TERMS AND CONDITIONS
All Green Installations Ltd company number 12768616 registered address 101A Portland Street,
Derby, DE23 8QD
The Green Homes Grant Scheme
These Terms are to be read in conjunction with our Standard terms & Conditions below which
together form the entirety of the agreement.
When the following words with capital letters are used in these Terms, this is what they will mean
the administration and performance of the parties’ obligations to each other, to BEIS, and to Customers (as applicable), in relation to the Scheme;
the agreement created between the Installer and the Scheme Administrator on the basis of the Installer’s acceptance of these Installer Terms and Conditions;
the Secretary of State for Business, Energy and Industrial Strategy;
the owner of a domestic property located in England who has applied or (as the context requires) wishes to apply for a Voucher under the Scheme;
out of the total price (including all Eligible Costs) payable by a Customer to the Installer for a particular Eligible Measure covered by a Voucher, the amount that will not be covered by the relevant Grant and will accordingly be payable by the Customer themselves;
the requirements which a Customer must meet in order to be eligible to apply for and receive a Voucher;
the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications);
funding by an energy supplier pursuant to the Electricity and Gas (Energy Company Obligation) Order 2018 (S.I. 2018/1183), as amended;
“Eligible Cost” means:
i) the cost of the Eligible Measure; (ii) the cost of installation work for the Eligible Measure, and; (iii) the cost of any associated work being carried out by the Installer that is required to ensure that the installation is compliant with the Relevant PAS/MCS Standard;
means an energy efficiency improvement or low carbon heating system of the kind, and which meets the requirements, specified in Annex A of these Terms and Conditions. As regards any particular Customer’s property, references to any Eligible Measure means the particular Eligible Measure(s) in respect of which the Customer has applied or wishes to apply for a Voucher or (as the context requires) in respect of which the Customer has been issued with a Voucher;
means any other Local or Central Government funding that may be applicable in respect of the installation of any of the Eligible Measures at the Customer’s property
means a grant payment under the Scheme, being (as regards the installation of any particular Eligible Measure(s) at a particular Customer’s property) the grant offered by the Scheme Administrator to the relevant Customer by way of the issue of a Voucher to that Customer;
means those types of Eligible Measure which are described in Annex A of these Terms and Conditions as being a “Primary Measure”;
means, for any particular Eligible Measure, the relevant standard(s) specified by TrustMark from time to time under its “Green Home Grant Scheme Requirements for TrustMark Scheme Providers” document;
means the “Green Homes Grant” scheme established by BEIS to support the installation of Eligible Measures in residential properties in England;
means those types of Eligible Measure which are described in Annex A of these Terms and Conditions as being a “Secondary Measure”;
means the quality endorsement scheme of this name operated under licence from BEIS by TrustMark (2005) Limited;
means a particular scheme, operated by a TrustMark “Scheme Provider”, under which businesses are able to obtain certification services and become a “Registered Business” for TrustMark purposes;
“UK Data Protection
means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended or replaced from time to time;
means the document issued to a Customer by the Scheme Administrator by way of the offer of a particular amount of Grant in respect of an Eligible Measure to be installed at the Customer’s property;
“Voucher Expiry Date”
means the date specified on the Voucher as its date of expiry which will usually be the earlier of 3 months after the Voucher’s date of issue and the closure of the Scheme, initially set to be 31st March 2022.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
the goods (or any part of them) set out in the Order;
your Order for the Goods and/or Services as set out in the quotation;
the services, supplied by Us to you, which are set out in the quotation and including any variations, additions or remedials agreed in accordance with these terms and conditions;
All Green Installations Ltd incorporated and registered in England and Wales with company number 12768616 whose registered office is at 101A Portland Street, Derby, DE23 8QD
The Scheme is a grant scheme which supports the installation, in domestic properties located in
England, of certain “Eligible Measures”, as described in Annex A of these Terms and Conditions.
- We are bound to inform you that we will respond promptly with reasonable requests from the
Scheme Administrator and/or BEIS to provide any Relevant Records which are requested to assist
with the identification and prevention of any fraudulent practices arising in connection with the
Scheme and/or to provide any other information which the Scheme Administrator or BEIS may
reasonably request in connection with the administration of the Scheme.
2 The Green Homes Grant Scheme is a scheme funded by BEIS and any Grant that you are awarded
will be distinct from other financial incentives that we as the Installer may offer
3 At all times we will comply with the law in relation to our activities under and/or in connection
Withthe Scheme. We will act honestly and fairly and do nothing to bring the Scheme into
disrepute. Without limiting the generality of the previous sentence,We shall ensure that any information provided to You the Customer in relation to the Scheme is clear and appropriate and ensure that all requirements of law relating to an Eligible Measure and its installation and/or Our relationship with You the Customer are complied with;
4 No statement by Us is made to imply that We are recommended or endorsed by Government or the Scheme Administrator except in so far as the TRUSTMARK registration of Our Company
5 We will continue to meet and comply with all Installer Eligibility Requirements applicable to the particular type(s) of Eligible Measure for which we have been Registered for the purposes of the Scheme, including by continuing to be registered by TrustMark in respect of each such type of Eligible Measure and to hold any necessary certifications (as specified in the Installer Eligibility Requirements) applicable to each such type of Eligible Measure;
6 We will comply with all rules and other requirements applicable to Our membership of the TrustMark Approved Scheme(s) of which, as a matter of the Installer Eligibility Requirements, We are required to be a member;
7 We fully comply with and ensure that Our officers, employees, agents and subcontractors comply, with UK Government best practice “Working safely during coronavirus (COVID-19)” when working at or in any Customer’s property.
8 Any quotation provided by Us for the purpose of the scheme has been based on us being able to install your system as described Without interruption. Should there be circumstances beyond our control which cause an interruption to the installation process we will discuss with you the implications of such a delay
9 Should you decide to make any changes to the agreed installation within your cancellation period, we will produce another full quotation which takes into account these changes. You will be given a further cancellation period to consider this quotation.
10 Should you wish to make any changes to the agreed installation after your cancellation period has expired, we will prepare a new quotation for you, but we reserve the right to charge for any reasonable costs we have incurred in working towards the original installation details.
11 If, during the installation process, we come across any situation that we could not reasonably be expected to foresee, for example, remedial electrical or building work, we will discuss with you the implications and costs involved in rectifying the problem
12 Should you request any changes after the installation process has begun that involve additional cost, we will provide you with a separate quotation based on the daily or hourly rate of our installers
13 All measure(s) installed under the contract will be Eligible Measure(s) which meet and are installed in accordance with all applicable eligibility requirements of the Green Homes Grant scheme.
14 All Installations will be strictly conditional on a Voucher being issued which covers the Eligible Measure and identifies Us as the Registered Installer who will be carrying out the installation.
15 if at any time prior to completion of the installation of the Eligible Measure We the Installer cease to be Registered, then You the Customer will have a right to cancel the contract on a no liability basis. where any installation work has already started, and if you so require, We will reinstate the property to the condition it was in prior to the start of the work at no cost to You and provide for the return of any deposit or part payment made by You in respect of the Eligible Measures
16 We may request for you to pay a deposit towards the Eligible Costs of the Eligible Measure in accordance with Our usual terms of business. For Clarity this will be 25% of the installation Cost for those customers who have to make a contribution towards their Green Home Grant.
17 Those Customers under the low-income scheme will not be required to pay any deposit at all except where the total cost of all the Eligible Measures being installed at the Customer’s property under the Scheme exceeds £10,000. In that case the excess cost of the measure/s must be paid as a deposit.
18 You the Customer will not be required to redeem the Voucher unless and until, prior to the Voucher Expiry Date, the Voucher has become redeemable in accordance with the Customer Terms and Conditions.
19 if any Voucher expires before its redemption or is cancelled and/or payment of the Grant is withheld or clawed-back, in each case for any reason other than due to a Customer default (as defined in the following sentence of this sub-paragraph ), the risk of that expiry, cancellation, withholding or clawback is to be borne by Us alone and You the Customer will not be required to make any additional payment to Us in respect of the resulting shortfall in what We will have been paid for the installation. For these purposes, a Customer default means any of the following:
(i) a breach of the Customer Terms and Conditions by the Customer
(ii) any fraud by the Customer or collusion with the Installer
(iii) a failure on the part of the Customer, within a period of 7 (seven) days after the Voucher has become redeemable, to take the steps the Customer needs to take under the Customer Terms and Conditions in order to redeem the Voucher;
(iv) the Customer or its property ceasing to be eligible for the Voucher under the Customer Terms and Conditions as a result of a change in circumstances;
20 You must inform Us as soon as possible if, at any time, You become aware of any matter that might result in You no longer being eligible for a Grant. We will also inform you if We become aware of any matter that might result in you no longer being eligible for the Grant
21 We will not start any work on installing an Eligible Measure prior to issue of the Voucher and We will complete satisfactorily at least 7 (seven) days prior to the Voucher Expiry Date to enable You the Customer to take the steps required under the Customer Terms and Conditions to redeem the Voucher prior to the Voucher Expiry Date.
22 Where the Eligible Measure being installed is a type of energy efficiency improvement measure (being any of the “Insulation Primary Measures” or “Secondary Measures” described in Annex A, we will ensure the relevant measure is one which meets, and is installed in accordance with, all applicable eligibility requirements of the Scheme including the requirement for the installation to comply with the Relevant PAS/MCS Standard.
23 Details of the installation once completed will be lodged on the TrustMark data warehouse
24 Where the Eligible Measure being installed is a type of low carbon heating system (being any of the “Low Carbon Heating Primary Measures” described in Annexe A ,We will ensure that the relevant measure is one which meets, and is installed in accordance with, all applicable eligibility requirements of the Installer Terms and Conditions of the Scheme, including the requirement for the installation to comprise MCS certified products that are listed in the MCS Product Directory and for the installation to be carried out in compliance with the Relevant PAS/MCS Standard for the relevant type of measure. The installation will be registered by Us on the MCS “MID” database and an MCS certificate will generated as part of the commissioning of the installation. Details of the installation once completed will also be lodged on the TrustMark data warehouse
25 Within 14 days following completion of the installation of each Eligible Measure covered by a Voucher and in any event not later than 7 (seven) days before the Voucher Expiry Date We will issue an invoice to You in respect of the installation of the Eligible Measure with an appropriate claim of conformity and any relevant handover pack, as required in accordance with the Relevant PAS/MCS Standard.
26 where the Eligible Measure is a low carbon heating system, We will issue You with the relevant MCS certificate, together with any relevant manufacturer’s instructions for operating and maintaining that system;
27 where the Eligible Measure is a biomass fuelled low carbon heating system, We will provide You with information about the “Biomass Suppliers List
28 In accordance with the rules specified by TrustMark in its “Green Home Grant Scheme Requirements for TrustMark Scheme Providers” document and/or any rules of the relevant TrustMark Approved Scheme, We will provide You with a copy of the guarantee which We the Installer are required to provide under those rules
29 except in the circumstances described in sub-paragraph below, a Voucher will become redeemable once the installation of the Eligible Measure covered by that Voucher has been completed satisfactorily by US.
30 where for any particular property multiple Vouchers have been issued covering one or more Primary Measures and one or more Secondary Measures, and We are undertaking the installation of a Secondary measure/s Then it is the responsibility of You the Customer to ensure that the cost of all secondary measures when added together is less than the cost of the primary measure/s. If you are in default of this condition then You will become liable to Us for the full cost of the secondary measure/s undertaken by us should the voucher for any secondary measure not become redeemable.
31 You must notify us immediately of any change in your, the Customer’s circumstances that may cause a Voucher to be cancelled or cease to be valid, or You the Customer cease to be entitled to redeem it. In default You will become liable to Us for the full cost of the measure Installed.
33 Any person who is not a party to this Agreement will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in this Agreement
Additional Terms and Conditions
OUR CONTRACT WITH YOU
- You warrant and represent that you are the sole owner or occupier of the property (save for any other person you have disclosed to Us as also being a co-owner or co-occupant) and that you have the full right, power and authority to execute, deliver and perform this agreement, as well as to authorise the provision of the Services. We shall require, in our absolute discretion, all owners and/or occupants of the property to enter into this contract with Us and to be bound by the obligations contained herein, such that their liability for any sums due to Us under this contract will be joint and several.
- When you sign and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 36. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
- These terms will become binding on you and Us when you apply for the Green homes Grant voucher using our quotation and in any event when you sign a contract with us at which point a contract will come in to existence between you and Us.
- These Terms constitute the entire agreement between you and Us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which is not set out in these Terms.
- Any samples, drawings, descriptive matter or advertising issued by Us and any descriptions of the Goods or illustrations or descriptions of the Services contained in Our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the contract or have any contractual force.
- These Terms apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any quotation given by Us to you shall not constitute an offer.
- All of these Terms shall apply to the supply of both Goods and Services except where application to one or the other is specified.
CHARGES AND PAYMENT
- The price for the Goods and Services shall be the price set out in the Order.
- Unless stated otherwise, all amounts payable by you under this contract are exclusive of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the contract by Us to you, you shall, on receipt of a valid VAT invoice, pay to Us such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
- A deposit, as set out in the Order, is payable by you immediately upon entering into this contract. Save as otherwise provided by law orin this contract.The deposit is non-refundable in the event you should terminate or purport to terminate the contract for whatever reason except in the case of installation of a measure under the Green Homes Grant Scheme where clause 19 will apply
- We shall invoice you in respect of the full balance due in respect of the Goods and Services (i.e. the balance taking into account any deposit paid) on or at any time after completion of the Services
- You shall pay any invoice submitted by Us:
- within 14 days of the date of invoice; and or submit the Green Homes Grant voucher for redemption within 7 days of the successful completion of the installation.
- in full and in cleared funds to a bank account nominated in writing by Us, and
- time for payment shall be of the essence of the contract.
- The contract price and the details of the Goods and Services set out in the Quotation have been determined by an initial survey only. Once this contract has been entered into, We will arrange for a ‘final survey’ to take place, in which one of Our authorised employees will visit the premises in question and make a thorough assessment of the Goods and Services to be provided. It is important that the customer is present whilst this final survey is carried out. It may be that as a result of this ‘final survey’ We recommend variations to the Goods, Services and/or price set out in the Order. You will be invited to agree to any such proposed variation and in the event that such variation is refused by you, then you should be entitled to give written notice to terminate this contract. Neither party shall have any further liability to the other, save that any deposit already paid shall be returned to you.
- The contract price and details of the Goods and Services set out in the Quotation have been determined based on the condition and state of the property at the time of the latest survey. Should any changes be made to the property after the time of the latest survey (including, without limitation, new windows being installed, hanging baskets fitted, boiler(s) or flues thereto being installed), then you must inform Us immediately if there is any possibility that it will affect in any way the provision of the Services or Goods required to be provided in connection therewith. We reserve the right to vary the contract price and/or Goods and Services to be provided in those circumstances or if any unforeseen issues arise during the course of providing the Services to reflect any further work required or increased costs occasioned.
- We are not experts in structural surveying. The Goods, Services and price set out in the Order are agreed on the basis of Our not encountering any structural difficulties during the course of providing the Services. Structural difficulties shall include, but not be limited to the discovery of gas, water, sewerage or electricity mains or inherent subsidence or existing defects in the premises such as and not limited to the existence of rot, woodworm or wasps nests. We reserve the right to vary the price in the event that structural difficulties are encountered in the course of providing the Services. We cannot be held liable for any delay occasioned by such unforeseen structural difficulties coming to light during the work and shall not be obliged to correct and/or overcome the structural difficulties.
- In order to carry out the Services and ‘final survey’, We require full access to the premises at all reasonable times between 8am and 5pm. We shall not be responsible for any financial loss howsoever incurred by you if you take any time off work to allow Us access to the premises or to be present during the arranging or carrying out of the Services or the final survey. Works may not be in one continuous site visit.
- If you fail to make any payment due to Us under the contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 5% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
- You shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount owing to Us by you against any amount payable by Us to you. This remains the case irrespective of whether you are intending to fund any amounts due under this contract by way of a grant or any other third party funding. There is no guarantee that an application under a scheme will be successful or that any anticipated third partyfunds will be secured by you. Payment in full by you under this contract is not contingent on your securing any third party funding.
- You must notify Us of any grant or funding scheme you intend to apply under prior to the commencement of the Services together with the terms and conditions of installation applicable to the same. If notified to Us, We shall use reasonable endeavours to complete the Services in accordance with the terms and conditions of the scheme. Save for this, it is for you to satisfy any applicable eligibility criteria and the risk of your being unable to do so or of any fund becoming exhausted rests solely with you.
- Except in the case of the Green Homes Grant Scheme ,only Upon payment in full by you of all sums due to Us under this contract only , We shall complete, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of securing the release of funds from a scheme notified to Us in accordance with clause 53. In the meantime, without prejudice to any other right or remedy available, We shall be entitled to a general lien on all property within Our possession and belonging to you exercisable in respect of all sums lawfully due from you under this contract.
55 Access will be given to All Green Ltd at all reasonable times so that the company may complete all necessary work. 8am – 5pm daily, works may not be in one continuous site visit.
56 If an appointment is cancelled within 5 working days of the proposed installation, we may charge a cancellation fee of £500 including VAT if we are unable to replace the job at short notice.
57 Where the existing soil vent pipe is made from cast iron, this may be replaced by a plastic soil vent pipe. The cost of this to be borne by the customer
58 Any areas of damage that exist prior to work commencing will be photographed and detailed to ensure the company’s exemption from liability for such damage.
59 Please note that under no circumstances will the Company start work on the installation until the cooling off period has lapsed.
- Loft insulation is installed to a minimum depth of (300mm) invariably covering the tops of
the joists. While due care and reasonable skill is taken, there are health and safety considerations when entering the roof space and disturbing the insulation.
61 While due care and reasonable skill is taken at survey and installation stages, we require you to inform us of any single skin construction areas of external wall as damage to these may occur if we are not informed. Should such a situation occur we are unable to accept liability for this damage.
62 We require all personal possessions to be removed from the loft space, including boards unless stated on the quotation overleaf.
63 While due care and reasonable skill will be taken, we cannot accept responsibility for old or poor pipework within loft spaces that develops leakage following the installation of pipe insulation. Similarly, some ceilings may be extremely fragile due to poor or old construction, we cannot accept liability for any cracking that might appear as a result of the work.
- Where we install loft ladders and/or raised boarding we cannot accept responsibility
for any damage to ceilings that might occur due to the additional weight of the raised boarding and/or or items you may store.
65 Any damage must be reported to the Company within 48 hours of job completion.
SCOPE OF THE SERVICES & ADDITIONAL CHARGES
- The additional cost occasioned by any of the following shall be immediately payable by you:
- We have made no allowances for mobile toilets within the contract price and it is assumed that permission will be granted to use your facilities. Should this not be possible, an additional cost will be incurred for the hire of a mobile toilet which will need to be located on site;
- We require a constant supply of water and power throughout the duration of the installation. If this cannot be provided, we must be informed prior to commencement to ensure other arrangements can be made. This may result in additional cost;
- If you know or suspect that asbestos may be present at the property you MUST tell us;
- Should asbestos be identified at the property after the contract price has been agreed, then works shall halt immediately and a registered asbestos removal contractor will be required to attend site to test and remove the asbestos in a safe and controlled manner;
- Vehicular access and parking on or near the site is required. We assume that parking will be organised by you and that any required permits will be supplied by you at your cost. If this transpires not to be the case then additional costs will be incurred;
- Where possible, we will remove and reinstate some services, such as TV and broadband. These will be re-positioned to the best of our ability. However, if a service is lost a specialist may be required at additional cost. Other services may have to be insulated around, such as gas and electricity meters;
- Our quotation allows for the removal works for any fence lines or gates that may interfere with the installation of external wall insulation. Should the fence or gate be found to be beyond repair once removed then We reserve the right to request that a new fence or gate be supplied (by Us or you) at your expense. We hold no responsibility for damage caused in removing any item, unless caused by Our negligence;
- If any fixtures or fittings that need to be moved to perform the Services have not been moved by you, then there will be an additional charge for Us to move the same;
- We are unable to take responsibility for rainwater goods, pipe work, fixtures and fittings that due to their poor condition are rendered unusable once removed to facilitate the installation. Should this be the case, there may be the need incur the cost of installing replacement items;
- Where there is shared or limited access to the property,we may need to enter neighbouring properties to erect scaffolding or otherwise provide the Services. The responsibility for gaining permission rests with you prior to works commencing. Should any permissions not be gained, there will be an additional cost as a result of the delay and/or disruption caused as a result;
- You are responsible for making a storage area available to Us throughout the duration of the provision of the Services. If you fail to do so then We will need to make alternative arrangements at additional cost to You.
- The contract price does not include any costs associated with sheathing overhead supply cables to make them safe for our works. Please contact your District Network Operator (DNO) to arrange for this to be done should you decide to proceed with the works. Please note the DNO takes approximately 12 weeks before the shrouding iscarried out so it is of utmost importance this is applied for straight away.
- Where the existing soil vent pipe is made from cast iron, this will be replaced by a plastic soil vent pipe at an additional cost to you.
- In some circumstances boiler flues cannot be altered to suit the external wall insulation system. Should this be the case we reserve the right to omit the area of wall surrounding the flue.
- It is assumed that you have investigated the need or otherwise for planning permission and are fully satisfied that we can legally commence these works. No liability or responsibility will be accepted by All Green Installations Ltd should any required planning permission not be granted.
- It is recommended that you inform your property insurers about the proposed installation to check if it will increase your buildings insurance premium.
- Title to the Goods shall not pass to you until We have received payment in full (in cash or cleared funds) for such Goods and any other goods that We have supplied to you.
SUPPLY OF SERVICES
- We shall use all reasonable endeavours to meet any performance dates for the Services agreed between us, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services. You should be aware that the timerequired may be subject to delays caused by bad weather, staff illness or injury, by difficulties in obtaining products from third parties, by structural difficulties or by difficulties caused by any existing defects in the premises or any additional work required as a result of the final survey or revealed during the performance of the Services.
- We may have to suspend the Services if Wehave to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause.
- We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and We shall notify you in any such event.
IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES
- As a consumer, you have legal rights in relation to Goods that are faulty or not as described, as well as Services not carried out with reasonable care and skill. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- In the unlikely event that there is any defect with the Goods or Services:
- please contact Us and tell Us as soon as reasonably possible;
- please give Us a reasonable opportunity to repair or fix any defect; and
- We will use every effort to repair or fix the defect as soon as reasonably practicable.You will not have to pay for Us to repair or fix a defect with the Goods or Services under this clause.
- You may make a complaint by letter sent by post to the address in section 1. A complaint, when received, will be reviewed and acknowledged within five (5) working days. We will send you our full complaints handling statement and will keep you updated throughout the process. We aim to resolve your complaint within twenty-eight (28) days of receipt. Any action relating to resolution of your complaint will be carried out as soon as practical, depending on the nature and severity of any issue(s) raised.
- Without prejudice to the clauses above you should note the following:
- We shall not be liable for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us;
- We require all personal items to be moved away from both the internal and external of the treated walls (to a minimum of two meters, but further if practicable in respect of external items and a safe distance in respect of internal items bearing in mind the works involve drilling, which will cause some vibration and dust). We shall not be liable for damage or loss caused to items as a result of your not moving or adequately protecting them. We shall also not be liable for any damage caused to vegetation, plants, flower beds or the like which could not reasonably have been avoided in the process of providing the Services and We ask that you take precautions prior to the works commencing;
- unless otherwise agreed by Us in writing in advance of the provision of the Services commencing, any decorative features to the external of the building will not be preserved/maintained in the process. We shall have no liability to you in this respect.
- variations in the quality, size, texture, shape, finish and appearance of Goods can arise in the manufacturing process. We shall not be liable for minor variations, blemishes or imperfections inherent in the manufacturing process. In the event of a dispute the Goods and/or Services shall be judged in accordance with the manufacturer’s specifications and generally accepted tolerances in the industry;
- We are not able to give you advice in respect of legal matters such as (without limitation) the need for planning permission, the effect of planning conditions or other regulatory requirements, which might affect your premises or the proposed works. Please note that We are not and do not employ chartered surveyors, engineers or architects and We do not have detailed knowledge of local by-laws which may apply to or affect the carrying out of the Services. It is entirely your responsibility to check before entering into this contract: whether any approvals, licenses, plan submissions, freeholder’s, head lessee’s or mortgagees’ consents may be required; or whether there are restrictive covenants which may affect the premises and/or works; or whether consents may be required with respect to curtilage or boundaries of the property; or permissions in relation to the Town and Country Planning Act 1990 and in particular historic or listed properties covered by the Listed Buildings and Conservation Areas Act 1990 or the Ancient Monuments and Archaeological Areas Act 1979 have been obtained. We cannot be responsible for any delay, disruption, claim, expense or other consequence caused by your failure to obtain appropriate planning permission or other such approvals, licenses and consents or by breach of a restrictive covenant or lease obligation.
- Nothing in this contract shall seek to exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 17 of the Consumer Rights Acts 2015 (trader to have rights to supply goods);
- breach of the terms implied by sections 9, 11, and 13 of the Consumer Rights Acts 2015 (implied terms about quality or fitness, goods to be as described, goods to match a sample); or
- defective products under the Consumer Protection Act 1987.
- We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Without limiting its other rights or remedies, each party may terminate the contract with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of its obligations under this contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
- the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
- the other party enters into a formal insolvency procedure or commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; or
- the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business.
- Without limiting Our other rights or remedies, We may terminate the contract with immediate effect by giving written notice to you if:
- you fail to pay any amount due under this contract on the due date for payment; or
- a closer examination of the property than was undertaken at the latest survey reveals its structure to be unsuitable for insulation/render or that the working practices required in connection with the provision of the Services would be unsafe or involve a breach of Health & Safety legislation.
- Without limiting Our other rights or remedies, We may suspend the supply of Services or all further deliveries of Goods under the contract or any other contract between you and Us if you fail to pay any amount due under this contract on the due date for payment, you become subject to any of the events listed in clause 80(a) to (d), or We reasonably believe that you are about to become subject to any of them.
- Without prejudice to your right of cancellation of this contract and the Green Homes Grant Scheme conditions, on termination of the contract for any reason and without prejudice to Our other rights or remedies:
- any deposit paid by you is non-refundable and in circumstances where a deposit has not been paid by you, then you shall immediately pay an administration fee to Us of £500.00 plus VAT. Should the deposit already paid by you be less than £500 plus VAT, then you shall immediately pay to Us the difference to the total value of£500.00 plus VAT;
- you shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Goods and/or Servicessupplied but for which no invoice has yet been submitted, We shall submit an invoice (which in respect of Services shall be an amount which is in proportion to what has been performed up to the date of termination, in comparison with the full coverage of the contract), which shall be payable by you immediately on receipt; and
- the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.
- You have the right to cancel this contract within 14 days of the commencement of the Contract without giving any reason in accordance with and only to the extent provided by the Consumer Contracts Regulations.
- The cancellation period will expire after 14 days from the dayof the commencement of the contract (in the case of a service contract) except as provided for by the terms of the Green Homes Grant Scheme if applicable
- To exercise the right to cancel, you must inform Us of your decision to cancel this contract by a clear statement by letter sent to the our address in 1 above..
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If you cancel this contract, We will reimburse to you all payments received from you, 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).
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than –
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- 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 may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- You shall send back the Goods or hand them over to Us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to Us. The deadline is met if you send back the Goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the Goods.
- 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.
- Except as provided for in the Green Homes Grant Scheme If you requested to begin the performance of Services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to Us your cancellation from this contract, in comparison with the full coverage of the contract.
EVENTS OUTSIDE OUR CONTROL
- For the purposes of these Terms, Event Outside Our Control means an event beyond Our reasonable control including but not limited to unforeseen structural difficulties or defects in the premises, strikes, lock-outs or other industrial disputes (whether involving Our workforce or of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, default of suppliers or subcontractors, fire, flood, storm, inclement or bad weather.
- We shall not be liable to you as a result of any delay or failure to perform Our obligations under this contract as a result of an Event Outside Our Control.
- If the Event Outside Our Control prevents Us from providing any of the Services and/or Goods for more than three weeks, We shall, without limiting Our other rights or remedies, have the right to terminate this contract immediately by giving written notice to you and:
- Except as provided for under the Green Homes Grant Scheme you shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Goods and/or Services supplied but for which no invoice has yet been submitted, We shall submit an invoice (which in respect of Services shall be an amount which is in proportion to what has been performed up to the date of termination, in comparison with the full coverage of the contract), which shall be payable by you immediately on receipt; and
- the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.
IMPORTANT NOTICES & OBLIGATIONS
- It is your responsibility to notify your household, buildings or contents insurers, should such be required, of any changes to the property brought about by the provision of the Services and in so far as the same is insurable to ensure appropriate insurance cover is affected. You are strongly recommended to check the insurance policy, schedule and terms and conditions to see if such notification is required and if there is any doubt you should notify the insurers in writing of the proposed Services before such work commences.
- Under no circumstances shall you climb or otherwise interfere with the scaffolding, or permit others to do so. It is absolutely prohibited for anyone other than Our staff members or those engaged by Us to provide the Services to make use of the scaffolding and you will notify any visitors to the property accordingly on the grounds of health and safety.
- Although We make every reasonable effort to keep materials out of the reach of others, materials that can be hazardous to health are used in connection with the provision of the Services and you should take precautions to ensure that you do not come into contact with the same. You are absolutely prohibited from interfering with any materials or equipment used by Us in connection with the provision of the Services.
- Using personal information: All Green Installations ltd is committed to protecting and respecting your privacy. This section sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us or our agents. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
- We will contact you by email, phone, text message or other forms of electronic communications.
- If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with how you have told us you would prefer to receive marketing information.
- We use information held about you in the following ways;
- to carry out our obligations arising from any agreements entered into between you and us, this may include sharing relevant information with: The Green Homes Grant Scheme Administrator or the BEIS, the Department for Work and Pensions (DWP); HM Revenue & Customs (HMRC); The Office of Gas and Electricity Markets (Ofgem); The Health & Safety Executive (HSE); companies supporting the installation such as building specialists, software providers, guarantee companies, technical monitoring agents, our accreditation bodies; local authorities ortheir intermediaries/contractors; and charities, social housing providers, building control inspectors, the property owner or managing agent (where applicable), and the energy company promoting the measure.
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
iii. to notify you about changes to our service.
- We may also use your data, or permit selected third parties to use your data,
- to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone;
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
- to protect the rights, property, or safety of All Green Installations, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us on firstname.lastname@example.org
- Assignment and other dealings: Except as provided for in the Green Homes Grant Scheme We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of Our rights under the contract and may subcontract or delegate in any manner any or all of Our obligations under the contract to any third party. You shall not, without Our prior written consent, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of your rights or obligations under the contract.
- Severance: If any provision or part-provision of the contract is or becomes 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 or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
- Waiver: If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- Variation: Except as set out in these Terms, no variation of the contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by Us. Any variations agreed by Us may result in extra charges being made to you.
- Third Parties: This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
- Governing Law & Jurisdiction: This contract shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Annex A – Eligible MeasuresFor The Green Homes Grant Scheme
The Voucher must be applied for and used in respect of at least one of the “Primary Measures” listed below. This could be an insulation measure and/or a low carbon heating measure.
Insulation measures (“Insulation Primary Measures”) that can be covered by Vouchers are
- Solid wall – external or internal
- Cavity wall
- Under floor
- Room in roof
- Flat roof
- Pitched roof
- Insulating a park home
- Low carbon heating
Low carbon heating measures (“Low Carbon Heating Primary Measures”) that can be covered by Vouchers, and that must also comply with the additional requirements listed in the section “Heat Installation Requirements” below, are as follows:
- Air source heat pump
- Ground source heat pump
- Solar thermal (liquid filled flat plate or evacuated tube collectors)
- Biomass boilers
- Hybrid heat pump
- Heat Installation Requirements
- Heat installations (including hybrid heat pumps, but with the exception of solar thermal) must entirely replace an existing fossil fuel heating system. For hybrid heat pump installations, the installation of a new ASHP alongside an existing fossil fuel boiler, for example, would therefore be ineligible and the fossil fuel element of the system would also need to be new. Replacements of existing low carbon heating systems are not supported by the GHGS.
A Customer who has applied for a Voucher for one or more Primary Measures may also apply for a Voucher to help cover the Eligible Costs of any of the following “Secondary Measures”:
- Draught proofing
- Double/triple glazing (where replacing single glazed windows)
- Secondary glazing (in addition to single glazing)
- External energy efficient doors (replacing single glazed or solid doors installed before 2002)
- Heating controls (e.g. appliance thermostats, smart heating controls, zone controls, delayed start thermostat, thermostatic radiator valves)
- Hot water tank thermostat
- Hot water tank insulation
A Voucher for Secondary Measures will only cover the costs of Secondary Measures where a Voucher has been redeemed for Primary Measures, and in an amount no greater than the total payment made under Vouchers in respect of Primary Measures at the relevant property.