OHM Energy is a member of the RECC Assurance Scheme and this document has been prepared in accordance with the Consumer Code.
Our main obligations to you:
Your main obligation to us:
The Timetable
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
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 giving:
The Deposit
3.1 You will pay us the deposit specified in the Quotation when you sign this agreement. Should you decide to cancel the contract within the „Cooling Off Period‟ 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.
Advance payments
3.2 We may require you to pay a further advance payment no more than three weeks before the agreed delivery or installation date. This will only be used to carry out this installation, for example to purchase goods. We explain in detail in the Quotation when invoices will be sent and the amount due for each payment.
Final Payment
3.3 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 commissioned. 3.4 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 payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of late payment
3.5 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.
3.6.1 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.
3.6.2 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, as detailed in section 3.6.1 of this Contract, 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.
3.7 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.
4.1 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
4.2 You must agree to provide the following for our use free of any charge:
5.1 We will deliver the goods to the location detailed in the Quotation.
5.2 Once goods are delivered to the buyers address they become the responsibility of the buyer
5.3 Until ownership of the goods passes to you, you must:
5.4 We must place your deposit and advance payment made before the goods have been delivered to your property in a special „client‟ or other third party bank account or dedicated „customer‟ bank account. This money can only be used for work carried out under this Contract.
5.4.1 If we should fall into receivership, administration or bankruptcy then the money in that dedicated bank account will be returned to you or passed to another RECC Assurance Scheme supplier who will complete the work.
5.5 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.
5.6.1 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.
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:
6.2 If we agree to this change of work you must:
6.3 We will then adjust the price:
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, section 6.3 of this Contract will apply.
7.3 Should Asbestos be identified or suspected during our works we will stop work and (following discussion with you) we will instruct an asbestos specialist and you the client will be liable to all costs associated with the safe removal prior to us restarting work. The client is responsible to have removed any asbestos in areas associated with our work prior to work starting. This may not be possible to identify prior to starting. Any removal must be taken by instructing a specialist asbestos removal company.
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.
Consequence of delay caused by us
8.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified.
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.
Your rights
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 7 working 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. RECC Assurance Scheme 11 .
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. This is in line with the RECC Assurance Scheme Consumer Code and the [Supply of Goods and Services Act 1982].
9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:
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
9.4 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.
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.
10.1 If at any time a dispute arises between you and us which cannot be resolved amicably then both you and we can refer the matter to conciliation. We must agree to conciliation if that is your wish. 10.2 The conciliation service that will be used is that offered by the RECC Assurance Scheme and is described in the Consumer Code. It aims to reach a non-legal solution to the dispute in a reasonable timescale. The RECC Assurance Scheme will appoint a suitably qualified independent expert (or experts) to consider the matter in the light of consumer protection legislation in force. 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.
10.3 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 wish. 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 Assurance Scheme 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.
10.4 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 1996.
(a) The Seller may perform any of its obligations or exercise any of its rights hereunder itself or by any third party.
(b) Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party.
(c) No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
(d) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the Condition in question shall not be affected thereby.
(e) The Contract shall be governed by the Laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English Courts.
(f) By signing this contract you are confirming that you have received planning permission for the proposed installation or ascertained that planning permission is not required. The Seller will not be held responsible for any installations where planning permission was required but not obtained and no refunds will be offered.
(a) Subject to these Conditions, the Seller warrants that the Services will correspond with the Specification at the time of supply and will be free from defects in material and workmanship for a period of 12 months from the date of supply.
(b) The above warranty is given by the Seller subject to the following conditions: (i) if the Price has not been paid by the due date the Seller shall be under no liability under any warranty; (ii) the Seller shall be under no liability in respect of any defect in the Services arising from any drawing, design or specification supplied by the Buyer; (iii) the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or negligence by the Buyer or a third party, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or writing), misuse or alteration or repair of any goods without the Seller’s approval; (iv) the above warranty does not extend to parts, materials or equipment not supplied by the Seller.
(c) Subject as expressly provided in these conditions, and except where the Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law.
(d) Any claim by the Buyer which is based on any defect in the quality or condition of the Services or their failure to correspond with the Specification shall (whether or not supply is refused by the Buyer) be notified to the Seller within 7 days from the date of supply or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If supply is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Services and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the Price as if the Services had been supplied in accordance with the Contract. (e)Where any valid claim in respect of any of the Services which is based on any defect in the quality or condition of the Services or their failure to meet the Specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to repair or replace the Services (or the part in question) free of charge or, by agreement with the Buyer, refund to the Buyer the price (or a proportionate part of the Price), but the Seller shall have no further liability to the Buyer.
(f) Except where due to the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the Services or their use or resale by the Buyer.
(g) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, of any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control, including but not limited to Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, act, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, local or other authority, import or export regulations or embargoes, strikes, lock-outs, or other industrial actions or trade disputes, difficulties in obtaining goods, raw materials, labour, fuel, parts or machinery, power failure, or breakdown in machinery.
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