I/we, the undersigned as a person(s) in position of responsibility confirm to Oakwood Energy Systems that I/we have obtained the necessary permissions from all relevant parties including but not exclusively planning consent from building control for the installation detailed under the contract number to proceed unchallenged and agree to indemnify Oakwood Energy Systems from any claims or counter claims arising directly or indirectly by any party relating to but not exclusively to those works as detailed in the contract above.
I/we have received a copy of terms and conditions which I/we agree to abide by and wish to proceed with the installation as detailed. I/we will forward a deposit of 25% with balance due within 28 days of commissioning. Ltd liability companies/partnerships, please see further terms.
I/we are aware that any deposit money sent within the cooling off period will be subject to the commencement of an insurance policy as required under RECC code for which the non-refundable fee of £88 is charged.
I/we understand that if I/we ask Oakwood Energy Systems to provide goods or services or make arrangements or provisions within the cooling off period I/we will be liable for any expenses incurred by us in providing these goods or services and responsible for returning any goods to Oakwood Energy Systems and by doing so, expressly revoke our rights to cancellation under the prevailing Consumer Code as amended from time to time.
Client to complete:
Contract/estimate number: 1…………………………………………………
I am acting as – (please tick one box): Client □ Contractor □
I am a Private Individual □ Ltd Co* □ Other □
The installation will be considered a new build – □
I am registered with the Construction Industry Scheme □
Site address:…………………………………………………………………
Signed: …………………………………. & ……………………….…………………….
Print: ……………………………………. & ……………………………………………..
Date: …………………………………….
Address:……………………………………………………………………………………
Please make cheques payable to: Oakwood
BACS payments: Sort: 09 01 27 Acc: 25185201
Terms & Conditions
Definitions
‘we/us’ means Oakwood, Oakwood Energy Systems abbreviation OE Systems.
‘you’ means the person seeking to purchase goods and services from Oakwood Energy Systems
‘your’ means belonging to you
‘third party’ means any other person, parties, organisation, group, individuals, notional collection of individuals or parties who share a connection whether notional, actual or intellectually with you.
‘Oakwood Energy Systems’ means Simon Bache and appointed representatives
‘cooling off period’ means a period of 7 calendar days in which you have the opportunity to change your mind and not enter into a contract with Oakwood Energy Systems and to walk away without penalty, not withstanding any charges, levies or fees outstanding or pending due to previous or continuing work separate or forming part of the preparation for the contract you are about to enter into.
Estimates
All estimates are valid for 28 days from the date of issue, unless otherwise specified not withstanding amendments to costs by third party suppliers see “pricing”. Only the initial estimate is compiled free of any charges. Subsequent amendments, additional information or design consultation may become chargeable under prevailing hourly rates, currently £35 per hour or part thereof.
Deposits
A deposit of 25% will be required in advance. This should be made payable to Oakwood. The deposit will be based upon prevailing prices at time of receipt. If prices rise by more than 4% overall, you will be notified in writing and may terminate any agreement subject to the terms of the ‘cooling off period’. In times of peak demand where under normal circumstances work cannot commence within a 6 week period of a deposit being paid, a smaller holding fee may be charged to secure an agreed commencement date. The deposit is not refundable after the initial cooling off period of 7 days has passed and is not taken to be payment towards any goods but will be considered against payment of the final invoice.
Pricing
Prices are based on costs and labour rates prevailing at the time when the estimate is issued. We shall be entitled to adjust the price of materials/services/labour rates at the time work is carried as may be necessary to cover any increase sustained by us after the date of acceptance of your order, including any direct or indirect costs of making obtaining handling or supplying materials or services. Should unforeseen work arise you will be notified and the additional cost added to any final invoice and payment required. Where any single item of additional work exceeds £500, you will be notified in writing. Should you wish to make amendments to work already estimated, all costs will be added to any final invoice at prevailing rates as detailed separately.
VAT
VAT will be charged at prevailing rates unless you provide a valid certificate acceptable to HMRC that states a differing rate is applicable.
CIS
You must state whether you are a member of the CIS and intend to make deductions at source prior to signing any contract or commencement of any work, whichever comes first. Special arrangements will need to be put in place prior to commencement. Failure to notify us by you will result in you indemnifying us against any charges or penalties so arising and you will need to provide us with full certification for presentation to HMRC for any claims arising.
Consultation and Design
Separately or in addition to any installation we charge for design and consultation. Design and consultation may include but not exclusively time spent making assessments of structures on site or from drawings, undertaking calculations and measurements, sourcing and researching components, products, techniques, regulations, attending meetings, providing reports, carrying out phone calls, e-mails or writing letters, representations, providing technical knowledge and know how verbally or in written or electronic form to enable you and others including third parties to gain a better understanding or a differing view point. All information provided to you is given by us in utmost good faith that it is as accurate as circumstances at the prevailing time allow but may with hindsight prove not to be the case. We understand that all information provided to us by you is accurate. You agree to indemnify us against any and all claims arising by you or any third party in relation to any consultative work carried out. Charges are based on £35 per hour plus VAT. Submissions to net work operators carry a minimum charge of £120 refundable if our services are employed to carry out the installation.
Invoicing
All materials used, delivered or specifically ordered are the property of Oakwood Energy Systems until the invoice to which they relate is paid in full. However, once ordered, the value of such items will become due to those commissioning the work to which they relate.
Where work spans a period of more than 28 days or if labour and material charges exceed £500 an interim invoice will be raised. Consultation, design and other work may be charged at a prevailing hourly rate or part thereof.
Ltd companies or similar entities where limitation of debt recovery may be an issue are subject to making full payment upfront before work commences or providing an individual who underwrites to guarantee payment in full for the work undertaken.
Payment
All invoices to be paid in full within 28 days of their issue date.
You may not withhold payment of any invoice or other amount due to us by reason of any right to set off or counter claim which you may have or alleged to have had for any reason what so ever. For projects that are likely to take more than 28 days from commencement to completion, such as, but not exclusively new build projects where work may be carried out in installments, payment becomes due in full 120 days after commencement of the project unless otherwise agreed. You should advise us if you are not acting as an individual or sole trader/partnership. If you are acting as a limited company or similar, we reserve the right to charge stage payments during work or full payment before commencement of work.
Credit
Credits facilities may be withdrawn or reduced at any time at our sole discretion
Even if we have previously agreed to give you credit we reserve the right to refuse to execute any order or contract if the arrangements for payment is not satisfactory to us.
Arrears
Invoices that are overdue or not paid in full may be subject to Court / legal action, debt collection, third party actions or sold.
All costs involved in debt collection whether by third party or by any other means will be added to any amounts outstanding.
Issues, complaints & disputes.
Any issues should be brought to our attention by you within 7 working days or sooner. All attempts will be made to find an amicable solution by us but should this fail disputes can be taken to our governing bodies, ELECSA and RECC. Details of their services can be found on their respective websites: ELECSA.co.uk & RECC.org.uk
Data
We hold your information for compliance purposes and for the legitimate running of our business. We only share your personal data with companies and organizations to which we need to provide this information for compliance purposes. We have no control over their use of this information. We do not sell or pass your personal data to any other third party organizations. We store handle and remove your data in line with prevailing guide lines. By accepting these terms you agree to us holding your personal data and suing it lawfully and according to the regulations for any legitimate purpose we deem necessary for the running of our business. Further information can be found at: www.gov.uk/data-protection.
Liability
In carrying out electrical or property maintenance work it may be necessary for appliances, furniture, other objects or the decoration of a property to be disturbed. While every attempt will be made to limit loss or damage, unless specifically mentioned as part of the work carried out, it is the responsibility of the person ordering the work to ensure appliances, furniture, other objects or decoration are replaced satisfactorily or made good to their own satisfaction.
You shall inspect work carried out/materials supplied. You must advise us within 48 hours of any issues arising.
We shall not be liable for defects that may arise from wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair, failure to follow British standard or industry guidelines.
Planning and permissions
All permissions including but not exclusively consent by local or national planning authorities, distribution network operators, mortgagors, freeholders, leaseholders, chancel to be sort by the client in advance of the commencement of work. Written proof should be provided to us but in the event that this is not fourth coming verbal consent from you will be accepted on the understanding that all liability remains with you in the event that permission is not granted or is revoked. Any costs, charges, fees or expenses charged by us will be recoverable. This includes, but not exclusively charges for materials ordered, installation, part installation, third party costs, levies, fees, or charges and labour.
Energy Performance Certificate – EPC
It is your responsibility to provide an appropriate EPC as required by regulation in order to obtain the correct level of Feed in Tariff. We can arrange for an independent EPC to be carried out on existing (not new buildings) and reserve the right to make a charge for this service. Any recommendations on improvements made in the EPC will be down to you to implement although we may arrange and carry out these if stated in any contract of works. We will not be held liable under any circumstance in relation to, but not exclusively, any advice, recommendation or instructions provided in relation to the EPC.
Payment
Payment may be made in cash, cheque, or by electronic means such as bank transfer or by credit card via Paypal. Transaction charges may apply.
Guarantees
We currently offer a one year guarantee from date of commissioning to cover labour to replace any damaged or defective items resulting from equipment failure or a failure of the installation. Manufacturers offer their own cover of varying duration to cover defective manufacture of their products. Full terms and conditions of manufacturers’ warranties can be found on the manufacturer’s website. We do not supply this information as it is often updated and outside of our control. After sales service and support is available outside of any guarantee period, however prevailing charges will apply in most instances.
Insurance
In addition to the guarantees and warranties we and manufacturers provide the RECC demand that we offer you a further insurance backed warranty should we stop trading to further cover workmanship and deposit payments . There are many terms and exclusions to this warranty and full details can be found at: www.ecosureinsurance.co.uk. The cost of this insurance will, in most case, be built into the cost of the contract. Only commercial or installations of solar PV deemed to be commercial may opt out of this. Please indicate whether you wish to opt out on the Planning Consent/Instruction of Works form.
Installation times
Installation times and dates are given in good faith but are estimates only. Weather, supply chain and acts of God although not exclusively may impede installation progress. For the avoidance of any doubt, we shall not be liable to you or any third party for any damages sort whether directly or indirectly resulting from the delay of installation or provision of goods, services or materials however caused. Should you wish to postpone installation, at least 48hrs’ notice, not including Saturdays, Sundays or public holidays should be given to and be confirmed by us. If this notice is not provided charges for labour may be imposed.
Amendments
All amendments made by us will be notified to you in writing if they incur detrimental performance or cost increment greater than 4% to you if detailed specifically in any estimates or specifications provided by us to you. We will not be held responsible should manufacturers of products amend specifications. If you wish to amend any work proposed, in progress or completed, you should confirm this to us in writing. Amendments requested verbally by you may later be confirmed in writing by us. We may charge for materials and labour and all costs incurred by us for any amendments made.
Disruption of Power
While carrying out electrical work it is sometimes necessary to cut the supply of power to some or all electrical circuits including appliances to safe guard those working with or near to live or potentially live conductors. While every effort will be made to limit the time the power is cut and to give warning in advance, this may not be possible. Clients should make provision for this in advance of work commencing by, for example, ensuring all data on computers has been saved and ensuring fridges and freezers are kept shut tight to avoid damage to perishable goods. It is the responsibility of clients to ensure all time clocks are reset correctly following the reconnection of power. If a property is empty you shall ensure no perishable goods are left on site. Perishable goods and the resetting of electrical items such as but not exclusively programs and timers are the responsibility of those ordering the work. For the avoidance of any doubt, we shall not be liable to you or any third party for any damages sort whether directly or indirectly resulting from disruption of power however caused.
Work Areas
All areas where work is planned or expected to be carried out should be kept free from all humans and animals, whether the area is marked, cordoned off or not with the exception of those persons directly involved with the work being carried out in those areas and being of sufficient competence to enable them to safely enter and work in those areas without posing a risk of danger to themselves or others. Clients should be aware of increased risk of danger from but not exclusively trip hazards, security issues and from those working at height.
Asbestos
Oakwood Energy Systems or agents will not wittingly work with material containing asbestos unless it is considered safe to do so by Oakwood Energy Systems or agents. If asbestos is suspected Oakwood Energy Systems will insist that it is inspected and tested by a registered specialist. If asbestos is found and no alternative means of working around it is considered to be viable the asbestos will have to be removed professionally by a registered company. In all instances, the client ordering the work is liable for all costs involved in this process. Should work be delayed or cancelled as a result, Oakwood Energy Systems reserves the right to make proportional charges for but not limited to costs, liabilities, expenses, materials, third party charges. It is therefore advised that if a client suspects that the planned installation my encounter asbestos that appropriate measures are taken in advance of the commencement of the installation to avoid further cost. The client must make Oakwood Energy Systems aware of any known asbestos or materials suspected of containing asbestos.
Title
Risk in the installation will pass to you on provision by us of completed installation certificates. The property of the installation shall remain with us until you pay all sums due to us whether in respect of the contract or otherwise. Until title passes, you shall look after the materials making up the installation as our fiduciary agent and bailee. Until title passes you shall not interfere with, alter, tamper, sell, damage, impair the installation in any way. We shall be entitled at any time to recover any installation or part thereof in your possession to which we have title and for that purpose we, our agents or third party representatives with such transport, tools, equipment and facilities as is necessary may enter upon premises or land occupied by you or to which you have access and where the installation or its constituent materials are or we believe to be situated. Our ownership supersedes third party rights over assets such as but not exclusively in the case of your financial insolvency winding up bankruptcy and other orders placed upon you or your representatives
Estimates
Are provided by us to you in good faith based upon known or reasonably foreseeable information and experience and assume you have provided to us all relevant information that may affect the accuracy and validity of an estimate. It may be subject to change and reasonable care will be taken by us to inform you of changes as far as can be determined at any given point. In some circumstances it may be applicable to carry out emergency work to enable work or other functions to continue. These circumstances may invalidate estimates but only in so much as the addition of the unforeseen remedial work required to meet safety and legislative standards and to ensure the continued progress of planned work. Where faults or other issues arise that could not reasonably be foreseen by us not exclusively where items may be concealed or require additional work to due to previous work not being completed to the correct standard this remedial and or emergency work may be charged additionally. If an estimate consists of multiple components such as but not exclusively various components for several dwellings it is assumed that all work will be carried out sequentially and without undue gap. If this is not the case additional charges may be made for but not exclusively multiple transportation costs as the estimate is likely to assume only one set of transport costs and not multiple.
Additions and amendments
Additional fees or charges may be applied for example but not exclusively where roof strengthening or surveys are required. If known at outset these will be included in estimate prices but where pricing is undertaken “blind” such as but not exclusively in the case of a property not constructed or completed or visited then additional work will bring additional charges. Where an individual item requiring additional work or amendment is discovered, you will be notified in writing if the amendment is over £500.
Cooling off period and subsequent charges
Once you have placed an order in writing, you have a further 14 days from the date on this Instruction of Works order form in which to consider your position and cancel the order. Please see the current version of the Consumer Code for a more detailed explanation of this. If you wish to cancel this order you or any third party connected will only be liable for any charges outstanding at this point. These charges may include, but are not limited to reasonable charges for survey work, other electrical work, consultancy work, help and assistance in planning and facilitating any proposed installation. Work commenced prior to the end of the cooling off period whether the instruction has been given verbally or in writing may be charged or have deductions from any money paid for such things as insurance, transportation of goods, goods that are non returnable such as cable cut to length, bespoke items or items that are not held by us as stock items and which are ordered in specially for you such as PV inverters, PV modules and EV charging points. You are advised to confirm in writing to us if you wish work to commence or delivery of goods within the cooling off period.
If you wish to amend the order you may be charged additional fees for the added administration costs and additional justifiable expenses arising, however created, in facilitating such an amendment. You will then receive a new estimate and a new cooling off period.
If you change your mind after expiry of the 14 day cooling off period and decide no longer to proceed, you and any third party will be liable for all costs, expenses and liabilities due as a result directly or indirectly of your actions and Oakwood Energy Systems will retain your deposit by way of a penalty in addition to your liabilities, costs and expenses as detailed above.
For up to date information regarding your consumer rights please visit: http://www.legislation.gov.uk
In the case of emergency call out you automatically are deemed by us to waive your right to cancellation.
Commissioning
This is the date the system is tested and confirmed to be in compliance with current wiring and installation regulations according to the Microgeneration Certificate Scheme. Results of tests will be recorded on appropriate documentation and signed by Simon Bache to confirm the work is satisfactory. From this date the client will then be issued with a copy of this record along with relevant conformity documents, certificates and guarantees. The client will also receive from this date operating and maintenance instructions along with a full description of the system. It is the date set for commencement of any warranty/guarantee offered by Oakwood Energy Systems and the date from which all outstanding payments become due unless otherwise agreed in writing.
By signing this document you are agreeing to the terms and conditions set out above.
All terms are subject to English Law and do not affect your statutory rights.
RIGHT TO CHANGE YOUR MIND
This notice refers to contract number: ……………………………………………………..
You have made an application under the contract number listed above to have an electrical/photovoltaic installation carried out by Oakwood Energy Systems which has now been accepted.
You have 14 days from the date you sign page 1 of the attached document in which to change your mind.
You should ensure that you understand the nature of the facility being installed and what it can do for you and any obligations imposed upon you. You should also ensure you are aware how much it will cost, any charges for extra work or ongoing maintenance or servicing required.
If you wish to proceed with the contract you should ignore this notice and do nothing more with it.
If you wish to cancel the contract you should complete and return the attached form.
Cancellation Form
This form is to be signed and returned only if you wish to cancel work according to contract number: ……………………..
Return to:
Urgent attention of Simon Bache
Oakwood Energy Systems
Oak Tree House
67 Sylvan Avenue
East Cowes
Isle of Wight
PO32 6QS
I/we give notice that I/we have decided not to proceed with the installation identified as contract number ……………………….
I/we require the return of any money paid to you in connection with the contract which I am/we are entitled to have returned subject to the terms and conditions laid out in the above document.
I/we will be liable for any reasonable abortive costs associated with the agreed (verbal or written) commencement of work prior to the end of the cooling off period.
Signed: …………………………………. & ……………………….…………………….
Print: ……………………………………. & ……………………………………………..
Date: …………………………………….