Solidarity Solar

ACCEPTANCE, TERMS & CONDITIONS
Contract for installation services between
Solidarity Solar Ltd and the receiver of this contract

 

This contract complies with our obligations as members of both the Home Insulation & Energy
Systems Scheme (HIES) and the Microgeneration Certification Scheme (MCS).

 

1. ACCEPTANCE OF PROPOSAL

 

1.1 The Proposal is valid for a period of 30 days from the date indicated. If you wish to proceed,
you must sign the order acceptance form, then return one of these to our address and keep the other
for your records. No contract is in place until we send an acknowledgement of the order to you.

 

1.2 Please read these terms carefully before signing them. If you need any explanations, of any part,
please contact us in writing at [email protected] or Solidarity Solar, Unit 10, 71 Sisna Park Road, Plymouth, PL6 7AE or by telephone on 01752 936063

 

1.3 This agreement is governed by the law and the courts prevailing where your property is located.
Your Right to Cancel (See Section 9 below for more on your cancellation rights)

 

1.4 You have the right to cancel this contract during the ‘cancellation period’ without giving any
reason.
The cancellation period lasts 14 days and . You can also cancel the contract without penalty 
before any of the goods are delivered.

 

1.5 To cancel this contract you must inform us of your decision with a clear statement by letter sent
by post, which requires a proof of delivery to Solidarity Solar, Unit 10, 71 Sisna Park Road, Plymouth, PL6 7AE or email [email protected]. Any advanced payments you have made will be
returned to you, should you choose to cancel your order in the allotted time period. If you want to
cancel this contract after the Cancellation Period, for any reason, then you may have to pay costs
and we may retain part of your deposit and further advanced payments, if made, as a
contribution. See paragraph 9.1.1 for more on this.

 

2 OUR MAIN OBLIGATION TO YOU is to do the work with all reasonable skill and care 
according to the standards set by the Microgeneration Certification Scheme (MCS) and according to
the timetable set out in the Proposal. Under the MCS scheme, only certified companies can enter
into a contract with a customer for the sale and installation of a system. Our MCS Certification
number is NIC600227 and we are registered with NICEIC.

 

2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation,
and commissioning of the system described in the Proposal. The goods we supply will:
Be of satisfactory quality; Be fit for purpose; and,
Operate as we describe to you.
 
2.1.1 We will inform you of the name of any contractor engaged by us to undertake the installation
of your system, and we will take full responsibility for their work and their compliance with (HIES)
Consumer Code.

 

The Timetable
2.2 We agree to supply the goods and carry out the installation work as specified in the timetable
that we have agreed upon and is set out in the Proposal. Your acceptance of these terms indicates
that you agree to proceed using that timetable.

 

2.2.1 We will make every effort to complete the work by the time agreed upon. You must
appreciate, however, that sometimes delays may occur for reasons beyond our control. Such reasons
may include, for example, severe weather. We cannot be held responsible for those delays.

 

2.2.2 If such delays occur, we will tell you as soon as possible and we will adjust the timetable by
consensual agreement of both parties.

2.2.3 In the case of severe delays to the delivery of goods,
you may be offered different products of equivalent specification, value, and quality, so long as they
are MCS certified. You can either accept that offer, wait for the products you ordered, or choose to
cancel the contract as detailed in section 9.2 and 9.3 below. This is in line with the Consumer Code
and the Supply of Goods and Services Act 1982.
Consequence of delay
Consequence of delay caused by us

 

2.2.4 You will be entitled to compensation if we cause significant or unreasonable delay due to
factors within our control.

 

2.2.5 In the case of severe delays to the delivery of goods or installation for reasons that are within
our control, you can cancel the contract as detailed in section 9.2 and 9.3 of this Contract.
Consequences of delay caused by you

 

2.2.6 We will seek to accommodate small delays without recourse to compensation.

 

2.2.7 If any delay caused by you means that we incur extra costs then we will adjust the price
accordingly. The hourly and daily costs that result from any unexpected work are described in the
proposal.

 

3 OUR OTHER OBLIGATIONS

 

3.1 We will carry out the work and all communication with you according to the (HIES) Consumer
Code.

 

3.2 We will ensure that the installation complies with the relevant MCS installer standard which in
this case is MIS 3002.
 
3.3 We will advise on any additional measure that may be beneficial to the performance and
durability of the system in relation to the
protection from a) Flora b) Fauna
 
3.4 Where self-consumption is quoted with an electrical energy storage system (EESS) we shall
make it clear if we are not certified in accordance with MIS 3012

 

3.5 Once the installed system is commissioned, we will give to you any guarantees, test certificates,
and other relevant paperwork related to your goods and installation. We will aim to give you this
when the system is commissioned, but certainly no later than ten days after commissioning.

 

3.6 We will also give you all of the documentation required as detailed in the appropriate
Microgeneration Installation Standard. This will include the certificate showing that the installation
has been registered with the MCS Installation Database. We will give you this within 14 working
days of the commissioning date.

 

3.7 The guarantees we give you will cover the goods and installation and will comply with the
(HIES) Consumer Code. We will explain to you the terms of the guarantees both in writing and
verbally.

 

3.8 We will ensure that the guarantees will be honored should we fall into receivership,
administration, or bankruptcy during the term of the installer’s guarantee. Please see Section 8 of
this contract for details.

 

4 Your main obligation to us is to make the payments due to us under the terms of this agreement. 

 

The Deposit
4.1 You will pay us the deposit specified in the Proposal when you sign this agreement. The deposit
cannot be more than 25% of the total contract price set out in the Proposal. Should you decide to
cancel the contract within the ‘Cancellation Period’ (see section 1.3 of this Contract) we will return
that deposit to you in full.

 

4.1.1 If you pay the deposit before we have inspected your house, and if we find during that
inspection that the installation cannot proceed, then we will refund that deposit to you in full within
two weeks.

 

Advance payments
4.2 The Proposal we have given to you must explain when the invoices will be sent as well as the
amount due for each payment.
 
4.3 We may require you to pay a further advance payment no more
than 14 days before the agreed delivery or installation date, but only if this is explained to you in
your Proposal. This further advance payment will only be used for work under this contract for
example, for purchasing goods.
– if we do not deliver any goods to you before installation, then such a further advance payment,
taken together with the deposit, will under no circumstances be more than 60% of the total price in
the Proposal.
– we may use your further advance payment to purchase goods and deliver them to you. If we do
this, and only if title to those goods transfers to you, the sum used to purchase those specific goods
will no longer represent an advance payment.
4.4 If we fall into receivership, administration, or bankruptcy, your deposit and advance payment, if
any, will be protected as detailed in section 8 of this Contract.
 
Final Payment
4.5 We will issue you an invoice for the balance outstanding on the contract price. This will become
due only after the installation has been commissioned.

 

4.5.1 In the event of any alleged minor defect with the goods or installation, you shall not be
entitled to withhold more than a proportionate amount of the sum due. If you do withhold any
amount after the due date because of any alleged minor defect, then you must give us as much
notice as possible and state the reasons you are withholding the payment.

 

Consequences of late payment
4.6 If you fail to pay the amount specified in an invoice by the due date, we may charge interest
until the full amount is paid. The
interest rate we charge will be 3% above the base rate set by the Bank of England.
Late payment of advance or ‘interim’ payments

 

4.6.1 If we do not receive payment by the seventh day after payment is due, we may give you
written notice that we intend to stop work on the installation. Once we have sent you this written
notice, we may suspend all work until payment is made.

 

4.6.2 If you are in breach of this Contract because you have failed to make an agreed payment, and
we have suspended work on the installation, then we may be entitled to recover any additional costs
we incur. We will provide you with written notice containing full particulars of any claim for
compensation within 21 days of any suspension of work.

 

4.6.3 We may require you to return and deliver up the goods to us. If you fail to do this, we will take
legal proceedings to recover the goods or their outstanding value.

 

4.6.4 Final invoice payment must be received before Solidarity Solar begins work on the handover
pack. This will be received in the post within 14 working days.

 

5 YOUR OTHER OBLIGATIONS TO US
5.1 We will advise you on the approvals and permissions that you may need, but you must obtain all
relevant permissions (such as planning and building consents) that are necessary before we start
work on the installation. If we ask to see those permissions (and related drawings and/or
specifications) you must make those available. Where a mechanical installation is on a flat roof (Flat
roofs are defined as those with an angle less than 10° to the horizontal) where the waterproofing
membrane is penetrated, and the roof is under its original warranty, then the roof warranty provider
should be consulted to ensure that warranties are not invalidated.
Supply of services

 

5.2 You must provide the following for our use free of any charge:
 water, washing facilities, and toilets;
 electricity supply;
 adequate storage space;
 
 safe and easy access to your property from the public highway;
Easy access to the location within the property where the installation is to take place by removing
all belongings.
 
5.3 You, or a contractor you employ, may need to carry out preparatory work before the installation
described in the Proposal can start. If so, we will describe this to you in writing. This work must be
finished before the agreed date on which installation work is due to start. This work must be
undertaken by competent persons and must be of the necessary quality for the installation. If this
preparatory work is not finished before the agreed date on which the installation is due to start, then
the conditions described in clause 2.2.7 of this Contract will apply.
Additional charges  

 

5.4 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 of this Contract, you may incur
additional costs due to delay and/or provision of additional services. You may be required to pay
reasonable compensation to cover those extra costs. If this happens then section 7 (below) of this
Contract will apply.

 

5.5. It is the Consumers responsibility to notify the Company of asbestos that may be on site which
could affect the work that is carried out. An asbestos survey may be required and any subsequent
work required completed, before the commencement of work (this is the responsibility of the
Consumer). If asbestos in any form is suspected during the installation / works, work will be halted
immediately and not restarted until suitable and sufficient tests have been carried out, and if
asbestos is present, it will be removed by a licensed Contractor (this is the responsibility of the
Consumer)

 

6 CHANGE OF WORK  
6.1 If, after signing the contract, you want to change the work, you must consult with us first. We
may be able to incorporate your changes into the installation provided that:
 !it is technically possible;
 we have the necessary resources;
 the necessary permissions are in place. 6.2 If we agree to this change of work you must
 confirm your request in writing; and do so within 14 days of when you first tell us.

 

6.3 We will then record any necessary or requested variations to the contract, which must be agreed
and signed by you.

 

6.4 Every change that means extra or revised work (as opposed to changes that leave something
out) may mean extra costs. We will try to keep those costs to a minimum.

 

7 UNEXPECTED WORK
7.1 The Proposal given to you details the daily costs that would result from any unexpected work
due to site conditions or special circumstances beyond our control.

 

7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you
want us to continue, then section 6.3 of this Contract will apply.
 
8 DELIVERY, TITLE AND RISK, and WORKMANSHIP WARRANTY
8.1 We will deliver the goods to the location detailed in the Proposal.

 

8.2 In case we fall into receivership, administration, or bankruptcy before we deliver the goods to
you, we will insure the money you pay us in advance. Any deposits and/or advance payments you
make to us, up to 25% of the value of the contract or £5000 (whichever is the lower amount) will be
insured through (HIES). We will also ensure that our guarantees will be honoured should we fall
into receivership, administration, or bankruptcy during the term of the installer’s guarantee. 

When deposits amount to about the £5000 threshold only the maximum of £5000 will be taken 

eg. if the total job value is £30,000, a £5000 deposit can only be taken 

 

8.3 We will provide you with details of the insurance scheme we use and you will receive a policy
directly from the provider once you have signed the Contract.
The Client Account

 

8.4 We may place your deposit and advance payment, made before the goods have been delivered to
your property, in a special ‘client’ or other third party account or we may use the protected payment
scheme which the Code administrator has arranged. This money can only be used for work carried
out under this Contract.

 

8.4.1 If we should fall into receivership, administration, or bankruptcy then the money in that
dedicated bank account (or held within the protected payment scheme) will be returned to you or
passed to another supplier who will complete the work.

 

8.5 Where your money has been used to make specific purchases on your behalf, then legal title to
those goods, or the proportion of them you have paid for, will pass to you. We must either deliver
them to you or label them as belonging to you. When we store the goods, we must keep them
separate from our own goods and those of third parties. We must also keep the goods stored,
protected, insured, and identified as your property until they are delivered to you. You must be able
to inspect the goods and/or repossess them.

 

8.6 Goods belonging to us may be delivered to the site. If the contract is terminated early for
reasons detailed in section 9.3 of this Contract then, with reasonable notice, we will collect any
goods delivered to you. If this happens then we will reimburse you if any of your money was used
to purchase a proportion of the goods. If you do not allow us to collect the goods, we retain the right
to take legal proceedings to recover the goods or their value.

 

8.6.1 If the Contract is terminated early for reasons detailed under section 9.4 of this Contract then,
with reasonable notice, you must return and deliver the goods to us. If this happens, you may have
to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from
any deposit or further advance payment you have already made.

 

8.7 Until ownership of the goods passes to you, you must:
 store the goods separately in such a way that they remain readily identifiable as our property;
 not destroy, deface, or obscure any identifying mark or packaging on or relating to the goods; and,
 maintain the goods in a satisfactory condition.
 
9 CONTRACT CANCELLATION
Your rights
9.1 Your rights to a cancellation period are detailed in sections 1.4 and 1.5 of this contract.

 

9.1.1 If you cancel this Contract after the period referred to in sections 1.4 of this Contract, then you
may have to pay compensation for costs or losses reasonably incurred. We will try to keep those
costs to a minimum. We have a right to retain all or part of your deposit and further advance
payment, if made, as a contribution.

 

9.1.2 If you want the work to start during the cancellation period referred to in section 1.4 then you
must request this in writing (e.g a letter or email), we have enclosed a form with this contract which
can be used for your convenience. If we start the work on the installation and you later decide to
cancel the contract within the cancellation period described in section 1.4, you may be responsible
for the costs of the goods and services already supplied and for making good on the property.

 

9.2 If there is a serious delay to the delivery of goods or installation for reasons that are outside your
control, or the system is majorly differs from the original system design then you will be entitled to
cancel the contract and receive a full refund. This is in line with the Consumer Code and the
[Supply of Goods and Services Act 1982].

 

9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you
have a right to:
 cancel the contract and receive an appropriate refund; or,
 request a repair or a replacement; or,
 ask for compensation.
You can seek those remedies if what we supply or install is faulty, incorrectly described, or not fi
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.
Our rights

 

9.4 If you are in serious breach of your obligations as set out in this Contract and you fail to remedy
that breach within 14 days of receiving written notice from us about that breach, then we have a
right to cancel the contract. We must give you reasonable opportunity to put right the alleged
breach.

 

9.5 If we suffer a loss as a result of your breach of contract, we will take reasonable steps to prevent
the loss from getting worse. If your breach of contract leads to a cancellation, then you may have to
pay compensation for reasonable costs or losses reasonably incurred.
10 COMPLAINTS
 
10.1 We aim to resolve complaints as quickly as possible and believe that, in most case, complaints
can be resolved informally. As such please contact us as soon as possible if you have a grievance.

 

10.1.1 If you contact us by telephone 01752 936063  or in person, be sure to make a note of the
person you have spoken to.

 

10.1.2 Make a note of any resolution offered immediately and whether your are satisfied with the
outcome.

 

10.1.3 If you are not happy with the resolution offered, then you may make a formal complaint.
Formal Complaint

 

10.2 Record your complaint in writing and send to Solidarity Solar, Unit 10, 71 Sisna Park Road, Plymouth, PL6 7AE

 

10.2.1 You will receive an acknowledgment within 3 workings days of Solidarity Solar t/a
Solidarity Solar LTD receiving your written formal complaint.

 

10.2.2 Please be sure to include your preferred telephone number and email address for follow up
by Solidarity Solar t/a Solidarity Solar LTD if required to ensure we have fully understood your
complaint.

 

10.3 Your complaint will be recorded in our complaints’ log and assigned for investigation.

 

10.4 You will receive a detailed response within 14 workings days of Solidarity Solar t/a Solidarity
Solar LTD receiving your written formal complaint, unless the investigation takes longer than this
for example is a site visit is required. In which case you will receive a progress reports and an
expected date as to when you will receive a full and final reply. This will be no longer than 14 days
later.

 

11 ALTERNATIVE DISPUTE RESOLUTION

 

11.1 In the event of an unresolvable issue, you can refer your case to our nominated alternative
dispute resolution provider through (HIES), QA Scheme Support Services LTD and the Dispute
Resolution Ombudsman. Full contact information for (HIES) can be found at
www.hiesscheme.org.uk where we also recommend that you read the (HIES) Code of Practice.

 

11.2 We agree that in the event of a dispute, we will exclusively attempt to resolve the dispute
through the (HIES) alternative dispute resolution services.

 

11.3 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 can be
contacted through www.disputeresolutionombudsman.org
Our Warranty
The Warranty sets out the terms upon which Solidarity Solar t/a Solidarity Solar LTD offers
warranty cover for the Products supplied by it to its Customers, and for the installation services
provided by us and our installers.
 
Terms defined in which Solidarity Solar t/a Solidarity Solar LTD ‘s Terms and Conditions bear the
same meaning when used in this warranty. Your attention is drawn to the Terms and Conditions
attached, which includes provisions relevant to the warranty set out below.
1. Installation services
1.1. We will warrant to you that the Installation Services will be performed by
the appropriately qualified and trained installers using reasonable care and
skill, to such high standard of quality as it is reasonable for you to expect.
1.2. The Warranty Period for the Installation Services shall be 5 years from
completion of the Installation Services
2. Remedial Action
2.1. If you make a valid claim about our service in accordance with the Terms and Conditions,
Solidarity Solar t/a Solidarity Solar LTD may arrange for the relevant Products to be reinstalled by
any of our Registered or approved Installers or refund to the Customer the charge for the relevant
part of the Installation Service (or a proportionate part of such charge).
3. Exceptions
5.1
Any dispute as to whether a defect is covered by this warranty shall be immediately referred at the
request of either party to the complaints service as detailed in the Terms and Conditions.
3.1.
This Warranty will only apply:
3.1.1. If the Product has been installed by Solidarity Solar t/a Solidarity Solar LTD Registered
Installer and has been properly used and maintained throughout the Warranty Period.
3.1.2. If you have informed Solidarity Solar t/a Solidarity Solar LTD of the alleged defect within the
Warranty Period and within a reasonable period of discovery.
3.1.3. No work has been carried out by any other party other than Solidarity Solar t/a Solidarity
Solar LTD.
4. General conditions
4.1 You will promptly provide all information and support including access to site and services)
reasonably necessary to enable us to evaluate any alleged defect and to perform its obligations
under this Warranty.
4.1. You agree that all premises, plant, power, fuel support services and other inputs that you
provide for the installation and use of the Products are reasonable, are fit for purpose and will be
properly used and provided.
 
5. Expertise
5.1 Any dispute as to whether a defect is covered by this warranty shall be immediately referred at
the request of either party to the complaints service as detailed in the Terms and Conditions.

 

6.Third Party Rights

 

6.1. When Solidarity Solar t/a Solidarity Solar LTD has installed a system in a property that is sold
within the Warranty Period the warranty will pass to the new legal owner of the property. It may not
be transferred to or exercised by any third party.

 

7.Law

 

7.1. This warranty is governed by English law and the English courts or by the law and the courts
governing where your property is if this is outside England or Wales.

 

8.Manufacturer’s Product Warranty

 

8.1. Most Products supplied by us come with the benefit of a manufacturer’s product guarantee.
Where a claim in respect of any of the Products is notified to Solidarity Solar t/a Solidarity Solar
LTD by you in accordance with the Terms and Conditions, Solidarity Solar t/a Solidarity Solar LTD
will liaise with the manufacturer and use all reasonable endeavours to secure a replacement of the
Product or the part in question) or a refund of the price of the Product (or a proportionate part of the
price). This warranty does not replace or limit your legal rights to bring a claim to Solidarity Solar t/
a Solidarity Solar LTD as the retailer of the goods supplied.