Terms & Conditions | Smart Renewable Heat

TERMS & CONDITIONS OF CONTRACT FOR PROJECT WORKS

1. DEFINITIONS

1. SMART RENEWABLE HEAT LIMITED: SMART RENEWABLE HEAT LIMITED, whose Registered Office address is Blenheim Reach, 2nd Floor, 861 Ecclesall Road, Sheffield, S11 8TH 

2. The Contract: means the offer for the supply of goods and/or services by SMART RENEWABLE HEAT LIMITED in the form of the Quotation, these Terms & Conditions and the acceptance of the offer by the Client. 

3. The Services: means the goods and/or services to be provided by SMART RENEWABLE HEAT LIMITED either directly or through others in accordance with the Quotation. 

4. The Client: means the person stated in the SMART RENEWABLE HEAT LIMITED Quotation. 

5. The Specification: means the specifications, performance details or description of any Services, as set out in the Quotation or as subsequently varied by way of agreement in writing between SMART RENEWABLE HEAT LIMITED and the Client. 

6. The Quotation: means the quotation attached to these Terms & Conditions, from SMART RENEWABLE HEAT LIMITED to the Client.

7. Every Quotation or any variation subsequent to the initial Quotation will be subject to these Terms & Conditions. These Terms and Conditions will prevail over any conditions of purchase of the Client unless otherwise accepted in writing by SMART RENEWABLE HEAT LIMITED. No variation shall be valid unless committed to writing and signed by both parties.

 

2. PERIOD OF ACCEPTANCE

1. The Quotation is open for acceptance by the Client within 30 days from the date of the Quotation. Acceptance of the Quotation by the Client by signing the Order Form constitutes an acceptance of the offer in the Quotation and these Terms and Conditions of Contract.

 

3. PERSONNEL PERFORMING THE SERVICES

1. The Services shall be carried out by suitably qualified personnel.

 

4. SERVICES

1. The Quotation is based upon information supplied by the Client to SMART RENEWABLE HEAT LIMITED. If information is found to be inadequate SMART RENEWABLE HEAT LIMITED will not accept liability and the Client will reimburse SMART RENEWABLE HEAT LIMITED for any extra costs as necessary.

2. The obtaining of any necessary licences, permits, consents, or approvals necessary to enable SMART RENEWABLE HEAT LIMITED to provide the Services to the Client will be the responsibility of the Client. Nothing in these Terms and Conditions will absolve SMART RENEWABLE HEAT LIMITED of its duties and responsibilities under the law regarding health and safety. 

3. SMART RENEWABLE HEAT LIMITED reserves the right to change specifications and equipment with models of a similar performance.

 

5. PRICE

1. The Quotation is based upon taxes payable at the date of the Quotation. If changes occur to the tax payable after the date of the Quotation, then the price shall be adjusted accordingly.

2.If SMART RENEWABLE HEAT LIMITED is delayed, or has work disrupted by the Client or others, then the additional costs of such delay or disruption will be added to the price for the provision of Services.

3. All requests for changes or additional work must be agreed in writing by both parties. If no instruction is received from The Client within 7 days, the works will be carried out in accordance with the original Contract.

4. The Quotation price is fixed for a period of 6 months from date of order. Where goods and services are provided after this period, SMART RENEWABLE HEAT LIMITED will confirm in writing any applicable price increases to be applied to the Contract.

 

6. PAYMENT TERMS

1. Unless otherwise agreed in writing, our standard payments terms are:

  • 25% of total contract value payable on the accepted quotation and prior to completion of technical site survey 

2. The balance of payments for each section of the project, heat pump, heating distribution, drilling, MVHR will be as follows:

  • 35% Payable on confirming your installation date in our scheduled and ordering equipment to meet this date. Please allow 4 – 6 weeks from receipt of payment and our equipment and materials delivered to site.
  • 30% Payable on the day we arrive onsite to complete the installation.
  • 10% Payable on the day we complete our scheduled engineering works
  • Full balance of drilling works payable on completion.

 

7. PAYMENT

1. Payments shall be made by the Client to SMART RENEWABLE HEAT LIMITED in accordance with the stage payments set out in the Quotation. An invoice for the first stage payment will be raised when the Client’s signed Order Form is received. 

2. The Client shall pay SMART RENEWABLE HEAT LIMITED further invoiced sums within seven days of receipt of an invoice. Interest will be payable at the rate of eight per cent per annum above Barclays Bank base rate on all overdue payments. 

3. Should you wish to cancel the Contract within the 7 working day cooling off period, the cancellation form provided with the quotation must be returned to SMART RENEWABLE HEAT LIMITED.

4. Should you wish to cancel the Contract after the 7 working day cooling off period; the Company reserve the right to charge for any reasonable costs incurred up to that point. 

5. For consumer purchases governed by the RECC code, a 14-day cooling off period shall apply.

 

8. RISK AND OWNERSHIP

1. Risk in any goods delivered as part of the Services shall pass to the Client on the date of delivery of such goods to the site or other agreed delivery point.

2. Notwithstanding delivery and passing of risk in the goods, where client monies have been used to make specific purchases on their behalf, then legal title to those goods or the proportion of them that have been paid for, will pass to the client. 

3. Until title passes, the Client shall hold any goods supplied under this Contract for SMART RENEWABLE HEAT LIMITED and shall mark them so that they can always be identified as being in the ownership of SMART RENEWABLE HEAT LIMITED. 

4. Where title has passed to the Client, SMART RENEWABLE HEAT LIMITED shall hold any goods supplied under this contract for the Client and shall mark them so that they can always be identified as being in the ownership of the Client.

 

9. WARRANTY

1. Full equipment and material warranty information is provided by the manufacturer.  SMART RENEWABLE HEAT LIMITED will organise the replacement of faulty equipment or materials under the terms of the warranty. The Client should advise SMART RENEWABLE HEAT LIMITED in writing of any breach of this warranty within fourteen days of discovering such breach and confirm that it wishes to make a warranty claim for rectification of the defect.

2. Manufacturer warranty is transferable from the customer of SMART RENEWABLE HEAT LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to or exercised by any third party. 

3. Unless stated otherwise in the Quotation, SMART RENEWABLE HEAT LIMITED warrants that the Services will be supplied in accordance with the Specification and will be free from defects in material and workmanship for a period of twenty-four months from the date of completion of the Services. The Client should advise SMART RENEWABLE HEAT LIMITED in writing of any breach of this warranty within fourteen days of discovering such breach and confirm that it wishes to make a warranty claim for rectification of the defect.

4. For the avoidance of doubt, where material warranty excludes labour and associated costs of replacement, SMART RENEWABLE HEAT LIMITED shall not be liable for any labour and associated costs.

5. The Services warranty is transferable from the customer of SMART RENEWABLE HEAT LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to or exercised by any third party. 

6. In the event of a valid warranty claim by the Client, SMART RENEWABLE HEAT LIMITED shall be entitled (at SMART RENEWABLE HEAT LIMITED’s discretion) either to repair or replace the defective part of the Services free of charge and SMART RENEWABLE HEAT LIMITED shall have no further liability to the Client in respect of consequential loss.

 

10. INDEMNITY AND INSURANCE

1. SMART RENEWABLE HEAT LIMITED will maintain an appropriate level of insurance to meet its legal liability for injury to its own personnel, injury to third parties or damage caused to the property of others during work under the Services to be provided.

 

11. LIABILITY OF SMART RENEWABLE HEAT LIMITED

1. SMART RENEWABLE HEAT LIMITED shall not be liable for any indirect or consequential losses arising from the provision of the Services, including without limitation any delays, loss of use or loss of profits.

2. SMART RENEWABLE HEAT LIMITED shall not be liable for any requirements of third-party grant funding schemes and their associated terms and conditions.

3. The liability of SMART RENEWABLE HEAT LIMITED shall be limited to the re- performance of the Services, in so far as it is possible, to the extent necessary to remedy any material performance deficiencies provided that the Client gives written notice of the deficiencies as provided in clause 8.1 above.

4. SMART RENEWABLE HEAT LIMITED accepts no liability for any effect of direct or indirect works may have on foundations, services or structures, and the Client should arrange for his other Consultants to advise on the potential impact of such works and approve the position and construction of such works.

5. SMART RENEWABLE HEAT LIMITED shall be reliant upon information provided by the Client, it’s Architects, Engineers and other contractors and no liability is accepted by SMART RENEWABLE HEAT LIMITED for the adequacy or correctness of such information. If basic design information is not provided by the Client and SMART RENEWABLE HEAT LIMITED derives its own figures for the purposes of providing the Quotation, then the Client shall be responsible for approval of such figures prior to the production of the final Specification or any subsequent variation.

6. SMART RENEWABLE HEAT LIMITED will always install equipment as per manufacturer instruction and industry standards. However, SMART RENEWABLE HEAT LIMITED cannot accept liability for any difference in manufacturer laboratory tested performance versus actual site performance due to the uncontrolled nature of the site and usage of the equipment. 

7. SMART RENEWABLE HEAT LIMITED will use beat endeavours to meet agreed project time scales. In the case of major delay to the delivery of goods and services outside of the control of SMART RENEWABLE HEAT LIMITED, equivalent goods or services may be offered. In the case of major delay to the delivery of goods and services within the control of SMART RENEWABLE HEAT LIMITED, the Client may cancel the contract and be refunded in full.

8. If SMART RENEWABLE HEAT LIMITED are in serious breach of our obligations under these Terms and Conditions, then you have a right to cancel the contract and receive an appropriate refund, or request repair/replacement, or request compensation. You may seek these remedies if what we supply, or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or you decide you no longer want some or all of the components.

 

12. FACILITIES TO BE SUPPLIED ON SITE TO SMART RENEWABLE HEAT LIMITED

1. Where the performance of the Services includes installation or commissioning of equipment at a site, the following services shall be provided to SMART RENEWABLE HEAT LIMITED free of charge

a. Off-loading, dry storage and protection of equipment and materials.

b. Waste disposal facilities.

c. Movement of equipment and materials from storage to location of installation.

d. Protection of partially complete and complete installations.

e. Free and adequate water supply adjacent to the point of use.

f. Free and adequate temporary electrical power and lighting at point of use.

g. Washing and toilet facilities.

h. Electrical and plumbing connections and the work of other trades including necessary attendance during commissioning.

 

13. GENERAL

1. SMART RENEWABLE HEAT LIMITED shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.

2. This document shall be governed by English law.

TERMS & CONDITIONS OF CONTRACT FOR SERVICE & MAINTENANCE WORKS

1. SCOPE OF SERVICES

1. Repair and maintenance services for heat pump, associated water tanks and heating distribution systems as confirmed within the separate schedule.

2. Exclusions: Any materials supplied, and works completed, by third parties unless otherwise stated in writing.

 

2. DURATION

1. The Agreement (Contract) is for an initial 12-month period from a commencement date. It will then renew annually unless terminated. See Section 9 TERMINATION.

 

3. PAYMENT

1. Payment for SMART Annual Service & Maintenance Plans or Annual Services Only will be made by the client annually in advance.

2. All labour for maintenance services completed outside of the warranty period or outside of the scope of the warranty will be quoted. Payment may be requested by the client in advance of attendance, otherwise invoices will be raised on completion of work and are payable within 7 days.

3. Materials or equipment purchased outside of warranty period in response to a fault or repair will be invoiced and paid for prior to attendance by service engineer or commencement of the work.

4. Services, Duty Engineer response, Call-outs or Quotations for work will not be provided where customer payments are in arrears.

5. VAT will be charged at the prevailing rate at time of invoice.

 

4. MAINTENANCE SERVICES

1. All faults and technical support requests should be made by calling our Service Line 0114 2997911 or completing the form on the website https://smartrenewableheat.com/service-maintenance/ or emailing service@smartreheat.com

2. All calls will be responded to by a duty engineer over the telephone in the first instance.

3. Telephone and duty / site engineer shall operate weekdays between 9am and 4pm during opening hours, response is on a best endeavour basis.

4. One annual service will be completed during each 12-month period.

5. The first service will be carried out at the start of the contract.

6. Pre-existing maintenance issues identified at the first service will be resolved during the service routine where practical. Additional parts and labour costs incurred will be charged separately.

7. Pre-existing maintenance issues that cannot be resolved at the first service will be identified and an additional quotation for work to be completed where practical will be provided for customer acceptance. Once accepted, the required parts will be ordered, and an additional engineer visit scheduled.

8. For all systems originally installed by third parties, Smart Renewable Heat will not be liable to resolve fundamental design and installation issues where it is not practical to do so.

9. All maintenance services will be completed during normal weekday working hours excluding public holidays on a best endeavour basis.

10. All maintenance services completed outside of the warranty period or outside of the scope of the warranty will be charged at the contracted hourly engineering rate.

11. All parts supplied outside of the warranty period or outside of the scope of the warranty will be chargeable.

12. The call out fee includes the first hour on-site engineering. All additional travel and engineering will be charged at the contract rate.

 

5. STANDARD OF SERVICES

1. All maintenance services will be delivered by competent engineers with the relevant experience, manufacturer and industry technical accreditation.

 

6. REPORTS

1. A Service Report will be completed by the engineer that details the work completed, time taken and charges if applicable. The Client will sign the form to accept the work has been completed. A copy will be emailed to the client within 7 workings days of the Service or Work being completed.

 

7. SPARE PARTS

1. Smart Renewable Heat will hold a supply of general spares but may be required to obtain additional parts from the manufacturer before a repair can be completed. Please note that some parts are machine specific and can only be ordered from the manufacturer and be subject to a lead time – we cannot be held liable for their stock levels.

 

8. LIABILITY

1. Smart Renewable Heat Limited shall not be liable for any indirect or consequential losses arising from the provision of the Services, including without limitation any delays, loss of use or loss of profits.

 

9. TERMINATION

1. The Client has the right to terminate at any time after the initial 12-month period, providing 3 months written notice. 

2. Smart Renewable Heat Limited has the right to terminate if the Client commits a breach of contract such as, but not limited to, changing/altering controls in the engineer menu or invoice arrears.

3. Smart Renewable Heat Limited has the right to terminate if the Client is overdue in making payment, providing 1 month written notice.

4. Each party can terminate in the event of the others insolvency.

 

10. ASSIGNMENT AND SUBLETTING

1. The contract is not assignable.

 

11. GENERAL

1. SMART RENEWABLE HEAT LIMITED shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.

2. This document shall be governed by English law.

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