1. DEFINITIONS
1.1 : “Customer” means the party identified as the Customer in this Agreement to whom Excel Energy Ltd may agree to supply Products in accordance with these terms and conditions.
1.2 : “Company” means Excel Energy Ltd trading from First Floor, 85 Great Portland Street, London W1W 7LT and Arena Business Centre, 9 Nimrod Way, Ferndown, Dorset, BH21 7UH.
1.3 : “Products” means goods and/or services provided by the Company to the Customer in accordance with these terms and conditions.
1.4 : The term Excel Energy is a registered trademark of Excel Energy and is protected by law
2. ORDER ACCEPTANCE
2.1 : All orders placed with the Company by the Customer for Products shall constitute an offer to the Company under these terms and conditions, subject to availability of the products and to acceptance of the order by the Company’s authorised representative.
2.2 : All orders are accepted, and Products supplied subject to these express terms and conditions only. No amendment to these terms and conditions will be valid unless confirmed in writing on or after the date hereof by the Company’s authorised representative.
2.3 : It is agreed that these terms and conditions prevail over the Customer’s terms and conditions of purchase unless these latter terms and conditions are amended by the Company in writing and signed by the Company’s authorised representative.
2.4 : A deposit will normally be required from the Customer to confirm the order. The amount of deposit required will be agreed with the Customer prior to the acceptance of the order. We will on occasion accept alternative payment terms as set out in our Scope of Works document.
3. INDEPENDENT CONTRACTOR
3.1 : The relationship between the Company and Customer is that of Independent Contractor. Neither party is the agent of each other, nor has any authority to make any contract or make any obligation expressly or implied in the name of the other party, without that party’s prior written consent for express purposes connected with the performance of this Agreement.
4. DELIVERY & INSTALLATION
4.1 : Any dates and times proposed for delivery and installation are provisional and may be affected by conditions or circumstances beyond the Company’s reasonable control. In no event shall the Company be liable for any damages or penalty for delay in installation or delivery.
4.2 : Unless other security arrangements have been made or the works are carried out under the accepted terms of a construction contract, the Customer is solely responsible for the safeguarding of goods and materials the Company delivers to site for incorporation into the works and for ensuring that installation work in progress is protected from damage by persons either known or unknown. It is assumed by the Company that the Customer will notify his insurers of the nature, extent and value of the works and pay any additional premium to his buildings insurance policy that may be required to insure the works.
4.3 : The Company will take reasonable precautions to protect unfixed goods and materials on site to the Customer’s reasonable satisfaction and undertakes to carry out the installation in a safe and well-ordered manner consistent with industry codes of practice currently in force.
4.4 : The Company undertakes to leave the site in a tidy and safe condition at the end of each working day and to make the Customer aware of any circumstances or conditions that may have health & safety implications for the Customer.
4.5 : The Company is not responsible for any electrical bonding that may be required on any parts of the Customer’s property not part of the solar installation. Any bonding work which has to be carried out extra to the Company’s own works, by the Company or any other contractor, on any parts of the Customers property that shall require such bonding but do not make up part of the Company’s installation, as is necessary in order for the Company’s installation to comply to Part G/P of the Building Regulations, shall be liable to extra charges billed to the Customer. It is the Customer’s responsibility to ensure his property has all the necessary bonding required to comply with the current UK legislation.
5. PLANNING CONSENT AND OWNERSHIP
5.1 : Unless it is included in the accompanying scope of works in writing, it will remain the Customer’s responsibility to obtain any statutory consent such as planning or listed building consent that may be required in order for the Products to be installed on the Customer’s building or buildings.
5.2 : The Company will not accept any claims whatsoever for loss or inconvenience due to not obtaining statutory consents if it is not included in this agreement. By signing the order, the Customer is accepting responsibility for ensuring that as owner of the property he has the consequent rights to make alterations to the property.
5.3 : Where the Customer is not the legal owner of the building it is the Customer’s sole responsibility to ensure that consent has been obtained from the legal owner for the Company to install its Products.
6. CANCELLATIONS AND RESCHEDULING
6.1 : Subject to section 12, any request by the Customer for cancellation of any order or for the rescheduling of the installation date will only be considered by the Company if made at least 7 working days before dispatch of the Products. Any such request shall be subject to acceptance by the Company at the Company’s sole discretion.
6.2 : The Customer hereby agrees to indemnify the Company against all its direct and indirect costs, damages, charges and expenses incurred in connection with the order and its cancellation or rescheduling.
6.3 : The Company reserves the right to refuse to work for customers or clients that are abusive or aggressive in any way towards its staff members or representatives.
7. PRICING
7.1 : Catalogues, price lists and other advertising literature or material as used by the Company are intended only as an indication as to the price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on the Company.
7.2 : All prices are given by the Company at the time of the order are on an ex-works basis.
7.3 : All proposed or listed prices are based on the cost to the Company of supplying the Products to the Customer. If before delivery of the Products there occurs any increase in any way of such costs in respect of Products that have not yet been delivered, the price payable may be subject to amendment without notice at the Company’s discretion.
7.4 : All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Customer and will be supplied in accordance with UK legislation in force at the tax point date.
8. PAYMENT TERMS
8.1 : Invoices will be raised by the Company on the date of completion of the job or in the case of specific large installations at agreed intervals notified to the Customer in advance. Unless otherwise specifically requested and agreed all invoices will be payable by the Customer within 30 days from the date of the invoice.
8.2 : Payments which are not received when by the due date will be considered overdue and remain payable by the Customer together with interest for late payment from the date payable at the rate of 5% per annum above the base rate for the time being. Such interest shall accrue on a daily basis and be payable on demand after as well as before judgement.
8.3 : Title to all goods supplied and installed shall pass to the Customer when all prices, taxes and charges due in respect of the Products have been paid in full.
9. SPECIFICATION OF PRODUCTS
9.1 : The Company will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. The Company will use its reasonable endeavours to advise the Customer of any such impending variation as soon as it receives any such notice thereof from the manufacturer.
9.2 : Unless otherwise agreed, the Products are supplied in accordance with the manufacturer’s standard specifications as these may be improved, substituted or modified. The Company reserves the right to increase its proposed or listed price or to charge accordingly in respect of any orders accepted for Products of non-standard specifications and in no circumstances will it consider cancellation of such orders or the return of such orders.
10. WARRANTY ON GOODS & SERVICES
10.1 : The Company warrants that it has good title to or license to supply all Products to the Customer.
10.2 : The Company guarantees all workmanship for 5 years from the time of completion, PROVIDED THAT no unauthorised modifications to the system have been made. The basis of this guarantee is the maintenance of a fully functioning fit for purpose solar PV generation system. The Company reserves the right to replace any defective products or materials with equal or superior replacements and this may be necessary where original product models are no longer available.
10.3 :If any part of the solar PV modules or the inverter or inverters or any other components or materials used in the system should prove defective under normal operation or service, such Products will be repaired or replaced in accordance with any warranty cover or terms as provided by the manufacturer of the Products PROVIDED THAT no unauthorised modifications to the Product or to the system of which the Product forms part have taken place. The Company undertakes to cover the cost of labour and other expenses incurred in repairing or replacing defective modules or inverters where these are not included in the manufacturer’s warranty cover.
10.4 : If the Products are rejected by the Customer as not being in accordance with the Customer’s order pursuant to clause 9.2, the Company will only accept the return of such Products provided that it receives written notification thereof giving detailed reasons for rejection. The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the manufacturer and where applicable the insurance company. Under no circumstances shall the invoiced Products be deducted or set off by the Customer until the Company has passed a corresponding credit note.
10.5 : Renewable energy designs and estimated simulations. The company will provide with the quote proposal estimated generation, this is achieved using industry recognised software’s. The company holds no responsibility for annual generation or revenue figures not hitting the design estimates proposed.
10.6 : When photovoltaic (PV) systems increase energy generation, they primarily inject active power into the grid, reducing the active power demand from the grid, while reactive power remains the same, thus causing a decrease in the overall power factor (PF)at the grid connection point this could also lead to higher charges or penalties from the national Grid. Excel Energy bear no responsibility for this occurrence though recommendations will be made on how to resolve the issue like installing Capacitor banks to counter react this.
10.7 : Adequate rating for the Mains distribution Panels. The existing Ac infrastructure such as Main Panel boards, Air circuit Breakers, MCCB’s and AC cable and transformer etc are the responsibility of the client to upgrade where it is deemed necessary following the installation of PV.
10.8 : Harmonic Distortion, when PV is introduced – installations of Harmonic filters. Solar inverters, which convert the DC power from solar panels into AC power, use electronic switching (pulse width modulation) to control the output. This switching process can introduce harmonics into the AC waveform. The company bear no responsibility for this occurrence and any additional cost required to install additional equipment lies with the client.
