ACCEPTANCE, TERMS & CONDITIONS

Contract for installation services between

Key Solar Ltd and the receiver of this contract

This contract complies with our obligations as members of both the Home Insulation & Energy

Systems Scheme (HIES) and the Microgeneration Certiﬁcation Scheme (MCS).

1. ACCEPTANCE OF PROPOSAL

1.1 The Proposal is valid for a period of 30 days from the date indicated. If you wish to proceed,

you must sign the order acceptance form, then 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.

1.2 Please read these terms carefully before signing them. If you need any explanations, of any part,

please contact us in writing at [email protected] or Flat 2, 13 St Georges Road, Windyridge, Looe, PL13 1EB. or by telephone on 01503 770008

1.3 This agreement is governed by the law and the courts prevailing where your property is located.

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 . 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 with a clear statement by letter sent

by post, which requires a proof of delivery to Flat 2, 13 St Georges Road, Windyridge, Looe, PL13 1EB or email [email protected]. Any advanced payments you have made will be

returned to you, should you choose to cancel your order in the allotted time period. 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 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 is to do the work with all reasonable skill and care

according to the standards set by the Microgeneration Certiﬁcation Scheme (MCS) and according to

the timetable set out in the Proposal. 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 NIC-601223
and we are registered with NICEIC.

2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation,

and commissioning of the system described in the Proposal. The goods we supply will:

Be of satisfactory quality; Be ﬁt for purpose; and,

Operate as we describe to you.

2.1.1 We will inform you 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 (HIES)

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 upon and is set out in the Proposal. 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 upon. 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

consensual agreement of both parties.

2.2.3 In the case of severe delays to the delivery of goods,

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 Supply of Goods and Services Act 1982.

Consequence of delay

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 severe delays to the delivery of goods or installation for reasons that are within

our control, 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

proposal.

3 OUR OTHER OBLIGATIONS

3.1 We will carry out the work and all communication with you according to the (HIES) Consumer

Code.

3.2 We will ensure that the installation complies with the relevant MCS installer standard which in

this case is MIS 3002.

3.3 We will advise on any additional measure that may be beneﬁcial to the performance and

durability of the system in relation to the

protection from a) Flora b) Fauna

3.4 Where self-consumption is quoted with an electrical energy storage system (EESS) we shall

make it clear if we are not certiﬁed in accordance with MIS 3012

3.5 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 ten days after commissioning.

3.6 We will also give you all of the documentation required as detailed in the appropriate

Microgeneration Installation Standard. This will include the certiﬁcate showing that the installation

has been registered with the MCS Installation Database. We will give you this within 14 working

days of the commissioning date.

3.7 The guarantees we give you will cover the goods and installation and will comply with the

(HIES) Consumer Code. We will explain to you the terms of the guarantees both in writing and

verbally.

3.8 We will ensure that the guarantees will be honored 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 under the terms of this agreement.

The Deposit

4.1 You will pay us the deposit speciﬁed in the Proposal when you sign this agreement. The deposit

cannot be more than 25% of the total contract price set out in the Proposal. 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 the invoices will be sent as well as the

amount due for each payment.

4.3 We may require you to pay a further advance payment no more

than 14 days before the agreed delivery or installation date, but only if this is explained to you in

your Proposal. 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 Proposal.

– 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 We will issue you an invoice for the balance outstanding on the contract price. This will become

due only after the installation has been commissioned.

4.5.1 In the event of any alleged minor defect with the goods or installation, 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 pay the amount speciﬁed in an invoice by the due date, 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 seventh day after payment is due, 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. If you fail to do this, we will take

legal proceedings to recover the goods or their outstanding value.

4.6.4 Final invoice payment must be received before Key Solar begins work on the handover

pack. This will be received in the post within 14 working days.

5 YOUR OTHER OBLIGATIONS TO US

5.1 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. Where a mechanical installation is on a ﬂat roof (Flat

roofs are deﬁned as those with an angle less than 10° to the horizontal) where the waterprooﬁng

membrane is penetrated, and the roof is under its original warranty, then the roof warranty provider

should be consulted to ensure that warranties are not invalidated.

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

described in the Proposal 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

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.

5.5. It is the Consumers responsibility to notify the Company of asbestos that may be on site which

could affect the work that is carried out. An asbestos survey may be required and any subsequent

work required completed, before the commencement of work (this is the responsibility of the

Consumer). If asbestos in any form is suspected during the installation / works, work will be halted

immediately and not restarted until suitable and sufﬁcient tests have been carried out, and if

asbestos is present, it will be removed by a licensed Contractor (this is the responsibility of the

Consumer)

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 record any necessary or requested variations to the contract, which must be agreed

and signed by you.

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.

7 UNEXPECTED WORK

7.1 The Proposal given to you details the daily costs that would result from any unexpected work

due to site conditions or special circumstances beyond our control.

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 AND RISK, and WORKMANSHIP WARRANTY

8.1 We will deliver the goods to the location detailed in the Proposal.

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. Any deposits and/or advance payments you

make to us, up to 25% of the value of the contract or £5000 (whichever is the lower amount) will be

insured through (HIES). 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.

When deposits amount to about the £5000 threshold only the maximum of £5000 will be taken

eg. if the total job value is £30,000, a £5000 deposit can only be taken

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 signed the Contract.

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 we may 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. When we store the goods, 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, we will collect any

goods delivered to you. 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 allow us to collect the goods, 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:

• 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

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 (e.g a letter or email), we have enclosed a form with this contract which

can be used for your convenience. 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, you may be responsible

for the costs of the goods and services already supplied and for making good on the property.

9.2 If there is a serious delay to the delivery of goods or installation for reasons that are outside your

control, or the system is majorly differs from the original system design then you will be entitled to

cancel the contract and receive a full refund. This is in line with the Consumer Code and the

[Supply of Goods and Services Act 1982].

9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you

have a right to:

• cancel the contract and receive an appropriate refund; or,

• request a repair or a replacement; or,

• ask for compensation.

You can seek those remedies if what we supply or install is faulty, incorrectly described, or not ﬁt

for purpose. You cannot seek those remedies 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 If you are in serious 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.

9.5 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 COMPLAINTS

10.1 We aim to resolve complaints as quickly as possible and believe that, in most case, complaints

can be resolved informally. As such please contact us as soon as possible if you have a grievance.

10.1.1 If you contact us by telephone 01503770008 or in person, be sure to make a note of the

person you have spoken to.

10.1.2 Make a note of any resolution offered immediately and whether your are satisﬁed with the

outcome.

10.1.3 If you are not happy with the resolution offered, then you may make a formal complaint.

Formal Complaint

10.2 Record your complaint in writing and send to Flat 2, 13 St Georges Road, Windyridge, Looe, PL13 1EB

10.2.1 You will receive an acknowledgment within 3 workings days of Key Solar t/a

Key Solar LTD receiving your written formal complaint.

10.2.2 Please be sure to include your preferred telephone number and email address for follow up

by Key Solar t/a Key Solar LTD if required to ensure we have fully understood your

complaint.

10.3 Your complaint will be recorded in our complaints’ log and assigned for investigation.

10.4 You will receive a detailed response within 14 workings days of Key Solar t/a Key Solar LTD receiving your written formal complaint, unless the investigation takes longer than this

for example is a site visit is required. In which case you will receive a progress reports and an

expected date as to when you will receive a full and ﬁnal reply. This will be no longer than 14 days

later.

11 ALTERNATIVE DISPUTE RESOLUTION

11.1 In the event of an unresolvable issue, you can refer your case to our nominated alternative

dispute resolution provider through (HIES), QA Scheme Support Services LTD and the Dispute

Resolution Ombudsman. Full contact information for (HIES) can be found at

www.hiesscheme.org.uk where we also recommend that you read the (HIES) Code of Practice.

11.2 We agree that in the event of a dispute, we will exclusively attempt to resolve the dispute

through the (HIES) alternative dispute resolution services.

11.3 If we are unable to resolve the dispute through mediation, the complaint can be referred by

(HIES) to the Dispute Resolution Ombudsman, who is entirely independent of (HIES) and can be

contacted through www.disputeresolutionombudsman.org

Our Warranty

The Warranty sets out the terms upon which Key Solar t/a Key Solar LTD offers

warranty cover for the Products supplied by it to its Customers, and for the installation services

provided by us and our installers.

Terms deﬁned in which Key Solar t/a Key Solar LTD ‘s Terms and Conditions bear the

same meaning when used in this warranty. Your attention is drawn to the Terms and Conditions

attached, which includes provisions relevant to the warranty set out below.

1. Installation services

•

1.1. We will warrant to you that the Installation Services will be performed by

the appropriately qualiﬁed and trained installers using reasonable care and

skill, to such high standard of quality as it is reasonable for you to expect.

•

1.2. The Warranty Period for the Installation Services shall be 2 years from

completion of the Installation Services

2. Remedial Action

2.1. If you make a valid claim about our service in accordance with the Terms and Conditions,

Key Solar t/a Key Solar LTD may arrange for the relevant Products to be reinstalled by

any of our 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).

3. Exceptions

5.1

Any dispute as to whether a defect is covered by this warranty shall be immediately referred at the

request of either party to the complaints service as detailed in the Terms and Conditions.

3.1.

This Warranty will only apply:

3.1.1. If the Product has been installed by Key Solar t/a Key Solar LTD Registered

Installer and has been properly used and maintained throughout the Warranty Period.

3.1.2. If you have informed Key Solar t/a Key Solar LTD of the alleged defect within the

Warranty Period and within a reasonable period of discovery.

3.1.3. No work has been carried out by any other party other than Key Solar t/a Key

Solar LTD.

4. General conditions

4.1 You will promptly provide all information and support including access to site and services)

reasonably necessary to enable us to evaluate any alleged defect and to perform its obligations

under this Warranty.

4.1. 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.

5. Expertise

5.1 Any dispute as to whether a defect is covered by this warranty shall be immediately referred at

the request of either party to the complaints service as detailed in the Terms and Conditions.

6.Third Party Rights

6.1. When Key Solar t/a Key Solar LTD 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.

7.Law

7.1. 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.

8.Manufacturer’s Product Warranty

8.1. Most Products supplied by us come with the beneﬁt of a manufacturer’s product guarantee.

Where a claim in respect of any of the Products is notiﬁed to Key Solar t/a Key Solar

LTD by you in accordance with the Terms and Conditions, Key Solar t/a Key Solar 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 Key Solar t/

a Key Solar LTD as the retailer of the goods supplied.