Ecostar Solar Ltd – Terms and Conditions
These Terms and Conditions apply to all Services provided by us, Ecostar Solar Ltd, a company registered in England and Wales under number 14213700, whose registered address is at Unit 15 Gate Lodge Close, Round Spinney Industrial Estate, Northampton, NN3 8RJ (referred to as “we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the contract into which you and we will enter if you accept our Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions;
“Consumer” is as defined in the Consumer Rights Act 2015;
“Customer/you/your” means you, the individual Consumer accepting our Quotation or placing an order with us;
“Materials” means the Materials required for the provision of the Services, which we will supply, where applicable, if specified in the Quotation;
“Property” means the Property, as detailed in the Quotation, at which the Services are to take place;
“Quotation” means the Quotation we will give to you in accordance with clause 2 detailing the Services we will provide to you and the fees we will charge. Our Quotation is open for acceptance for a period of 30 days, unless otherwise specified, and sets out our entire scope of works; and
“Services” means the loft insulation, spray foam, boarding and/or any other services we will provide as specified in the Quotation.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails;
1.2.2 a law or part of a law refers to that law or part of it as amended or re-enacted at the relevant time;
1.2.3 a clause refers to a clause in these Terms and Conditions;
1.2.4 “these Terms and Conditions” refers to these Terms and Conditions, as may be amended from time to time.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Words signifying the singular number include the plural and vice versa. References to persons include corporations.
2.1 The acceptance our Quotation, electronically or otherwise, or the placement of an order with us, creates a legally binding Agreement between you and us, which includes the acceptance of these Terms and Conditions.
2.2 No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
2.3 Our Quotation is based on the information provided to us at the time we prepare it. We will arrange a visit to the Property where necessary and will rely on the findings there at the time. If we have been asked to quote from drawings, we will rely on those drawings in order to provide the Quotation. If any errors or discrepancies become evident, we reserve the right to make adjustments to it.
3. The Services
3.1 We will carry out the Services with reasonable care and skill, in accordance with the specification in the accepted Quotation and best trade practice.
3.2 Our normal working hours are Monday – Friday, 8.30am – 5pm, excluding bank holidays in England. Unless we agree otherwise, works required outside of these hours may incur additional costs.
3.3 Any project dates we agree are estimates only. We will endeavour to meet agreed programme dates but this may be dependent on factors outside of our control, such as supplier delays.
3.4 We may provide you with sketches, samples, plans or similar documents. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification.
3.5 Please note that if any works are required that were not apparent at the time of our Quotation, and if we find that additional works are required, for example due to the discovery of asbestos in the area, we will advise you of any changes to the Quotation and obtain your written approval before proceeding.
3.6 We may request the removal of certain furniture, fixtures and fittings in the Property before we start work. Unless specifically agreed otherwise, this will be your responsibility. If you fail to do so, we cannot be held responsible for any damage incurred.
3.7 Where we are supplying Materials, we will use reasonable endeavours to ensure that such Materials we use match those chosen by you. However, we cannot guarantee the colour, pattern or finish of the Materials will be consistent, due to unavoidable variances that may arise in the manufacturing process. We also reserve the right to make minor, non-aesthetic alterations to the specification of the Materials described in our Quotation without consulting you first.
3.8 The responsibility (also referred to as the “risk”) for any Materials we supply remains with us until they have been delivered to you, at which point it will pass to you. However, you will not own the Materials until we have received payment for the works in full.
3.9 We will ensure that no parts of the Property suffer damage as a result of our provision of the Services, except for damage which is to reasonably be expected with the carrying out of the works in the usual way. We will make good any other damage that occurs at no additional expense to you, as soon as is reasonably possible.
3.10 We will properly dispose of all waste that results from our provision of the Services.
3.11 We will not re-site any gas, electrical, plumbing or telephone installations. If necessary, you should make suitable arrangements for any such works to be carried out before the agreed start date.
3.12 Unless otherwise agreed in writing, our price is based on being able to complete our works in one continuous visit, or where we are carrying out the works in phases, each phased visit is to be continuous. If we are prevented from continuous working through to completion or are required to complete out of sequence works, we reserve the right to recover any costs incurred as a result.
3.13 Any variations must be agreed in writing before we can proceed and are payable in accordance with clause 5. Please be aware that variations may result in delays to any estimated programme dates.
4. Your Responsibilities
4.1 You are responsible for ensuring that, where necessary:
4.1.1 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained before we begin the works;
4.1.2 we can access the Property on the agreed dates and times to provide the Services; and
4.1.3 we have free access to electricity, water and washroom facilities throughout the works and any remedial works.
4.2 If you fail to comply with any of these responsibilities, then we reserve the right to charge for any costs we may incur, such as for storage of Materials or non-productive visits to the Property, and we will not be held liable for any delays incurred as a result.
5. Fees and Payment
5.1 Unless otherwise agreed in writing, we require a deposit payment of up to 25% of the total quoted fee upon acceptance of the Quotation. We will not schedule the works until we receive this deposit. Except as set out in clause 6, the deposit is non-refundable.
5.2 Once the Materials have been manufactured, they will be assigned to you, and you will pay us a further staged payment (of an amount equivalent to the value of the Materials).
5.3 We will invoice the balance on completion of the Services. For larger projects, we may invoice the balance in phases as the works progress and will notify you of the agreed phases in our Quotation.
5.4 All payments are to be made within 7 days from the date of invoice by cash, bank transfer, debit or credit card, cheque, unless otherwise agreed in writing.
5.5 All prices quoted are exclusive of VAT, where applicable. If the rate of VAT changes, we will adjust the amount of VAT payable.
5.6 The time for payment is of the essence of the Agreement. If we do not receive any payment by the due date, then without limiting any other rights or remedies available to us, we will have the right to suspend the Services and charge you interest on the outstanding amount at the rate of 8% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the actual date of payment, whether before or after judgment. We also reserve the right to charge for any costs we may incur in attempting to recover the outstanding debt.
Cancelling the Contract
6.1 As a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Agreement is formed as set out in clause 2 and ends at the end of 14 calendar days after that date.
6.2 If you wish to cancel the Agreement within the cooling off period, you should inform us immediately by post or email to the contact details provided with our Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
6.3 If you cancel within the cooling off period, you will receive a full refund of any amount paid to us under the Agreement, including the initial deposit. Any refunds will be made within 14 days after the day on which we are informed of the cancellation, using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
6.4 If the start date for the Services falls within the cooling off period, you must make an express request for the Services to begin within the 14 day cooling off period. By making such a request, you acknowledge and agree to the following:
6.4.1 if the Services are completed within the 14 day cooling off period, you will lose the right to cancel once the works are completed;
6.4.2 if you cancel the Agreement after the Services have begun, you will be required to pay for the Services and any Materials supplied up until the point at which you inform us of your wish to cancel.
6.5 After the expiry of the cooling off period above, if you wish to cancel the Agreement, you will need to give us 2 weeks’ notice in writing. Any monies already paid will be non-refundable and you will remain liable to pay for any Materials we have ordered and Services we have provided up until the date of cancellation.
7. Our Cancellation Rights: We reserve the right to cancel the Agreement at any time and will confirm this in writing. If we have started the Services, we will invoice you for any Services we have provided or Materials we have purchased that you have not yet paid for. If we cancel before we have started providing the Services, we will refund any payments you may have made in advance, including the deposit.
8. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, pandemic, epidemic, act of terrorism or war, or any other event that is beyond our reasonable control.
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 We are not responsible for any pre-existing faults or damage in or to the Property that we may discover while providing the Services.
9.4 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions is intended to or will limit any of your legal rights as a Consumer, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
10. Data Protection
10.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them.
10.2 We will use the personal information you provide to us:
10.2.1 to supply the Materials and Services to you;
10.2.2 to process any payments that you make for the Materials and Services including, if necessary, conducting credit reference checks;
10.2.3 to register your installation with any relevant bodies, including your deposit protection and insurance-backed guarantee and any competent persons scheme;
10.2.4 to address any concerns or complaints that you have about the Materials and Services, including liaison with HICS and QA Scheme Support Services Ltd or The Dispute Resolution Ombudsman (see clause 12 below);
10.2.5 where the law requires us to share it.
11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under the Agreement to a third party (if, for example, we sell our business) and we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the Agreement will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under the Agreement without our express written permission, which will not be unreasonably withheld.
11.3 We will be free to sub-contract any of our obligations under the Agreement and we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
11.4 The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
11.5 If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
11.6 No failure or delay by either party in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by either party of a breach of any provision of the Agreement means that we or you will waive any subsequent breach of the same or any other provision.
12.1 We welcome feedback and, while we always aim to ensure that your experience is positive, we nevertheless want to hear from you if you have any cause for complaint. Unless you have reasonable justification in refusing entry, we will need you to grant us access to remedy any complaint for which we may be liable.
12.2 In the event of an unresolvable issue, you can refer your case to our nominated alternative dispute resolution provider through HICS, QA Scheme Support Services Ltd and the Dispute Resolution Ombudsman. HICS, QA Scheme Support Services Ltd. Address: Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland PR25 3GR. Telephone: 0300 335 3354. Email: firstname.lastname@example.org
13. Contacting Us: If you need to write to us, you may do so using the address above, or by email to email@example.com. If you need to call us, you may do so by calling us on 01604 55 60 10.
14. Law and Jurisdiction
14.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between you and us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.