Trustmark approved
Electrician Trusted Trader

 

Terms and Conditions

The Customer’s attention is particularly drawn to Clause 15

1. Definitions

Supplier
Means The Big Green Electrical Company, Registered Number: 11005058

Customer
The person who buys or agrees to buy the Goods and/or Services from the Supplier.

Conditions
The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Supplier.

Services
The agreed services to be performed by the Supplier as set out in the quote, such Services to be provided using reasonable skill and care.

Goods
The items which the Customer agrees to buy from the Supplier as set out in the Quote.

Price
The price for the Goods and/or services, including VAT.

Commencement date
Has the meaning given in clause 2.

Contract
Means the contract between the supplier and the Customer for the supply of goods and/or services in accordance with these conditions.

Force Majeure Events
Has the meaning given in clause 23.

Intellectual Property Rights
Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Quote
The Customer’s quote for the supply of Goods and/or Services, as set out the Customer’s online acceptance of the Supplier’s quotation.

Services
The services supplied by the Supplier to the Customer as set out in the Quote.

Supplier Materials
Has the meaning set out in clause 12.

2. Conditions

These Conditions shall form the basis of the contract between the Supplier and the Customer in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions including the Customer’s standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase quote or confirmation of quote or any other document.

All quotes for Goods and/or Services shall be deemed to be an offer by the Customer to purchase Goods and/or Services from the Supplier pursuant to these Conditions.

Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions.

These Conditions may not be varied except by the written agreement of a director of the Supplier.

These Conditions represent the whole of the agreement between the Supplier and the Customer. They supersede any other conditions previously issued.

3. Price

The Price shall be the price quoted on the Quote (which includes VAT). We will require a deposit payment of a maximum of 25% of the contract price, including VAT, on confirmation of the order. We may require a further advance payment 14 days prior to installation. We will never ask you for more than 60% up-front, including the deposit.

4. Payment and Interest

Payment of the Price and VAT shall be due within 14 days of the date of the Supplier’s invoice.

Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

The Customer shall pay all accounts in full and not exercise any rights of set-off or counterclaim against invoices submitted by the Supplier.

5. Goods

The Goods are described in the Quote.

The Supplier reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.

6. Guarantees and Workmanship Warranties Insurance

Your equipment is guaranteed by its manufacturer. The guarantees are:

12 years for solar panels
5 years for the inverter (10 years if registered)
10 years for the battery storage.

Any products damaged during installation shall be replaced free of charge.

We guarantee our workmanship for two years from date of install. This workmanship warranty will be transferable to the new legal owner of the property if it is sold during the warranty period.

As members of the Renewable Energy Consumer Code, we are required to have arrangements in place so that your workmanship warranty from us will still be honoured if we should go out of business during the warranty period.

Your workmanship warranty is insured under the Qualitymark Protection Ltd.

You will receive an individual policy document in your name confirming this.

7. Delivery of Goods

Delivery of the Goods shall be made to the Customer’s address. The Customer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Supplier for delivery.

The Supplier undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

The Supplier shall not be liable to the Customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Customer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

If the Customer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Supplier shall be entitled to store and insure the Goods and to charge the Customer the reasonable costs of so doing.

8. Acceptance of the Goods

The Customer shall be deemed to have accepted the Goods 3 days after delivery to the Customer.

The Customer shall carry out a thorough inspection of the Goods within 3 days and give notice in writing to the Supplier after discovering that some or all of the goods do not comply with the Warranty above, the Customer must return the Goods to the Supplier at the Customer’s cost and the Supplier shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

Where the Customer has accepted, or has been deemed to have accepted, the Goods the Customer shall not be entitled to reject Goods which are not in accordance with the contract.

9. Title and risk

Risk shall pass on delivery of the Goods to the Customer’s address.

Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Supplier and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full.

Until title passes the Customer shall hold the Goods as bailee for the Supplier and shall store or mark them so that they can at all times be identified as the property of the Supplier.

The Supplier may at any time before title passes and without any liability to the Customer:

The Supplier may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.

11. Supply of Services

The Supplier agrees:

12. Customer’s obligations

The Customer shall:

If the Supplier’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

13. Confidentiality

The Supplier hereby agrees that during the course of his or her engagement under this Agreement they are likely to obtain knowledge of trade secrets and also other confidential information with regard to the business and financial affairs of the Customer and those of the Customer’s clients, customers and suppliers details of which are not in the public domain (‘Confidential Information’), and accordingly the Supplier hereby undertakes to and covenants with the Customer that:

The restrictions set out in Clause 13 shall cease to apply to information or knowledge which comes into the public domain otherwise than by reason of the default of the Supplier.

14. Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.

The Customer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.

All Supplier Materials are the exclusive property of the Supplier.

15. Limitation of Liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

Subject to this clause:

The Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £80,000.

After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

This clause 15 shall survive termination of the Contract.

16. Termination of Agreement

Either party shall have the right at any time to terminate this Agreement by not less than one month’s notice in writing to the other party.

In addition, either party shall have the right to terminate this Agreement at any time by summary notice without any payment in lieu in the event of:

and that party shall have no claim against the terminating party in respect of the termination of his or her appointment for any of the reasons specified pursuant to the above relevant Clauses.

17. Consequences of Termination

Upon the expiration or termination of the engagement under this Agreement for whatsoever cause, the Supplier shall forthwith deliver up to the Customer or its authorised representative all its property, including all equipment, materials, tools, keys, swipe cards, computer hardware and/or software, books, documents, account records and any other papers which may be in his or her possession, custody or control and which are the property of the Customer or which otherwise relate in any way to the business or affairs of the Customer and no copies of the same or any part thereof shall be retained by him or her. He or she shall then (if required by the Customer) make a declaration that the whole of the provisions of this clause have been complied with.

The Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;

The Customer shall, within a reasonable time return all of the Supplier’s equipment. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of the Supplier’s equipment. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping;

Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

The termination of this agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.

18. Insurance

The Supplier further warrants to the Customer that they will:

Take out and maintain throughout the term of this Agreement, adequate professional indemnity insurance to protect themselves against any liabilities arising out of this Agreement and shall produce, at the request of the Customer, a copy of the insurance policy or policies and relevant renewal receipts for inspection by the Customer;

Take out and maintain throughout the term of this Agreement, adequate public liability insurance coverage minimum of £5 million cover to protect themselves against any liabilities arising out of this Agreement in respect of all and any contractors/employees they utilise to carry out the Services and shall produce, at the request of the Customer, a copy of the insurance policy or policies and relevant renewal receipts for inspection by the Customer.

19. No Employment or Partnership

The Supplier is an independent contractor and nothing in this Agreement shall render or be deemed to render the Supplier an employee, worker or agent of the Customer and the Supplier shall not hold himself or herself out as such. This Agreement does not create any mutuality of obligation between the Supplier and the Customer and neither party seeks to create or imply any mutuality of obligation between the parties in the course of the performance of this engagement or during any notice period. The Customer is not obliged to offer work to the Supplier, nor is the Customer obliged to accept work where it is offered.

20. Notices/Communications

Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address stated in this Agreement or to such other address (being in Great Britain) as the addressee may from time to time have notified for the purpose of this Clause; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by ore-mail, one Business Day after transmission.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

21. Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

22. Force Majeure

If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue;

For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:

23. Assignment and Other Dealings

The Business may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.

The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.

24. Survival of Causes of Action

The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.

25. Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.

26. Waiver

A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

27. Variation

No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

28. Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).