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[bw_company] is committed to ensuring that your rights as a consumer are protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with our privacy policy.
[bw_company] may change our terms and conditions of dales and services and privacy policies or terms of site use from time to time by updating this and / or other pages on our site. You should check this and the related pages from time to time to ensure that you are happy with any changes. This policy is effective from: March 2020
TERMS & CONDITIONS
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
AGREEMENT DO NOT SIGN THESE TERMS AND CONDITIONS
In these conditions as a registered company in Scotland and our registered office Unit 16, Cromarty Campus, Rosyth, Europarc,Rosyth, Fife KY11 2WX hereinafter referred to as the Company.
Our main obligation to you:
• We will carry out the work with all reasonable skill and carewithin a reasonable time frame.
• We will provide you with a guarantee that covers both theinstallation and the goods installed
Your right to cancel:
• You can cancel this contract and receive a full refund of your deposit by sending written notice no later than 14 calendar days after the date on which this contract was signed: this right is known as the “Cooling Off Period”• If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund. (You can also seek other remedies detailed in section 9.2 of this contract)
• Should you cancel your contract outside the cooling off period we will be entitled to retain funds in respect of specific costs you have reasonably incurred.
The following cancellation charges may become payable if the company has made expenditure to work commenced in relation to your contract)7-21 days after contract, we have the right to retain 50% of your deposit. 22+ days after contract, we have the right to retain 100% of your deposit
• Upon cancellation of this contract the company makes the customer aware that the return of all deposits or advance payments initially paid by credit card may take up to 35 days.
The company will endeavour to make returns as quickly as possible but note they are restricted by the return policy operated by the relevant merchant.
Your main obligations to us:
• You may be asked to pay a deposit upon signing this contract and/or advance payments prior to installation
• It is your responsibility to get the necessary permissions andapprovals for the work to take place
• If you fail to pay on time we may stop work and chargeadditional costs
• If you cause the work to be delayed, we may stop work andcharge reasonable additional costs
1. ACCEPTANCE OF PROPOSAL
1.1 We will reply upon the written terms set out here in this contract. Please read them carefully before signing them. If you need any explanation about these terms please write or telephone us at the address and. telephone number provided. If any amendments to this contract are required you must confirm these in writing and they must be agreed by an authorised representative of this company.
The “Cooling Off Period’
1.2 You can cancel this contract by sending us written notice using the address provided. You must send that written notice no later than 14 calendar days after the date on which this contract was signed; this right is known as the Cooling Off Period. If you cancel after that period then unless we are in breach of this contract, the conditions set out in section 9.1.1 of this contract will continue to apply.
2. Our MAIN OBLIGATIONS to you is to complete the work with all reasonable skill and care as set out and agreed in the contract.
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 contract. The goods we supply must:
• Be of satisfactory quality
• Be fit for purpose, and
• Operate as we describe to you
The Timetable
2.2 We agree to supply the goods and carry out the installation work within a reasonable timescale
2.2.1 We may vary and adjust that timetable after discussing with you according to the conditions set out in section 8.1 of this contract. If we fail to carry out work within a reasonable timescale then the conditions within section 8.2 of this contract will apply
2.2.2 If.for whatever reason there is any delay, suspension or cancellation of the supply of the goods or Installation of the system then the conditions described in 8.2.1 and 8.2.2 of this contract will apply
2.3 We SES (SCOT) LIMITED Registered Scottish Company No. SC586462 will carry out the work and all communications with you in a professional manner.
Our obligations include (but are not limited to) giving you:
• The chance to approve site designs before the work starts
• Detailed information about any work you need to do before the installation can begin and about when that work needs to be carried out
• Accurate and truthful information both in our verbal communications with you and our marketing literature and advertising.
We must have appropriate insurance to cover possible third party damage, which may be caused by any of our activities in supply and installing your system
2.4 The installation must comply with all relevant standards. The company reserves the right to change any of our installers at any stage under this agreement to ensure the efficient completion of the installation.
2.5 At the end of the contract we will give you any guarantees, test certificates or other relevant paperwork related to your goods and Installation
2.6 We will provide you with guarantees that cover the goods and installation
2.6.1 We will explain to you the terms of the guarantees both in writing and verbally
3. Your MAIN OBLIGATIONS to us is to make the payments due to us
The Deposit and Advanced Payments
3.1 You will make payments to us as specified in this agreement. Should you decide to cancel the contract within the Cooling Off Period (see section 1.2 of this contract). We will return any moneys paid by way of a deposit to you in full.
3.2 If you pay a deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full.
3.3 We may require you to pay a further advanced payments) prior to installation
3.4 The balance outstanding on the contract price is due on completion and commissioning of the installation. We will issue you with an invoice when the work is completed and has been commissioned.
3.5 You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final dale on which payment is due. In that notice you must also state the reasons you are withholding the payment
Consequences of late payment
3.6 If you fail to pay the amount specified in an invoice by the due date then 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.
3.6.1 If we do not receive payment by the seventh day after payment is due, then we may give you written notice that we intend to stop work on the installation.3.6.2 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 as detailed in section 3.6.1 of this contract, 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.
3.6.3 We may require you to return and deliver up the goods to us. Failing this we may take legal action to recover the goods or their outstanding value.
4. Your other obligations to us
4.1 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.
Supply of Services
4.2 You must agree to provide the following for our use free ofany 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
• A right to cancel this contract by sending written notice to us using the cancellation form and address provided by us (see section 1.2 of this contract) Accurate information about approvals and permissions needed for the proposed system and any grant or other financial incentives available for that work
Additional Charges
4.4 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 maybe required to pay reasonable compensation to cover those extra costs if this happens then section 7 of this contract will apply.
5 Delivery
5.1 We will deliver the goods to the location detailed in this agreement
5.2 Until ownership of the goods passes to you, you must
• store the goods separately in such away that they remain readily ‘identifiable as our property’
• not destroy, deface or obscure any identifying mark orpackaging on or relating to the goods
• maintain the goods in a satisfactory condition
5.3 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 you must return and deliver the goods to us 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 return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.
5.3.1 If the contract is terminated early for reasons detailed under section 9 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 advanced payment you have already made.
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 this in writing; and
• Do so within 14 days of when you first tell us 6.3 We will then adjust the price
• By written agreement beforehand, if possible; or if not then
• By later written agreement; or if not then
• By referring to any priced documents, if this applies; or if not then
• By a reasonable amount for the work done or goods supplied
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.
6.5 The company reserves the right at all times to change the product or supplier used under this agreement.
7 Unexpected Works
7.1 Details of costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of company will be provided in writing prior to further work commencing.
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 Changes to Agreed Timetable
8.1 We will make every effort to complete the work within a reasonable timescale. You must appreciate, however, that sometimes delays may occur for reasons beyond our control, especially when third parties are involved in installing other, related works. We cannot be held responsible for those delays. If such delays occur we will complete the works as soon as possible.
Consequences of delay caused by us
8.2 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.
8.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification.
4.3 You, or a contractor you employ, may need to carry out preparatory work before the installation can start. This work must be finished before the agreed date on which the installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. It the preparatory work is not finished before the agreed date on which the installation is due to start, then the conditions described in section 8.3 ot this contract will apply.
8.2.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section
9.2 of this contract.
Consequences of delay caused by you
8.3 We will seek to accommodate small delays without recourse to compensation.
8.3.1 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 6.3 and subject to section
7 of this contract.
8.3.2 In the unlikely event of a fault occurring due to faulty materials or workmanship, the Customer should contact the Company promptly and we will arrange for the defects to be rectified in line with your statutory rights.
This DOES NOT extend to:
a) Damage or faults due to an accident, misuse or neglect by the Customer.
b) Damage caused by work carried out by persons other than the Company’s personnel.
All installations are covered by a two year workmanship warranty.
All manufacturing warranties relating to the product themselves will be passed onto the Customer on the installation date. Notification of any claim under the warranty must be by a writtennotice of the defect. This does not affect your statutory rights.
Your rights
9 Cancellation of this Contract
9.1 As detailed above in section 1.2 of this contract, you can cancel this contract by sending us written notice no later than 14 days after the date on which this contract was signed.
9.1.1 If you cancel this contract after the period referred to in section 9.1 and 1.2 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 or advanced payment, if made, as a contribution.
9.2 If there is a serious delay to the delivery of goods for
reasons that are outside your control, but within our control, then you will be entitled to cancel the contract arid receive a full refund.
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 You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit 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.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Our right
3.4 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 rectify the alleged breach.
3.5 If we suffer a loss as a result of your breach of contract, we must 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 reasonablecosts or losses reasonably incurred.
10. Additional Products
10.1 Should you as part of this agreement purchase from us additional products , you will not be entitled to withhold the final balance payment in the event that there is a delay for any reason in the delivery or installation of these additional products.
