Terms and Conditions v1.0
Please read this document carefully as it will tell you everything you need to know about how we deal with each other when we carry out installation work in your home. If you have any questions, please let us know before you accept the installation booking.
- Any price, together with these terms and conditions, sets out the entire agreement between you and QERB Energy Ltd. Nobody else will be able to benefit from this agreement. The laws of England and Wales govern this agreement.
- Any quotations given are valid for 30 days from the date of issue. To confirm your order, you will need to sign the agreement and pay any contribution required in full or as per the payment schedule. You agree not permit to another company carry out the same work with 30 days of the signed date.
- For renewable energy sales any deposit or advance payment you have made to us or will make to us according to the time scales set out in the quotation will be placed in a “client bank account”. These deposits and advanced payments for renewable installations can only be used to carry out work under this contract. Should we cease trading because of receivership, administration or bankruptcy the monies in that bank account will be returned to you or allocated to another MCS Approved Contractor to complete the work. We are required under the RECC to also protect these deposits, advanced payments and our Workmanship Warranty with an insurance policy. This clause does not apply to installations under the Energy Company Obligation (ECO) scheme which require a contribution.
- Unless a specific manufacturer of product is purchased and specified on the agreement as an extra, the goods supplied may change from the original work quoted. If a product is substituted the replacement will be of similar or superior quality and value.
- All contribution and prices include VAT at the current rate unless specified otherwise.
- The price we quote does not include the cost of removing any dangerous waste materials, such as asbestos. You can call a specialist contractor to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a ‘site clearance for reoccupation’ certificate, which you can get from the asbestos removal company, before we can continue to work at your property.
- The price we quote includes removing all non-dangerous materials, including your old boiler or storage heaters and all central heating parts we replace, except for redundant tanks located in the loft or other equipment not practically accessible.
- Any time frame estimates we give you are based on availabilities and scheduling. We will endeavour to do what we can to keep to given scheduled dates. Where the dates may change or a likely delay occurs, we will inform the relevant persons as soon as possible and agree new scheduled dates. The time it takes us to complete the work has no effect on the price you were quoted.
- We may need you to lift carpets or take up all or some other floor coverings, including tongue-and-grooved floor coverings and parquet hardwood, rubber or tiled floors, so we can complete the work. We will give you as much notice as possible if we need you to do this. You can call a specialist contractor to do this work or we may be able to do it for you at an extra cost. If we do any of this work for you, we will only be responsible for any unnecessary damage caused directly by our negligence and it will be your responsibility to put the flooring back once the work is completed.
- We will take care to carry out the work without causing damage to your property. Sometimes the work means we must create access, this can cause damage to things like cupboards, skirting boards, tiles, wall & floor coverings. You may need to redecorate, repair or restore certain areas once the work is completed – this is not included in our price and you will be responsible for this.
- If you are a tenant, you will need your landlord’s permission before you can allow us to start the work, and we may need you to give us evidence that you have got this permission. If we carry out work at the landlord’s property and you have not got permission or have given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get your landlord’s permission.
- If your property is a listed building, in a conservation area, classed as an area of outstanding natural beauty or subject to any other restrictions, it is your responsibility to make sure that you get any permission you need before we start the work. If you do not get the permission required, you may be prosecuted in the criminal courts. We will not be able to start any work if you have not got the appropriate planning permission, this is your responsibility. If we carry out work at your property and you have failed to inform us or given us false or inaccurate information, you will compensate us for any losses we suffer because of your failure to get the permission you needed, which may include court fines and penalties.
- For boiler replacement, upgrades or first-time central heating you will need to have an adequate Gas, LPG, Oil and/or electricity supply to your property before we can start the work. We can put you in touch with a gas or electricity distribution company to arrange this if you need us to.
- Where we have connected new equipment to your existing system, we cannot accept responsibility for the cost of repairing or replacing parts on your existing system or related damage caused. This may include, but is not limited to, any existing pipework, fittings and radiators. For example, replacing a boiler or upgrading to a different system can create higher water pressure, which can result in an old heating system leaking or breaking down.
- Boilers only – As water supply rates can change, we cannot be responsible for your central-heating system failing to work properly because your water supply becomes inadequate or keeps changing.
- Installations carried out under the Microgeneration Certification Scheme (MCS) will be fitted in accordance to the required standard. We will ensure we meet all out obligations under the RECC Consumer Code.
- We cannot be responsible if we cannot meet our responsibilities because of things beyond our control including, for example, poor or adverse weather conditions, industrial disputes and strikes (that we are not directly involved in) and acts of God.
- To carry out the work as quickly as possible, we may use one of our approved sub-contractors. All installers that we use are fully qualified, registered and carry identity cards. In the event of the use of a sub-contractor all liability and responsibility relating to the installation will be born by the sub-contractor.
- We can cancel this agreement at any time by giving you written notice.
- If you apply for ECO funding through multiple different companies external to QERB Energy Ltd, we reserve the right to charge for any work completed which we are then unable to claim through the scheme funding due to an alternative company completing the installation on your behalf.
- If you book a survey or install appointment, which does not proceed without good reason, or you fail to cancel or reschedule the appointment within 72 hours of the agreed date, we reserve the right to charge for reasonable costs incurred.
- If we fail to complete a survey or installation appointment, we cannot be held responsible for costs incurred by you e.g. time taken off work.
- Any payments due for work under quotation will be clearly indicated. If you fail to make any agreed payment by the date due, we may cease work until the account it brought up to date. If any payment or invoice sent to you is late being paid, we will charge £25 late fee plus 3% interest above the Bank of England base rate. It is not permissible under this contract to withhold any amount after a payment has fallen due. If you are in breach of this contract because of failure to comply with the payment schedule you may have to compensate us for any additional costs incurred by us. If necessary, we will take legal proceedings to recover goods or/and outstanding amounts due to us.
- For Cavity Wall Insulation and ground source heat pump installations, QERB Energy Ltd will act as an intermediary and introduce you to an approved third-party installation company who will design and install the project. These parties will provide their own terms and conditions. QERB Energy Ltd will not be held responsible for any aspects of the installation.
- If you make a false declaration or fail to provide information relating to a funding application, which results in funding being rejected or reduced by either the funding provider or OFGEM. You will be liable for all costs occurred as a result of your application.
- If you fail to comply with requests to provide evidence to support an application, before or after installation, which then results in the funder or OFGEM rejecting or reducing your funding. You will be liable for all costs occurred as a result of your application.
- You may cancel this contract within 14 days by using either the Cancellation Form we have supplied overleaf, or by writing to us at QERB Energy Ltd, 28B Estover Close, Plymouth, PL6 7PL. This is called the 14-day cooling off period and starts the day you agreed for the work to go ahead. You may waive your right to a 14-day cooling off period, for example if you require the installation to commence quickly due to having no heating, by completing the 14 day waiver form.
- If you cancel this contract after the 14-day cooling off period, we may retain some or all your payment to cover reasonable costs. These could include administration and labours costs. We will endeavour to keep these costs to a minimum. If there is a significant delay in the installation after the fourteen-day period that was not caused by you, or was caused by events beyond our control, then you will have a right to cancel this contract and receive a full refund (within 14 days of the cancellation). If you have signed a credit agreement, which relates to this agreement, your credit agreement will automatically be cancelled if this agreement is terminated.
If you are unhappy with the service or installation provided please email us at firstname.lastname@example.org and we will endeavour to respond within 7 days. If the complaint is serious please contact our offices on 01752 546160. Where we cannot resolve a complaint using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/