Terms & Conditions

General

1. These terms relate to the business carried out by East Green Energy Limited (“the Company”) of Unit 2C Riverside Business Centre, Dock Lane, Melton IP12 1RA The company registration number is 6294884.

2. Any dispute shall be settled under English law and in English courts

3. Terms shall not be varied other than in writing by a Director of the Company. If you require any changes, please make sure you ask for them to be put to you in writing.

4. The term “heating systems” used within this document refers to one or any combination of the following technologies: biomass boiler, ground source heat pump (GSHP), air source heat pump (ASHP).

5. Your statutory rights are not affected by these terms and conditions.

Price and Payment Terms

6. 25% of the total contract value will be taken as a deposit upon placing an order. For on-going projects stage payments will be billed throughout the project and the deposit will be released against invoices as a percentage in line with completion of the contract. Final invoices will be issued upon commissioning of the installation. Invoices are payable by return and can be settled by cash, cheque or banker’s draft, online bacs payment, debit, or credit card. A surcharge of 2.5% will be added to all credit card transactions.

7. Where the work is for supply only the balancing payment will be due prior to the goods being delivered or collected.

8. If the payment terms in point 6 are not met, the Company reserves the right to charge 8% per annum above the current Bank of England base rate as allowed by the Late Payment of Debts (Interest) Act 1998, and/or cancel the contract and/or suspend deliveries and services to you.

9. Any overdue account may be passed to a debt collection agency to recover the outstanding amount.

10. You shall not be entitled to withhold any outstanding sum due to any alleged minor defect.

11. Estimated prices are valid for a period of 30 days from the date of the quotation for Solar PV and 3 months for heating systems. Prices do not include extras of any description unless specifically stated in the quotation.

12. The price quoted by the Company for our product range is based on current production/shipment/delivery costs (as applicable) at the date of the Contract. If, between the date of the Contract and the date upon which our product is ready for delivery, any unforeseen increases to any of these costs are incurred, these costs shall be passed on to the customer unless otherwise stated by way of a fixed quotation. All prices are subject to the addition of VAT when appropriate.

13. We shall be entitled to increase the price quoted to recover any additional costs incurred by us as a result of any changes in specification of goods and/or services which you require, or as a result of any delay caused by any instruction by you or failure by you to give us sufficient information and instruction.

14. Fixed prices cannot be given for work involving major refurbishment or restoration. The Company can only undertake work of this kind on the clear understanding that we are paid on a time and materials basis according to the work involved in the proper completion of the job. Title and Risk

15. All goods supplied and delivered shall remain the property of the Company until full and final payment has been received.

16. In the event that the product supplied is resold before all sums are paid, the Company shall be entitled to the proceeds of such resale or to claim for such proceeds.

17. The customer grants the Company the right to re-enter his/her premises for the purpose of removing the product should full payment not be made upon satisfactory completion. This permission cannot be revoked by the customer.

18. On supply only orders our responsibility ceases when goods are delivered to site or upon loading into the customers or carrier’s vehicle. Goods will be considered to have been inspected when delivery / collection takes place. No claim for damages or deficiencies will be entertained unless clearly indicated at the time of delivery / collection and we are notified in writing within 4 working days.

Cancellation

19. The order can be cancelled in writing by the purchaser with a full refund within 14 working days of placing the order. No cancellation or refund after 14 days is permitted except where expressly agreed by the Company in writing or work is not of a satisfactory nature.

20. The customer will in the event of agreed cancellation indemnify the Company fully against all expenses incurred up to the time of such cancellation.

21. We reserve the right to cancel the contract if we receive unsatisfactory credit references or if we are subject to abusive behaviour. In such circumstances we will refund without interest any monies paid by you, less any reasonable amount for goods and services already provided.

Delivery and Installation

22. The Company shall give you reasonable notice of delivery / installation dates; however, these are only approximate dates and the Company shall not be liable for any delay in delivery / services arising from circumstances out of its control.

23. The Company reserves the right to change the agreed delivery date in the event of unforeseen circumstances as agreed by either party.

24. The Company reserves the right to make changes to the dimensions and characteristics of their products for the sake of improvement, subject to the customer’s agreement.

25. The company only uses qualified and certified installers. The Company will not be held responsible for any damage to persons or property that results during the installation or subsequent use of the Company products and related systems components if installed by others.

26. The Company shall take all reasonable care so as not to cause undue disturbance to the Customer’s property or that of any third party on which the works are taking place. The Company shall not, except in the case of negligence of the Company’s employees, be responsible for any consequential damage however caused to persons or property incurred during or arising out of the performance of Contract work not directly assigned by the Company. The Customer shall be responsible for any cost of materials, apparatus or equipment damaged, lost, or stolen on site by the Customer or its employees, howsoever incurred.

27. For some installations, (for example heating systems) the Company may require you to take up all or some of your carpets and floor coverings, including tongue and groove,parquet hardwood, rubber or tiled floors before we start work and we will give you as much notice as possible if we need you to do so. It will be your responsibility to replace the floor when the Installation is completed.

28. The Company will use all reasonable efforts to erect any required scaffold needed to carry out the Installation at your Property, but we are unable to guarantee any timescales due to delays which are beyond our control.

29. Whilst the Company will use all reasonable endeavors to ensure that products are delivered on time we may need to rearrange the date of the installation due to a delay in product deliveries caused by excess demand in the marketplace or delay in the shipping of products, or a withdrawal of certain products from the market by the manufacturer.

30. In the event that an issue is discovered that may affect the health and safety of any persons at the Property, including but not limited to safety issues relating to adverse weather conditions, scaffold, your electrical wiring, your plumbing or your power supply, we may need to delay your Installation whilst the issues are resolved.

31. The company does not guarantee that installations will be completed within a definite time frame. No compensation will be paid in respect of delays unless expressly written into the contract.

32. The Company reserves the right to charge for delays to include but not limited to the discovery of; underground / in wall obstructions, services, pipework, or unforeseen soil conditions, archaeological remains.

33. Following completion of the installation we will ask you to sign the commissioning form to confirm that the installation has been completed to your satisfaction and that you have been told how the equipment operates and should be maintained.

34. In order to help the Company maintain its standards of work we monitor a selection of all installations that we undertake. Where your Property is selected for monitoring, you agree to give our technical monitor access to your Property on a date we agree with you (on at least 48 hours’ notice) so that the monitoring can take place.

35. Please note that we may take photographs of your property during the installation where we need to keep a visual record of the work that is carried out by us.

36. We will use reasonable care and skill when we carry out the Installation and we will use reasonable efforts not to damage your Property.

37. In the event that any damage is caused by us to your Property as a result of our undertaking the Installation:

(a) you must use reasonable efforts to give written notice of the damage within 30 days of the completion of the Installation (or if any damage is hidden from view, within 30 days of the time when you become aware of it);

(b) you must give us a reasonable opportunity to repair any damage caused to your Property;

(c) We will endeavor to repair any damage within 14 days.

38. In the event that you are notified of a risk of damage to your Property and you request that works continue regardless of such risk, we cannot be held liable for any resulting damage.

39. We will use reasonable efforts to minimise the amount of dust and other debris that is caused during the Installation. We will try to advise you about the areas which are likely to be affected and you are responsible for ensuring that any possessions are suitably protected or moved from the areas where the dust or debris is likely to spread.

40. You accept that the Installation may cause damage to finishing’s both internally and externally and that certain areas may need redecoration following completion of the Installation. Redecoration will be your responsibility and it is not included within the Quotation.Defective Products and Returns

41. In the unlikely event that the product supplied fails to operate as it should, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, the Company will arrange for an engineer to attend your property to determine the problem on a date agreed between us. If the engineer determines that the system or part of the system is faulty, we will arrange for the system or part to be repaired or replaced, on a date agreed between us, in accordance with the manufacturer’s warranty.

42. If when we come to carry out the Installation, it is found that the products supplied are

faulty we may need to delay the Installation whilst we source a replacement part or product.

43. Any tampering or alteration of the system by you or any unauthorised or unqualified persons may invalidate the warranty and may lead to costs being incurred by you.

Customer duty

44. As the customer you agree to:

(a) co-operate with us when we are carrying out the installation.

(b) where goods are to be supplied or installed give us (and anyone representing us) access to your property on the date(s) we have agreed for the Installation, between the hours of 8am and 5pm Monday to Friday, or such other hours as may be agreed between us.

(c) You agree to allow us to use the property to undertake the work specified in the contract and to store materials and equipment whilst work is being carried out, and make use of water and electricity supplies as needed to complete the work.

(d) give us any information about you and your Property that we ask for as soon as possible.

(e) ensure that any information you give us is accurate and complete.

(f) make sure that you prepare your Property (at your own cost) to enable us to have safe access for the purpose of carrying out the installation. You also agree to follow any instructions we give you in respect of your property to make sure we can carry out the Installation.

(g) obtain any consent that is required from any landlord of your property and, if you own the property with anyone else, to ensure that all your co-owners have consented to the installation.

(h) make sure you have protected your belongings and that you have moved any valuable or breakable items out of the areas we need access to and into a safe place.

(i) prior to the commencement of the installation:

I. obtain any planning permissions or listed building consent required by your local authority for the proposed Installation. The company cannot be held responsible for any issues or matters arising from UK planning or building regulations and we advise you to check that your installation is covered by your household insurance.

II. ensure that there are no restrictions in relation to your Property being in a conservation area or in an area of outstanding natural beauty that may affect the Installation.

III. mark and highlight any services buried below ground before any excavation commences

IV. ensure that you have notified us of any structural issues or notable defectswithin your property which could be affected by the Installation.

(j) notify the relevant authorities of any archaeological remains discovered

(k) comply with the terms of all manufacturer’s warranties; and

(l) where applicable, ensure that the electrical supply to your Property is capable of operating a System.

Guarantees and warranties

45. You will, upon completion of the Installation, be provided with guarantees from:

(a) In the case of Solar PV and Heating systems, the company’s warranty to cover the workmanship of the installation for a period of 2 years from completion of the Installation. This is backed by RECC for domestic installations.

(b) the manufacturer of the system, or any product within the system, warranty to cover manufacturing faults and defects with the product, subject to the technology being up to date with any annual service and maintenance requirements.

(c) It is the customer responsibility to activate any warranties provided for products we have installed.

46. Provided that you notify us that the System is defective within 12 months following the date of Installation, we will, at our cost, arrange the removal and replacement of the defective product specified. Please note that after the 12-month period you may be required to pay for any labour and carriage charges associated with the removal and replacement of any faulty component which is covered by parts only guarantee.

47. If, during the site visit or following the replacement of the product, it is discovered that there was no fault with the product or that there was a fault but that it was due to an act or omission of you, or one of your representatives, then you will be required to reimburse us for any costs incurred in respect of the removal and replacement of the product, including any shipping costs.

Incentives and Subsidies

48. The Company is not responsible for applying for, or the loss of, Renewable Heat Incentive (RHI), Smart Export Guarantee (SEG) or any other subsidies or government backed initiatives that may be available from the technologies we supply and install.

49. On occasion the company may agree to complete and submit application forms for the incentives and subsidies, referred to in point 48 above, on the customers behalf. In this instance the company shall not be held responsible for any errors or omissions on such application forms. It remains the duty of the customer to ensure all forms are properly checked and completed correctly.

50. In the event that the technology should fail during its warranty period the Company shall not be held responsible for the loss of any subsidies resulting from this.

51. The Company’s warranties exclude all incentive payments.

Biomass Boiler servicing

52. Biomass boilers require servicing at least once a year to preserve the boiler warranty and ensure they run efficiently.

53. If a boiler is not maintained according to manufacturer’s instructions, when servicing your

boiler there could be a further labour charge if additional cleaning is required or parts needreplacing. Equally, if a breakdown is caused by lack of sufficient cleaning, there will be a call-out charge.

54. Approved pellet suppliers and delivery methods must be used in order for East Green Energy to continue to maintain your boiler. The responsibility lies with the customer to ensure that if pellets are blown into bulk stores, the supplier uses active dust extraction.