EV Charger T&C


Terms and Conditions

Interpretation

1.These are the Terms, which together with the Order comprise the Contract. Within these Terms, the following definitions shall apply to the defined words and expressions, unless the context requires otherwise: Commencement Date: means the date on which We issue the Order Confirmation and the Contract is formed. Contract: means the legally binding contract between You and Us comprising of these Terms and the Order which comes into force on the Commencement Date and on which We shall supply Goods and Services to You. CRA: means the Consumer Rights Act 2015.

Delivery Date: means the estimated date that We aim to deliver the Goods and commence Your installation or as varied from time to time in accordance with these Terms.
HIES: means the Home Insulation and Energy Systems Quality Assured Contractors Scheme (a division of the Integrity Foundation (reg. no. 07972075) and which has prepared the Model Contract which forms the basis of these Terms.

Emergency Works: means any work required by You to be carried out in an emergency, such as where Your property has been damaged by a storm, is not watertight, or the health and safety of You or Your family is at risk due to no heating or hot water.
Goods: means the items specified in the Order that We have agreed to supply to You.
Installation Plan: means the plan which We will produce to explain what is going to happen, any health and safety issues that You need to be aware of, advise You about any preparations that You may need to make (such as moving furniture or valuables or clearing space), the arrangements for access to Your property by the installation team, any special instructions to protect Your children or pets and what We will be doing with waste and materials that We need to take away.
Marketing Materials: means brochures, drawings, illustrations, literature, samples or other such marketing materials.
Order: means the detailed description of the Goods and Services that You require Us to supply to You and any documents referred to therein.
Order Confirmation: means the action by Us, in writing, of accepting the Order.
Preparatory Work: means any work that We are contracted to do prior to installation of the Goods.
Price: means the total amount that You are contracted to pay to Us for the Goods and Services as shown on the Order.
Services: means the delivery, installation and professional services specified in the Order that We have agreed to provide to You.
We, Us, Our: means Greener Energy Group, a Limited Company registered in Scotland at 172 Kelvinhaugh St, Glasgow G3 8PR with the registered Number SC467672 whose trading address is Trident House, 175 Renfrew Road, Paisley, PA3 4EF
You, Your: means the person(s) whose details are set out in the Order.

  1. You should read these Terms carefully and check that the information shown in the Order is correct. We intend to rely on these Terms, so if You require any changes to them, please ask for the change to be confirmed in writing and prior to the Contract being formed.

  2. Your statutory rights as a consumer are set out in legislation and nothing in this Contract, or any of Our Materials shall affect any of Your statutory rights.

Commencement

4. The Order is an offer by You to enter into the Contract with Us. We may accept or decline the Order at Our absolute discretion and We shall not be liable to You in any way where We decide to reject the Order. The Contract shall come into force when We issue You with an Order Confirmation.

Information We are Required to Give You

  1. We are authorised and regulated by the financial conduct authority, registration number 751568

  2. The price of the goods and a breakdown, where appropriate, of how that price has been reached, including:

    (a) Delivery charges (if any)
    (b) VAT charges (and how you may deal with changes in vat rates)
    (c) Any statutory fees (such as planning consent fees) and who pays them (d) Any charges for credit (this will be shown on your credit agreement)
    (e) Any other costed items and ‘add-ons’ and whether optional or mandatory

Specification of Goods

  1. The Goods are as described in the Order.

  2. We may have shown You Marketing Materials to provide You with an approximate idea of the Goods, layout

    or positioning that they describe. Although We have made every effort to display the Goods correctly, they may vary slightly from the colour or composition shown and specifically where they are natural products containing patterns or grains for example. All specifications are approximate only and are subject to normal margins of tolerance for the Goods and their composition in question.

  3. We have taken measurements for the Goods to enable Us to get them manufactured in advance of delivery to You. It may be necessary for Us to carry out a survey to verify Our measurements and to develop an installation plan (see Preparatory Work).

Performance Calculations

  1. We have estimated the energy performance calculations and provided these with Your quotation. Our standard calculations are based on standard calculations provided by EPVS a HIES affiliate partner manufacturer. Where We have referred to energy inflation or other statistical information, We have used information publicly available from the Office for National Statistics.

  2. The performance of energy systems is impossible to predict with certainty due to the variability in fuels and energy sources, climatic variations, local obstructions or environmental conditions and differences from location to location. The estimates provided in this contract are for guidance only and must not be considered as a guarantee of performance.

Preparatory and/or Emergency Work

  1. We will commence work on preparing the Goods for delivery and developing an installation plan from the Commencement Date. We may, at Our discretion, wait until Your right to change Your mind elapses (see Rights to Change Your Mind).

  2. Our preparatory work may include a survey of Your property, assessment for an Energy Performance Certificate (EPC) or any other preparatory matter. Our fees and charges for preparatory work are clearly shown on the Order. By placing the Order, You give Us permission to go ahead with any Preparatory Work

specified in the Order. If You change Your mind and cancel the Contract after commencement of these

Preparatory Works, You will be charged the fees shown for them on the Order.

14. If You have requested Emergency Works, this will be clearly shown on the Order and You shall be deemed to have given Us permission to commence with these Emergency Works straight away. In this case We may take temporary action to make Your property safe, secure and watertight, before completing a full repair or replacement as set out in the Order You understand that this means You cannot change Your mind and cancel the Contract in respect of those Emergency Works.

Variations

15.We may need to make minor changes to the Goods specified on the Order if there is a change in laws, regulatory or technical requirements or improvements. These changes will not adversely affect the use or nature of the Goods.

16. You may ask Us to make changes to the specification of the Goods. As We are getting the Goods manufactured in advance of delivery, You must notify Us of any changes to the specification of the Goods that You want to make within 7 days of the Commencement Date. We will then advise You if Your requested change is possible and any consequences of that, including to the Price, the Delivery Date or anything else. Any agreed change will be confirmed by Us in writing.

17. During Our Preparatory Work (perhaps as a result of a survey or as a result of Your EPC assessment), it may be necessary to make more substantial changes to the Order. We will discuss these with You to determine if the change is possible and any consequences of that, including the Price, the Delivery Date or anything else. If significant changes are required, We will place the Contract on hold for up to 14 days to enable You to consider whether or not You wish to proceed. At the end of 14 days, if no agreement on changes is reached, the Contract will be terminated. You will receive a refund of any deposit paid within a further 14 days less, at Our discretion, any fees and charges due for the Preparatory Work completed so far. Any agreed change will be confirmed by Us in writing.

Changing Your Mind

  1. As a member of HIES, We voluntarily provide You with the right to change Your mind. This is over and above Your statutory rights. You have 7 days starting on the day after the Commencement Date to change Your mind and cancel the Contract. This does not apply to the extent that the Contract includes Emergency Works. If You do change Your mind and cancel the Contract, You will receive a full refund of any deposit paid within a further 14 days; however, if We have started Preparatory Work You understand that You will be charged the fees shown for them on the Order.

  2. To change Your mind and cancel the Contract in accordance with the above clause You should tell Us as quickly as possible and confirm this in writing. We have supplied a tear off slip below which You can use, but You do not need to. You can notify Us by any means (see Contact Us).

Delivery and Installation

  1. Any additional delivery or installation costs will be shown on the Order (or any agreed variation to it), otherwise Your delivery and installation costs are included in the Price.

  2. We aim to complete the delivery and installation on or about the Delivery Date, but We will liaise with You over any reasonable changes to that. For the avoidance of doubt time is not of the essence in respect of the Delivery Date.

  1. If a change or delay is caused by something that is within Our reasonable control, We will notify You as soon as reasonably possible and agree with You an alternate Delivery Date. We will take steps to minimise the delay and, if the delay lasts for more than 60 days from the original Delivery Date (unless You have asked for a longer period), We will allow You to cancel the Contract. You will receive a refund of any deposit paid within a further 14 days less, at Our discretion, any fees and charges due for the Preparatory Work completed so far.

  2. If a change or delay is caused by something that is not within Our reasonable control (see Events Outside Our Control), We will notify You as soon as reasonably possible and the change or delay and the reasons for it. We will take steps to minimise the delay, but We may, if necessary, suspend the performance of the Contract until that event is over and the matter back within Our reasonable control.

  3. We will prepare for You an Installation Plan. You will be asked to sign a copy of Your Installation Plan and this will be giving Your consent for Us to proceed with the delivery and installation of the Goods.

  4. Each installation is different and the specific requirements for Your installation will be set out in Your Installation Plan, but generally:

    (a) You permit Us (Our installation team and contractors) safe access to, around and egress from the installation site at all reasonable times and, unless otherwise stated in Your Installation Plan and agreed by You, between the hours of 08:00 and 18:00.
    (b) You agree to have relocated any television services systems at or near to the energy systems installation.
    (c) You agree to provide Us (Our installation team and contractors) with access to a toilet, hot and cold running water and reasonable use of Your power supply whilst on site.

  5. We will ensure that there is adequate sheeting, protective covering and barriers to prevent unnecessary damage to Your home. This includes for the prevention, as far as is reasonably practicable, of the spread of dust or rubble.

  6. We agree to remove waste from the installation site, You understand that unless We agree otherwise, We shall not be responsible for removing any waste which is not produced as a direct consequence of Our performance of the Services or delivery of the Goods, that is hazardous (including but not limited to asbestos), or which otherwise comes from Your home or garden.

  7. It is possible that a problem with Your property will become apparent during the course of the installation. This could include structural defects, underground obstructions, presence of asbestos or hidden cabling. We will draw this to Your attention as soon as possible and agree with You a plan to resolve the problem if possible, which may involve You bringing in other contractors which will be at Your expense or additional costs to Your planned works.

Permission and Approvals

  1. You are responsible for gaining any necessary approvals including but not limited to any planning permissions, building regulations relating to listed building consent, conservation and heritage consent, local authority building control, any structural consents, local authority permits and approvals, landlord approval or deed of covenant. By permitting Us to provide the Goods and carry out the Services You warrant to Us that this has been done.

  2. We are responsible for the registration of Your installation with HIES and registration with the Microgeneration Certification Scheme, registration of any manufacturer’s guarantees.

Obtaining Ownership of the Goods

  1. You take responsibility for the risk of damage or loss to the Goods from the date that We complete the Services.

  2. You obtain title (ownership) of the Goods when We receive payment of the Price in full without any set-off or counterclaim or a properly executed finance agreement is in place with a finance provider who will pay Us for the Goods and Services on Your behalf. However, in the event that You enter into a finance agreement please be aware that there may be terms governing title (ownership) as between You and the finance provider.

Installation Warranty

  1. We warrant to you that the installation will be carried out by appropriately qualified and trained personnel. They will use a level of reasonable care and skill as it is reasonable for you to expect. The warranty period for the installation services shall be 2 years from completion of the installation services.

  2. If you make a valid claim about our service in accordance with our terms and conditions, we may arrange for the relevant products to be reinstalled by any of our 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).

  3. This warranty will only apply:

    If the product has been installed by us and has been properly used and maintained throughout the warranty period;
    If you have informed us of the alleged defect within the warranty period and within a reasonable period of discovery.

  4. You will promptly provide all information and support including access to site and services that are reasonably necessary to enable us to evaluate any alleged defect and to perform its obligations under this warranty.

  5. Where 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.

  6. This warranty 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.

  7. No warranty can be given however on the integrity or suitability of any existing components being connected to and the Company cannot be held responsible for the failure of any such components or defects existing within any part of the original system.

  8. Most products supplied by us 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 our terms and conditions, we 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 against us as the retailer of the goods supplied.

Other

Items

41. As it is necessary that all pipes are accessible, we will not normally bury them in solid floors or walls and pipes will be exposed in these situations. Boxing in of pipework is not included unless specifically detailed.

Payment Terms

  1. The full Price is shown clearly on the Order. We may amend the Price, by agreement with You, following a survey or any other additional matters that arise in the course of delivering the Services.

  2. You will pay for the Goods and Services as follows:

    (a) You will pay Us a deposit of up to 25% of the Price, on receipt of the Order Confirmation
    (b) Once the Goods have been ordered they will be assigned to You and You will pay Us a further agreed staged interim payment.
    (c) On completion of the installation, You will pay the balance of any sums due.

  3. We accept payment by cash, cheque, bank transfer, debit or credit card or payment by finance agreement/satisfaction note.

  4. The non-payment of any payments due by the relevant due date, may incur additional charges. We may levy interest at a rate of up to 8% above the base rate of the Bank of Scotland. Any interest due will be calculated and added to Your bill and accrue from the date on which payment was due to the date of payment whether before or after any judgment. We may also add any legal, debt recovery or processing fees to the amount due.

  5. Important – if paying for any part of the contract using Home Energy Scotland (HES) funding.

    HES Funding example:

    HES will fund up to £15,000 of the project cost and these funds are paid direct into customers personal bank account in two stage payments. Stage one is 60% before installation, and stage two is 40% after installation. In addition customers will receive a £7500 “cashback contribution” which reduces the initial funding amount by £7500 and leaves the customer only paying back the remaining amount borrowed on an interest free loan basis. There is also an additional £1500 a rural uplift amount which is available in certain circumstances. Please note: It is the customers responsibility to obtain the HES funding and our friendly staff can assist with this process. We will not install any products until customers have been approved for funding. For more information on this please visit the HES website:https://www.homeenergyscotland.org/find-funding-grants-and-loans/interest-free-loans/ detail/
    Customers can use their own funds to make up any part of the contract price and claim the cashback contribution. Whatever means are used the customer must have available funding in place to pay for the system in full on completion of the installation.

Defective Goods or Service

  1. We make every effort to supply and fit Goods to Your complete satisfaction. However, if You have a concern or complaint about the Goods or Service please let Us know as soon as possible (See Contact Us).

  2. If You do identify a fault or problem with the Goods, You agree to give Us a chance to put things right. We will investigate the fault, which may include coming back to Your property if necessary. You agree to cooperate with Us to enable Us access to Your property and to resolve Your complaint.

  3. We do not accept liability for the following faults with Your installation:

    (a) any damage caused by You following the completion of installation;
    (b) any damage caused by You, or anyone acting for You, in attempting to repair the fault without Our

consent;

(c) any damage caused by fair wear and tear of the Goods.

  1. The CRA states that if You have a problem with the Services, then You can ask Us to repeat or fix the Services if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.

  2. The Goods may have a manufacturers guarantee and, if the fault is a manufacturing fault, We will work with the manufacturer to repair or replace the Goods. For convenience, many manufacturers prefer to deal directly with You if it is a manufacturing fault.

Dispute Resolution

  1. 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 Ombudsman Services LTD .: HIES Can be contacted at: Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland PR25 3GR

  2. The parties agree that, in the event of a dispute, We will exclusively attempt to resolve the dispute through using HIES’s alternative dispute resolution services.

  3. This Contract is subject to Scots law and subject to the agreement of the parties to attempt to resolve a dispute through alternative dispute resolution, the courts of Scotland shall have exclusive jurisdiction to hear any dispute arising from this Contract.

  4. If any court, ombudsman or any other competent authority decides that any aspect of any term of this Contract is invalid or unenforceable, that aspect of that term shall be severed from the Contract and shall have no effect on the remainder of the Contract.

Limitation of Liability

  1. Either party shall be liable for any death or personal injury caused by its negligence or any negligence of its subcontractors, any fraud or fraudulent misrepresentation committed by it and for any other loss or damage suffered by the other party which is a direct consequence of the relevant party’s breach of its obligations under this Contract and whether in contract, tort (including negligence), breach of statutory duty or otherwise. In the event of loss or damage, the party suffering the loss or damage shall be required to take reasonable steps to mitigate the loss or damage.

  2. Neither party shall be liable to the other for any loss or damage which is an indirect, special or consequential outcome of its breach of its obligations under this Contract and whether in contract, tort (including negligence), breach of statutory duty or otherwise.

Validation Sheet

  1. The Validation Sheet that has been provided to you separately in respect of your purchase forms part of the agreement between us and together the Validation Sheet and this agreement constitute the entire agreement (“Renewable Energy Contract”) between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

  2. Each party acknowledges that in entering into this Renewable Energy Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Renewable Energy Contract but this does not affect your rights and our liability in relation to any fraud or fraudulent misrepresentation for which for which we

are responsible.

58. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Renewable Energy Contract.

Events Outside Our Control

  1. We will not be liable for the consequences of any events that are outside of Our reasonable control and which includes, but is not limited to:

    (a) Civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
    (b) Acts of God, collapse of buildings, fire, explosion, inclement weather, storm, flood, subsidence, drought, epidemic or natural disaster;

    (c) Impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    (d) Impossibility of use of public or private utility networks or telecommunications;
    (e) The acts, decrees, legislation, regulations or restrictions of any government, whether national or local; or

    (f) Strikes or labour unrest (other than in relation to Our own employees).

  2. The obligations of the parties under this Contract are suspended for the period for which such a Specified Event continues, and extended for the duration of that period.

Transfer of Rights and Third Parties

  1. We may transfer Our rights and obligations under this Contract to a suitably qualified third party of Our choosing. We will tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under this Contract.

  2. You may not transfer Your rights and obligations under this Contract to any other person without Our consent. Except that, if We are in default of any award made by Our nominated alternative dispute resolution provider You may transfer Your rights to HIES for the purpose of recovering that award from Us.

  3. This Contract is between You and Us. To the extent permitted by law, no third party has any rights to enforce any of the terms of this Contract.

Using Your Personal Information

64.We will use the personal information You provide to Us in accordance with the Data Protection Act 2018, General Data Protection Regulations and more specifically to:

(a) Supply the Goods and Services to You;
(b) Process any payments that You make for the Goods and Services, including if necessary, conducting credit reference checks;
(c) Register Your installation with any relevant bodies, including Your deposit protection and insurance backed guarantee and any competent persons scheme;
(d) Address any concerns or complaints that You have about the Goods and Services, including liaison with HIES and QA Scheme Support Services Limited or Ombudsman Services LTD
(e) Where the law requires Us to share Your information with third parties, including law enforcement agencies; and by entering into the Contract You expressly signify Your acceptance to Our processing of

Your personal information in these ways.

65. On the Order, We have asked You to indicate whether or not You will allow Us to send You information about Our future Products and Services. We will use Your information in accordance with Your wishes and You may notify Us of any changes to those wishes (See Contact Us).

Contact Us

If You need to write to Us, You may do so at:
Greener Energy Group, Trident House, 175 Renfrew Road, Paisley, PA3 4EF
Email: info@greenerenergygroup.co.uk
If You need to call Us, You may do so by calling 0141 887 5012:
Greener Energy Group Ltd SC476672 is Authorised and Regulated by the Financial Conduct Authority FRN751568. We are a Credit Broker not a Lender and provide Credit Options from a Panel of Lenders.

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Document name: EV Charger T&C
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