The Contract with Switched On (Yorkshire) Ltd., of The Yard, Brook Street, Normanton, WF6 2LP and the Customer as outlined overleaf.
Our main obligations to you:
• We will carry out the work with all reasonable skill and care according to the timetable agreed with you.
• We will carry out the work and all communication with you to the required standards and installations will only be carried out by installers who are qualified to work safely and legally on the energy efficiency measures specified.
• We will provide you with a guarantee that covers both the installation and the goods installed.
Your right to cancel:
• You can cancel this contract and receive a full refund of your deposit by sending written notice for the attention of Gregory Cox at Switched On (Yorkshire) Ltd., The Yard, Brook Street, Normanton,
WF6 2LP (Greg@switchedon.info) no later than 14 days after the date on which this contract was signed; this right is known as the “Cooling Off Period”.
• If there is a severe or unreasonable delay beyond the “Cooling Off Period”, not caused by you, or by events beyond our control, then you will have a right to cancel this contract and receive a full refund.
• If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund. (You can also seek the other remedies detailed in section 9.3 of
Your main obligation to us:
• You may be asked to pay a deposit when you sign the contract. This is normally 20% of the total contract price.
• It is your responsibility to get the necessary permissions and approvals for the work to take place.
• If you fail to pay on time, we may stop work and charge additional costs.
• If you cause the work to be delayed, we may stop work and charge reasonable additional costs.
• You have the option to pay for your goods by credit or debit card. Our partner Secure Trading will manage the processing of payments. The deposit will be taken by card, with the final balance payment taken automatically by the same card upon completion and commissioning of the
installation in accordance with clauses 3.2 and 3.2.1. This does not affect your statutory rights however if we fail to provide a suitable service or your order is defective in any way. There are no additional fees charged by us for using a credit or debit card and we will follow the rules on securely
storing customer data to protect your financial information and only retain your details as long as necessary.
ACCEPTANCE OF PROPOSAL
1.1 The Quotation is valid for a period of 28 days from the date of receipt. If you wish to proceed then you must sign both copies of the Quotation/Contract and return one of these to Switched On
(Yorkshire) Ltd., The Yard, Brook Street, Normanton, WF6 2LP (firstname.lastname@example.org). The Quotation is provided on the basis that no Contract is in place until you provide written confirmation
that you wish to proceed.
1.2 We will rely upon the written terms set out here in the Quotation/Contract. Please read them carefully before signing them. If you need any explanations about these terms and conditions then please write or telephone 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 Gregory Cox
The “Cooling Off Period”
1.3 You can cancel this Contract by sending written notice using the address provided. You must send that written notice no later than 14 days after the date on which this Contract was signed; this right is known as the “Cooling Off Period”. If you cancel after that period, then unless we are in breach of
this Contract, the conditions set out in section 9.1.1 of this Contract will continue to apply.
1.4 If you agree to waiver the 14 day Cooling Off Period then please carefully read Clause 9.6 and your Customer Cancellation Rights as you may incur additional charges.
OUR MAIN OBLIGATION to you is to do the work with all reasonable skill and care according to the Timetable set out in the Quotation and agreed in the Contract.
2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described in the Quotation. The goods we supply must:
• be of satisfactory quality;
• be fit for purpose; and,
• operate as we described to you.
2.2 We agree to supply the goods and carry out the installation work as specified in the timetable set out in the Quotation. We must have discussed that timetable with you before you sign this Contract.
Your acceptance of these terms indicates that you agree to proceed using that timetable.
2.2.1 We may adjust that timetable after discussing this with you according to the conditions set out in section 8 of this Contract. If we fail to carry out the work according to that timetable then the conditions set out in section 8.2 of this Contract shall apply.
2.2.2 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 8.2.1 and 8.2.2 of this Contract will apply.
2.3 We will carry out the work and all communication with you according to industry standards. Our obligations include (but are not limited to) giving you:
• a detailed Quotation that includes:
• an itemised list of goods to be supplied and installed
• an itemised list of services not included in the Quotation which you will need to provide
• any relevant taxes such as VAT
• a timetable for supplying the goods and for carrying out installation work
• a right to cancel this Contract by sending written notice to us using the proposed system and any grants or other financial incentives available for that work
• detailed information about any work you need to do before the installation can begin and about when that work needs to be carried out
• accurate and truthful information both in our verbal communication with you and our marketing literature and advertising
We have appropriate insurance to cover possible third-party damage, which may be caused by any of our activities in supplying the product and system to you.
2.4 The installation must comply with the relevant installer standards.
2.5 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 seven days of the
installation being completed.
YOUR MAIN OBLIGATION to us is to make the payments due to us
3.1 You will pay us the deposit specified in the Quotation when you sign this agreement. The deposit shall not amount to more than 20% of the total contract price set out in the Quotation. Should you
decide to cancel the Contract within the “Cooling Off Period” (see section 1.3 of this Contract) we will return that deposit to you in full.
3.1.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full.
Final Balance Payment
3.2 The balance outstanding on the contract price is due on completion and commissioning of the installation. We will issue you with an invoice when the work is complete and has been
3.2.1 You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of
any alleged minor defect you must give us notice before the final date on which the payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of late payment
3.3 If you fail to pay the amount specified in an invoice by the due date then we may charge interest per day for each day after the due date until the full amount is paid. The interest rate we charge will be 4% above the base rate set by the Bank of England.
3.4 If you are in breach of this Contract because you have failed to make an agreed payment then we may 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.
3.5 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 and any reasonable costs incurred.
Your other obligations to us
4.1 You must obtain all relevant permissions that may be 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.
Supply of services
4.2 You must agree to provide the following for our use free of any charge:
• water, washing facilities and toilets;
• electricity supply;
• adequate storage space;
• safe and easy access to your property from the public highway;
• easy access to the location within the property where the installation is to take place by removing all
4.3 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 8.3 of this Contract will apply.
4.4 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 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 7 of this Contract
Delivery, Title and Risk
5.1 We will deliver the goods to the location detailed in the Quotation.
5.2 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 also be able to inspect the goods and/or repossess them.
5.3 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 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.
5.3.1 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.
5.4 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.
Change of work
6.1 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:
• it is technically possible;
• we have the necessary resources;
• the necessary permissions are in place.
6.2 If we agree to this change of work you must
• confirm this in writing; and
• do so within 14 days of when you first tell us.
6.3 We will then adjust the price:
• by written agreement beforehand, if possible; or if not then
• by later written agreement; or if not then
• by referring to any priced documents, if this applies, or if not then
• by a reasonable amount for the work done or goods supplied.
6.4 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.
7.1 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 the control of the member.
7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 6.3 of this Contract will apply.
Changes to Agreed Timetable
8.1 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.
Consequences of delay caused by us
8.2 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
8.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products or equivalent specification, value and quality, so long as they are to a similar standard.
8.2.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section 9.2 of this Contract.
Consequences of delay caused by you
8.3 We will seek to accommodate small delays without recourse to compensation.
8.3.1 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 6.3 and subject to section 7 of this Contract.
Cancellation of this Contract
9.1 As detailed above in section 1.3 of this Contract, you can cancel this contract by sending us written notice no later than 14 days after the date on which this contract was signed.
9.1.1 If you cancel this Contract after the period referred to in sections 9.1 and 1.3 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.
9.2 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 and receive a full refund.
9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:
• cancel the contract and receive an appropriate refund; or,
• request a repair or a replacement; or,
• ask for compensation.
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.
9.4 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 rectify the alleged breach.
9.5 If we suffer a loss as a result of your breach of contract, we must 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.
9.6 If you have agreed in writing to waiver the 14 day Cooling Off Period and that the installation work will commence before the 14 days cancellation period expires, and you subsequently cancel in
accordance with your rights, you are advised that reasonable charges may be due for any work carried out or for any goods that have been ordered or losses or charges reasonably incurred that cannot be recovered due to a late cancellation.
In the event of an unresolvable issue, You can refer Your case to Our nominated alternative dispute
resolution provider through HIES, QA Scheme Support Services LTD and the Dispute Resolution
Ombudsman, HIES Can be contacted at:
T: 0344 324 5242
Centurion House, Leyland Business Park, Centurion Way, Leyland, PR25 3GR
10.1. This Contract is subject to the applicable laws of England, Wales, Scotland and Northern Ireland and save that the parties agree that, in the event of a dispute, We will exclusively attempt to resolve the dispute through HIES’s alternative dispute resolution services, the courts of England and Wales shall have exclusive jurisdiction to hear any dispute arising from this Contract.
10.1 In a small number of cases, to check on quality, extra visits may be required. We will give you reasonable notice if this applies.
Personal Information and Data Protection
11.1 In the course of our dealing with you we may collect and process certain information about you, including your name, date of birth, address, contact details (including your email address and contact
telephone number), payment details (where applicable), any benefits you receive or are entitled to (including disability benefits) (where applicable), and other information about you and the property in respect of which services and products may be provided. Your personal information may be used by us, our employees, contractors or agents to:
• identify you during any communication between you and us
• assess eligibility for services and products (whether provided by us or on our behalf)
• communicate with you to arrange the provision of such services and products:
• administer and provide such services and products:
• detect and prevent loss, fraud and other criminal activity:
• carry out credit reference checks (if applicable):
• carry out market research and to help us review, develop and improve the services and products we offer: and
• contact you (in accordance with your preferences), by post, telephone, SMS, email and other electronic means with information about products, services, promotions, and offers that may be of interest to you.
12.2 In the event that we sell or buy any business or assets, we may disclose personal information held by us to the prospective seller or buyer of such business or assets. If we or substantially all of our assets are acquired by a third party, personal information held by us will be one of the transferred assets.
12.3 Your personal information may also be used by us, our employees or agents if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce any agreement we have with or otherwise concerning you, or to protect our rights, property or safety or those of our customers, employees or other third parties.
12.4 You have the right to access information held about you and you can ask for a copy of the personal information held about you. You also have the right to ask for inaccuracies in information to be corrected.
Any access request is free however a charge may be made if your requests are excessive. A copy of the information held about you by us can be requested by writing to us at the address shown. We will not transfer your personal information outside the EU without first obtaining your consent.
General Applicable Law
This contract to which these conditions apply in all respects be governed and construed in accordance with the law of England.
Neither party shall be liable to the other for any delay or failure to perform its obligations under a purchase order where such delay or failure is caused by an unforeseeable or unavoidable event or circumstance that is beyond the reasonable control of that party.
If any provision (or part provision) of these T&C’s are (or become) invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision of part-provision under this paragraph shall not affect the validity and enforceability of the rest of these T&C’s (or the contract created by them).
Notice of Right to Cancel the Contract
If the customer wishes to exercise his/her right to cancel the contract, this section should be completed, detached and returned to Switched On (Yorkshire) Ltd.
Customer Cancellation Rights
You have the right to cancel this contract if you wish, within fourteen days starting the day after you receive this Notice of Right to Cancel. Cancellation should be communicated in writing or by e-mail to:
Gregory Cox at Switched On (Yorkshire) Ltd., The Yard, Brook Street, Normanton, WF6 2LP
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 or 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 the company.
Work begun and goods ordered 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 or for any goods that have been ordered or losses or charges reasonably incurred. You must confirm in writing that work may commence before your cancellation period expires.