voltPV Ltd — Renewable Energy Consumer Code Contract

voltPV Ltd

Renewable Energy Consumer Code Contract

MCS 23183
MIS 3002

This contract complies with our obligations as members of the Renewable Energy Consumer Code (RECC) and the Microgeneration Certification Scheme (MCS).

MCS Certification number: 23183 · Installer standard: MIS 3002 · Workmanship warranty: 2 years

About these protections

The Renewable Energy Consumer Code aims to guarantee a high-quality experience for consumers buying or leasing small-scale energy generation systems for their homes. The Code is backed by the Chartered Trading Standards Institute (CTSI) under the Consumer Codes Approval Scheme. Members of RECC agree to comply with the Code. See www.recc.org.uk for more information.

MCS membership shows that we meet industry standards and can install to a consistent high quality. Only MCS-certified companies may enter into a contract with a customer for the sale and installation of a system.

1. Acceptance of the proposal

1.1 The Quotation is valid for 30 days from the date shown on it. You accept this Contract by signing it by hand or by digital signature (including a signing platform or a signed PDF returned by email). If you sign on paper, sign both copies, return one copy to us and keep the other. If you sign digitally, the signed electronic copy is enough. No contract is in place until we send you an acknowledgement of the order.

1.2 Please read these terms carefully before you sign by hand or digitally. If you need any explanation, contact us using the details at the end of this Contract.

1.3 This Contract is the full agreement. If anything in a quotation, email, key-terms sheet or other summary (including the short Contract Terms) differs from this Contract, this Contract prevails. This agreement is governed by English law and the English courts, or by the law and courts of the place where your property is if that is outside England or Wales.

Your right to cancel

1.4 You have the right to cancel this contract without penalty during the cancellation period, without giving any reason. The cancellation period lasts for 14 days after you sign this contract by hand or digitally. If a signed or digitally signed contract is not returned to us, the cancellation period lasts for 14 days from the date stated on this contract.

1.5 To cancel, you must tell us clearly in writing by post or email:

voltPV Ltd, 1 Tanyard Cottages, Framfield Road, Buxted, TN22 4PR · hello@voltpv.co.uk

Any advance payments you have made will be returned to you if you cancel within the cancellation period. If you cancel after the cancellation period you may have to pay the reasonable costs we have actually incurred. We may keep part of your deposit and any further advance payment only to cover those costs. See section 9.

2. Our main obligation to you

Our main obligation is to do the work with all reasonable care and skill to the standards set by MCS and to the timetable set out in the Quotation. Our MCS Certification number is 23183.

2.1 We will carry out the planning, installation and commissioning of the system described in the Quotation with all reasonable care and skill. The goods we supply will be of satisfactory quality, fit for purpose, operate as we described to you, and match the model you have seen or examined.

2.1.1 We will tell you in writing the name of any contractor we engage to install your system. We take full responsibility for their work and for their compliance with the Consumer Code.

The timetable

2.2 We will supply the goods and carry out the installation as specified in the timetable agreed with you and set out in the Quotation. By accepting these terms you agree to proceed on that timetable.

2.2.1 We will make every effort to finish by the agreed time. Delays can occur for reasons beyond our control, including severe weather. We are not responsible for those delays.

2.2.2 If a delay occurs we will tell you as soon as possible and adjust the timetable by written agreement.

2.2.3 If delivery of goods is delayed beyond the agreed time (or, if no time was agreed, beyond 30 days from the date you sign this contract), we may offer different MCS-certified products of equivalent specification, value and quality. You may accept that offer, wait for the products you ordered, or cancel under sections 9.2 and 9.3. This follows the Consumer Code and the Consumer Rights Act 2015.

If we cause the delay

2.2.4 You are entitled to compensation if we cause significant or unreasonable delay for reasons within our control.

2.2.5 If installation is unreasonably delayed for reasons within our control, you may cancel under sections 9.2 and 9.3.

If you cause the delay

2.2.6 We will try to absorb small delays of less than half a day without charging extra.

2.2.7 If a delay caused by you means we incur extra costs, we will adjust the price. Rates are £75 per hour or £350 per day, excluding VAT.

3. Our other obligations

3.1 We will carry out the work and all communication with you in line with the Consumer Code.

3.2 The installation will comply with MCS installer standard MIS 3002.

3.3 Once the system is commissioned we will give you the guarantees, test certificates and other relevant paperwork. We aim to do this on commissioning and in any event no later than 14 working days after commissioning.

3.4 We will also give you the documentation required by the relevant Microgeneration Installation Standard, including (where required) the certificate showing the installation has been registered on the MCS Installation Database, within 14 working days of commissioning.

3.5 The guarantees we give you cover the goods and the installation and comply with the Consumer Code. We will explain the terms of the guarantees in writing and verbally.

3.6 We will ensure the guarantees are honoured if we fall into receivership, administration or bankruptcy during the installer’s guarantee period. See section 8.

4. Your main obligation — payment

Deposit

4.1 You will pay a deposit of 25% of the full quoted project cost when you sign this agreement by hand or digitally. If you cancel within the cancellation period in section 1.4 we will return that deposit in full.

4.1.1 If you pay the deposit before we inspect your house and we then find the installation cannot proceed, we will refund the deposit in full within 14 working days.

Advance payments

4.2 The Quotation must explain when invoices will be sent and how much is due for each payment.

4.3 We may ask for a further advance payment no more than three weeks before the agreed delivery or installation date, but only if this is explained in your Quotation. That payment will only be used for work under this contract (for example buying goods).

4.3.1 If we do not deliver any goods to you before installation, the further advance payment plus the deposit will not exceed 60% of the total Quotation price.

4.3.2 We may use the further advance payment to buy goods and deliver them to you. Once title to those goods transfers to you, the sum used to buy those goods is no longer an advance payment.

4.4 If we fall into receivership, administration or bankruptcy, your deposit and any advance payment will be protected as set out in section 8.

Final payment

4.5 We will invoice the outstanding balance. It becomes due only after the installation has been commissioned.

4.5.1 If you allege a minor defect you may not withhold more than a proportionate amount of the sum due. If you withhold money after the due date you must give us as much notice as possible and state the reasons.

Late payment

4.6 If you do not pay an invoice by the due date we may charge interest at 3% above the Bank of England base rate until the amount is paid in full.

4.6.1 If we do not receive an advance or interim payment by the seventh day after it is due, we may give written notice that we intend to stop work. After that notice we may suspend work until payment is made.

4.6.2 If you are in breach because you have failed to pay, and we have suspended work, we may recover additional costs we incur. We will give you written particulars of any compensation claim within 21 days of suspending work.

4.6.3 We may require you to return the goods to us. If you do not, we may take legal proceedings to recover the goods or their outstanding value.

5. Your other obligations

5.1 We will advise you on approvals and permissions you may need, but you must obtain all relevant permissions (including planning and building consents) before we start work. If we ask to see those permissions and related drawings or specifications, you must make them available.

What you must provide on site

5.2 You must provide the following free of charge:

  • water, washing facilities and toilets;

  • an electricity supply;

  • adequate storage space;

  • safe and easy access from the public highway;

  • clear, easy access to the installation location, with belongings moved out of the way.

5.3 You, or a contractor you employ, may need to carry out preparatory work before installation can start. If so we will describe that work in writing. It must be finished by competent people to the necessary standard before the agreed start date. If it is not finished in time, clause 2.2.7 applies.

5.4 If you breach the payment or site conditions in this Contract you may incur extra costs because of delay or additional services. Reasonable compensation may be payable. Section 7 then applies.

6. Changes to the work

6.1 If after signing you want to change the work, you must speak to us first. We may be able to include the change if it is technically possible, we have the resources, and the necessary permissions are in place.

6.2 If we agree the change you must confirm the request in writing within 14 days of first telling us.

6.3 We will then adjust the price by written agreement beforehand if possible; otherwise by later written agreement; otherwise by reference to any priced documents; otherwise by a reasonable amount for the work done or goods supplied.

6.4 Every change that adds or revises work (as opposed to leaving something out) may mean extra cost. We will try to keep those costs to a minimum.

6.5 The Quotation is based in part on satellite or remote measurements. Your roof will be measured once scaffolding is installed. If that measurement means the installation would differ significantly from what we described, we will tell you in writing and give you a revised design and price.

6.5.1 A difference is significant if the number of panels, the contract price or the predicted annual output would change by more than 20%.

6.5.2 You may accept the revised design and price in writing (by hand or digital signature), or cancel under clause 9.4. If you cancel under this clause because of that significant difference, we will refund your deposit and any advance payment. You will not be charged for the scaffolding used to take that measurement.

6.5.3 If you cancel after scaffolding has been erected for a reason that is not a significant difference under 6.5.1 (including a change of mind), scaffolding already erected is payable, but only if you agreed in writing that it could be erected.

7. Unexpected work

7.1 Hourly or daily costs for unexpected work caused by site conditions or circumstances beyond our control are £75 per hour or £350 per day, excluding VAT.

7.2 Where unexpected work arises we will tell you and ask how you want us to proceed. If you want us to continue, section 6.3 applies.

8. Delivery, title, risk and deposit protection

8.1 We will deliver the goods to the location in the Quotation.

8.2 If we fall into receivership, administration or bankruptcy before we deliver the goods, we will insure the money you paid in advance. We will also ensure our guarantees are honoured if we fail during the installer’s guarantee period. We may do this through RECC’s Deposit and Workmanship Warranty Insurance (DAWWI) scheme or an equivalent scheme.

8.3 We will give you details of the insurance scheme we use. You will receive a policy directly from the provider once you have signed this Contract by hand or digitally.

Client account and protected payments

8.4 We may place your deposit and any advance payment made before goods are delivered in a dedicated client or third-party account, or use the protected payment scheme arranged by the Code administrator. That money can only be used for work under this Contract.

8.4.1 If we fall into receivership, administration or bankruptcy, money in that account (or held in 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, legal title to those goods (or the proportion you have paid for) passes to you. We must deliver them to you or label them as yours. Stored goods will be kept separate, protected, insured and identified as your property until delivery. You must be able to inspect and/or repossess them.

8.6 Goods belonging to us may be delivered to site. If the contract ends early under section 9.3, you must return the goods to us on reasonable notice. We will reimburse you if any of your money was used to buy a proportion of those goods. If you do not return them we may take legal proceedings to recover the goods or their value.

8.6.1 If the contract ends early under section 9.4 because of a significant difference under 6.5.1, you must return unused goods on reasonable notice. You will not be charged compensation for that cancellation, and scaffolding used only to take the measurement is not payable. If the contract ends after scaffolding was erected for a reason that is not a significant difference, clause 6.5.3 applies.

8.7 Until ownership passes to you, you must store the goods separately so they remain identifiable as our property; not destroy, deface or obscure identifying marks or packaging; and keep the goods in a satisfactory condition.

Who pays if goods are damaged on site before commissioning

8.8 Until the goods are delivered to your property, they remain at our risk. We will replace or repair any goods damaged or lost before delivery, at no extra cost to you.

8.8.1 After delivery, we remain responsible for damage or loss caused by us, our employees or our contractors, including damage during unloading, storage we control, installation and commissioning. We will repair or replace those goods and put right any resulting damage to your property that we cause, at no extra cost to you.

8.8.2 After delivery, you are responsible for looking after goods left at your property. You must pay for repair or replacement if damage or loss is caused by you, anyone living at or visiting the property, other trades you have hired, pets, or a failure to follow storage or access instructions we have given you in writing.

8.8.3 If goods are stolen from the property after delivery, you are responsible unless the theft happened because we failed to take reasonable care (for example leaving goods unsecured in a public-facing area overnight without agreeing that with you).

8.8.4 Weather damage to goods we have already fixed to the building is our responsibility until commissioning. Weather damage to goods stored loose at the property (for example panels stacked in a garden or garage) is your responsibility once we have told you where and how they should be stored.

8.8.5 Risk in the installed system passes to you on commissioning, except for any defect we are obliged to put right under this Contract or the workmanship warranty in section 13.

8.8.6 You must tell us about any damage, shortage or theft as soon as possible and in any event within 48 hours of becoming aware of it, and give us a reasonable chance to inspect before anyone else repairs or disposes of the goods.

9. Cancellation

Your rights

9.1 Your cooling-off rights are set out in sections 1.4 and 1.5.

9.1.1 If you cancel after the cancellation period you may have to pay the reasonable costs we have actually incurred. We will try to keep those costs down. We may keep part of your deposit and any further advance payment only to cover those costs.

9.1.2 If you want work to start during the cancellation period you must request this in writing and sign that request by hand or digitally. If we start work and you then cancel within the cancellation period, you may be responsible for the cost of goods and services already supplied and for making good the property.

9.2 If delivery or installation is delayed for reasons outside your control you may cancel and receive a full refund, in line with the Consumer Code and the Consumer Rights Act 2015.

9.3 If we are in breach of this Contract you have remedies depending on the circumstances. For services you may require a repeat performance or a price reduction. If goods are faulty, incorrectly installed, incorrectly described or not fit for purpose you may request a repair or replacement, or reject the goods and claim a refund or compensation. You cannot use the remedies in 9.2 and 9.3 simply because you have changed your mind or no longer want some of the components.

Our rights

9.4 As set out in 6.5, you may cancel (and have any deposit or advance payment refunded) if the final design differs significantly from what we described. Scaffolding used only to take that measurement will not be charged. Scaffolding is payable on a cancellation that is not a significant difference under 6.5.1, and only if you agreed in writing that it could be erected.

9.5 If you are in breach and do not put it right within 14 days of written notice from us, we may cancel the contract. We must give you a reasonable chance to remedy the alleged breach.

9.6 If we suffer a loss because of your breach we will take reasonable steps to limit that loss. If your breach leads to cancellation you may have to pay compensation for reasonable costs or losses reasonably incurred.

10. Dispute resolution

10.1 If a dispute cannot be resolved between us, you can refer it to RECC’s dispute resolution procedure where it falls within their remit (disputes about the sale and installation of domestic renewable energy systems). We must follow that procedure if that is your wish. RECC is certified by CTSI as an Alternative Dispute Resolution provider. See www.recc.org.uk/consumers/how-to-complain.

10.2 If you register a dispute with RECC it will be allocated to a caseworker who will mediate between both parties.

10.3 If mediation does not resolve the dispute you can refer it to RECC’s independent arbitration service. We must agree to arbitration if that is your wish. You would pay a small fee to the arbitration provider, which may be refunded if the arbitrator finds in your favour.

10.4 An award under the independent arbitration service is final and legally binding, subject only to limited challenges under the Arbitration Act 1996.

10.5 Disputes about MCS Installer Standards can be referred to our MCS Certification Body: NAPIT, 0345 543 0330.

11. Supply voltage

11.1 All EV chargers, PV and battery inverters and batteries are designed to operate between 216.2 V and 253.0 V. Supply voltage is provided by your Distribution Network Operator (DNO), not by voltPV Ltd. Voltage at a property can fluctuate during the day and over time. If the supply voltage falls outside that range, the installed equipment may not work correctly or at all.

11.2 Checking and correcting supply voltage is the DNO’s responsibility. If you are unsure of the voltage at your property, contact your DNO before installation and ask for a voltage reading. Tell them voltage-sensitive equipment is being fitted. voltPV Ltd cannot deal with the DNO on your behalf.

11.3 voltPV Ltd accepts no liability for any loss, damage, fault, poor performance or failure of the goods or installation caused by supply voltage, voltage fluctuation, or any other issue with the DNO network. That includes call-outs, repairs, replacements, lost generation and any other cost. Those issues sit with the DNO, not with us.

12. Waste — you must dispose of it

IMPORTANT — WASTE STAYS WITH YOU

voltPV Ltd does not hold a commercial waste licence and is not a registered waste carrier. We cannot legally take installation waste away in our vehicles. We will stack it on your property. You dispose of it, or we can book a licensed collector for you as a paid extra.

12.1 All materials arising from the installation remain your property and your responsibility. That includes cardboard boxes, plastic wrapping, pallets, cable cuttings, cable ties, offcuts, used fixings and general site waste.

12.2 voltPV Ltd does not hold a commercial waste licence and is not registered with the Environment Agency as a waste carrier. In short: only a registered waste carrier may transport other people’s waste as part of a business. Doing so without that registration is an offence. That is why our installers cannot load your waste into our vans or take it to a tip.

12.3 We will, where reasonably possible, separate recycling from general waste and leave it in one agreed place on your property. Waste still there when we leave is not a defect in the installation.

12.4 You may dispose of suitable household packaging yourself (your own bins or a household waste site that accepts it). Do not put commercial or construction waste in a household collection if your council does not allow it.

12.5 If you want the waste taken away, we can arrange collection by an official licensed waste collector (a carrier registered with the Environment Agency). That collection is not included in the installation price unless your Quotation says it is. We will confirm the collector’s charge in writing before booking. You pay that charge plus any skip or tip fees.

12.6 Old electrical equipment removed as part of the quoted works (for example a replaced inverter or battery) will also be removed through a licensed collector, not in an unlicensed voltPV vehicle.

13. Customer warranty for installation services

This section sets out the terms on which voltPV Ltd covers the Products it supplies and the installation services provided by voltPV Ltd Registered Installers.

13.1 Installation services

13.1.1 voltPV Ltd warrants that the Installation Services will be performed by appropriately qualified and trained voltPV Ltd Registered Installers using reasonable care and skill, to the high standard of quality it is reasonable for you to expect.

13.1.2 The Warranty Period for the Installation Services is two years from completion of the Installation Services.

13.2 Remedial action

13.2.1 If you make a valid claim about our service, voltPV Ltd may arrange for the relevant Products to be reinstalled by a Registered or approved Installer, or refund the charge for the relevant part of the Installation Service (or a proportionate part of that charge).

13.3 When this warranty applies

13.3.1 This warranty applies only if the Product was installed by a voltPV Ltd Registered Installer and has been properly used and maintained throughout the Warranty Period, and only if you tell voltPV Ltd about the alleged defect within the Warranty Period and within a reasonable time of discovering it.

13.4 What you must do

13.4.1 You must promptly provide the information and support (including site access and services) reasonably needed for us to assess any alleged defect and meet our obligations under this warranty.

13.4.2 You agree that the premises, plant, power, fuel, support services and other inputs you provide for installation and use of the Products are reasonable, fit for purpose, and properly used and provided.

13.5 Disputes about defects

13.5.1 Any dispute about whether a defect is covered can be handled through RECC’s Dispute Resolution Process, as described in section 10 of this Contract.

13.6 Transfer on sale of the property

13.6.1 If voltPV Ltd has installed a system in a property that is sold during the Warranty Period, the warranty passes to the new legal owner. It cannot be transferred to or exercised by anyone else.

13.7 Governing law

13.7.1 This warranty is governed by English law and the English courts, or by the law and courts of the place where your property is if that is outside England or Wales.

13.8 Manufacturer’s product warranty

13.8.1 Most Products supplied by voltPV Ltd come with a manufacturer’s product guarantee. Where you notify a claim in line with this Contract, voltPV Ltd will liaise with the manufacturer and use reasonable endeavours to obtain a replacement of the Product (or the part in question) or a refund of the price (or a proportionate part). This warranty does not replace or limit your legal rights against voltPV Ltd as retailer of the goods.

13.8.2 Repair, replacement or part refund of the system or any component does not start a new warranty period.

13.8.3 The company accepts no liability for loss of revenue from the Feed-in Tariff, export payments or any other support mechanism while the system is out of use because of a fault or failure, except where that outage is caused by our breach of this Contract.

13.8.4 Inverters and solar panels are supplied with the manufacturer’s warranty as in clause 13.8.1. The warranty does not cover fair wear and tear, or faults caused by interference with the inverter by anyone other than the Company. The warranty includes call-outs, labour and other expenses associated with repair or replacement of the defective part or system, excluding scaffolding. Access-related costs on warranty claims are met by the customer. The company will try to, but is not bound to, put right any fault within 14 days of notification.

How to contact us

voltPV Ltd

1 Tanyard Cottages, Framfield Road, Buxted, TN22 4PR

Email: hello@voltpv.co.uk

MCS Certification number: 23183

By signing the Quotation and this Contract by hand or by digital signature you confirm that you have read and accept these terms. If a short summary of terms was also provided, this Contract still prevails.