider the dispute. This expert will make recommendations to resolve the dispute. These recommendations are not binding on either party. If you decide to follow this route, you will be required to pay a fee equivalent to the county court small claims procedure fee. You will have this fee refunded if the arbiter finds in your favour. An award made under the independent arbitration service will be final and legally binding. Either party may only challenge the award on certain limited grounds under the Arbitration Act 1996.
Customer Cancellation Rights
You have the right to cancel this contract if you wish within fourteen days starting on the day this Notice of Right to Cancel is issued. Cancellation should be communicated in writing or by e-mail to admin@mrsolarpv.co.uk : The Cancellation Notice form may be used to exercise this right and can be delivered in person, by email or sent by post – in which case you should obtain a Certificate of Posting or Recorded Delivery slip. You are advised to take a copy of the cancellation notice before returning it to us. Your cancellation is deemed to have been served as soon as it is delivered in person, posted, or, if you have sent an email, from the day the email is sent to us.
Work begun prior to the expiry of the Cancellation Period
If you have agreed in writing that 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 can use the form below.
