- The Customer (as defined below) wishes to receive the service (as defined below).
- The Company (as defined below) agrees to nominate a contractor (as defined below) to provide the service to the customer.
- The Customer agrees to provide the company with the Customer Data (as defined below) and consents to the Company transferring the customer Data within the Company and related parties Group (as defined below) and to the contractor and other relevant third parties.
- These terms and conditions govern the relationship between the customer and the company and the basis upon which the customer data is supplied.
Company: Victorian insulation Ltd is incorporated and registered in England and Wales with company number company number 11170863 Whose registered office is at Unit 30, B & S Business Centre, 505-507 Saffron Ln, Leicester LE2 6JW.
Installer: The installer or the installers nominated to the customer by the company to provide the Services under ECO and/ or the Green Deal scheme.
Customer: The customer on the assessment from completed by the Green Deal Assessor at the time of assessment.
Third party- A person who is not a party to the contract shall not have any right under or in connection with it.
Customer Data: the Data or information including any Personal Data, in whatever form provided by the customer.
Data Controller: has the meaning set out in section 1(1) of the Data Protection Act 1998.
ECO project: the Electricity and Gas (Energy Company Obligation) Order 2012 SI No 3018 and all regulatory requirements, directions, practise notes from time to time issued by Ofgem and/or the department of Energy and Climate change.
Insulation material: Product what we use As an example, Cavity wall – CWI 18 White wool, Loft and RIR – URSA Or Knauf Loft Roll..etc
EEA: The European Economic Area
Green Deal assessor: A person carrying out a green deal assessment
Green Deal assessment: The assessment to be carried out at properties in accordance with the green deal scheme, guidelines and the green deal code of practise, from time to time in force
Green Deal Scheme: The energy saving scheme and frame work created through the energy act 2011
Group: Has the meaning set out in section 474 of the companies act 2006.
Materials: any materials required by the contractor to provide the service.
Permitted Purposes: The purposes more specifically described in clause 3.2.
Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998, and relates only to personal data, or any part of such personal data, in respect of which the Company is the Data Controller.
Processing and Process: have the meaning set out in section 1(1) of the Data Protection Act 1998.
Price: any price stated on the documents completed by the Green Deal Assessor at the time of the visit to the # Customer’s property.
Services: the ECO and/or Green Deal scheme finance, installation and related services to be provided and/or carried out by the contractor.
a) Any quotation given by the company shall not constitute an offer and is only valid for a period of (21) business days from its date of issue. Under the ECO project, Shelter 4 Green Deal Ltd or nominates the installers to provide the service to the customer and the Installer will take the final decision about the property insulation work. It will depend on the availability of funds and the suitability of the Property then the installation and related services to be carried out by the installer. Shelter 4 green deal and the installers , will not be liable for any losses or damages.
b) The quotation includes the cost of the making of all but does not include and does not involve with the lifting or re-laying of fitted carpets or other floor coverage of any redecoration.
c) The cost of additional work , such as scaffolding to provide access for working , is the responsibility of the customer. And also Charges and payment for the services are set out in the form. If there is any changes with charges or insulation method, the installer shall notify the customer in any such event.
a) The company shall supply the services to the customer in accordance with the speciation in all material respects.
b)The company shall use reasonable endeavours to maintain or improve upon the notified date for installation. If the company is unable to meet any specified installation date, owing to circumstances beyond its control, it will seek to come an agreement with the customer on a mutually convenient alternative date for such installation. In all circumstances, any such dates shall be estimates only and time shall not be of the essence for performance of the service.
c) The company membership of specific trade bodies, , Cavity Insulation Guarantee Agency (CIGA), Ensures that workmanship is of a consistently high standard and the health and safety implication are regularly reviewed and the company warrants to the customer that the services will be provided using reasonable care and skills.
d) The company shall have the right to make any changes to the services which are necessary to comply with law or safety requirement or which do not materially affect the nature or quality of the services and the company shall notify the customer in any such event.
e) Victorian insulation Ltd or Installer , will not be liable for any losses or damages you may incur when dealing with insulation work and also Victorian insulation Ltd or Installer accepts no liability for pre or post existing property or appliance faults, which directly or indirectly are established as a result of undertaking any works. Technical advice, within the knowledge base of the company, will be offered without any charge. This technical advice is purely guidance from the company and the company offers no representation, guarantee or warranty in relation to such advice.
f) The finish and/or making good of drilled holes will be done to a good quality standard using materials currently available. No guarantee can be given for finishing.
a) The customer agrees to provide the Company with the Customer Data for the Permitted Purposes.
b) The Customer acknowledges the Services are to be provided by the contractor and will be provided and governed under a separate agreement between the customer and the contractor.
c) The Customer acknowledges that the Company is not responsible for the quality, fitness or Completeness of the/services.
PRICE AND CHARGES
1)The Customer acknowledges that the Price is Subject to:
The availability of the Contractor; and Materials; and the Contractor agreeing to provide the Services.
2)It also set out in the contract.
a)The balance of the purchases price is payable upon receipt of invoice, or on practical completion of each measure of work (whichever is sooner), unless alternative arrangements have been made in writing by the company. Any time specified for payment shall be of essence of the contract.
b)The company shall have the right to make any changes to the services which are necessary to comply with law or
safety requirement or which do not materially affect the nature or quality of the services and the company shall notify the customer in any such event.
c)All amount payable by the customer under the contract are exclusive of amounts in respect of value added tax chargeable for the time being(VAT) where taxation supply for VAT purposes is made under the contract by the company to the customer, the customer shall on receipt of a valid VAT invoice from the company, pay to the company such additional amounts in respect of VAT as are chargeable on the supply of the services at the same time as payment is due for the supply of service.
COMPANY’S INTELLECTUAL PROPERTY
a)All intellectual property rights in or arising out of or in connection with the services shall be owned by the company.
b)All company materials are property of the company.
THE COMPANY’S OBLIGATIOANS
a)The Customer and the Company acknowledge that for the purposes of the Data Protection Act 1998, the Company is a Data Controller and Data Processor in respect of any Personal Data.
b)The Company shall not process Personal Data for any purpose other than;
Nominating a Contractor to provide the Services to the Customer; and
Marketing activities by the company, the Company’s Group or other relevant third parties to the customer;
For the purpose of cross selling the Company, the Company’s Group or other relevant third parties services or products as may exist from time to time.
c)The Company shall take all reasonable steps to ensure the reliability of all its employees who have access to the personal Data.
THE CUSTOMER’S OBLIGATIOANS
a) Need to ensure that the terms of the order and any information. It provides in the specification are complete and accurate.
b) Need to ensure that a responsible person shall be present when the installation crew arrives and on completion of the work and guarantees that the person to referred the clause.
c) Needs to co-operate with the company in all matters relating to the service. Provide the company with such information and materials as the company may reasonably require in order to supply the service, and ensure that such information is accurate in all material respects.
d) Where any damages has occurred during installation or a complaint is to be made, will report to incident to the company , in writing , where practicable , within seven (7) working days.
e) Need to prepare the customer’s premises for the supply of the services, including clearing access areas , removing delicate items from internal walls and removing obstruction from loft and external walls.
f) Obtain and maintain all necessary licences , permissions and consents which may require before the date on which the services are to start.
g) Keep and maintain all materials, equipment , documents and other property of the company at the customer’s premises in safe custody at its own risk, maintain the company materials in good condition until return to the company, and not dispose of or use the company materials other than in accordance with the company’s written instruction or authorisation.
h) The company shall without limiting its other rights or remedies have the right to suspend performance of the services until the customer remedies the customer default , and to rely on the customer default to relieve it from the performance of any of its obligations to the extent the customer default prevents or delays the company’s performance of any of its obligations.
I) Need to allow to do any inspections PRE OR POST cavity wall or Loft insulation installation
j) Need proper maintenance on your property for continued effective performance of insulation. Basic property care, such as gutter clearance, any roof leak repair and render maintenance, is important to ensure the continued effective performance of cavity wall insulation. This has always been an important aspect of the Guarantee.
K) For Room In Roof – 50mm insulation board with 12.5mm plasterboard will be fitted internal in sloping wall. If flat roof got access with standard gap, Company will insulate with mineral wool If not 50MM insulation board and 12.5mm plasterboard will be fitted internally to the ceiling area. Stud wall will be insulated with mineral wool if there is access to residual loft area or not 50MM insulation board and 12.5mm plasterboard fitted internally. Process of Room In Roof insulation skirting board removed. Painting and skirting board fixing is customers responsibility and company will not fixed it.
a)All guarantees are without prejudice to the customer’s statutory or common law rights.
b)All materials supplied/installed by the company carry a minimum manufacture’s guarantee only ( specific product such as cavity wall insulation , carry an additional cavity insulation guarantee agency guarantee which lasts for a period of 25 years
c)Guarantee cannot be given to the existing systems where the company have installed additional items, therefore the company disclaims any liability for repair or third party damages occasioned by the failure of such existing systems.
a)The receiving party shall keep in strict confidence all technical or commercial know-how, inventions, innovations, creations or processes which are of a confidential nature and have been disclosed to the receiving party by the other party , its employee, agents or sub and any other party concerning the business or its product or services which the receiving party may obtain. The receiving party shall restrict disclose of such confidential information to such of above party as need to know it for the purpose of discharging the receiving parties obligation under the contract, and shall ensure such a parties are subject to obligation of confidentiality corresponding to those which bind the receiving party.
a)The Company warrants that it will process the Personal Data in Compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
b)The Company warrants that, having regard to the state of Technological development and the cost of implementing nay measures, it will: take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to , Personal Data to ensure a level of security appropriate to:
(i) the harm that might result from such unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage
(ii) the nature of the Data to be protected.
c)Take reasonable steps to ensure compliance with those measures.
LIMITATION OF LIABILTY
a)Neither party excludes or limits liability to the other party for;
(a) fraud or fraudulent misrepresentation
(b) death or personal; injury caused by negligence;
(c) a breach of any obligations implied by section 12 of the Sales of Goods act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) any matter for which it would be unlawful for the parties to exclude liability
b)Detective products under the consumer product act 1987, or any matter in respect of which it would be unlawful for the supplier to exclude or restrict liability. Subject to clause above,
c) The company shall under no circumstances whatever be liable to the customer , whether in contract, tort , breach of statutory duty, or otherwise, for any loss or profit or any indirect or consequential loss arising under or in connection with the contract and any liability is restricted directly to the room where the services were being performed only.
d) No liability will be accepted by the company for any lateral defects within existing wiring or pipework.
e)The terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982 are to the fullest extent permitted by law excluded from the contract.
f) The company carries third party liability insurance and therefore claims are restricted to indemnity only and not new replacement.
g) Company shall not in any circumstances be liable whether in contract, tort or otherwise (including negligence and breach of statutory duty howsoever arising) for any damage to the property caused by the contractor or any of its agents.
a)The Customer may terminate its agreement in respect of the Services (wholly or in part) within 14 days of signing the documents provided for the Assessment visit.
Company has right to cancel any appointment at any stage prior to insulation work. company not liable for any delay or canceled appointments.
a) Without limiting its rights or remedies each party may terminate the contract with immediate effect by giving written notice to the other party, the other if the other party commits a material breach of the contract and such a breach is fails to remedy that breach within 30days of that party being notified in writing of the breach the other party suspends or threaten to suspend payment or its debts or is unable to pay is debt within the meaning of section 123 of the insolvency act 1986 or is deemed either unable to pay its debt or as having no reasonable prospect of so doing in either case, within the meaning of section 268 of the insolvency act 1986 or has any partner to whom any of the foregoing apply.
b) Without limiting its other rights or remedies the company may terminate the contract with immediate effect given by written notice to the customer, If the customer fails to pay any amount due under the 30days after the payment days.
c)A petition is filled , a notice is given, resolution is passed or an order is made , for or in connection with the winding up of that other party, other than for the sole purpose of scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party ;(being and individual ) is the subject of the bankruptcy petition or order ,
d) A creditor or encumbrance of the other party attaches or takes possession of, or a distress , execution , sequestration or other such process is levied or enforced on or sued against , the whole or any part of its assets and such attachment or process is not discharged within (14 ) days; An application is made to court. Or an order is made , for the appointment of an administrator or if a noticed of intention to appoint an administrator is given or if an administrator is appointed or over the other party (being company) ;
e) A floating chart holder over the assess of the other party has become entitled to appoint or has appointed an administrative receiver ; A person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party ;Any events occur or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equality or similar to any of the event mentioned in clause
f) The other party dies or , by reason of illness or in capacity (whether physical or medical) , is incapable of managing this persons own affairs or become a patent under any mental health legislation and the other party suspends or ceases threaten to suspends or ceases , to carry on a substantial part or all of its business .
g) Without limiting its other rights or remedies the company shall have right to suspend provision of the service under the contract or any other contract between the customer and the company, if the customer becomes subject to any of the event listed in clause.
h) The company reasonable believes that the customer is about to become subject to any of the , or if the customer fails to pay any amount due under this contract on the due date for payment.
i) The customer may cancel this contract and have a deposit returned without paying any cost by informing the company in writing within seven working days of signing the contact.
j) When terminating the contract customer should immediately pay to the company all of the company’s outstanding unpaid invoices and respect of service supplied but for which no invoice has been submitted, the company shall submit and invoices , which shall be payable by the customer immediately on receipt and also customer should return all of the company materials which have not been fully paid for . if the customer fail to do so , then company may enter customers premises and take possession of them until they have been return , the customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this contract and the accrued right , remedies , obligation and liabilities of the parties as at expiry or termination shall not be effected, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
force majeure- For the purposes of this contract. Force majeure event means an event beyond the reasonable control of the company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the work force of the company or any other party), failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
If the force majeure event prevent the company from providing any of the services for more than 30 days , the company shall with limiting its other rights or remedies , have the right to terminate this contact immediately by giving written notice to the customer and company shall not be liable to the customer as a result of any delay or failure to perform its obligation under this contract as a result of a force majeure event
Subcontracting and assignment – The customer shall not , without the prior written concern of the company , transfer , charge, assign , subcontract or deal in any other manner with all any of its right or obligation under the contract and the company may at any time transfer assign charge, subcontract or deal any other manner with all or any of its right under the contract and may subcontract or delegate in any manner any or all of its obligation under the contract to the third party or agent.
Waiver – Unless specifically provided otherwise, rights arising under the contract are cumulative and do not exclude rights provided by law and waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or difficult . not failure or delay by a party in exercising and any right or remedial under the contract or by law shall constitute a waiver of that or any other right or remedies , nor precluded or resit its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of the or any other right or remedy.
Notice- Any notice or other communication required to be given to a party under or in connection with this contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first class post , recorded delivery or by commercial courier , to the head office as stated on the contract.
This clause shall not apply to service of any proceeding or other documents in any legal action. For the purposes of this clause writing shall not include e mail and for the avoidance of doubt notice given under this contract shall not be validly served if sent by email.
If a court or any other complaint authority finds that any provision of the contract is invalid, illegal or unenforceable, that provision or part –provision shall to the extent required , be deemed deleted and the validity and enforceability of the other provision of the contract shall not be affected.
If any is invalid, illegal or unenforceable, that provision of the contract would be valid enforceable and necessary to make it legal, valid and enforceable.
No partnership nothing in the contract is intended to or shall be deemed to constitute a partnership or joint venture of any kind between any of the parties nor constitute any party the agent or another party for any purpose . no party shall have authority to act as agent for or to bind the other party in any way.
Variation- Except as set out in these conditions any variation including the introduction of any additional terms and condition