Proposal terms & conditions
This Proposal has been prepared to comply with all our obligations under the Renewable Energy Consumer Code (RECC) and the Microgeneration Scheme. This contract details our obligations to you, and your obligations to us, if there is any point that we can clarify for you, please contact us.
The proposal we have given you is valid for the number of days as stated on the proposal document. If you wish to proceed you must sign this contract before the expiry date. Pricing may change after the expiry date. All proposals are subject to the availability of equipment and materials.
The proposal will document all goods and services we propose to supply, along with the total price for these goods and services including VAT (Where applicable).
We will provide you with a timetable for supplying the goods and carrying out the installation.
The proposal will include information as to the performance of the technology we have proposed to install. These performance estimates will be calculated according to the requirements of the appropriate MCS Standard.
We will discuss this with you and provide you with information as to the location of key components. You will be given the opportunity to approve the site designs before work commences.
We will advise you on approvals and permissions that may be required for the work; however, it will be your responsibility to ensure that such approvals and permissions are in place.
If there are additional payments that you may have to make, such as planning costs or if you need to consult a Structural Engineer, we will offer assistance and advice, but you will be responsible for these costs.
If there is a particular service or item of equipment that would normally be considered as part of the installation and you have requested that this not be included, then we will have documented this on the proposal.
Please take the time to acquaint yourself with this proposal, if there is anything you do not understand, or if you require clariﬁcation on any point, please contact us.
Right to cancel
FTAO: Customer Service, Home Efficient LTD
Address: 158a Beechwood Road, Luton, LU4 9RY
Your rights under this contract
If you wish to exercise your right to cancel the contract, ‘Part 1’ below should be completed, and returned to Home Efficient LTD. You have the right to cancel this contract if you wish; within 14 days starting on the day this Notice of Rights to cancel is issued. Cancellation should be communicated in writing or by email to the person shown above. This notice can be delivered in person, by e-mail or sent by post – in which case you should obtain a Certiﬁcate or Posting or Recorded Delivery slip. You are advised to take a copy of the cancellation notice before returning it to Home Efficient LTD
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid, or partly paid for. A contract for services is completed when we have ﬁnished providing the services and you have FULLY paid for them. If you want to end the work before it is completed so that we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Work that has begun prior to the expiry of the cancellation period
If you have agreed in writing that work will commence before the 14-working day cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You are asked to conﬁrm in writing that work may commence before your cancellation period expires.
(Complete, detach or copy the below and return this portion of the form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
I/ We (delete as appropriate) hereby give notice that I/ we wish to cancel my/our contract. (Insert contract ref no, or name and address of the customer).
Contract Reference No/Order no/or description of contract:
Effects of cancellation
Unless If you cancel this contract and request that we provide goods and services as identiﬁed on the proposal overleaf before the expiry of the cancellation period, if you cancel the contract within the cancellation period, we will reimburse to you all payments received, 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 will make a deduction from the reimbursement for loss in value of any goods or services supplied if the loss is a result of unnecessary handling by you or if the goods cannot be re-used.
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
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 because of the reimbursement.
We will collect the goods at our expense. 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.
Work that has begun prior to the expiry of the cancellation period
If you have agreed in writing that installation work (including any installation work) will commence before the fourteen 14-day cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out you must pay us for the work carried out up until the time you tell us that you have changed your mind (and you agree that we may make a deduction from any refund otherwise due to you for this purpose). The amount will be in proportion to what has been supplied, in comparison with the full coverage of the agreement.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not ﬁt for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to outside of any required cancellation periods.
Related credit and other agreements
If you decide to cancel your contract for our goods and services, then any credit agreement and any other ancillary contracts related to the main contract will be automatically canceled.
Our rights under this contract
If within fourteen days of us informing you in writing of a serious breach of your obligations to us you have failed to rectify this breach, we will have the right to cancel this contract.
Should we suffer any losses due to a breach of this contract then we will be entitled to reasonable compensation to cover these losses? We are required to attempt to keep all losses to a minimum.
Timetable for works.
We will have agreed with you a timetable for carrying out the installation. By signing this contract, you are conﬁrming that you agree with this timetable.
There can be occasions that this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
In the case of severe delays to the delivery of goods then you may be offered different products of an equivalent speciﬁcation, value, and quality, so long as they are MCS certiﬁed. You can either accept that offer, wait for the products you ordered or choose to cancel the contract without penalty.
Should the delay be caused by us, or by our suppliers, and that delay could be considered as severe by a reasonable person, you would be entitled to cancel this contract without penalty to you.
Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However, if the delay incurs in extra costs, for example, scaffolding, we will require.
The installation will be carried out strictly in line with the MCS Standard relevant to the technology, and to any document referred to within that standard. In addition, we will always ensure that we meet all our obligations under the RECC Consumer Code.
The goods we supply will be of merchantable quality and ﬁt for the purpose. They will operate as we have described to you.
We will have insurance in place which will cover any loss or damage caused by us or our agents.
You will be required to supply us with normal services free of charge; this would include toilet, washing, water facilities, and electricity. You should also ensure we have safe and easy access to the installation area.
Any work to prepare for the installation carried out by you or a third party that you employ should be carried out in line with the agreed start date for the installation. If this work has not been completed and a consequent delay is caused you may be liable for any costs incurred by us for such a delay.
The work will be carried out by personnel trained in each of the tasks they are assigned, or by a third party. subcontractors. Where elements of the installation and/or goods require certiﬁcation, these may be certiﬁed by such third-party subcontractors.
You will be given warranties for both the installation itself and for the installed goods. The terms of these warranties will be given to you in writing, and we will explain them to you verbally.
Within 14 days of the completion of the installation and payment in full, we will hand over to you all documentation required as set out in the appropriate Microgeneration Installation Standard.
Deposits, advance payments, and goods purchased with deposits and advance payments
We are required under the Renewable Energy Consumer Code to also protect these deposits, advance payments, and our Workmanship Warranty with an insurance policy. We will give to you the name and contact details of this insurance company with the proposal. You will be entitled to claim on this policy should we fall into receivership, bankruptcy, or administration.
If we have requested a deposit, then this deposit will not exceed 25% of the total contract price set out in the proposal. Should you decide to cancel this contract within the fourteen days cooling off period, then this deposit will be returned to you promptly.
If we have requested advance payments in addition to a deposit, the total of all advance payments and deposits will not exceed 60% of the total contract price.
We will not request advance payments to be made any more than 4 weeks from the agreed delivery or installation date.
If we have requested a deposit before a full technical assessment of your property has been made, and we are unable to proceed because of something discovered during that technical inspection, then any deposits or advance payments will be returned.
The proposal will set out in detail when invoices will be sent and the amounts due for each payment.
Goods belonging to us.
Any goods belonging to us that have been delivered to you should remain clearly identiﬁable as our property. Until the title to the goods is transferred to you the goods should be stored in such a way as they are protected from damage. They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or you feel that the goods are causing any form of hazard you should contact us. Should you terminate the contract for any reason, then we will make arrangements with you to collect the goods. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not make adequate and reasonable arrangements with us to allow the goods to be collected, we retain the right to take legal proceedings to recover the goods or their value. The amount of any reimbursement may be reduced by any reasonable costs we may have incurred.
Changes to the planned work
If you decide to make changes to any planned work after you have signed this contract/proposal, you should contact us without delay. Wherever possible we will incorporate your changes and if we are not able to do so we will inform you as to why it is not possible for us to do so.
Where we are able to agree to your changes, we will require that you set out, in writing and within fourteen days, conﬁrmation of your request.
You need to be aware that any changes to the original design may mean an adjustment to the cost of the installation. Any adjustment in the cost, either in addition or subtraction will be dealt with as a Variation of the Contract and we will adjust the price by written agreement with you.
There can be occasions when we come across unexpected work. Should this arise, we will discuss this with you. If it is an area of work in which we are competent to operate, we will issue you with a proposal to complete that work. We will have documented on the proposal the normal rate for the work of our installers. If the work is outside our area of competence, we will assist you in ﬁnding a suitably qualiﬁed contractor to carry out the work. If this unexpected work causes a delay in the installation process, we may need to make reasonable charges for this delay.
You should make the payments agreed on in the proposal as they become due. The ﬁnal payment will be due on the day of completion of the installation. If you fail to make any agreed payment, we may cease work. Cease work includes If you fail to pay the amount speciﬁed in an invoice sent to you by the agreed due date, then we reserve the right to charge you interest until you pay the amount due. The interest rate we will charge will be 3% above the Bank of England base rate.
It is not permissible under this contract to withhold any more than a reasonable proportionate amount of the outstanding balance for any alleged defect. If you do withhold any amount after a payment has become due, you should give us notice of your intention before the ﬁnal date on which payment is due. You should also, with that notice, state the reasons for withholding payment with any images or proof of defects.
If we intend to cease work, we will give you notice of this in writing.
If you are in breach of this contract because you have not made a payment that was due to us and we have ceased work, you may have to compensate us for any additional costs we have incurred.
Dependent on the circumstances, we may require that the goods are returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us.
Conciliation and arbitration
If we are in dispute on any issue where we cannot come to an agreement, then we can refer the matter to conciliation. If you wish to go to conciliation, we are obliged to agree.
The RECC conciliation service is the conciliation service that will be used. The process is described within the Renewable Energy Consumer Code (RECC).
A suitably qualiﬁed expert will be appointed to consider the dispute. This expert will make recommendations to resolve the dispute.
These recommendations are not binding on either party. If you do not agree with the ﬁndings, you can refer the matter to the Independent Arbitration Service. The procedure used for this independent arbitration is described within the RECC Consumer Code. If you decide to follow this route, you will be required to pay a fee equivalent to the county court small claims procedure fee. You will have this fee refunded if the arbiter ﬁnds in your Favor.
An award made under the independent arbitration service will be ﬁnal and legally binding. Either party may only challenge the award on certain limited grounds under the Arbitration Act 1996.
We recommend that you read the Renewable Energy Consumer Code, which is available at www.recc.com