Terms & Conditions

AIR CONDITIONING TERMS AND CONDITIONS

These terms and conditions come into effect from 25/03/24 for terms and conditions prior to this date can be located here.

Terms used in this contract:

Where We use the terms below in the Contract, this is what We mean:

“Cancellation Form” means the form which is available online at the following location: https://www.glowgreenltd.com/finance-cancellation-form/ and which is referred to in the Terms and Conditions attached to your quote.

“Cancellation Fee” no more than 30% of the total Price.

“Credit Check” means a check carried out by our panel of lenders to ensure that You have the financial means necessary to cover any payments due under the Contract.

“Contract” means these terms and conditions and the Quote between You and Us for the Installation of Your Air Conditioning system as may be updated by Us from time to time.

“Cooling Off Period” means the 14-day period after signing your quote in which you can cancel your contract at no cost to you. We will not book an installation, order any equipment or complete any works for you within this period. “Deposit” means the deposit amount set out in Your Quote.

“Final Balance Payment” means the amount set out in Your Quote that You must pay Us once the Installation is complete representing the difference between (i) the Price and (ii) the Deposit..

“Force Majeure Event” means an event or circumstance out of Our or Your reasonable control which cannot be prevented or avoided such as fire or severe weather conditions and which stops duties under the Contract from being carried out.

“Hazard” the potential that a situation, material or tool which has to cause harm or damage.

“Installation” means the work to design, construct, install, test and commission the Air Conditioning system at Your Premises,

“Marketing Materials” means any brochures, drawings, illustrations, literature, samples or other such marketing materials provided in relation to Us or any services or products offered by Us.

“Premises” means Your domestic premises, the address of which is set out in Your Quote.

“Price” means the amount set out in Your Quote which You must pay Us for Your Air Conditioning system and for performing Our obligations under the Contract.

“Quote” means the document which sets out the proposed Air Conditioning system to be installed at Your Premises which was sent to You as part of the Quote pack.

“REFCOM” means The Register of Companies Competent to Manage Refrigerants  which is a quality assurance scheme which sets out high consumer protection standards for businesses who are selling and installing Air Conditioning systems. .The body also makes sure all employees are adequately trained so that they can carry out their job safely & to a high standard.

“Requote” means a document issued by Us which details changes to materials and/or specifications from those detailed in the original Quote.

“Risk” the likelihood or probability of a Hazard causing harm or damage to a person, materials or property.

“Air Conditioning system” means the associated plant and equipment which We propose to install at Your Premises and described in more detail in Your Quote.

“Upfront Payment” means the upfront payment amount set out in Your quote.

“We” / “Us” / “Our” / “Ours” means Glow Green Limited, a company registered in England and Wales. Company Registration Number 07530174 and VAT Number 135032748.

“You” / “Your” means the person or people who have entered into this Contract with Us.

1. How this Contract Works

  1. The Contract is between You and Us. It is made up of (i) Your Quote (ii) this Contract (including any schedules) (iii) Requote (if applicable). It is important for You to read this Contract carefully so that You understand how it works.

  2. If You do not understand this Contract and want to talk to Us about it, or if You would like this Contract in another format (for example: audio, large print, braille), please contact us using the contact details below.

  3. If the Contract names more than one person, you’ll all be responsible – as individuals and together – for Your obligations under the Contract.

  4. The Contract will start from the date We receive Your signed and dated Quote.

  5. If this Contract contradicts Your Quote, this Contract will take priority.

2. Your Right to Change your Mind

  1. You have the right to change your mind and cancel this Contract within 14 days from the date of completion of Your installation without giving any reason. This does not apply to the extent that the Contract includes Emergency Works.

  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).

  3. You should think carefully about the consequences of cancelling the Contract at different stages. However, You may change Your mind and cancel the Contract from the Commencement Date to 14 days after the date of completion of Your installation. This is over and above Your statutory rights.

  4. If no Goods have been provided or Services carried out (including any Preparatory Work), You may change your mind and cancel the Contract, in which case You will receive a full refund of any monies paid within a further 14 days.

  5. If We have commenced with the provision of the Services (including any Preparatory Work) on the Contract, You may change Your mind and cancel the Contract, however We may charge You reasonable fees, provided:

    1. it is a reasonable reflection of the value of the work that has been carried out; and

    2. You gave us permission (by agreeing to this Contract) to proceed within the cancellation period.

  6. If We have completed (or partially completed an installation) You should think carefully about the consequences of cancelling the Contract at this stage. We will return to Your property to remove the Goods and You must allow Us to do so. You should plan carefully for this. We will carefully remove the Goods and leave Your property safe, secure and watertight. It is likely to be impossible to refit Your old goods back into the property and We are under no obligation to do so. However, We will ensure that any gas or water pipes are safely capped off and Your property boarded up or sealed so that it is temporarily protected from bad weather. We will charge You reasonable fees for the work done so far and the reduced value of the Goods. If the work has been completed, this could mean that you could be charged a significant proportion of the agreed price.

3. About Us

  1. We are accredited under and are members of REFCOM. When We are performing Our obligations under the Contract, We will make sure that at all times, We comply with the requirements of REFCOM.

  2. We are also qualified installers for all products that we supply and install. When We are performing Our obligations under the Contract, We will similarly make sure that at all times, We comply with the requirements of the relevant manufacturer.

  3. We may transfer Our rights and/or obligations under the Contract to another company. If We organise for another company to perform some of Our obligations for Us, this will not affect Our responsibility to You under the Contract.

4. Your Fixed Price Promise

  1. Your Quote will benefit from Our Fixed Price Promise where we commit that the installation will be completed at the quoted Price provided that:

    1. The Information that You have provided to Us is correct - During the Quotation process, You will be asked several questions about Your property and Your requirements for Your new Order. You must provide us with honest and accurate responses to these questions as Our recommendations will be based upon the information that You provide to us;

    2. There are no existing issues or faults with Your existing electrical infrastructure - Included but limited to damaged or faulty components including metering, consumer units and fuseboards) that are already in situ or faults that We couldn’t reasonably have been expected to know about before;

    3. External access equipment (eg: Scaffolding) is not required by our engineer to safely install your new air conditioning unit, unless we have included the cost of providing this within your quote;

    4. The products and works detailed on Your Quotation are the ones that We install - If it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, or the works detailed are different (for example, if the location of the new equipment is in a different location to that specified on Your Quotation).

  2. If any of the above exclusions apply, We will reissue You with a new quotation that details any additional work required and that new Quotation will carry its own Fixed Price Promise for the specified work.

5. What We need You to do before We install Your Air Conditioning system

  1. Before We carry out the Installation or order any equipment, You must satisfy the following conditions (unless We tell You otherwise) (the “Installation Requirements”):

    1. The Cooling Off Period period has ended and You haven’t cancelled the Contract or You have sent Us a completed Waiver Form (and We have received it).

    2. You have either:

      1. paid Us in full (and any additional costs specified in Your Quote (and We have received it);

      2. paid Us the Deposit and any additional costs specified in Your Quote (and We have received it);or

      3. chosen to finance your purchase by means of a regulated credit agreement from one of Our chosen panel of lenders and have had your credit application approved by the relevant lender (who will confirm this to Us).

    3. You have completed any actions that We have specified in the Quote that You must carry out.

    4. As Your Quote is based on the surveys of Your Premises (desktop and/or physical) which We carried out prior to You entering into the Contract with Us, You must not have carried out any renovation, modification or other alteration to the structure of Your Premises or changed its primary use since the date of Our last survey.

  2. If some or all of the installation requirements are not satisfied within 30 days of the start date of Your Contract and We have not told You that You do not need to satisfy them, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote).

  3. You must also obtain all consents and permissions by the date on which We complete the Installation to allow Us to carry out the Installation and to keep Your Air Conditioning unit installed at Your Premises. These consents and permissions may include building regulation completion certificates, planning permissions, landlord consents and mortgagor consents. If We ask You, You must promptly provide Us with proof that You have obtained them. If You have not obtained them all, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote).

  4. It is Your responsibility to ensure a suitable electrical supply and meter is available to Your property. Where this is not the case, You will need to organise a supply via Your existing or any other suitable electrical provider. An electric meter will also be required which will need to be arranged separately with an electrical supplier. Any costs incurred for the same are to be borne by You and are in no way part of this Contract unless specifically included in the quotation.

  5. After an order is placed, there is an opportunity for the You to send photos to the Us using an online portal. By viewing the photos in advance We can discuss any technical aspects of the installation prior to the engineer attending; this makes the installation process run as smoothly as possible ensuring the right materials are delivered to enable a suitable installation.
    You agree that any photos supplied during or after the ordering process are true and accurate images of what the engineer will see at the installation site.

  6. If deemed necessary, We may supplement the above steps with a virtual inspection of your property making use of video call software. This allows further opportunity to expand upon any further technical points raised during the pre-installation process.

  7. The quotation that We provide is a fixed price for the specification of the Air Conditioning system installation.  The quotation does not include existing issues which We may come across during the installation with your gas, heating, plumbing or electrical system. Should we find issues with your existing system, this will be noted on the Audit form after the installation. A separate quotation can be given to complete these works.

  8. If You have entered into a Credit Agreement via one of the Our nominated finance providers, the terms of their agreement will apply as part of this Contract.

  9. The price that We quote does not include the cost of removing any dangerous waste materials, such as asbestos, that We could not reasonably identify when we provided Your quote. You can call a specialist contractor to remove these dangerous materials or We may be able to arrange for them to be removed at an extra cost. When asbestos is removed You will need to produce a “site clearance for reoccupation” certificate, which You can get from the asbestos removal company, before We continue to work at Your property.

  10. The price that We quote includes removing all non-dangerous materials.

  11. Unless it is otherwise stated in the quotation and schedule of works, We will connect onto your home’s existing electrical system. If the installation location is changed as part of the schedule of works, then additional electrical works may be required which may require an additional visit at a later time. In the event that an additional installation visit is required, the air conditioning unit will be commissioned on a temporary supply pending the completion of the works.

  12. If the Air Conditioning system is to be installed in the loft or at another high location, it is the Your responsibility to install any relevant accessibility parts such as fixed loft ladder, lights, fixed surface/platform, hand rails etc.

6. Alternative options and declining an order

  1. If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, then We will inform You of why the installation cannot go ahead as ordered and discuss alternative options including any delay to installation that may be incurred. If the customer declines the alternatives offered, or if no alternatives can be offered, then We will give a full refund to the customer, minus any Cancellation Fee that may be applicable, and remove any materials that may have already been delivered to site.
    In exceptional cases where We determine an installation cannot take place, We reserve the right to decline any order at any time. Should We decline an order, no damages or expenses of any kind shall be payable by Us to You beyond the refund of any money already paid in relation to the contract.

  2. If, upon physical inspection of the site, it is determined that more equipment or a significant amount of extra work is required, then We will inform You of any increase in costs prior to these costs being incurred and issue Requote which must be approved by you (orally or in writing) and will then form part of the Contract (this approval may be carried out either by physical documentation or by email). We will also inform You of any delay to installation that may be incurred. If the customer declines any extra equipment or work required to facilitate the installation work they are entitled to a full refund.

  3. We reserve the right to decline any order at any time up until completion. Should We decline an order, no damages or expenses of any kind whatsoever shall be payable by Us to You beyond the refund of any money already paid in relation to the contract.

  4. Any changes in materials and/or specifications from those detailed in the original documentation, will only apply when supported by Requote issued by Us, which must be approved by You and will then form part of the Contract (this approval may be carried out either by physical documentation or by email).

  5. Whilst every effort is made to ensure the delivery and installation timescales agreed during the ordering process are met, We reserves the right to delay installation for reasons including (for example) fires, strikes, illness, severe weather, lockouts, terrorism, war and any other causes beyond Our control interfering with its execution or completion of the contract. Time shall not be deemed to be the essence of the Contract.

  6. Due to Our policy of continuous improvements, You shall have the benefit of any modification We may make to Our products and procedures albeit these changes may be made without prior notice to the Customer. All illustrations within Our literature and that of Our suppliers are intended as an illustrative guide only.

7. Arranging a date for the Installation

  1. Once We have received and reviewed the survey of Your house from Your sales consultant Our Scheduling Team will contact You to arrange a date on which We can begin the Installation (the “Installation Date”).

  2. If You want to re-arrange the installation date, You must give Us at least 5 working days notice. If You give Us less than 5 days’ notice, You must pay Us the costs We have incurred as a result. If You rearrange the installation date two times or more, We may cancel the Contract.

  3. We may rearrange the Installation Date if We believe that, on the day, the weather or the occurrence of an event or circumstances at or near Your Premises (and which is outside Our reasonable control) means that We cannot carry out the Installation safely. We will try to give You as much advance notice as possible.

  4. Time shall not be deemed to be the essence of the Contract. Should We be required to amend the scheduled Installation Date due to engineer availability or any other reason outside Our reasonable control, then We shall not be held liable to compensate for Loss of Earnings. Every effort will be made to notify You of any change to the scheduled Installation Date at the earliest availability.

8. Installing Your Air Conditioning system

  1. Your Quote will set out how long We think it will take to carry out the Installation at Your Premises. Although every case is different, the Installation of an Air Conditioning system will, typically, take between one and three days, although We may need to return to Your Premises on a subsequent day in order to complete the final tests of the system. We may also need to attend Your Premises before and after the Installation in order to set up and dismantle any scaffolding which is required.

  2. When adding new equipment to your house, our engineer will need to inspect existing relevant infrastructure to ensure it meets current regulatory standards and is of suitable performance.This may include if the supply of electricity to your Property is a non-standard domestic supply (e.g: multiple phases). Should your existing infrastructure fail to meet relevant standards/capacity then We will give you the options to bring the infrastructure up to a standard which allows new equipment to be connected. At this point You may cancel your order for a full refund minus the Cancellation Fee if applicable. If you do not wish to authorise the required additional work(s) but still wish the new equipment to be installed, we will leave the equipment for final connection by others and will not be able to commission the equipment. In such circumstances the customer is still liable to make payment in full as if the installation had been completed.

  3. Notwithstanding point (2.) above, We cannot guarantee the integrity or suitability of any existing components being connected to as part of your Air Conditioning system and We cannot be held responsible for the failure of any such components or defects existing within any part of the existing infrastructure that may not have been readily apparent at the point of installation

  4. During the Installation phase, we will be required to turn off the electricity supply to Your Property in order to safely connect the Air Conditioning System. We will give You as much advance notice as possible as to when this would be but you should be prepared for this ahead of the installation date. You must consider that electricity to Your Property will be turned off and agree that We are not responsible for any interruption, loss of earnings or loss of data caused as a result of Your electricity supply being turned off by Us, provided that We have given You appropriate notice to take preventative action.

  5. Hazards during the installation and protection against these

    1. During the Installation there will be hazards such as tools and materials, cables, dust sheets, ladders and scaffolding at Your Premises. We want to keep You, Your family, visitors and Our people as safe as possible so please try to avoid the work areas and take care when entering is required. Please also ensure You follow any instructions the technicians/contractors give you at all times. By signing these terms and conditions You confirm that You understand and are aware of what You need to do regarding the hazards associated with the Installation.
  6. What We need You to do during the Installation

    1. In order for Us to carry out the Installation, You agree to give Us (and Our representatives and sub-contractors) safe, full, free and unrestricted access to Your Premises including access to electricity, broadband, earthing and other relevant services at Your Premises that We need to carry out the Installation.

    2. If We ask, You must empty and otherwise make ready, airing cupboards, storage and other parts of Your Premises to enable the Installation.

  7. We use a panel of approved third-party subcontractors to provide quotations for the design, erection and dismantling of any scaffolding that may be required at the Premises to complete Your installation: You acknowledge this and accept that:

    1. If, upon physical inspection of the site, it is determined by the third-party subcontractor providing the scaffolding services that more equipment or a significant amount of extra work is required, then We will inform You of any increase in costs prior to these costs being incurred and issue a Requote which must be approved by you (orally or in writing) and will then form part of the Contract (this approval may be carried out either by physical documentation or by email). We will also inform You of any delay to installation that may be incurred.

    2. Should there be a requirement to erect scaffolding on or over a low roof to enable access to a higher part of the Premises, the scaffolding  may cause minor damage to roof tiles on these lower structures. Whilst all reasonable efforts will be taken to avoid any potential damage, you accept that should such damage occur that neither We nor Our appointed sub-contractors are liable for such damage to the unavoidable nature of the work involved.

    3. Whilst all reasonable efforts will be taken to avoid any potential damage to Your property, including exterior floor coverings (eg: decking or patio areas) and minor cosmetic damage to exterior surfaces on Your property, You accept that should such damage occur that neither We nor Our appointed sub-contractors are liable for such damage due to the unavoidable nature of the work involved

  8. During the Installation:

    1. You, or a responsible person who is over 18 years old and authorised by You, must be at the Premises at all times (unless We agree with You otherwise).

    2. You must take reasonable steps to ensure the health and safety of Our personnel, contractors and sub-contractors whilst they are working at the Premises.

  9. If You do not comply with Your responsibilities set out in Sections 6.3 and 6.5 above for a period of seven days after We have told You about Your non-compliance, We may cancel the Contract.

  10. If We discover an environmental or safety issue or condition at the Premises (such as the existence of asbestos), We will tell You immediately and stop the Installation. You will be responsible for rectifying the issue or condition. Once rectified, We will continue with the Installation. If You do not rectify the issue or condition within three months of Us telling You, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote).

  11. Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:

    1. (1) Retake, sell or otherwise deal with or dispose of all or any part of these goods.

    2. (2) Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.

    3. (3) Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.

  12. You agree to keep the goods we deliver to you safe.

  13. The risk in such goods will pass to you on delivery to you.

  14. If We leave any tools or equipment or goods with You (with Your agreement) and You damage, tamper or lose them (or fail to prevent their damage or loss), We may charge You for Our costs in repairing and/or replacing them.

  15. You agree that you will not exercise a lien over any tools, equipment or goods.

  16. Our responsibilities during the Installation

    1. We will observe all health and safety regulations.

    2. We will use reasonable care and skill.

    3. We will:

      1. take reasonable care to avoid disrupting Your Premises;

      2. remove all waste material relating to the work We have carried out; and

      3. clean up to a reasonable standard, but We will not repaint or redecorate any surfaces affected by Our work or complete any remedial work to building structures and We will not accept responsibility for damage to carpets or other floor coverings, unless We have been negligent.

    4. We will use materials that are of satisfactory quality.

    5. We will ensure that Your Air Conditioning system complies with all regulations and standards current at the time of installation.

  17. We will use Our reasonable efforts to ensure that the plant and equipment that We install at Your Premises as part of Your Air Conditioning system corresponds with the plant and equipment set out in Your Quote. However, We cannot guarantee that the plant and equipment will be available when carrying out the Installation. If any plant and equipment is unavailable, We will install substitute plant and equipment which is of a similar or better specification to the unavailable plant and equipment.

  18. If, during the Installation, We find that additional work is required or additional costs will need to be incurred (which has not been caused by Our neglect or default) or if You change the requirements of the Air Conditioning system from what is set out in Your Quote, We will provide You with a Requote (which, if You accept, will replace the existing Quote). If You do not accept the Requote, We may cancel the Contract.

  19. Whilst every care will be taken, We accept no liability for any damages to plaster work, decoration, flooring etc, which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished or redecorated. Floor boards will be reinstated or replaced when necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which have to be lifted will be re-laid to the best of Our engineer’s ability, however We cannot be held responsible for carpets which have been nailed or glued down, It should be anticipated that an amount of re-decoration may be required and this will be the Your responsibility and is not included in the price. Similarly We accept no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on Our part, our servants, workmen or assigns.

  20. 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 pipe-work is not included unless specifically detailed in the quotation. If We remove boxing, it will be down to Our engineer’s discretion if the boxing is to be put back.

  21. When brickwork, stonework or other masonry has to be made good, We will require You to provide Us with the necessary bricks required for making good, with the correct quantity allowed for. We will not provide materials for these works unless specifically outlined in the quotation provided in the quotation.

9. Completion of the Installation

  1. We will let You know once the Installation is complete. Once the Installation has been completed:

    1. You must if You have opted to pay an initial deposit prior to installation pay Us the Final Balance Payment within seven days of the date on which the Installation was completed.

    2. If You do not pay the Final Balance Payment within 30 days after having received a reminder from Us, We may cancel the Contract. Please also see the “If You don’t pay” section below about other remedies We may have.

10. Paying for Your Installation

  1. We have a number of different payment options and will confirm the agreed payment method and terms with You in writing. Please see below for the relevant section depending on how You have paid for Your Installation.

  2. Where You have paid a Deposit:

    1. You agree that We will automatically collect the remainder of payment upon completion of the Installation using the details provided at the time of booking. If the payment fails, Your card may be re-attempted for the remaining balance.

    2. You have the right to remove Your card details at any time and You can do this in writing or on the phone to Us.

    3. If You are a recipient of a functioning Air Conditioning system and payment is not received within 7 days, We are entitled to report this to the credit reference agencies and take legal action.

  3. The Air Conditioning system (and associated products) will be Your responsibility from the time We deliver them. You do not own the Air Conditioning system (and associated products) until We have received full payment for the services undertaken.

  4. On completion of the Installation of the Air Conditioning system, We will require full payment of any outstanding balance as set out in Our Quote. Payment terms are seven days from completion of the Installation.

  5. Once We have received the Final Balance Payment from You:

    1. You will become owners of and responsible for Your Air Conditioning system; and

    2. We will apply to register your Air Conditioning system with the appropriate Manufacturer.

    3. You will benefit from the guarantees and warranties for the parts of Air Conditioning system as specified in Your Quote. These guarantees and warranties will be for Your benefit and all subsequent owners of Your Premises and will be valid for the period set out in each guarantee and warranty. These guarantees and warranties have their own terms and conditions and We recommend that You read them carefully to understand Your rights and obligations under them. If You do not understand and want to talk to Us about these, please contact us on the details below. Other than these warranties, all other warranties (including fitness for purpose) are implied by law or otherwise are excluded to the fullest extent permitted by law.

11. Other Provisions

  1. Our standard workmanship guarantee is 3 years from the date of completion of Installation of Your system. This covers defects associated with the Installation We carried out, but not product defects, which are covered by manufacturers’ guarantees and warranties (see below). Workmanship is only guaranteed if full payment has been made. The guarantee will become null and void if our standard workmanship and/or Air Conditioning system is subject to misuse or negligence, and/or repaired, modified or tampered with by anyone else.

  2. The above Workmanship guarantee does not extend to the integrity or suitability of any existing components being connected to and We cannot be held responsible for the failure of any such components or defects existing within any part of Your original electrical system.

  3. We will provide You with (or arrange the provision to You of):

    1. copies of the product guarantees and warranties which You benefit from;

    2. copies of all certificates, user manuals, guides, instructions, drawings and other documentation relating to Your Air Conditioning system.

12. Your Ongoing Rights and Obligations

  1. Once the Installation has been completed:

    1. You agree to comply with all conditions of the consents and permissions to keep Your Air Conditioning system installed at Your Premises. You must tell Us immediately if You become aware that You have not complied with these conditions.

    2. You must allow Us, Our personnel, contractors and sub-contractors to access Your Premises at reasonable times where We ask You in order to inspect Your Air Conditioning system, to carry out any of Our responsibilities or exercise any of Our rights under the Contract.

  2. Once the installation of Your Air Conditioning system has been completed, We will provide You with the necessary documentation and guidance from the manufacturer of Your Air Conditioning system. It is your responsibility to follow these.

13. Force Majeure

  1. Neither You nor We will be legally responsible to the other for any failure or delay to perform its obligations under this Contract if such a failure or delay is due to a Force Majeure Event.

  2. If the Force Majeure Event affects Yours or Our ability to carry out its obligations under the Contract for a continuous period of 3 months then the non-affected person may cancel the Contract.

  3. If the Contract has been cancelled for a Force Majeure Event and (i) You have not paid the Final Balance Payment and (ii) You are not paying the Final Balance Payment in accordance with Section 7.1.2 (via an agreed Instalment Payment Plan), We will remove the Air Conditioning system from Your Premises and return Your Premises to a reasonable standard at no cost to You.

14. Limits on Our Responsibility to You

  1. Nothing in the Contract removes or limits Our legal responsibility to You for death or personal injury caused by Our negligence. We also accept full legal responsibility if We act in a fraudulent way. This Contract does not affect any rights You have by law.

  2. Except for Our legal responsibility for death or personal injury, as set out above, We are not legally responsible under this Contract for:

    1. any losses that are not Our fault, or that We could not have reasonably expected when We entered into this Contract; or

    2. any financial losses (for example, wasted expenses or loss of profit, income, opportunity, contract or goodwill) whether direct, indirect or consequential.

    3. Our total liability to You shall not exceed £15,000.

15. Ending Your Contract

  1. Expiry of the Contract – this Contract will automatically end on completion of the Installation, unless it has been cancelled earlier by either You or Us in accordance with the Contract.

  2. Cancellation by You

    1. In addition to the rights You have to cancel the Contract as set out elsewhere in these Terms and Conditions, You can cancel the Contract if You are moving home. You must tell Us when You are going to move out of Your home so We can ensure Your Air Conditioning system will work for the next occupant. The cancellation will take effect on the date You move home. To do this, please contact Our Customer Services Team by email at [email protected] or by telephone on 0330 113 9488. We will acknowledge all cancellations in writing or by e-mail.
  3. Cancellation by Us

    1. In addition to the rights We have to cancel the Contract as set out elsewhere in these Terms and Conditions, We may also immediately cancel the Contract if We are unable to complete the Installation:

      1. for any reason (e.g. environmental, health and safety, structural or technical reasons connected with Your Premises) which has not been caused by Our neglect or default and which You have not resolved the issue within 30 days of Us telling You about it; or

      2. for the occurrence of an event or circumstance which prevents completion of the Installation which could not have been reasonably foreseen by Us and which You have not resolved the issue within 30 days of Us telling You about it.

  4. Cancellation by You or Us

    1. In addition to the right to cancel the Contract if a Force Majeure Event occurs (see Section 10 for more details), either You or Us (as the person cancelling) may cancel the Contract immediately, if (i) the non-compliant person has been informed about its non-compliance and (ii) after being informed, continues to not comply for a period of 30 days.
  5. Consequences of expiry or cancellation:

    1. If You have cancelled the Contract because We have varied the Contract or as a result of any neglect or default by Us, then (i) if You have not paid the Final Balance Payment, We will remove the Air Conditioning system from Your Premises and return Your Premises to a reasonable standard at no cost to You (ii) if the final balance has been paid upfront, we will We will remove the Air Conditioning system from Your Premises and return Your Premises to a reasonable standard at no cost to You and refund Your Payment.

    2. If You have not paid the Final Balance Payment, and You are not paying the Final Balance Payment in accordance with Section 7.1.2 (via an agreed Instalment Payment Plan), We will remove the Air Conditioning system from Your Premises and return Your Premises to a reasonable standard.

    3. We may charge You for the costs We have incurred up until the cancellation of the Contract (as well as costs for removing the Air Conditioning system and returning Your Premises to a reasonable standard). Where We do charge You for Our costs, We are entitled to recover what You owe Us either (i) by retaining an amount of Your Deposit equal to Our costs or (ii) invoicing You for the amount owed. We will return the outstanding balance of Your Deposit to You within 30 days.

    4. If You have a bankruptcy petition filed against You or We reasonably believe that You will not be able to pay for the Installation of Your Air Conditioning system, We may choose to end or suspend this Agreement until payment in full for the completed and ongoing Installation has been made.

    5. Ending Your Contract will not affect any guarantees and warranties provided in relation to Your Air Conditioning system, any rights and responsibilities that You or We had before the Contract ended, or which are due to come into force under the Contract or to continue after the date it ended.

16. Advice and Complaints

  1. If We fail to deliver the standard of service You expect, You can contact our Support Team so that We can put it right. You can find their contact details in the “Contacting Us” section below.

  2. We train Our Support Team to be able to sort most things out straight away. If they can’t, Our Complaints team will take over. We try to resolve complaints in two working days or less. If You’re not satisfied with how We respond, You can ask Us to review Your case. We’ll look into how We’ve handled it and decide if We should do anything differently.

  3. If We haven’t resolved Your complaint after eight weeks, or if We have sent You a final resolution letter, also known as a deadlock letter, to say there’s no more We can do, You can go to the Dispute Resolution Ombudsman. It’s a free and impartial service that sorts out disputes between companies and customers. You can get in touch with the Dispute Resolution Ombudsman at:

    Telephone: +44 (0)333 241 3209

    Email: [email protected]

    Website: www.disputeresolutionombudsman.org

    Address: Dispute Resolution Ombudsman 3-4 Viewpoint Office Village Babbage Road Stevenage SG1 2EQ

  4. What they decide is legally binding for Us, but not for You.

  5. If You aren’t happy with what the Dispute Resolution Ombudsman decides or You may refer Your complaint to the courts of England and Wales.

  6. To ‘Know Your Rights’ and for free, independent, confidential and impartial advice on consumer issues, visit: citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 03454 040506 or fill in their energy query form. You can do any of this at any point during the complaints process.

  7. If We change Our complaints process, We will tell You through Our website

17. Your Personal Data

  1. We respect your right to privacy and undertake to look after any information which could identify you (“personal information”) carefully. We strictly comply with all UK data protection laws, and we are listed on the public register of data controllers, which is looked after by the Information Commissioner.

  2. Our separate Privacy Policy applies to our customers, users of our products and services, and to our prospective customers who have shown an interest in our products and services.

  3. This Privacy Notice tells you who we are, how we collect, share and use your personal information, and how you can exercise your privacy rights. It applies to personal information that we use to provide you with our services or products, and personal information which we collect through our website. If we change the way we handle your personal information, we’ll update the Privacy Policy and you’ll be able to see the changes.

  4. Our Privacy policy is available for you to view here: https://www.glowgreenltd.com/privacy-policy/

18. If You don’t pay

  1. If You owe Us a balance after installation, You agree to make all payments You owe Us promptly and without any deductions whatsoever. If You do not pay promptly and in full when amounts owed to Us are due, or where We have reminded You that amounts are overdue, We may take reasonable action to recover any amounts owed, together with any costs We incur in dealing with an overdue payment. We may appoint a debt collection agency and/or take legal action if You do not pay (e.g. the Final Balance Payment).

19. How We’ll contact You

  1. If You have given Us an email address or mobile telephone number We may email or text You to manage Your account or to provide You with useful information. We may also send You messages by social media if You have provided Us with these details.

  2. If You change Your email address, social media account or mobile phone number You will need to let Us know straight away to make sure You still receive messages from Us

20. Contacting Us

  1. If You wish to contact Us, please:

    1. Write to Us at: Glow Green Limited, 5th Floor, Avalon Building, Bournemouth, BH8 1EZ

    2. Call our Customer Service team on 0330 113 9488 between 9am and 5pm Monday to Friday. This is a local rate number when You call from a landline, and If You call from a mobile, charges may vary.

    3. Email Us: [email protected]

21. Air Conditioning Units and Components Guarantees – General Terms

  1. Any Air Conditioning system that We have installed will be covered by the relevant manufacturer guarantee for the period stated on your Quotation. Only the relevant manufacturer and We are authorised to work on the appliance during this time. (Authorisation may be given for work to be carried out on a case by case basis).

22. Glow Green 7 Year Extended Warranty Optional Cover for Air Conditioning Units**

  1. A 7 year Parts (Only) Warranty is provided for free, for Air conditioning systems installed by Glow Green.

  2. In order to obtain a complete full 7 years Labour warranty the homeowner must agree to use Glow Green Ltd (AC Glow Care 100 – £99 Plus VAT for the first year) for the full service obligation of the system. This involves the appliance being serviced within every 12 months by Glow Green Ltd (covered under Glow Care 100). It is the homeowner’s sole responsibility to book in this service with Glow Green Ltd within the 12 month timescale.

  3. If the air conditioning system develops a fault, we may ask you to pay us a deposit before we visit you to repair it. We will return the deposit in full if we find a fault that is covered by this warranty. We may keep the deposit if we cannot access your property at the time we had arranged with you to visit or we find other conditions of this warranty have not been met. A responsible adult must be at the property to give our engineer access to the air conditioning

  4. A charge will be made for any recurring call outs relating to any exclusions mentioned, chargeable at Glow Green Ltd’s current normal working hours and emergency out of hours (£99 Plus VAT normal working hours and £149 plus VAT emergency out of hours).

  5. Glow Green Ltd cannot be held responsible for any damage that may arise due to adverse weather conditions such as frozen condensation outlets, storms & floods.

  6. Glow Green Ltd reserve the right to cancel any service and maintenance contract if a homeowner does not keep up with the services and maintenance recommendations made by Glow Green Ltd engineers at any point during the 7 years.

  7. Your warranty will be void if you interfere with the Air Conditioning system in any way,

  8. Any decisions made by Glow Green Ltd are final and not subject to change.

  9. Should there be a pay increase in the service contract; Glow Green Ltd will notify you 1 month before collecting the payment.

  10. Annual Servicing will usually be carried out during the period April to August inclusive. Glow Green Ltd will not be obliged to carry out a service outside of this period as breakdown calls will be given priority. All servicing work is carried out during normal working hours Monday to Friday.

  11. Glow Green Ltd may not be held responsible for any delay in provision of spare parts by suppliers and thus no compensation is payable should this occur. Glow Green Ltd may supply and fit replacement parts and components which are adequate but not the same as defective parts.

  12. This warranty only relates to the air conditioning system & integrated controls.

  13. Any repair carried out under the terms of this warranty does not extend the warranty beyond its original period.

  14. This warranty only applies to air conditioning systems bought in and used in the United Kingdom.

  15. Engineers will not carry out repairs if they think accessing the air conditioning system would be a risk to health and safety.

  16. Glow Green reserves the right to cancel the 7 year labour warranty with 28 days notice to renewal. This will not affect your Free 7 year Part Warranty with the manufacturer.

  17. This warranty does not in any way affect your statutory or legal rights.

23. General

  1. We reserve the right to change the terms of the Contract. If We do, We will notify You about any changes and when they will take effect. If You do not agree with the changes, You can cancel the Contract with immediate effect by telling Us by e-mail or in writing by post within 7 days of receiving Our notification.

  2. All illustrations within Our marketing materials and literature and that of Our suppliers are subsequently intended as a guide only. Attention should be drawn to the relevant Manufacturer’s operating guides in relation to the products that have been installed and their operating efficiency.

  3. By agreeing to the Contract, You agree to Us carrying out a Credit Check on You. We may carry out this check before You have paid Us the Deposit. If for any reason You fail the Credit Check We reserve the right to immediately cancel the Contract.

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

  5. The Contract is governed by the laws of England and Wales. Your statutory rights as a consumer are set out in legislation and nothing in the Contract, or any of Our Marketing Materials shall affect any of Your or Our statutory rights.