GLOW GREEN RENEWABLES SOLUTIONS INSTALLATION CONTRACT
These terms and conditions come into effect from 01/01/2023. for terms and conditions prior to this date can be located here: https://glowgreenltd.com/terms-and-conditions/previous/renewables-jan-2023
Terms used in this contract:
Where We use the terms below in the Contract, this is what We mean:
“Bespoke Design and Install Service” means the Installation of a Renewables Solution which has been designed to produce the Minimum Annual Output specified in Your Quote, carried out using Our mid-range hardware package.
“Cancellation Form” means the form which is available online at the following location: <a=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 Renewables Solution 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.
“Energy Performance Certificate” or “EPC” means, in relation to Your Premises, the certificate setting out the energy efficiency of Your Premises.
“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 and (iii) the Advance Payment.
“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.
“G99 certificate” means the certificate which may need to be applied for and given by the operator of the local electricity distribution network to which Your Premises are connected to confirm there is network availability for the connection of Your Renewables Solution.
“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 Renewables Solution at Your Premises,
“Instalment Payment Plan” means the agreed instalment payment plan detailing agreed instalment amounts and payment structure set out in the Quote with Us.
“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.
“MCS” means the Microgeneration Certification Scheme, and a recognised quality assurance scheme to certify microgeneration products and installers used to produce electricity and heat from renewable sources.
“Premises” means Your domestic premises, the address of which is set out in Your Quote.
“Preparatory Work” means any work that We are contracted to do prior to the installation of the Goods, including but not limited to any preparatory work, associated logistics and scaffolding, together with any profit that would have been made by us for your Order.
“Price” means the amount set out in Your Quote which You must pay Us for Your Renewables Solution and for performing Our obligations under the Contract.
“Quote” means the document which sets out the proposed Renewables Solution to be installed at Your Premises which was sent to You as part of the Quote pack.
“HIES” means The Integrity Foundation trading as The Home Insulation & Energy Systems Quality Assured Contractors Scheme which is a quality assurance scheme which sets out high consumer protection standards for businesses who are selling or leasing renewable energy generation systems to domestic consumers.
“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.
“Renewables Solution” means the associated plant and equipment which We propose to install at Your Premises and described in more detail in Your Quote.
“Renewables Inverter” is the electrical equipment which changes direct current (DC) produced by the Renewables panels into alternating current (AC), making it suitable for use with home appliances and the electricity network.
“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.
TERMS AND CONDITIONS OF THIS CONTRACT
How this Contract Works
- 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.
- 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.
- If the Contract names more than one person, you’ll all be responsible – as individuals and together – for Your obligations under the Contract.
- The Contract will start from the date We receive Your signed and dated Quote.
- If this Contract contradicts Your Quote, this Contract will take priority.
Your Right to Change your Mind
- 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.
- 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).
- 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.
- 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.
- 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:
- it is a reasonable reflection of the value of the work that has been carried out; and
- You gave us permission (by agreeing to this Contract) to proceed within the cancellation period.
- 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.
- We are accredited under and are members of The Home Insulation & Energy Systems Quality Assured Contractors Scheme (HIES). When We are performing Our obligations under the Contract, We will make sure that at all times, We comply with the requirements of HIES.
- We are also accredited under and are members of the MCS. 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 MCS.
- 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.
- We have estimated the energy performance calculations and provided these with your quotation. Our standard calculations are based on standard calculations provided by the Energy Performance Validation Scheme. Where We have referred to energy inflation or other statistical information, We have used information publicly available from the Office for National Statistics.
- 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 guarantee of performance.
What We need You to do before We install Your Renewables Solution
- Before We carry out the Installation or order any equipment, You must satisfy the following conditions (unless We tell You otherwise) (the “Installation Requirements”):
- 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).
- You have either:
- (i) paid Us in full (and any additional costs specified in Your Quote (and We have received); or
- (ii) paid Us the Deposit and any additional costs specified in Your Quote (and We have received it);
- You have a broadband connection at Your Premises to which We can connect Your Renewables Solution to enable communications with the Renewables Solution.
- You have completed any actions that We have specified in the Quote that You must carry out.
- Where any consent or certification is required from Your local distribution network operator for the Renewables Solution to be connected to the local distribution network (We will confirm if this is applicable to You), all such consent and certification must be obtained. In order to do this, We will liaise with the local distribution network operator on Your behalf provided that You give Us authority to do so by signing and returning a letter of authority which We will provide to You.
- 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.
- 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).
- 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 Renewables Solution 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).
- We may determine that a structural survey of Your property is required to confirm that Your roof structure is suitable for the Renewables solution installation. If We request a structural survey from You, it is Your responsibility to provide this to Us before We can proceed with the installation. We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote). It is also Your responsibility to have reviewed any relevant warranties in relation to your roof structure and you acknowledge that the installation of Your Renewables installation may void these and accept that We are not liable for this as we are installing your Renewables Solution under Your instruction.
- After an order is placed, there is an opportunity for the customer 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.
- 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.
Alternative options and declining an order
- 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.
- 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.
- 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.
- 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).
- 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.
Arranging a date for the Installation
- Once We have received and reviewed the survey of Your house from Your sales consultant Our Delivery Team will contact You to arrange a date on which We can begin the Installation (the “Installation Date”).
- 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.
- 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.
- 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, then We shall not be held liable to compensate for Loss of Earnings.
Installing Your Renewables Solution
- 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 a Renewables Solution 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 Renewables Solution. 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.
- 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.
- Notwithstanding point 2 above, We cannot guarantee the integrity or suitability of any existing components being connected to as part of your Renewables solution 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.
- If Your system is being installed under a G99 certificate, in some circumstances Your Renewables Solution may have to be locked off and not used until the local distribution network operator in Your local area has received a copy of the commissioning certificates. Our Technical Team will discuss this with You and manage this prior to the Installation if this is applicable to Your Installation.
- Hazards during the installation and protection against these
- 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.
- What We need You to do during the Installation
- 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.
- If We ask, You must empty and otherwise make ready, airing cupboards, storage and other parts of Your Premises to enable the Installation.
- Whilst all reasonable efforts will be taken to avoid causing any damage, We Accept no liability for any damages to fragile roof tiles, which may be consequent upon the carrying out of the work detailed to install your Renewables Solution, unless specifically provided for in the schedule(s) in the quotation. It is Your responsibility to raise any known issues that You believe may impact Our ability to install Your Renewables Solution during the pre-sales process to allow us to assess the feasibility of any installation. Failure to do so may result in the actions detailed in the section “If You Don’t Pay”.
- 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 install Your Renewables Solution: You acknowledge this and accept that:
- 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.
- 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.
- During the Installation:
- 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).
- You must take reasonable steps to ensure the health and safety of Our personnel, contractors and subcontractors whilst they are working at the Premises.
- 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.
- 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).
- 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:
- i. Retake, sell or otherwise deal with or dispose of all or any part of these goods.
- ii. 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.
- iii. Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
- You agree to keep the goods we deliver to you safe.
- The risk in such goods will pass to you on delivery to you.
- 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.
- You agree that you will not exercise a lien over any tools, equipment or goods.
- Our responsibilities during the Installation
- We will observe all health and safety regulations.
- We will use reasonable care and skill.
- We will:
- take reasonable care to avoid disrupting Your Premises;
- remove all waste material relating to the work We have carried out; and
- 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.
- We will use materials that are of satisfactory quality.
- We will ensure that Your Renewables Solution complies with all regulations and standards current at the time of installation.
- We will use Our reasonable efforts to ensure that the plant and equipment that We install at Your Premises as part of Your Renewables Solution 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.
- 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 Renewables Solution 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. An example of additional costs that may be incurred is if Your Renewables Solution needs a G99 certificate and the local electricity distribution network decides to impose certain charges for issuing the G99 certificate.
Completion of the Installation
- We will let You know once the Installation is complete. Once the Installation has been completed:
- 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.
- 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.
Paying for Your Installation
- 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.
- How we will ask you to pay for your installation:
- Once we have received confirmation that you have accepted a quotation for a Renewables Solution, We will ask you to make a deposit payment to secure your booking and to be used to cover the costs of preparatory work required under Your contract. This will under no circumstances be greater than 25% of the total Contract value;
- You will then be provided with the payment options available to you as to which method of payment you wish to use for the remaining balance of your purchase
- If you have chosen to pay Us directly
- When We are in the position to book you in for an installation date for your Renewables Solution, we will ask for a further Advance payment to cover further costs associated with your installation (for example, the ordering of Goods). This Advance payment will, under no circumstances, be an amount greater than 35% of the total contract value and will be requested no more than 28 days before your Installation date.
- On completion of the Installation of the Renewables Solution 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 and we will consider the payment overdue if it is not made during this period. We will however contact you for payment during this period in order to prevent any outstanding balance being escalated to our Collections team.
- We will discuss with You at the point of entering into Your Agreement how these payments will be made, and will set up a Continuous Payment Authority to allow these payments to be collected automatically from your debit or credit card. You will be asked to provide us with permission to do so. You have the right to withdraw this consent at any time.
- If You have chosen to finance Your purchase by means of a regulated credit agreement from one of Our chosen panels of lenders
- Prior to Us booking an installation date for Your Renewables Solution, You must have had your credit application approved by the relevant lender (who will confirm this to Us) and must have signed Your credit agreement that the lender will have provided you (who will also confirm this to Us).
- When We are in the position to book you in for an installation date for your Renewables Solution, we will ask for a further Advance payment to cover further costs associated with your installation (for example, the ordering of Goods). This Advance payment will, under no circumstances, be an amount greater than 25% of the total contract value and will be requested no more than 28 days before your Installation date.
- On completion of the Installation of the Renewables Solution, You will be required to sign a document confirming that the installation has been completed. At this point the lender will pay Us for the remaining value of your purchase and your credit agreement will be live.
- How your Deposit payment and Advance payment will be protected:
- We are required to ensure that your Deposit payment is insured.
- Your Deposit Payment is protected by the relevant Deposit Protection Scheme that we will register you with. This will normally be provided by The Home Insulation & Energy Systems Quality Assured Contractors Scheme (HIES) Full details of this will be provided to you in writing after a deposit payment is taken.
- Any Advance Payment is not protected under the same scheme however will only be collected after the stock for your Renewables Solution has been allocated to you and is being prepared for dispatch.
- The Renewables Solution (and associated products) will be Your responsibility from the time We deliver them. You do not own the Renewables Solution until We have received full payment for the services undertaken.
- Once We have received the Final Balance Payment from You:
- You will become owners of and responsible for Your Renewables Solution; and
- We will apply to certify Your Renewables Solution under the MCS or equivalent registration body, and will provide You with the certificate once We receive it.
- You will benefit from the guarantees and warranties for the parts of Your Renewables Solution 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 0330 113 9488. 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.
- Our standard workmanship guarantee is 5 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 Renewables Solution is subject to misuse or negligence, and/or repaired, modified or tampered with by anyone else.
- We will provide You with (or arrange the provision to You of):
- copies of the product guarantees and warranties which You benefit from;
- copies of all certificates, user manuals, guides, instructions, drawings and other documentation relating to Your Renewables Solution.
- In rare circumstances, Your local distribution network operator may need to carry out works in Your local area and may require You to disconnect Your Renewables Solution until these works have been completed. Please note that We will not be legally responsible to You for any losses that You may incur in these circumstances.
- Upon completion of Your Installation and after We have provided you with the necessary Handover documentation and warranties, You may choose to enter into an agreement with Your District Network Operator to export any surplus energy that you generate to them and receive a payment under the Smart Export Guarantee. This separate Agreement may stipulate requirements to have a smart meter fitted to Your Property. Your District Network Operator or electricity supplier will be able to arrange this for you.
Your Ongoing Rights and Obligations
- Once the Installation has been completed:
- You agree to comply with all conditions of the consents and permissions to keep Your Renewables Solution installed at Your Premises. You must tell Us immediately if You become aware that You have not complied with these conditions.
- You must maintain a broadband connection at Your Premises and keep Your Renewables Solution connected to it to enable communications with the Renewables Solution.
- 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 Renewables Solution, to carry out any of Our responsibilities or exercise any of Our rights under the Contract.
- Once the installation of Your Renewables Solution has been completed, We will provide You with the necessary documentation and guidance from the manufacturer of Your Renewables Solution. It is your responsibility to follow these.
- 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.
- 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.
- 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 8 (via an agreed Instalment Payment Plan), We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard at no cost to You.
Limits on Our Responsibility to You
- 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.
- Except for Our legal responsibility for death or personal injury, as set out above, We are not legally responsible under this Contract for:
- any losses that are not Our fault, or that We could not have reasonably expected when We entered into this Contract; or
- any financial losses (for example, wasted expenses or loss of profit, income, opportunity, contract or goodwill) whether direct, indirect or consequential.
- Our total liability to You shall not exceed £15,000.
Ending Your Contract
- 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.
- Cancellation by You
- 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 Renewables Solution will work for the next occupant. The cancellation will take effect on the date You move home. To do this, please contact Our Renewables Solution and Battery Support Team by email at [email protected] or by telephone on 0330 113 9488. We will acknowledge all cancellations in writing or by e-mail.
- Cancellation by Us
- 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:
- 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
- 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.
- Cancellation by You or Us
- 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.
- Consequences of expiry or cancellation:
- 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 Renewables Solution 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 Renewables Solution from Your Premises and return Your Premises to a reasonable standard at no cost to You and refund Your Payment.
- If You have not paid the Final Balance Payment, and You are not paying the Final Balance Payment in accordance with Section 8 (via an agreed Instalment Payment Plan), We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard.
- We may charge You for the costs We have incurred up until the cancellation of the Contract (as well as costs for removing the Renewables Solution 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.
- 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 Renewables Solution, We may choose to end or suspend this Agreement until payment in full for the completed and ongoing Installation has been made.
- Ending Your Contract will not affect any guarantees and warranties provided in relation to Your Renewables Solution, 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.
Advice and Complaints
- 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.
- We train Our Support Team to be able to sort most things out straight away. If they can’t, Our resolution 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.
- If We haven’t resolved Your complaint after eight weeks, or if We have sent You a final resolution letter to say there’s no more We can do, You can refer your complaint to HIES in their capacity of the Consumer Body that we are a member of. They offer alternative dispute resolution services that sorts out disputes between companies and customers. You can get in touch with them at:Email: [email protected]Website: www.hiesscheme.org.uk/Address: Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland, PR25 3GR
- Alternatively, You can refer Your case to Our nominated alternative dispute resolution provider through HIES. If We are unable to resolve the dispute through mediation, the complaint can be referred by HIES to The Dispute Resolution Ombudsman, who is entirely independent of HIES.and You can contact them via HIES at:Email: [email protected]Website: www.hiesscheme.org.uk/Address: Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland, PR25 3GR
Or you may choose to contact the Dispute Resolution Ombudsman directly at:Telephone: +44 (0)333 241 3209Email: [email protected]Website: www.disputeresolutionombudsman.orgAddress: Dispute Resolution Ombudsman 3-4 Viewpoint Office Village Babbage Road Stevenage SG1 2EQ
- What the Dispute Resolution Ombudsman decide is legally binding for Us, but not for You
- 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.
- 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.
- If We change Our complaints process, We will tell You through Our website
Your Personal Data
- 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.
If You don’t pay
- 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).
How We’ll contact You
- 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.
- 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
- If You wish to contact Us, please:
- Write to Us at: Glow Green Limited, 5th Floor, Avalon Building, Bournemouth, BH8 8EZ
- 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.
- Email Us: [email protected]
- We reserve the right to change the terms of the Contract. If We do, We will notify You about the 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.
- 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.
- 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.
- 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.