PowerNaturally: PowerNaturally, whose address is Mercury House, Fernside Park, Johnson Road, Ferndown Industrial Estate, Dorset, BH21 7SE.
The Contract: Means the offer for the supply of goods and/or services by PowerNaturally in the form of the Quotation, these Terms & Conditions and the acceptance of the offer by the Client.
The Services: Means the goods and/or services to be provided by PowerNaturally either directly or through others in accordance with the quotation.
The Client: Means the person stated in the PowerNaturally quotation.
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 PowerNaturally and the Client.
The Quotation: Means the quotation attached to these Terms & Conditions, from PowerNaturally to the Client.
Every Quotation or any variation subsequent to the initial Quotation will be subject to these Terms & Conditions. These Terms & Conditions will prevail over any conditions of purchase of the Client unless otherwise accepted in writing by PowerNaturally. No variation shall be valid unless committed to writing and signed by both parties.
2. PERIOD OF ACCEPTANCE
2.1 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 signing the Order Form Constitutes an acceptance of the offer in the Quotation and these Terms & Conditions of Contract.
3. PERSONNEL PERFORMING THE SERVICES
3.1 The Services shall be carried out by suitably qualified personnel.
4.1 The Quotation is based upon information supplied by the Client to PowerNaturally. In the event, that information is found to be inadequate PowerNaturally will not accept liability and the Client, will reimburse PowerNaturally for any extra costs as necessary.
4.2 The obtaining of any necessary licenses, permits, consents or approvals necessary to enable PowerNaturally to provide the Services to the Client will be the responsibility of the Client. Nothing in these Terms & Conditions will absolve PowerNaturally of its duties and responsibilities under the law in regard to health and safety.
4.3 PowerNaturally reserve the right to change specifications and equipment with models of a similar performance.
5.1 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 prices shall be adjusted accordingly.
5.2 If PowerNaturally 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.
5.3 The prices excludes any grant or cash back. Where a grant is being applied for it is the responsibility of the Client to gain approval from the granting body. In England and Wales this is LCBP.
6.1 Payments shall be made by the Client to PowerNaturally in accordance to the Payment Structure, set out in the Order Form. For non-account holding Clients an invoice for the payment will be raised when it is received. Account holding Clients, unless otherwise stated in writing, payment, shall be due in full together with any V.A.T, 30 days net monthly, (i.e. payment by the end of the month following the month in which the invoice was dated.
6.2 Non-account holding Clients shall pay PowerNaturally further invoiced sums within seven days of receipt of an invoice. For all Clients interest will be payable at the rate of three per cent per annum above NatWest’s bank base rate on all overdue payments.
7. RISK AND OWNERSHIP
7.1 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.
7.2 Notwithstanding delivery and passing of risk in the goods, ownership in the goods shall not pass to the Client until PowerNaturally has received payment for such goods in full.
7.3 Until title passes, the Client shall hold any goods supplied under this contract for PowerNaturally and shall mark them so that they can at all times be identified as being in the ownership of PowerNaturally.
8.1 Unless stated otherwise in the Quotation, PowerNaturally 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 PowerNaturally 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.
8.2 In the event of a valid warranty claim by the Client, PowerNaturally shall be entitled at PowerNaturally discretion either to repair or replace the defective part of the Services free of charge and PowerNaturally shall have no further liability to the Client in particular in respect of consequential loss.
9. INDEMNITY AND INSURANCE
9.1 PowerNaturally 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 in the course of work under the Services to be provided.
10. LIABILITY OF POWERNATURALLY
10.1 PowerNaturally 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.
10.2 The liability of PowerNaturally 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.
10.3 PowerNaturally accepts no liability for any effect that drilling, grouting, trenching or other ground works may have on the 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.
10.4 PowerNaturally shall be reliant upon information provided by the Client, its Architects, Engineers and other contractors and no liability is accepted by PowerNaturally for the adequacy or correctness of such information. In the event that basic design information is not provided by the client and PowerNaturally derives its own figures prior 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.
11. FACILITIES TO BE SUPPLIED ON SITE TO POWERNATURALLY
11.1 Where the performance of the Services includes installation or commissioning of equipment at a site the following services shall be provided to PowerNaturally free of charge:
i Off loading, dry storage and protection of equipment and materials
ii Movement of equipment and materials from storage to location of installation
iii Protection of partially complete and complete installations
iv Free and adequate water supply adjacent to the point of use
v Free and adequate temporary electrical power and lighting at point of use
vi Washing and toilet facilities
vii Electrical and plumbing connections and the work of other trades including necessary attendance during commissioning
The performance of Microgeneration heat pump systems is impossible to predict with certainty due to the variability of the climate and its subsequent effect on both heat supply and demand. This estimate is based upon the best available information but is given as guidance only and should not be considered as a guarantee.
The client must notify PowerNaturally in writing of cancellation within 7 days (cooling off period) from the date the order form was signed, The Client will not incur any costs. If cancellation is requested after 7 days then the Client must pay a 30% re-stocking charge of the goods that have already been purchased by PowerNaturally Ltd and a reasonable charge for any works carried out and of making good the property. PowerNaturally Ltd will not start to install the system within the cooling off period. If this cannot be reasonably avoided, for example in the case of the Client stipulating a very tight timescale then the Client must notify PowerNaturally Ltd in writing of this requirement and the reason for it. In such a case, if the Client then wishes to cancel the contract within the 7 days cooling off period they will be liable for any costs that would have been encountered by PowerNaturally Ltd.
14.1 PowerNaturally shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.