Terms and Conditions - Solar and Heat Pump Maintenance & Servicing
1.1 The Company means Rayotec Limited.
1.2 Thermal means the installation is a solar water heating system for hot water and/or swimming pools and unless specified in writing space heating is not provided for.
1.3 Electricity means the installation is for a solar photovoltaic system for grid connected electricity system.
1.4 ASHP – means air source heat pump
2.0 Quotations & Delivery
2.1 A quotation by the Company does not constitute an offer and The Company may withdraw or revise a quotation at any time before accepting a Customer’s order.
2.2 All quotations are made and orders accepted subject to our express Terms and Conditions and no additions or alterations shall apply unless specifically agreed to in writing by the Company.
2.3 The Company’s acceptance of any oral or written order from the Customer shall be effective only where such acceptance is in writing and duly signed by an authorised representative of the purchasing company.
2.4 The Company will use all reasonable endeavours to complete the works by the estimated date. However, will not be held responsible for delays beyond a reasonable control including, but not limited to, fire, flood, inclement weather, civil disturbance, strike action by others, criminal action or war or delays caused by others. In these circumstances we will complete the work as soon as is reasonably possible.
2.5 The Customer will permit the Company, during normal working hours, to undertake the installation of any service work required.
2.6 The Customer will ensure that all our working areas are free and clear of obstruction and that safe access is provided to both the solar panels and all major plant. If safe access if not provided, the Company will be unable to complete the works, yet the visit will still be chargeable.
2.7 For any replacement of materials deemed faulty, may be replaced with materials of a similar performance and quality when it is reasonably necessary to do so.
2.8 Any delays or interruptions to the installation work caused by the Customer or its sub-contractors will be chargeable by the Company at the current rates quoted in “Spon’s Mechanical and Electrical Service” price book rates.
Payment terms are strictly in accordance to the issued quotation. Failure to comply will result in a 8% above BOE base rate per month surcharge being applied. Any discount offered would be revoked and charged back to the Customer.
4.0 Property & Risk
4.1 Risk in the Goods passes on delivery.
4.2 Until the property in the Goods passes to the Customer the Customer shall hold the Goods on a fiduciary basis.
4.3 The Customer will not part with possession of the Goods.
4.4 The Customer will take proper care of the Goods and take all reasonable steps to prevent loss or damage / deterioration of the Goods.
4.5 The Customer will keep the Goods free from any charge, lien or other encumbrance. The Customer will undertake to store the Goods in such a way as to show clearly that they belong to the Company.
4.6 The Customer will notify the Company immediately upon the happening of any of the events set out in these Terms and Conditions.
5.1 To the extent that any Contract contains any element of design the Company agree to use all reasonable skill and care.
5.2 The Company is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the Company’s prior written approval. The Customer shall indemnify the Company against each loss, liability and cost arising out of such claims
5.3 The Company’s aggregate liability to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the purchase price of the Goods as determined by the net price invoiced to the Customer in respect of any occurrence or series of occurrences.
5.4 The Company will pass onto the Customer the benefit of any warranty given by the manufacturer of the Goods.
5.5 The Company is not liable to the Customer for any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise caused however arising (and whether or not caused by the negligence of the Company, its employees or agents) other than liability for death or personal injury resulting from the Company’s negligence.
5.6 The Company is not liable for any indirect or consequential loss or expenses suffered by the Customer, howsoever caused, and including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contacts, or losses or expenses resulting from third party claims.
5.7. In servicing/ maintenance, the Company will try its upmost to get any systems that are no longer working up and running again. If for any reason, the Company is unable to get the system working again, the Customer is still liable for the labour and any material costs incurred in the attempts to get the system up and running again.
5.8. When solar thermal system or heat pumps are repressurised with antifreeze after a period of low pressure or no pressure, it can cause some weak joints or fittings that were under strain, to fail a short time afterwards. The repair or replacement of these fittings is chargeable.
5.9 We use professional jet filling pumps, if solar thermal pressure drops after we have left then there is most likely a problem with the automatic air vent or pressure relief valve. The replacement of these items will require another visit, which will be chargeable.
6.0. The Company will always get a Confirmation of works form signed at the end of the works. If a representative of the Customer is unavailable at the time of getting this form signed, it will be written within the report.
6.1. If an item within the solar system becomes faulty post service/ maintenance visit, the Company is not necessarily made liable for this fault. If the Company is sent back to site and sees that the fault is due to wear and tear, other fault other than a fault from their visit, the visit and any materials used will be chargeable.
6.1 Unless expressly agreed in writing by The Company, all drawings, designs, specifications and particulars submitted by the Company are approximate only and The Company is not liable for and deviation from them.
6.2 All drawings, designs, specifications and information submitted by the Company shall be treated as confidential and shall not be disclosed to any third party without the Company’s written consent or used by the Customer other than for the purposes authorised by the Company.
6.3 The Company accepts no responsibility for any errors omissions or other defects in any drawings, designs or specifications not prepared by the Company. The Customer shall indemnify the Company against each such loss, liability and cost which the Company incurs arising from them.
6.4 For the absence of doubt nothing contained in this sub-contract shall impose any fitness for the purpose obligation whatsoever on the Subcontractor in respect of the design of the Works or the selection of goods and materials to be incorporated in the Subcontract Works.
7 Force Majeure
71. Neither party shall be liable to the other in any way for any loss or damage arising directly or indirectly through or in consequence of performance being prevented or delayed by happenings or occurrences by reason of any matters or things beyond the control of the respective parties.
8.1 The materials used and the work carried out by the Company is warranted against mechanical and electrical defects arising from faulty workmanship or materials for a period of six months, from the date of repair and commissioning. If the system fails to operate correctly, we undertake to repair or replace, without charge, any parts found to be defective during the warranty period, except where the defect is due to misuse, neglect or damage. The Customer is not allowed to contract any repair work to a third party. Modification to the system or alteration to the controller setting by unauthorised persons is not allowed. The Company will not be responsible for any expenses whatsoever other than repairing or replacing of the defective parts.
8.2 Some materials will have a longer manufacturer’s warranty. This warranty is between the owner of the solar system / heatpump and manufacturer. The Company cannot be held responsible if the manufacturer refuses or fails to replace a faulty unit or pay compensation for whatever reason.
The warranty by the Company is in addition to and separate from the right a purchaser may have under the Sale of Goods Act and under any other legislation.
The output of a solar system will be variable, depending on the amount of solar radiation it receives. No specific amount of output and / or saving can be guaranteed.
Depending on the circumstances, and where and how your contract was agreed you may have a 14 day right to cancel it. Your rights are contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.0 Governing Law
10.1 These conditions and any Contract made under them shall be governed by and construed in accordance with English Law and the Courts of England shall have non-exclusive jurisdiction.
The Customer agrees that on entering into a contract with Rayotec Ltd. The Customer accepts that only the terms and conditions of sale governing the contract are the standard terms and conditions of sales herein stated.
11. Services provided
Your rights under the Consumer Rights Act 2015, state that services should be provided with reasonable care and skill, within a reasonable time, (if no specific time has been agreed) and for a reasonable cost, (if no exact price has been agreed).
If a problem arises we aim to resolve the issue within a reasonable time.
12. Complaints Policy
The Company is committed to providing the highest levels of care to all our customers. If you are in any way dissatisfied with our [product(s)/service(s)], then please let us know as soon as possible. This will help us to continually improve our service to you.
When contacting us, please detail the nature of your complaint, your contact details and indicate your preferred method of communication, e.g. telephone, email.
Rayotec Limited, Unit 5 Trade City, Brooklands Close Sunbury, TW16 7FD, firstname.lastname@example.org
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/