HEAT GEEK HOMEOWNER AGREEMENT

Table of Contents


We are delighted that you are beginning your Air Source Heat Pump journey and considering us to work with you. In this document you will find:

Heat Geek Installations Ltd is a member of the Renewable Energy Consumer Code, member no. 00075650. A leaflet describing the Code is included with this proposal. You can see the full code here:  http://www.recc.org.uk/scheme/consumer-code.

If you have any questions about this document please email us at upgrades@heatgeek.com. If you choose to agree to these terms and conditions by checking the box and entering your initials, our terms of business will become binding, and we will then send you a notification to pay the deposit amount if required.


Before you go ahead:

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 will need to check with your local authority to find out if you need this permission or not.2 

In England and Scotland, some air source heat pumps do not need planning permission, but the rules are complex. 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 http://www.energysavingtrust.org.uk/renewable-energy/heat/air-source-heat-pumps

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.

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:

The property must have:

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. 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 apply for the grant on your behalf. Ofgem will then ask you to confirm that the contract for the installation is in place.

For more information about the Boiler Upgrade Scheme see:

The UK Government’s page on eligibility

Ofgem’s information page

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

3. Insurance

It is recommended that you inform your property insurers about the proposed installation to check if it will increase your buildings 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 small-scale energy generator to you.

4. Deposit

Heat Geek Installations Ltd may require a deposit payment on confirmation of the order. You can find details in the payment milestones section of 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.

5. Data protection

Please be assured Heat Geek Installations Ltd will keep information about you in accordance with data protection legislation and will not pass information to any third party without your permission.

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.

6. Subcontracting installation works

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

Your Installation

1. Timetable for Works and Sub-contracting

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 on the timeline page.

It usually takes 5-10 days to install an Air Source Heat Pump. Your installation will usually take place within 8 weeks of receiving your order, 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.

Please note: For more information about your right to cancel the contract see the ‘Cancellation Period and your right to cancel’ in your quote document.

2. Commissioning the system and handover

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.

Under the rules of the Microgeneration Certification Scheme (MCS) rules, and following the testing and commissioning of the system, we must give you a Compliance Certificate within 10 days of commissioning the system. This certificate confirms that we have met the requirements of the MCS and it details key information about the installation.

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

3. After-Sales Support and Maintenance

Following commissioning, we will explain and provide to you:

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.

4. Guarantees

Your equipment is guaranteed by its manufacturer. The guarantees are available on the Design page of our website.

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

We guarantee our workmanship for 2 years from the date of install. This workmanship warranty will be transferable to the new legal owner of the property if it is sold during the warranty period.

5. Workmanship warranty insurance

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 in your name confirming this.

Your Quote

The final quote amount is available on our website on the Money page after the Heat Geek has completed a design consultation for your home and submitted their proposal.

The quotation is valid for 30 days after which it will expire and you should contact us at upgrades@heatgeek.com for an updated quote.

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 installers’ daily rate which will likely be the range of £400 - £650.

In addition to the quote above, you may have additional costs to pay for planning permission, building control fee and /or a Structural Engineers Survey and/or EPC Assessment.

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

We enclose a copy of Heat Geek Installations Ltd terms of business, please read these carefully as they will form part of the contract between us.

After your system has been installed and commissioned:

If you receive a notification that a final payment is due, you have 14 days to make the payment from the time the notification is sent. If you have financed your home upgrade you will receive a request from the lender to confirm your satisfaction with the installation. Confirmation is due within 14 date of receipt.

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

Performance Estimate

After the design consultation is complete you will find a breakdown of your performance estimate on your Design page.

Complaints

We hope you won’t have any reason to complain about any aspect of our service. But if you do, please contact us either by phone, email or letter using the details below.

Tel: 0808 168 9403

Email: issues@heatgeek.com

Address: Sustainable Workspaces, County Hall, Belvedere Road, London, SE1 7PB

If we cannot resolve the issue, you can take your complaint to RECC. You can read about this here: http://www.recc.org.uk/consumers/how-to-complain

Cancellation

You have the right to cancel this contract during or before the ‘cancellation period’ without giving any reason.

The cancellation period lasts 14 days and starts on the day the last part of the goods relating to the contract is delivered to you. You can also cancel the contract without penalty before any of the goods are delivered.  

To exercise the right to cancel, you must inform us, Heat Geek Installations Ltd, of your decision to cancel by a clear statement via email to upgrades@heatgeek.com. You may use the model cancellation form here but it is not obligatory.

If you cancel within the cancellation period, we will return any deposit you may have paid in full. If you cancel after this time, we may have to charge you, based on the actual costs we have incurred by the time you cancel.

Effects of cancellation within the cancellation period

If you cancel this contract within the cancellation period we will reimburse to you all payments received from you. If you cancel this contract within the cancellation period but after delivery of some or all of the goods, then we will reimburse to you all payments for delivery charges unless you specifically requested an enhanced delivery costing more than our normal service.  In which case we will only reimburse the price of our normal delivery charges.

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.

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.

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.

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.

Starting the installation before the end of the cancellation period

Your 14 day cancellation period starts on the day the last part of the goods relating to the contract is delivered to you. If you want us to start work sooner for any reason, please be aware that you must ask for this in writing and you should describe why you need the work to start within the cancellation period.

Should you later decide to cancel the contract within your 14 day cancellation period, then you will have to pay reasonable charges for goods and services supplied up to the date that you cancel and for making good your property.  


Heat Geek Installations Terms of Business

These Terms of Business are based on a model contract created by the Renewable Energy Consumer Code.

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

The Renewable Energy Consumer Code

The aim of the Consumer Code is to guarantee a high quality experience for consumers wishing to buy or lease small-scale energy generation systems for their homes. The Code is backed by the Chartered Trading Standards Institute (CTSI) as part of a self-regulation initiative: the Consumer Codes Approval Scheme. Members of RECC agree to comply with the Code. See www.recc.org.uk for more information.

The Microgeneration Certification Scheme

MCS membership demonstrates compliance to industry standards that companies strive to meet. Membership highlights to consumers that companies are able to consistently install to the highest quality every time.


1. Acceptance of Proposal

1.1 The Quotation is valid for a period of 30 days from the date indicated. 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.

1.2 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.

1.3 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.

Your Right to Cancel (See Section 9 below for more on your cancellation rights)

1.4 You have the right to cancel this contract during the ‘cancellation period’ without giving any reason.The cancellation period lasts 14 days and will start on the day the last part of the goods relating to the contract is delivered to you. You can also cancel the contract without penalty before any of the goods are delivered.  

1.5 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. If you want to cancel this contract after the Cancellation Period for any reason then you may have to pay costs and we may retain all or part of your deposit and further advanced payments, if made, as a contribution. See paragraph 9.1.1 for more on this.


2. Our MAIN OBLIGATION to you

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 Quote. Under the MCS scheme, only certified companies can enter into a contract with a customer for the sale and installation of a system. Our MCS Certification number is IAA10057.

2.1 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 Quotation. 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.

2.1.1 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 the Consumer Code.

The Timetable

2.2 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.

2.2.1 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.

2.2.2 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.

2.2.3 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 9.2 and 9.3 below. This is in line with the Consumer Code and the Consumer Rights Act 2015.

Consequence of delay caused by us

2.2.4 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control.

2.2.5 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 9.2 and 9.3 of this Contract.

Consequences of delay caused by you

2.2.6 We will seek to accommodate small delays without recourse to compensation.

2.2.7 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 the quote.


3. Our OTHER OBLIGATIONS to you

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

 

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 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.

3.4 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.

3.5 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.

3.6 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 8 of this contract for details.

3.7 We will give you the benefit of our Heat Geek Guarantee in accordance with the terms and conditions of this clause 3.7, subject to clauses 3.7.3 - 3.7.5:

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.

3.7.2 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.

3.7.3 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:

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.

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

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.

3.7.6 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.

3.7.7 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.

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


4. Your MAIN OBLIGATION to us

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

The Deposit

4.1 You will pay us the deposit specified in the Timeline and Money pages 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 Quotation. Should you decide to cancel the contract within the ‘Cancellation Period’ (see section 1.3 of this Contract) we will return that deposit to you in full.

4.1.1 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

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

4.3 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 Quotation.

- 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.

4.4 If we fall into receivership, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in section 8 of this Contract.

Final Payment

4.5 After your system has been installed and commissioned

i) we will issue you with a request for the balance outstanding on the contract price,

ii) if you have financed your home upgrade you will receive a request from the lender to confirm your satisfaction with the installation. Confirmation is due within 14 days of receipt.

4.5.1 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 payment

4.6 If you fail to deliver the amount requested by the due date (which is 14 days after the notification) 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.

Late payment of advance or ‘interim’ payments

4.6.1 If we do not receive payment by the third day after 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.

4.6.2 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, 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.

4.6.3 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.


5. Your OTHER OBLIGATIONS to us

5.1 We will advise you on the approvals and permissions that you may need (which are outlined in the timeline section of our site) 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 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.

Supply of services

5.2 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
  • easy access to the location within the property where the installation is to take place by removing all belongings
  • 5.3 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, then the conditions described in clause 2.2.7 of this contract will apply.

    Additional charges

    5.4 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 may be required to pay reasonable compensation to cover those extra costs. If this happens then section 7 (below) of this contract will apply.


    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 your request in writing; and,

    do so within 14 days of when you first tell us.

    6.3 We will then adjust the price:

    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 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 clause 9.4.


    7 Unexpected Work

    7.1 This document details the daily rate used to calculate costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member.

    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. Delivery, Title & Risk and Workmanship Warranty

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

    8.2 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.

    8.3 We will provide you with details of the insurance scheme we use and you will receive a policy directly from the provider once you have paid the deposit.

    The Client Account

    8.4 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.

    8.4.1 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.

    8.5 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.

    8.6 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.

    8.6.1 If the contract is terminated early for reasons detailed under section 9.4 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.

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


    9 Contract Cancellation

    Your rights

    9.1 Your rights to a cancellation period are detailed in sections 1.4 and 1.5 of this contract.

     

    9.1.1 If you cancel this contract after the period referred to in sections 1.4 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 and further advance payment, if made, as a contribution.

    9.1.2 If you want the work to start during the cancellation period referred to in section 1.4 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 described in section 1.4 then you may be responsible for the costs of the goods and services already supplied and for making good the property.

    9.2 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.

    9.3 Additionally, 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:

    You cannot seek the remedies described in 9.2 and 9.3 if you change your mind about the contract or you decide you no longer want some or all of the components.

    Our rights

    9.4 As detailed in 6.5 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.

    9.5 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.

    9.6 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.


    10 Dispute Resolution

    10.1 If at any time a dispute arises between you and us that cannot be resolved you can refer the matter to be handled through RECC’s dispute resolution procedure provided it falls within their remit, which is disputes relating to the sale and installation of domestic renewable energy systems. We must agree to follow this procedure if that is your wish. RECC is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find further information on the RECC website www.recc.org.uk/consumers/how-to-complain

    10.2 If you register a dispute with RECC it will be allocated to a caseworker, who will mediate between both parties in an attempt to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable timescale.

    10.3 If an agreement is not reached through mediation for any reason, you can refer the matter to RECC’s independent arbitration service and we must agree to arbitration if that is your wish. You would have to pay a small fee directly to the arbitration provider, which may be refunded to you if the arbitrator finds in your favour.

    10.4 An award made under the independent arbitration service will be final and legally binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.

    10.5 Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. Their contact details are as follows:


    Customer Warranty for Installation Services and Products

    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

    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 Warranty Period for the Installation Services shall be two years from completion of the Installation Services

    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).

    Exceptions

    This Warranty will only apply:

    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.

    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.

    Third Party Rights

    Heat Geek Installations Ltd’s 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.

    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.

    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


    Express Request

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

    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.

    There can be occasions however, 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”.

    Please note: 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.


    Cancellation Form

    You have the right to cancel this contract during the ‘cancellation period’ without giving any reason. Cancellation should be communicated by e-mail to upgrades@heatgeek.com

    The Cancellation Notice form linked here may be used to exercise this right.


    Complaints Procedure

    A complaint is any expression of dissatisfaction by our customers where they want us to do something about it.

    Where a customer has a complaint, we will consider it and try to find an agreed course of action to resolve the complaint speedily and effectively to the customer’s satisfaction.

    To find our Complaints procedure please follow this here.