Abode Heat General Terms & Conditions of Contract

1. ACCEPTANCE OF PROPOSAL

1.1. The Quotation is valid for the period indicated. If you wish to proceed, then
you must electronically sign and accept the quotation. No contract is in place
until we send an acknowledgement of the order to you.
1.2. Please read these terms carefully before signing them. If you need any
explanations about them, please call us on 0333 577 9292, email
customer@abodeheat.com or contact us at Regus Building, 1 Emperor Way,
Exeter, Devon, EX1 3QS.
1.3. This agreement is governed by English law and the English courts or by the
law and the courts governing where your property is if this is outside England
or Wales.

2. OUR MAIN OBLIGATION

2.1. Is to do the work with all reasonable skill and care according to the standards
where applicable set by the Microgeneration Certification Scheme (MCS) and
according to the timetable set out in the Quote. Under the MCS scheme, only
certified companies can enter into a contract with a customer for the sale and
installation of a system.
2.2. 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 will: be of satisfactory quality, be fit for
purpose; and operate as we described to you.
2.3. We will inform you in writing of the name of any contractor engaged by us to
undertake the installation of your system and we will take full responsibility
for their work.
The Timetable
2.4. We agree to supply the goods and carry out the installation work as specified
in the timetable that we have agreed with you and which is set out in the
Quotation. Your acceptance of these terms indicates that you agree to
proceed using that timetable.
2.4.1. 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. Such reasons may include, for
example, severe weather. We cannot be held responsible for those
delays.
2.4.2. If such delays occur, we will tell you as soon as possible and we will
adjust the timetable by written agreement.
2.4.3. 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.
2.4.4. Due to the potential long-term nature of construction, where incur
extra costs in supplying goods after six months from quotation
acceptance, then we will adjust the price accordingly
Consequence of delay
2.5. Consequence of delay caused by us
2.5.1. You will be entitled to compensation if we cause significant or
unreasonable delay due to factors within our control.
2.6. Consequences of delay caused by you
2.6.1.
We will seek to accommodate small delays without recourse to
compensation.
2.6.2.
If any delay caused by you means that we incur extra costs, then we
will adjust the price accordingly. The hourly and daily costs that
result from any unexpected work are described in the quote.

3. OUR OTHER OBLIGATIONS

3.1. We will ensure that the installation complies with the relevant MCS installer
standard which in this case is MIS 3005.
3.2. Once the installed system is commissioned we will give to you any guarantees,
test certificates and other relevant paperwork related to your goods and
installation. We will aim to give you this when the system is commissioned
but certainly no later than seven days after commissioning.
3.3. We will also give you all of the documentation required as detailed in the
appropriate Microgeneration Installation Standard. If it is a requirement of the
appropriate MIS installer standard, this will include the certificate showing
that the installation has been registered with the MCS Installation Database.
We will give you this within 10 working days of the commissioning date.

4. YOUR MAIN OBLIGATION

4.1. To make the payments due to us within 7 days of receipt of invoice:
The Deposit
4.2. You will pay us the deposit specified in the Quotation when you sign this
agreement.
Advance payments
4.3. The Quotation we have given to you explain when invoices will be sent and
the amount due for each payment.
4.4. We may require you to pay a further advance payment no more than three
weeks before the agreed delivery or installation date but only if this is
explained to you in your quotation. This further advance payment will only be
used for work under this contract, for example for purchasing goods.
• if we do not deliver any goods to you before installation then such a further
advance payment, taken together with the deposit, will under no
circumstances be more than 60% of the total price in the Quotation.
• we may use your further advance payment to purchase goods and deliver
them to you. If we do this, and only if title to those goods transfers to you,
the sum used to purchase those specific goods will no longer represent an
advance payment.
Final Payment
4.5. We will issue you with an invoice for the balance outstanding on the contract
price. This will become due only after the installation has been commissioned.
4.5.1. In the event of any alleged minor defect with the goods or installation,
then you shall not be entitled to withhold more than a proportionate
amount of the sum due. If you do withhold any amount after the due
date because of any alleged minor defect, then you must give us as much
notice as possible and state the reasons you are withholding the
payment.
Consequences of late payment
4.6. If you fail to pay the amount specified in an invoice by the due date, then we
may charge interest until the full amount is paid. The interest rate we charge
will be 3% above the base rate set by the Bank of England.
Late payment of advance or ‘interim’ payments
4.6.1. If we do not receive payment by the seventh day after payment is due,
then we may give you written notice that we intend to stop work on the
installation. Once we have sent you this written notice, we may suspend
all work until payment is made.
4.6.2. If you are in breach of this Contract because you have failed to make an
agreed payment, and we have suspended work on the installation, 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.
4.6.3. 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.
Non-standard payment terms
4.7. Any terms requested outside of standard terms are subject to status and
associated credit check.

5. YOUR OTHER OBLIGATIONS

5.1. We will advise you on the approvals and permissions that you may need but
you must obtain all relevant permissions (such as planning and building
consents) that are 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
5.2. You must provide the following for our use free of any charge:
• off-loading and safe storage;
• water, washing facilities and toilets;
• electricity supply;
• adequate dry storage space and protection of equipment and materials;
• safe and easy access to site from the public highway;
• Other trades as required in attendance during commissioning
5.3. 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 clause
5.4 of this Contract will apply.
Additional charges
5.4. Should you be in breach of conditions set out in section 4 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 (below) of this Contract will apply.

6. 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 your request 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. UNEXPECTED WORK

7.1. The Quotation given to you details 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.

8. DELIVERY, TITLE AND RISK

8.1. We will deliver the goods to the location detailed in the Quotation.
8.2. Goods belonging to us may be delivered to the site. If the contract is
terminated early you must return and deliver the goods to us. If you do not
return the goods to us, we retain the right to take legal proceedings to recover
the goods or their value.
8.3. Risk in goods delivered but not yet paid for will pass to you upon delivery.
8.4. 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; and,
• maintain the goods in a satisfactory condition.

9. CONTRACT CANCELLATION

Your rights
9.1 If you cancel this Contract, then you may have to pay compensation for costs
or losses reasonably incurred. We have a right to retain all or part of your
deposit and further advance payment, if made, as a contribution.
9.2 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.
Our rights
9.3 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 put right the alleged breach.
9.4 If we suffer a loss as a result of your breach of contract, we will 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.

10 WARRANTY

Installation Services
10.1 The Installation Services will be performed by the appropriately qualified
and trained installers using reasonable care and skill, to a high standard of
quality as it is reasonable for you to expect.
10.2 The Warranty Period for the Installation Services shall be two years from
completion of the Installation Services
Manufacturer Warranty
10.3 Most Products come with the benefit of a manufacturer’s product
guarantee. Where a claim in respect of any of the Products is notified to us
by you in accordance with the manufacturers Terms and Conditions, Abode
Heat will liaise with the manufacturer and use all reasonable endeavours to
secure a replacement of the Product or the part in question) or a refund of
the price of the Product (or a proportionate part of the price). This warranty
does not replace or limit your legal rights to bring a claim to us as the
retailer of the goods supplied.
Remedial Action
10.4 If you make a valid claim about our service, we may arrange for the relevant
Products to be reinstalled by any registered or approved installers or refund
to the Customer the charge for the relevant part of the Installation Service
(or a proportionate part of such charge).
10.5 Where any manufacturer warranty excludes the labour required to remedy
the product defect, we will provide a separate quotation for the labour cost
to remedy the defect.
Exceptions
This Warranty will only apply:
10.5.1 If the Product has been installed by a registered installer and has been
properly used and maintained throughout the Warranty Period.
10.5.2 If you have informed us of the alleged defect within the Warranty
Period and within fourteen days of discovering the defect.
General
10.6 You will promptly provide all information and support including access to
site and services) reasonably necessary to enable us to evaluate any alleged
defect and to perform its obligations under this Warranty.
10.7 You agree that all premises, plant, power, fuel support services and other
inputs that you provide for the installation and use of the Products are
reasonable, are fit for purpose and will be properly used and provided.
Third Party Rights
10.8 When we have installed a system in a property that is sold within the
Warranty Period, the warranty will pass to the new legal owner of the
property. It may not be transferred to or exercised by any third party.

11 DISPUTE RESOLUTION

11.1 Disputes that relate to the MCS Installer Standards can be referred to our
MCS Certification Body.

12 LIABILITY OF ABODE HEAT LTD

12.1 The Company shall not be liable for any indirect or consequential losses
arising from the supply of services, including without limitation, any
delays, loss of use or loss of profits.
12.2 The Company shall not be liable for any requirements of third party grant
funding schemes and their associated terms and conditions.
12.3 The Company shall not be liable for any effect that drilling, grouting,
trenching or other external works may have on foundations, services or
structures, and the Client should arrange for other Consultants to advise
on the potential impact of such works and approve the position and
construction of such works.
12.4 The Company shall be reliant upon information provided by the Client,
and other contractors and no liability is accepted by The Company for the
adequacy or correctness of such information.