HEAT GEEK HOMEOWNER AGREEMENT

1.1 Planning Permission and Building Control

If your property is a listed building or you are in a conservation area, you may need planning permission. You are responsible for contacting your local planning authority to obtain confirmation that planning permission is not required.¹

Heat Geek Installations Ltd will complete a Building Notice application and submit it to your local authority building control service. There is a fee for this, which is included in the quote.

Domestic air source heat pumps sometimes need planning consent. You should check with your local authority to find out if you need this permission or not.²

In England and Scotland, most air source heat pumps do not need planning permission, but you should get advice from your local planning office for the rules in your area.

For more information: See this Planning Portal for England and Wales, and the EPlanning.Scot Portal for Scotland.

¹ Heat Geek Installations cannot be held responsible for any installations carried out where planning permission was required but not obtained, and we cannot offer refunds in such cases.

² Energy Saving Trust – Air source heat pumps

1.2 Government Funding

Please note that the information given below is correct at the time of this document being issued to you but may be subject to change.

1.2.1 The Boiler Upgrade Scheme

In England and Wales, the government is using the Boiler Upgrade Scheme (BUS) to encourage consumers to install low-carbon heating technologies such as heat pumps. Low-carbon heating systems commissioned on or after 1st April, 2022, will be entitled to support under the scheme with a one-off grant available off the cost of air source heat pump installation.

You may be eligible if you:

• live in England and Wales, own your own home

The property must have:

• a heating capacity requirement of up to 45kW (which covers most homes);
• a valid Energy Performance Certificate (EPC).

New build properties are not normally eligible unless it is a self-build project.

The BUS scheme is not available if you are replacing an existing low-carbon heating system (this includes replacing an existing biomass boiler). The funding is only available for the replacement of fossil fuel boilers (those using oil, gas, or mains electricity to generate heat).

Once your order for the installation is confirmed, Heat Geek Installations Ltd will confirm that you have a valid EPC in place for your property. If this is in place we will apply for the grant on your behalf and Ofgem will then ask you to confirm that the contract for the installation is in place.

If no valid EPC is in place for your property we will be unable to apply for the Boiler Upgrade Scheme on your behalf. Your installation will either:

• be delayed until a valid EPC is in place, or;
• have the value of the Boiler Upgrade Scheme grant added to the balance payable.

1.2.2 You must comply with all requirements of the Boiler Upgrade Scheme. This includes ensuring a valid EPC is in place for your property, providing your permission, confirming your identity and any other follow up requirements from Ofgem, including site audits. If a new EPC is needed, you’ll be responsible for arranging and covering the cost. If you fail to meet your obligations of the Boiler Upgrade Scheme, or your property is found to be ineligible by Ofgem, you will become liable for the value of the grant and this will be payable upon project completion.

For more information about the Boiler Upgrade Scheme see:

• The UK Government’s page on eligibility
• Ofgem’s information page

1.2.2 Home Energy Scotland Grant

The Home Energy Scotland Grant and Loan Scheme offers homeowners in Scotland a grant, an interest-free loan, or a mix of both to support the installation of clean heating systems and energy efficiency improvements.

For clean heating systems, such as heat pumps, homeowners can receive grant funding of up to £7,500, with the option of an additional £7,500 through an interest-free loan.

Homes in rural or island areas are eligible for an additional uplift of £1,500 for both clean heating and energy efficiency grants, allowing these households to access up to £18,000 in total grant funding.

You are eligible to apply for the Home Energy Scotland Grant and Loan Scheme if you own an existing property located in Scotland and it serves as your only or primary private residence.

Receiving benefits is not a requirement to qualify for the Home Energy Scotland Grant and Loan Scheme.

To apply, begin by contacting Home Energy Scotland, a Scottish Government-funded advice service. They will provide you with an application referral, and your Heat Geek proposal will be included as part of your application.

For more information on the Home Energy Scotland (HES) Grant and Loan scheme see:

Home Energy Scotland Grant and Loan page

Applying for the Home Energy Scotland Grant and Loan Scheme is the responsibility of the homeowner. Heat Geek Installations Ltd, as the installer, is unable to apply for the Scheme on the homeowner’s behalf and we bear no responsibility for eligibility for the grant, or the Scheme application process.

1.3 Insurance

It is recommended that you inform your property insurers about the proposed installation to check if it will increase your building’s insurance premium.

Heat Geek Installations Ltd has appropriate insurance to cover possible third-party damage, which may be caused by any of our activities in supplying a low carbon heating system to you.

1.4 Data Protection

Please be assured Heat Geek Installations Ltd will keep information about you in accordance with data protection legislation and will ensure your data will only be used for the purpose of delivering a fully compliant installation. We will only share data with third parties where we are required to do so for the purposes above.

As part of registering your Vaillant product(s), we are required to share some key information with Vaillant and selected third-parties, in order to fulfill the guarantee obligations. By agreeing to this homeowner agreement you give your consent for us to share your contact details with Vaillant so they may send you warranty related documentation, service reminders and product information or recalls.

1.5 Subcontracting Installation Works

Heat Geek Installations Ltd may use subcontractors in accordance with the Renewable Energy Consumer Code (RECC). This means Heat Geek Installations Ltd is responsible for ensuring that all subcontracted works are carried out to standards required by MCS and RECC.

2.1 Timetable for Works

We will agree installation dates with you after the order has been confirmed and we have received your deposit. This information will be available on our website in your account.

2.1.1 ZeroDisrupt Installations

It usually takes around three days to install an Air Source Heat Pump, though this may be longer in some homes. Your installation will take place at a mutually convenient date to yourself and the installer. This will be subject to workload and availability of materials. If we learn of new information that will affect this timetable, we will let you know at the earliest opportunity.

2.1.2 Heat Geek Black Label Installations

For installations that take place under the Heat Geek Black Label proposition it will likely take around five to eight days to install your Air Source Heat Pump, though this may be longer in some properties. The installation timeline will be dependent on property readiness, property owner availability, installer availability, materials availability and completion of any other required works. If we learn of new information that will affect this timetable, we will let you know at the earliest opportunity.

Please note: For more information about your right to cancel the contract see the ‘Cancellation Period and your right to cancel’ in the “Contract Cancellation” section.

2.2 The Installation

2.2.1 Our Design Consultation is a non-intrusive survey, and so there may be existing faults to the home or heating system that cannot be identified during the survey process. Therefore, provision can not be made for these in the system design if they are not disclosed at the point of the design consultation. If, during the installation process we uncover existing unknown or undisclosed faults to the home or heating system, including but not limited to:

• Dirt or blockages within the existing heating system;
• Faulty valves, controls and wiring;
• Leaking or faulty existing pipework and/or radiators;
• Existing works not adhering to the relevant building regulation standards or underperforming against the U-value recorded in the survey due to:
  • poor draft-proofing;
  • poorly installed windows, doors and other openings;
  • underperforming insulation, or otherwise
• Unheated areas within your property, otherwise known as “cold spots”. Your new heating system will almost certainly make the home feel more evenly heated and comfortable than your current system, however we cannot guarantee the system will fix more severe cold spots. Informing your installer of any such areas will allow them to advise on, and/or include if desired, additional radiators or other suitable measures as part of the installation.

Any required investigation work and repair to these items must be wholly funded by the customer and are not the responsibility of Heat Geek Installations Ltd. These faults may not present themselves until work to your existing heating system has already begun.

2.2.2 In the event we uncover an existing unknown or undisclosed fault during the works, your installer can provide a quote for remediations. With your permission, this amount will be added to your final payment amount.

2.2.2.1 In the event that you choose for remediations to be completed by a third party, Heat Geek Installations Ltd accepts no liability for the work undertaken.

2.3 In the event that the customer interferes with the system in any way after the works start and before the system is commissioned, Heat Geek Installations Ltd will take no liability for any faults that arise with the installation as we cannot guarantee that any interference was not the reason for the fault.

2.3 System Commissioning and Handover

2.3.1 As soon as the work is complete, we will commission your system in line with MCS standards to ensure that the system is safe, has been installed in accordance with documented procedures and manufacturer’s requirements and is operating correctly in accordance with the design.

2.3.2 Under the rules of the Microgeneration Certification Scheme (MCS) rules, and following the testing and commissioning of the system, we will give you a Compliance Certificate shortly after the commissioning of the system. This certificate confirms that we have met the requirements of the MCS and it details key information about the installation.

2.3.3 Following the testing and commissioning of the system, we will promptly give you a detailed document pack with information about your system.

2.4 After-Sales Support and Maintenance

2.4.1 Following commissioning, we will explain and provide to you:

• The maintenance requirements and maintenance services available;
• The MCS Certificate;
• The Electrical Safety Certificate;
• Relevant warranty documents; and
• The Commissioning Report.

2.4.2 Please note that there is an obligation on your part to ensure the equipment is serviced annually to the manufacturer’s instructions to be eligible for any warranties.

2.5 Delivery and Title

2.5.1 We will deliver the goods to the address of your home.

2.5.2 In case we fall into receivership, administration or bankruptcy before we deliver the goods to you we will insure the money you pay us in advance. We will also ensure that our guarantees will be honoured should we fall into receivership, administration or bankruptcy during the term of the installer’s guarantee. We may do this through RECC’s Deposit and Workmanship Warranty Insurance (DAWWI) scheme or an equivalent scheme.

2.5.3 We may place your deposit and advance payment made before the goods have been delivered to your property in a special 'client' or other third party account or use the protected payment scheme which the Code administrator has arranged. This money can only be used for work carried out under this contract.

2.5.3.1 If we should fall into receivership, administration or bankruptcy then the money in that dedicated bank account (or held within the protected payment scheme) will be returned to you or passed to another supplier who will complete the work.

2.5.4 Where your money has been used to make specific purchases on your behalf, then legal title to those goods, or the proportion of them you have paid for, will pass to you. We must either deliver them to you or label them as belonging to you. Where we store the goods then we must keep them separate from our own goods and those of third parties. We must also keep the goods stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the goods and/or repossess them.

2.5.5 Goods belonging to us may be delivered to the site. If the contract is terminated early for reasons detailed in section 3.9 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.

2.5.5.1 If the contract is terminated early for reasons detailed under section 3.9 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 advance payment you have already made.

2.5.6 Until ownership of the goods passes to you, you must:

• store the goods separately in such a way that they remain readily identifiable as our property;
• not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and,
• maintain the goods in a satisfactory condition.

2.5.7 Any products damaged during installation shall be replaced free of charge.

2.6 Warranty for Installation Services and Products

2.6.1 The Warranty sets out the terms upon which Heat Geek Installations Ltd offers warranty cover for the Products supplied by it to its Customers, and for the installation services provided by Heat Geek Installations Ltd. Terms defined in Heat Geek Installations Ltd’s Terms and Conditions bear the same meaning when used in this warranty. Your attention is drawn to Heat Geek Installations Ltd’s Terms and Conditions, which includes provisions relevant to the warranty set out below

2.6.2 Installation Services

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

The Workmanship Warranty Period for the Installation Services shall be two years from completion of the Installation Services. This Workmanship Warranty will be transferable to the new legal owner of the property if it is sold during the warranty period. As members of the Renewable Energy Consumer Code (RECC), we are required to have arrangements in place so that your workmanship warranty from us will still be honoured if we should go out of business during the warranty period.

Your workmanship warranty is insured with the IWA. You will receive an individual policy document from the provider in your name confirming this once you have paid the deposit.

2.6.3 Remedial Action

If you make a valid claim about our service in accordance with Heat Geek Installations Ltd’s Terms and Conditions, Heat Geek Installations Ltd may arrange for the relevant products to be reinstalled by any of Heat Geek Installations Ltd registered or approved installers or refund to the customer the charge for the relevant part of the installation service (or a proportionate part of such charge).

2.6.4 Exceptions

This Warranty will only apply:

• If the product has been installed by a Heat Geek Installations Ltd registered installer and has been properly used and maintained throughout the Warranty Period.
• If you have informed Heat Geek Installations Ltd of the alleged defect within the Warranty Period and within a reasonable period of discovery.

2.6.5 General Conditions

You will promptly provide all information and support including access to site and services reasonably necessary to enable Heat Geek Installations Ltd to evaluate any alleged defect and to perform its obligations under this Warranty.

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

2.6.6 Expertise

Any dispute as to whether a defect is covered by this warranty can be handled by the Renewable Energy Consumer Code’s Dispute Resolution Process as detailed in section 9.1 of the Renewable Energy Consumer Code.

2.6.7 Third Party Rights

Where Heat Geek Installations Ltd has installed a system in a property that is sold within the Warranty Period the warranty will pass to the new legal owner of the property. It may not be transferred to or exercised by any third party.

2.6.8 Law

This warranty is governed by English law and the English courts or by the law and the courts governing where your property is if this is outside England or Wales.

2.6.9 Manufacturer’s Product Warranty

Most products supplied by Heat Geek Installations Ltd come with the benefit of a manufacturer’s product guarantee. Where a claim in respect of any of the products is notified to Heat Geek Installations Ltd by you in accordance with the Heat Geek Installations Ltd terms of business, Heat Geek Installations Ltd will liaise with the manufacturer and use all reasonable endeavours to secure a replacement of the product (or the part in question) or a refund of the price of the product (or a proportionate part of the price). This warranty does not replace or limit your legal rights to bring a claim to Heat Geek Installations Ltd as the retailer of the goods supplied

Relevant product warranties will be available on our website, after your system is commissioned, when you long in to your account.

3.1 Acceptance of Proposal

3.1.1 The final quote amount is available on our website in your proposal after the installer has completed a design consultation for your home and the quote has been generated. The quotation is valid for 30 days from the date indicated, after which it will expire and you should contact us at upgrades@heatgeek.com for an updated quote. This quotation will be binding when you accept the terms and conditions by selecting the relevant checkboxes and adding your initials on the proposal section of the site. Please read these terms carefully before signing them. If you need any explanations about them please contact us using the address or telephone number provided. This agreement is governed by English law and the English courts or by the law and the courts governing where your property is if this is outside England or Wales. If your property is in Scotland, this agreement will be governed by Scots law and subject to the jurisdiction of the Scottish courts.

3.1.2 After the design consultation is complete you will find a breakdown of your performance estimate in your proposal.

3.1.3 If you request changes that will involve us in additional time or cost, or if unforeseen additional works are required, we will provide you with a revised quote. Any additional charges will be based on the installer’s daily rate which will likely be the range of £400 - £650.

3.1.4 In addition to the final quote amount, you may have additional costs to pay for planning permission, building control fee and/or a Structural Engineer’s Survey and/or EPC Assessment.

3.1.5 Our quote excludes electrical supply, building or groundworks and any making good, all as shown in our terms of business.

3.1.6 To accept our proposal please tick the relevant boxes to accept the proposal and enter your initials.

3.1.7 After you have signed your proposal and paid the required deposit amount, the agreed installation price is valid for install dates up to 3 months from the date of signing. If the installation date is scheduled beyond this timeframe, we reserve the right to withdraw and/or alter the agreed installation price, on the basis of:

• aligning with new installation standards;
• adapting prices in line our updated cost basis;
• withdrawing products that are no longer available; or
• other material changes.

3.1.8 In exceptional circumstances, we may have to alter prices within 3 months from the date of signing the proposal. In this event, we will contact you to agree any required changes.

3.2 Our Main Obligation

3.2.1 Our main obligation to you is to do the work with all reasonable care and skill according to the standards set by the Microgeneration Certification Scheme (MCS) and according to the timetable set out in the proposal.

3.2.2 We agree to carry out the work with all reasonable care and skill in the planning, installation and commissioning of the system described in the proposal.

3.2.3 The goods we supply will:

• be of satisfactory quality;
• be fit for purpose;
• operate as we described to you; and,
• match the model you have seen or examined.

3.2.4 We will inform you, via our website, the name of any contractor engaged by us to undertake the installation of your system and we will take full responsibility for their work and their compliance with RECC.

3.2.5 We agree to supply the goods and carry out the installation work as specified in the timetable that we have agreed with you. Your acceptance of these terms indicates that you agree to proceed using that timetable.

3.2.6 We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control. Such reasons may include, for example, severe weather. We cannot be held responsible for those delays. If such delays occur we will tell you as soon as possible and we will adjust the timetable by mutual agreement which we will then confirm by email.

3.2.7 In the case of a delay to the delivery of goods beyond the time or period we have agreed, or where no time or period has been agreed then beyond a period of 30 days from the date you agree to the proposal, then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified. You can either accept that offer, wait for the products you ordered or choose to cancel the contract as detailed in section 3.8 below. This is in line with the Consumer Code and the Consumer Rights Act 2015.

3.2.8 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control. In the case of an unreasonable delay to the installation for reasons that are within our control then you can cancel the contract as detailed in section 3.8 of this Contract.

3.2.9 We will seek to accommodate small delays without recourse to compensation. If any delay caused by you means that we incur extra costs then we will adjust the price accordingly. The hourly and daily costs that result from any unexpected work are described in section 3.7.

3.3 Our Other Obligations

3.3.1 We will carry out the work and all communication with you according to the Renewable Energy Consumer Code.

3.3.2 We will ensure that the installation complies with the relevant MCS installer standard which in this case is MIS 3005 I & MCS 3005 D.

3.3.3 Once the installed system is commissioned we will give to you any guarantees, test certificates and other relevant paperwork related to your goods and installation. We will aim to give you this when the system is commissioned but certainly no later than seven days after commissioning.

3.3.4 We will also give you all of the documentation required as detailed in the appropriate Microgeneration Installation Standard. If it is a requirement of the appropriate MIS installer standard, this will include the certificate showing that the installation has been registered with the MCS Installation Database. We will give you this within 10 working days of the commissioning date.

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

3.3.6 We will ensure that the guarantees will be honoured should we fall into receivership, administration or bankruptcy during the term of the installer’s guarantee. Please see Section 2.6 of this contract for details.

3.3.7 Heat Geek Guarantee:

We will give you the benefit of our Heat Geek Guarantee in accordance with the terms and conditions of this clause 3.3.7, subject to clauses 3.3.7.1 - 3.3.7.8:

3.3.7.1 we guarantee that for a period of 5 years starting on the date on which it is commissioned, your air source heat pump will achieve the overall efficiency quoted in your design. Please note that as this is an “overall” efficiency, the purpose of the guarantee is not to promise that the overall efficiency will be achieved at all times as there are many factors which can influence this. It does, however, promise that during any period of 365 days during the guarantee period you should not experience re-occurring or persistent significant failures reaching the overall efficiency.

3.3.7.2 where the overall efficiency is not achieved, please contact us before the expiry of your guarantee and we will, at no further cost to you, arrange to attend the property and conduct any remedial action necessary to upgrade the system performance of the air source heat pump to enable it to achieve the overall efficiency.

3.3.7.3 the overall efficiency can only be measured over a period of 365 days of the system being in commission (a whole heating season). The overall efficiency will be measured via the monitoring system when we install your air source heat pump or at a later stage and you agree to:

• allow us to install a monitoring system; and
• sign up to and grant access to your data via the dedicated portal

as a condition of us providing you with this guarantee. The monitoring system will allow us to see external and internal temperatures, electricity consumption data and various other characteristics of your heating system for monitoring purposes. You consent to this information being shared with us and it will only be used to ensure that the air source heat pump is operating correctly, to remedy any identified issues and to investigate any claims made under this guarantee. We reserve the right to choose the measurement or monitoring metric that is used for this guarantee.

3.3.7.4 you will be unable to make a claim under the guarantee in the following circumstances:

• where the manufacturer’s servicing requirements have not been met for all serviceable parts sold to you as part of our proposal;
• where you refuse us access to the property to investigate an issue or conduct any remedial action;
• where, in our reasonable opinion, suitable water treatment processes (VDI2035) have not been followed annually;
• where instructions on control strategy (as configured at point of commission) have been significantly deviated from;
• where there have been extreme weather conditions;
• where the thermal envelope of the property has not been maintained per the heat loss calculations performed at the point of install, such as windows and doors being left open for an abnormal amount of time, causing the Air Changes per Hour as calculated to be significantly deviated from;
• if you do not allow us access to your property to install or use a monitoring system; and
• where the failure to achieve the overall efficiency is due to other factors outside of our control.

3.3.7.5 Our maximum liability under this guarantee is limited to:

• (a) if your air source heat pump and installation were paid in full at or around the time of installation, the purchase price of the air source heat pump and its installation that was paid to us, or
• (b) if you have only partially paid for your air source heat pump and its installation, the amount that was already paid. We will not be liable for any other costs or losses, including but not limited to, loss of income, loss of use of the equipment, your failure to get the appropriate permissions to install an air source heat pump or any redecoration or alteration works. In addition we will not be liable to you for any amount granted under any Government funding schemes.

3.3.7.6 By making a claim under this guarantee you are agreeing to allow us to carry out any and all repairs or replacements we deem necessary in order to achieve the overall efficiency. We reserve the right to attempt a minimum of three opportunities to fix any identified issue that may be preventing the overall efficiency from being reached.

3.3.7.7 If we have, in our reasonable opinion, exhausted all possible methods for fixing your air source heat pump to achieve the overall efficiency and we deem that the overall efficiency can still not be reached we will refund you:

• (a) if paid in full for your air source heat pump and installation at or around the time of installation, the purchase price of the air source heat pump and its installation that was paid to us, or
• (b) if only partially paid for your air source heat pump and its installation, the amount that you have already paid.

3.3.7.8 We reserve the right to amend or withdraw this guarantee for future purchases at any time.

3.4 Your Main Obligation

Your main obligation to us is to complete the payments due to us.

The Deposit

3.4.1 Heat Geek Installations Ltd may require a deposit payment on confirmation of the order. You can find details in your proposal. If you pay a deposit it will be insured with IWA so that you can get the job completed or your money back in the unlikely event we cannot deliver your equipment because we have gone out of business.

3.4.2 You will pay us the deposit specified in your proposal after you agree to our Terms and Conditions by selecting the relevant checkboxes and entering your initials. The deposit cannot be more than 25% of the total contract price set out in the proposal. Should you decide to cancel the contract within the ‘Cancellation Period’ (see Section 3.8 of this Contract) we will return that deposit to you in full less any reasonable charges for administration, for example to account for payment fees or applications made on your behalf since the deposit was made.

3.4.2.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will refund that deposit to you in full within two weeks.

Advance Payments

3.4.3 The proposal we have given to you must explain when invoices will be sent and the amount due for each payment.

3.4.4 We may require you to pay a further advance payment no more than three weeks before the agreed delivery or installation date but only if this is explained to you in your quotation. This further advance payment will only be used for work under this contract, for example for purchasing goods.

• if we do not deliver any goods to you before installation then such a further advance payment, taken together with the deposit, will under no circumstances be more than 60% of the total price in the proposal.
• we may use your further advance payment to purchase goods and deliver them to you. If we do this, and only if title to those goods transfers to you, the sum used to purchase those specific goods will no longer represent an advance payment.

3.4.5 If we fall into receivership, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in Section 2.6 of this Contract.

Final Payment

3.4.6 After your system has been installed and commissioned, we will issue you with a request for the balance outstanding on the contract price. Final payment is due within 14 days of receipt of notification.

3.4.6.1 In the event of any alleged minor defect with the goods or installation, then you shall not be entitled to withhold more than a proportionate amount of the sum due. If you do withhold any amount after the due date because of any alleged minor defect, then you must give us as much notice as possible and state the reasons you are withholding the payment.

Consequences of Late Final Payment

3.4.7 If you fail to deliver the amount requested by the due date (14 days after notification) then we may charge interest until the full amount is paid. The interest rate we charge will be at the annual rate of 3% above the base rate set by the Bank of England. If you are having difficulty paying you must contact us as soon as possible to discuss this.

Late Payment of Advance or ‘Interim’ Payments

3.4.8 If we do not receive advance payment by the third day after such payment is due, then we may give you written notice that we intend to stop work on the installation. Once we have sent you this written notice, we may suspend all work until payment is made.

3.4.8.1 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, 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.

3.4.8.2 We may require you to return and deliver up the goods to us. Failing this we will take legal proceedings to recover the goods or their outstanding value.

3.4.8.3 We will not be responsible for any costs or losses you sustain or incur arising directly from suspension of our work on an installation, where the suspension is as a result of failure to send advance payment.

3.5 Your Other Obligations

3.5.1 We will advise you on the approvals and permissions that you may need (which are outlined in the Pre-requisites section of the proposal) but 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. Heat Geek Installations Ltd will not be liable for any installations carried out where planning permission was required but not obtained and we cannot offer refunds in such cases.

3.5.2 You agree to:

1. provide us with clear, timely and consistent instructions, and respond fully, frankly and quickly to our requests for information and co-operate with us and those we instruct on your behalf in good faith. The information you give us must be full and accurate, to the best of your knowledge and belief. We do not verify the information you give us, unless we have expressly agreed in writing to do so; and
2. tell us as soon as reasonably possible if your contact details change
3. frequently monitor your email address provided at account registration, as essential information regarding your installation and actions you are required to take will be directed to this address.

3.5.3 You must provide the following for our use free of any charge:

• water, washing facilities and toilets;
• electricity supply;
• adequate storage space;
• safe and easy access to your property from the public highway; and
• easy access to the location within the property where the installation is to take place by removing all belongings

3.5.4 You, or a contractor you employ, may need to carry out preparatory work before the installation, as described in the Pre-requisites. If so, we will describe this to you in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start or completed to the required quality, then the conditions described in clause 3.2.9 of this contract will apply.

3.5.5 Should you be in breach of conditions set out in section 4 of this contract you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs. If this happens then section 3.7 of this contract will apply.

3.5.6 We many terminate the contract immediately on notice to you, unless prohibited by applicable laws, where:

• you cannot give us clear or proper instructions on how we are to proceed with respect to a particular matter; or
• continuing the works risks reputational damage to us.

3.6 Change of Work

3.6.1 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.

3.6.2 If we agree to this change of work you must:

• confirm your request in writing; and,
• do so within 14 days of when you first tell us.

3.6.3 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.

3.6.4 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.

3.6.5 If, in the final design we present to you, the installation differs significantly from what we have described to you, we will draw this to your attention in writing and you will be able to cancel the contract as detailed in section 3.8.

3.7 Unexpected Work

3.7.1 This document details the likely daily rate range of £400 - £650 used to calculate costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member.

3.7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 3.6 of this Contract will apply.

3.8 Contract Cancellation

3.8.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into effect in June 2014 and are relevant to domestic/consumer contracts.

3.8.2 For ‘off-premises’ and ‘distance’ sales contracts the cancellation period starts when the customer signs the contract and ends 14 days after all of the goods relating to the contract are delivered to the customer’s home.

3.8.3 You have the right to cancel this contract during the ‘cancellation period’ without giving any reason. You can also cancel the contract without penalty before any of the goods are delivered.

3.8.4 If you cancel this contract within the cancellation period but after delivery of some or all of the goods then you may have to bear some or all of the cost of returning the goods. The cost is estimated at a maximum of approximately 20% of the costs of the goods.

3.8.5 Express Request

There may be occasions when both the company and the consumer want the work to start within the cancellation period. Under the regulations the consumer can make an ‘express request’ confirming that they are happy for work to begin within the “cancellation period”. If you and we agree that we want the work to start during the cancellation period then you must request this in writing and sign the request. If we start the work on the installation and you later decide to cancel the contract within the cancellation period then you may be responsible for the costs of the goods and services already supplied and for making good the property.

If you make an ‘express request’ for the work to start, you can still cancel within the cancellation period as long as the installation is not completely finished. However, if you do cancel after making the ‘express request’ you will be liable for any work performed up to the point of cancellation.

The regulations state that an express request must not be included as a section within the printed contract form or order form and must be a completely separate document. Please see here for a link to our Express request process.

3.8.6 To cancel this contract you must inform us of your decision by a clear statement by email to Heat Geek Installations Ltd at upgrades@heatgeek.com. You can also use the cancellation form here, but this is not obligatory. Any advanced payments you have made will be returned to you.

3.8.7 If you want to cancel this contract after the Cancellation Period for any reason then you may have to pay compensation for costs or losses reasonably incurred. We will try to keep these costs to a minimum. We have a right to retain all or part of your deposit and further advanced payments, if made, as a contribution. See Section 3.8 for more on this.

3.8.8 If there is a delay to the delivery of goods or installation for reasons that are outside your control then you will be entitled to cancel the contract and receive a full refund. This is in line with the Consumer Code and the Consumer Rights Act 2015.

3.8.9 We will make the reimbursement without undue delay, and not later than:

• 14 days after the day we receive back from you any goods supplied; or
• 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.

3.8.10 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

3.8.11 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.

3.8.12 If we are in breach of our obligations as detailed in this contract then you have a range of remedies that will apply depending on the circumstances. If we breach the contract for the supply of services, then you are entitled to:

• a repeat performance of the service; or
• a price reduction.

If any of the goods that we supply are faulty, incorrectly installed, incorrectly described, or not fit for purpose, you can:

• request a repair or a replacement; or,
• reject the goods and claim a refund or claim compensation.

You cannot seek the remedies described if you change your mind about the contract or you decide you no longer want some or all of the components.

3.8.13 As detailed in 3.6 above, you will be able to cancel the contract (and have any deposit or advance payment refunded) if, in the final design we present to you, the installation differs significantly from what we have described to you.

3.8.14 If you are in 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 put right the alleged breach.

3.8.15 If we suffer a loss as a result of your breach of contract, we will 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 reasonable costs or losses reasonably incurred.