Application and entire agreement

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by KumarElectrix Limited a company registered in England and Wales under number 10292192 whose registered office is at 79 Portland cr Stanmore Harrow HA7 1LY (we or us) to the person buying the services (you).

2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A “business day” means any day other than a Saturday, Sunday or bank holiday.­­

5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6. Words imparting the singular number shall include the plural and vice-versa.

Services

7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your obligations

10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

11. If you do not comply with clause 10, we can terminate the Services.

12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees and Deposit

13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.

16. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

17. You must pay a deposit (“Deposit”) as detailed in the quotation at the time of accepting the quotation.

18. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).

19. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

Cancellation and amendment

20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).

21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

22. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

24. We will invoice you for payment of the Fees either:

a. when we have completed the Services; or

b. on the invoice dates set out in the quotation.

25. You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

26. Time for payment shall be of the essence of the Contract.

27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

29. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

30. Receipts for payment will be issued by us only at your request.

31. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and assignment

32. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

33. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

34. We can terminate the provision of the Services immediately if you:

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make pay any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

35. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

36. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control

41. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

42. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

43. Notices shall be deemed to have been duly given:

a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c. on the fifth business day following mailing, if mailed by national ordinary mail; or

d. on the tenth business day following mailing, if mailed by airmail.

44. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

45. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

46. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

47. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Our company reserves the right to change or modify the terms and conditions without prior notice.

The aim of RECC 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’s requirements. See recc.org.uk for more information.

The Microgeneration Certification Scheme

MCS certification 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

The Quotation is valid for a period of 30 days from the date indicated. If you wish to proceed then you must sign both copies of this Contract, return one of these to our address and keep the other for your records. No contract is in place until we send an acknowledgement of the order to you.

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.

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

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.

To cancel this contract you must inform us of your decision by a clear statement by letter sent by post or email Kumarelectrix Limited, 79 Portland cr, HA7 1LY or contact form at www.kumarelectrix.co.uk, customerservice@kumarelectrix.co.uk, . You can also use the attached cancellation form, but this is not obligatory. Any advance 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 advance payments, if made, as a contribution. See paragraph 9.1.1 for more on this.

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 on page 1 of these terms.
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.

We will inform you in writing of 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

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

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 written agreement.

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 sign this contract, 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

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 9.2 and 9.3 of this Contract.

Consequences of delay caused by you
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 the quote.

3. OUR OTHER OBLIGATIONS

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

We will ensure that the installation complies with the relevant MCS installer standard which in this case is MIS [ ].

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.

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.

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.

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.

4. Your MAIN OBLIGATION to us is to make the payments due to us

The Deposit

You will pay us the deposit specified in the Quotation when you sign this agreement. 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.

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

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

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.

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

We will issue you with an invoice for the balance outstanding on the contract price. This will become due only after the installation has been completed.

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

If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be [2.5] % above the base rate set by the Bank of England.

Late payment of advance or ‘interim’ payments

If we do not receive payment by the seventh 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.

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.

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

We will advise you on the approvals and permissions that you may need 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.

Supply of services

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.

You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Quotation can start. 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

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

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.

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.

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.

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

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

The Quotation given to you details the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member.

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 AND RISK and WORKMANSHIP WARRANTY

We will deliver the goods to the location detailed in the Quotation.

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 will provide you with details of the insurance scheme we use and you will receive a policy directly from the provider once you have signed the Contract.

[The Client Account

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. This money can only be used for work carried out under this Contract. 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.]

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.

Goods belonging to us may be delivered to the site. If we have delivered goods to you and the contract is brought to an end early for reasons detailed in clause 9.3 and 9.4 of this Contract, you must make the goods available for collection by us. Once we have collected the goods, we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not make the goods available for collection or otherwise return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.

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.

9. CONTRACT CANCELLATION

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

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.

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.

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.

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 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

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.

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.

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

As we are members of RECC, 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, and relates 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 information about making a complaint to RECC on the RECC website recc.org.uk/consumers/how-to-complain. Alternatively, you may wish to seek legal advice about taking court action.

Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body. Their contact details are as follows: https://mcscertified.com/about-us/contact-us/