TERMS & CONDITIONS OF CONTRACT FOR PROJECT WORKS

1. DEFINITIONS

1. OPTIMUM ENERGY SOLUTIONS LIMITED: whose Registered Office address Kemp House, 152 - 160 City Road, London, Greater London. EC1V 2NX

2. The Contract: means the offer for the supply of goods and/or services by OPTIMUM ENERGY SOLUTIONS LIMITED in the form of the Quotation, these Terms & Conditions and the acceptance of the offer by the Client. 

3. The Services: means the goods and/or services to be provided by OPTIMUM ENERGY SOLUTIONS LIMITED either directly or through others in accordance with the Quotation. 

4. The Client: means the person stated in the OPTIMUM ENERGY SOLUTIONS LIMITED Quotation. 

5. 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 OPTIMUM ENERGY SOLUTIONS LIMITED and the Client. 

6. The Quotation: means the quotation attached to these Terms & Conditions, OPTIMUM ENERGY SOLUTIONS LIMITED to the Client.

7. Every Quotation or any variation subsequent to the initial Quotation will be subject to these Terms & Conditions. These Terms and Conditions will prevail over any conditions of purchase of the Client unless otherwise accepted in writing by OPTIMUM ENERGY SOLUTIONS LIMITED. No variation shall be valid unless committed to writing and signed by both parties.

 

2. PERIOD OF ACCEPTANCE

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 by signing the Order Form constitutes an acceptance of the offer in the Quotation and these Terms and Conditions of Contract.

 

3. PERSONNEL PERFORMING THE SERVICES

1. The Services shall be carried out by suitably qualified personnel.

 

4. SERVICES

1. The Quotation is based upon information supplied by the Client to OPTIMUM ENERGY SOLUTIONS LIMITED. If information is found to be inadequate OPTIMUM ENERGY SOLUTIONS LIMITED will not accept liability and the Client will reimburse OPTIMUM ENERGY SOLUTIONS LIMITED for any extra costs as necessary.

2. The obtaining of any necessary licences, permits, consents, or approvals necessary to enable OPTIMUM ENERGY SOLUTIONS LIMITED to provide the Services to the Client will be the responsibility of the Client. Nothing in these Terms and Conditions will absolve OPTIMUM ENERGY SOLUTIONS LIMITED of its duties and responsibilities under the law regarding health and safety. 

3. OPTIMUM ENERGY SOLUTIONS LIMITED reserves the right to change specifications and equipment with models of a similar performance.

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5. PRICE

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 price shall be adjusted accordingly.

2.If OPTIMUM ENERGY SOLUTIONS LIMITED 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.

3. All requests for changes or additional work must be agreed in writing by both parties. If no instruction is received from The Client within 7 days, the works will be carried out in accordance with the original Contract.

4. The Quotation price is fixed for a period of 3 months from date of order. Where goods and services are provided after this period, OPTIMUM ENERGY SOLUTIONS LIMITED will confirm in writing any applicable price increases to be applied to the Contract.

 

6. PAYMENT TERMS

1. Unless otherwise agreed in writing, our standard payments terms are:

·         25% of total contract value payable on the accepted quotation and prior to completion of technical site survey 

2. The balance of payments for each section of the project, heat pump, heating distribution, drilling, MVHR will be as follows:

·         35% Payable on confirming your installation date in our scheduled and ordering equipment to meet this date. Please allow 4 – 6 weeks from receipt of payment and our equipment and materials delivered to site.

·         30% Payable on the day we arrive onsite to complete the installation.

·         10% Payable on the day we complete our scheduled engineering works

·         Full balance of drilling works payable on completion.

 

7. PAYMENT

1. Payments shall be made by the Client to OPTIMUM ENERGY SOLUTIONS LIMITED in accordance with the stage payments set out in the Quotation. An invoice for the first stage payment will be raised when the Client’s signed Order Form is received. 

2. The Client shall pay OPTIMUM ENERGY SOLUTIONS LIMITED further invoiced sums within seven days of receipt of an invoice. Interest will be payable at the rate of eight per cent per annum above Barclays Bank base rate on all overdue payments. 

3. Should you wish to cancel the Contract within the 7 working day cooling off period, the cancellation form provided with the quotation must be returned to OPTIMUM ENERGY SOLUTIONS LIMITED.

4. Should you wish to cancel the Contract after the 7 working day cooling off period; the Company reserve the right to charge for any reasonable costs incurred up to that point. 

5. For consumer purchases governed by the RECC code, a 14-day cooling off period shall apply.

 

8. RISK AND OWNERSHIP

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.

2. Notwithstanding delivery and passing of risk in the goods, where client monies have been used to make specific purchases on their behalf, then legal title to those goods or the proportion of them that have been paid for, will pass to the client. 

3. Until title passes, the Client shall hold any goods supplied under this Contract for OPTIMUM ENERGY SOLUTIONS LIMITED and shall mark them so that they can always be identified as being in the ownership of OPTIMUM ENERGY SOLUTIONS LIMITED. 

4. Where title has passed to the Client, EOPTIMUM ENERGY SOLUTIONS LIMITED shall hold any goods supplied under this contract for the Client and shall mark them so that they can always be identified as being in the ownership of the Client.

 

9. WARRANTY

1. Full equipment and material warranty information is provided by the manufacturer. OPTIMUM ENERGY SOLUTIONS LIMITED will organise the replacement of faulty equipment or materials under the terms of the warranty. The Client should advise OPTIMUM ENERGY SOLUTIONS LIMITED 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.

2. Manufacturer warranty is transferable from the customer of OPTIMUM ENERGY SOLUTIONS LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to or exercised by any third party. 

3. Unless stated otherwise in the Quotation, OPTIMUM ENERGY SOLUTIONS LIMITED 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 OPTIMUM ENERGY SOLUTIONS LIMITED 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.

4. For the avoidance of doubt, where material warranty excludes labour and associated costs of replacement, OPTIMUM ENERGY SOLUTIONS LIMITED shall not be liable for any labour and associated costs.

5. The Services warranty is transferable from the customer of OPTIMUM ENERGY SOLUTIONS LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to or exercised by any third party. 

6. In the event of a valid warranty claim by the Client, OPTIMUM ENERGY SOLUTIONS LIMITED shall be entitled (at OPTIMUM ENERGY SOLUTIONS LIMITED discretion) either to repair or replace the defective part of the Services free of charge and OPTIMUM ENERGY SOLUTIONS LIMITED shall have no further liability to the Client in respect of consequential loss.

 

10. INDEMNITY AND INSURANCE

1. OPTIMUM ENERGY SOLUTIONS LIMITED 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 during work under the Services to be provided.

 

11. LIABILITY OF OPTIMUM ENERGY SOLUTIONS LIMITED

1. OPTIMUM ENERGY SOLUTIONS LIMITED 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.

2. OPTIMUM ENERGY SOLUTIONS LIMITED shall not be liable for any requirements of third-party grant funding schemes and their associated terms and conditions.

3. The liability of OPTIMUM ENERGY SOLUTIONS LIMITED 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.

4. OPTIMUM ENERGY SOLUTIONS LIMITED accepts no liability for any effect of direct or indirect works may have on 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.

5. OPTIMUM ENERGY SOLUTIONS LIMITED shall be reliant upon information provided by the Client, it’s Architects, Engineers and other contractors and no liability is accepted by OPTIMUM ENERGY SOLUTIONS LIMITED for the adequacy or correctness of such information. If basic design information is not provided by the Client and OPTIMUM ENERGY SOLUTIONS LIMITED derives its own figures 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.

6. OPTIMUM ENERGY SOLUTIONS LIMITED will always install equipment as per manufacturer instruction and industry standards. However, OPTIMUM ENERGY SOLUTIONS LIMITED cannot accept liability for any difference in manufacturer laboratory tested performance versus actual site performance due to the uncontrolled nature of the site and usage of the equipment. 

7. OPTIMUM ENERGY SOLUTIONS LIMITED will use beat endeavours to meet agreed project time scales. In the case of major delay to the delivery of goods and services outside of the control of OPTIMUM ENERGY SOLUTIONS LIMITED, equivalent goods or services may be offered. In the case of major delay to the delivery of goods and services within the control of OPTIMUM ENERGY SOLUTIONS LIMITED, the Client may cancel the contract and be refunded in full.

8. If OPTIMUM ENERGY SOLUTIONS LIMITED are in serious breach of our obligations under these Terms and Conditions, then you have a right to cancel the contract and receive an appropriate refund, or request repair/replacement, or request compensation. You may seek these 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.

 

 

12. FACILITIES TO BE SUPPLIED ON SITE TO OPTIMUM ENERGY SOLUTIONS LIMITED

1. Where the performance of the Services includes installation or commissioning of equipment at a site, the following services shall be provided to OPTIMUM ENERGY SOLUTIONS LIMITED free of charge

a. Off-loading, dry storage and protection of equipment and materials.

b. Waste disposal facilities.

c. Movement of equipment and materials from storage to location of installation.

d. Protection of partially complete and complete installations.

e. Free and adequate water supply adjacent to the point of use.

f. Free and adequate temporary electrical power and lighting at point of use.

g. Washing and toilet facilities.

h. Electrical and plumbing connections and the work of other trades including necessary attendance during commissioning.

 

13. RETURNS POLICY

 

·         All customers must give OPTIMUM ENERGY SOLUTIONS LIMITED prior notification of their intention to return goods so a Request for Restocking Form can be provided.

·         All returns will be subject to a restocking fee of a minimum of 50%

·         The Request for Restocking Form must be completed in full and returned via email for approval prior to the goods being returned.

·         A copy of the completed Request for Restocking Form must be returned with the goods.

·         Goods bought in especially for a project will not be restocked. (i.e. non-stock items)

·         All goods must be in A1 re-sellable condition. I.e. Sealed Bags and original boxes if applicable etc.

·         All goods will be subject to inspection once received by OPTIMUM ENERGY SOLUTIONS LIMITED.

Please note any goods received without the Request for Restocking Form will be put into quarantine and no further action will be taken.

 

14. GENERAL

1. OPTIMUM ENERGY SOLUTIONS LIMITED shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.

2. This document shall be governed by English law.