1. Interpretation

The definitions in these terms and conditions apply to the terms and conditions throughout this document.

Headings do not affect the interpretation of these terms and conditions.

2.0 Property Ownership

2.1 We will enter into this Contract on the strict understanding that you are the legal owner of the Property. We reserve the right to verify ownership of the Property and you agree that, if requested by us to do so, you will co-operate with these enquiries to include but not limited to providing all such information and/or documentation as we require to verify ownership of the Property.

3.0 Installation

3.1 We will deliver the System referred to on the Quotation and carry out the work as specified on this and on any related continuation sheets. The Company policy is one of continuous improvement of its products. We therefore reserve the right to incorporate modifications of a minor or technical nature in the System.

3.2 We will use reasonable efforts to carry out the Installation on the date we estimate, but if we need to rearrange the date of the Installation, we will tell you as soon as we can. It is not a condition of this Contract that we must provide the Installation on the estimated date.

3.3 We will have no Liability for any damage to your property, or for any delays, caused by any extra works that you have arranged yourself.

3.4 If you need to change the date for the Installation you must call us as soon as you are able to, and we will try to arrange an alternative date with you.

3.5 Notwithstanding the foregoing, the Company will have no Liability for any delay in Installation due to factors beyond our control including delays occurring due to applications/granting of permissions/consents and/or adverse weather conditions.

3.6 Following Completion of the Installation we will ask you to sign the Job Completion Form to confirm that the Installation has been completed and that you have been told how the System operates and should be maintained.

3.7 In order to help us maintain our standards of work we monitor a selection of all Installations that we undertake. Where your property is selected for monitoring, you agree to give our technical personnel access to your Property on a date we agree with you (on at least 48 hours’ notice) so that the monitoring can take place.

4.0 Payment

4.1 The Contract price is payable in the following stages:

• (a) A deposit of 25% when the Contract is signed.
• (b) The balance on Completion of the Installation
• (c) All payments must be made at the appropriate stages before we can carry out the next stage of the work.
• (d) We will accept payment of the Contract price by bank transfer.

4.2 We reserve the right to add interest at the rate of 4% above the Bank of England base rate calculated on a daily basis on any sum due from you to us which is overdue by 30 days or more.

5.0 Access

5.1 You agree to provide reasonable access to enable the Installation to be carried out and completed.

5.2 You agree to ensure that the Property is kept clear and allow access to enable work to be carried out at all reasonable times including at weekends and on bank holidays and to permit, without charge, access to an electricity supply on site.

5.3 In the event that further work is required to complete the Installation to your satisfaction e.g. snagging, or work under guarantee, you agree to provide such reasonable access as we may require to enable this work to be carried out at all reasonable times, including at weekends and on bank holidays and to permit, without charge, access to an electricity supply on site.

6.0 Defective Products

6.1 The guarantees are given in addition to all your rights under common law and statute.

6.2 In the unlikely event that the System does not conform to the Quotation, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, we will arrange for an engineer to attend your property to determine any problem with the System on a date agreed between you and us. If our engineer determines that the System is faulty, we will arrange for the System to be repaired or replaced, on a date agreed between you and us, at no additional cost to you

6.3 These terms and conditions will apply to any repaired or replacement System we install for you in accordance with clause 6.2, except that any spare parts installed in the System pursuant to clause 7 will only be guaranteed for the unexpired term of the guarantee set out in clause 7.

7.0 Guarantees

7.1 You will, upon completion of the Installation, be provided with guarantees from the Company to cover the materials and labour of the Installation for varying periods as shown below from the date the Job Completion Form is signed by you:

7.2 The Inverters & Batteries are supplied with a 10-year warranty covering defects in materials and workmanship but not “Fair Wear and Tear” or where interference with the system by an unauthorised person (of the Company) has caused the fault or defect. The warranty includes any call outs, labour and other expenses associated with the repair or replacement of the defective part or system. The company endeavours to but is not bound by its commitment to rectify any fault within 7 days of notification.

7.3 The solar modules are additionally supplied with a 12-year product warranty and a 25-year linear power output warranty.

7.4 The installation labour is guaranteed for 24 months and includes the repair and replacement of any damage caused during the installation period or can be shown to have been caused as a direct result of the installation. The company endeavours to but is not bound by its commitment to rectify any fault within 7 days of notification.

7.5 Warranty performance can only be claimed by sending a letter outlining the cause of the claim to the Company by recorded post. The Company will confirm its receipt of such notice, in writing, and will endeavour to send an engineer to make an initial inspection within 7 days of receipt of the notice.

7.6 The repair, replacement or part refund of the system or any component therein does not cause the beginning of new warranty terms.

7.7 This warranty is transferable only when the product remains installed in its original location as noted in the Quotation. You do not need permission from the Company to transfer this warranty, but the Company does need to be informed of such transference.

7.8 Whilst the company makes every effort to ensure the accuracy of the estimated performance of a system as noted in the SAP calculations in the Quotation it cannot be held liable for loss of revenue should the system underperform unless the reason is entirely due to fraud or negligence of the company

8.0 Final Surveyors Report

8.1 If the surveyor identifies a variation is required to the specification of the System sold due to building fabric issues, such items will be highlighted to you and options proposed.

8.2 If the surveyor reports that there are significant technical problems which make the satisfactory Installation of the System materially more difficult than originally anticipated or unsafe to install, we reserve the right to cancel this Contract by sending you written notice to that effect and your deposit will be returned.

8.3 In the event that this Contract is cancelled in accordance with this clause, written reasons will be provided to you, but cancellation will be without further Liability attaching to either party.

9.0 Price Check

9.1 Following the Final Survey the technical specification will be submitted to us by the surveyor. In the event that a Non-Standard Installation is required we reserve the right to notify you of our proposal to change the Contract price within 4 weeks of the Survey being finalised.

9.2 If we notify you in writing that the price is being increased you must reply in writing within 4 weeks stating either you accept the increase or that you wish to cancel the Contract. If you fail to notify us within 4 weeks that you accept the increase in price, this Contract will be cancelled.

9.3 In the event that this Contract is cancelled in accordance with this clause your deposit will be returned to you, but cancellation will be without further Liability attaching to either party

10.0 Installation Site

10.1 The Initial and Final Survey carried out by us is not a full structural survey of your Property and the Company will only deal with items which are reasonably ascertainable. The Surveyor will require access into the loft space to inspect the roof construction of the Property.

10.2 In some instances roof tiles may be damaged at the time of Installation. Any accidental damage to roof tiles caused at the time of Installation will be replaced at the time.

11.0 Your responsibilities

Prior to the commencement of the Installation:

• (a) If you own the Property with anyone else you must ensure that all your co-owners have consented to the Installation.
• (b) Obtain any planning permissions, consents and/or approvals required for the proposed Installation.
• (c) Ensure that there are no restrictions in relation to your property that may affect the Installation including but not limited to your property being in a conservation area or in an area of outstanding natural beauty.
• (d) Provide access to your property on the dates for Installation set out in the Quotation or as otherwise agreed between you and the Company from time to time.
• (e) Provide any information about your property that is relevant to the Installation.
• (f) Ensure that any information you give us is accurate and complete.
• (g) Make sure that you prepare your property (at your own cost) to enable us to have access for the purpose of carrying out the Installation. You also agree to follow any reasonable instructions we give you in respect of your property to make sure we can carry out the Installation.
• (h) Make sure you have protected your belongings and that you have moved any valuable or breakable items out of the areas we need access to and into a safe place.

11.1 You are responsible for ensuring that the information provided by you in the Quotation and during any Survey is accurate. In the event that we carry out any work at your Property before any necessary permissions approvals and/or and consents have been obtained (except those that we have agreed in writing to obtain) then we shall do so entirely at your risk and you will be responsible for, and we will be able to claim from you, all costs and/or losses we reasonably incur as a result of us so doing.

12.0 Status Check

12.1 We reserve the right to make credit and other similar enquiries in respect of our customers before Installation takes place. If these enquiries reasonably lead us to believe that there is a significant risk of payment not being made, we reserve the right to ask you to make payment of the full Contract price before Installation takes place and before any works are carried out. Should we ask you to make such payment then we will on request supply you with a copy of the information on which we have relied. If you decline to make payment, then we may cancel this Contract. Your deposit will be returned in full, but we will have no further Liability to you.

13.0 Your Personal Information

13.1 We will use your contact information to personalise our communications with you and to inform you of Company products, services and offers we think may be of interest to you. We may contact you by post, e-mail, text or telephone for these purposes, if you have provided this information.

13.2 If we sell our business and/or assets, we may transfer information you have provided to us to any purchaser(s) of our business and/or assets.

13.3 If you do not consent to your information to be used for these purposes, please write to The Data Controller, 164 Buxton Rd, Furness Vale, High Peak SK23 7PH.

14.0 Limitation of Liability

14.1 We will not be liable to you if we are prevented or delayed from complying with our obligations under the Contract by anything you or anyone acting on your behalf does or fails to do.

14.2 We will have no Liability for any Liability caused or contributed to by your continued use of the System after any defect and/or damage to the System has become apparent or suspected or should reasonably have become apparent to you.

14.3 We will have no Liability for defects in the Installation and/or System caused or contributed to by you to the extent so caused and/or contributed.

14.4 We will have no Liability to you except for those caused by any breach of this Contract by us.

14.5 We will have no Liability to you for any Liability neither you nor we could foresee at the date of this Contract.

14.6 We shall have no Liability to you for any.

14.6.1 Consequential losses.

14.6.2 Loss of profits and/or damage to goodwill.

14.6.3 Economic and/or other similar losses; and/or

14.6.4 Special damages and/or indirect losses.

14.7 Our total Liability to you in relation to this Contract shall not exceed 125% of the total price of the System supplied to you under this Contract.

14.8 All warranties, terms, conditions, and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.

14.9 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

• (a) Liability in contract (including fundamental breach).
• (b) Liability for breaches of any duty of care (including negligence).
• (c) Liability for breach of laws imposing obligations on us; and
• (d) Liability for any breach of common law; except for clause 14.7 above which shall apply only once in respect of all of the types of the said types of Liability.

14.10 You will where possible give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so we shall have no Liability to you for that matter.

14.11 You will where reasonable produce to us written evidence of any claims for which you allege we are liable together with written details of how the loss was caused by us and the steps you have taken to mitigate the loss before we shall have any Liability for the claim by you.

14.12 The limitations in this Contract are necessary in order to allow us to provide the System and Installation at their current prices.

14.13 If you require greater protection, then we will agree to modify the limitations above in return for the payment of a higher price for the System and/or Installation.

15.0 Events outside of our control

15.1 We will not be Liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by a Force Majeure Event.

15.2 Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

16.0 Problems with the work we do or damage to your property

16.1 We will use reasonable care and skill when we carry out the Installation and we will use reasonable efforts not to damage your property. In the event that any damage is caused to your property as a result of our undertaking the Installation:

• (a) you must use reasonable efforts to give written notice of the damage within 90 days of the completion of the Installation (or if any damage is hidden from view, within 90 days of the time when you become aware of it); and
• (b) you must give us a reasonable opportunity to repair any damage caused to your property.

16.2 We will use reasonable efforts to minimise the amount of dust and other debris that is caused during the Installation. We will try to advise you about the areas which are likely to be affected and you are responsible for ensuring that any possessions are suitably protected or moved from the areas where the dust or debris is likely to spread.

17.0 Notice of the Right to Cancel

17.1 You have a right to cancel this Contract if you so wish and this right can be exercised by delivering or sending (including by electronic mail) a written notice of cancellation, to Positive Energy Solutions Limited, 164 Buxton Rd, Furness Vale, High Peak SK23 7PH or help@positiveenergysolutions.co.uk within the period of 14 days starting on the date on which this Contract is signed by you. The notice of cancellation will be deemed to have been served as soon as it has been received by us or, in the case of an electronic communication from the day it is sent to us.

17.2 If you wish to cancel this Contract you MUST DO SO IN WRITING and deliver or send (which may include electronic mail) to the business address noted above.

17.3 Should written cancellation be received after the 14-day period as noted in 17.1, your deposit, at the discretion of the Company, will be forfeited. Should the Company have incurred any expense in relation to the signed Contract, such as scaffolding provision, material supply or other, it may at its discretion also raise an invoice to you for these components, all of which will be itemised and noted on the invoice.

18.0 Our Rights to Cancel

18.1 We may cancel this Contract and any other Contract between us by writing to you at any time where:

• (a) you fail to do any of the things you need to do under the Contract between us and this prevents us from carrying out the Installation, or makes the Installation more difficult to carry out; or
• (b) we discover anything while we are carrying out the Installation that prevents us from carrying out the Installation.

18.2 When we write to you to cancel the Contract between us, we will:

• (a) set out the reasons for the cancellation in our letter; and
• (b) refund the Deposit (less any fees relating to work we have carried out).

19.0 Promotional Offers

19.1 From time to time, Positive Energy Solutions Limited may advertise promotional offers, including but not limited to free battery storage upgrades, discounted products, or other time-limited incentives.

19.2 The current free battery storage upgrade offer applies only where a customer purchases a qualifying solar PV system of 5kW or above together with a 5kWh battery storage system. Subject to survey, suitability, product availability and acceptance of quotation, the customer may receive a free upgrade from 5kWh battery storage to 10kWh battery storage.

19.3 The free battery storage upgrade has no cash alternative, is not transferable, and cannot be exchanged for any other product, discount or service unless agreed by us in writing.

19.4 Promotional offers are subject to property suitability, technical survey, system design, available installation capacity, product availability and any relevant permissions or approvals required for the Installation.

19.5 We reserve the right to amend, withdraw or replace any promotional offer at any time without notice. Any offer agreed in writing and included within your accepted Quotation will be honoured, subject to these terms and conditions.

19.6 Promotional offers cannot be used in conjunction with any other offer, discount or promotion unless expressly agreed by us in writing.

19.7 Any reference to 0% VAT is subject to the applicable UK VAT rules in force at the time of quotation and installation. Where VAT rules change, or where the installation does not qualify for 0% VAT, the applicable VAT rate will be confirmed in your Quotation.

19.8 In the event of any conflict between an advertised promotion and the written Quotation accepted by you, the written Quotation shall take precedence.

20.0 General

20.1 The phrase “and/or” shall mean either of the alternatives or both alternatives as the context requires.

20.2 You must ensure that any representation or promise made before or at the time you sign the Quotation that is not included in the Quotation or these terms and conditions or any attached continuation sheets is added in writing to the Quotation and signed by you and by our representative.

20.3 Nothing in this Contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent have no force or effect.

20.4 The Contract constitutes the whole agreement between you and us for the provision of the Installation and supersedes any other terms and conditions previously published by us, and any other representations or statements made by us to you, whether oral, written or otherwise, are excluded (except for any fraudulent representation and/or statement, for which we cannot exclude our Liability).

20.5 We reserve the right to amend these terms and conditions, the Installation and/or the works we supply where we need to do so because of a change in any law or regulation, a change in the funding that is available for these services or a change in the technology that is used for any System.

20.6 Both parties acknowledge that no statement, representation, assurance, or warranty (Whether made negligently or innocently) has been relied on in entering into this Contract (except for the provisions expressly set out in the Contract). Nothing in this clause shall, however, limit or exclude any Liability for fraud.

20.7 You may not transfer or sub-contract any of your rights or obligations under this Contract to a third party.

20.8 We may, at any time, assign and transfer or sub-contract all or any of our rights and obligations under this Contract to another person or organisation, but this will not affect your rights under this Contract.

20.9 Both parties are acting on their own behalf and not for the benefit of any other person.

20.10 No relaxation or delay by us in exercising any right or remedy under these terms and conditions will operate as a waiver of that right or remedy or affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by you and us in writing.

20.11 We may correct any typographical error or omission in any documentation we supply to you including but not limited to these terms and conditions, the Quotation and any attached continuation sheets signed by you and by our representative without any Liability on our part provided that, if the correction has a material impact on the System and/or the works we provide or the price you pay, then we will inform you as soon as possible and offer you the option to cancel this Contract.

20.12 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20.13 A person who is not party to this Contract shall not have any rights under or in connection with this Contract.

20.14 This Contract, and any dispute arising out of it (including any non-contractual disputes or claims) shall be governed by the laws of England and Wales and we both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.