COMMERCIAL - NOT APPLICABLE TO DOMESTIC AND CONSUMER

1. All orders and agreements shall be subject to these conditions. Conditions stipulated in the customer’s order form or elsewhere shall be of no effect if they conflict with these conditions. Quotations given include reference to these terms and these terms must be accepted by The Customer in writing before any contract can be made. Acceptance recognises that these terms are an integral part of the quotation and any contract agreed.

2. The Company shall provide the Customer with notice in writing, in the form set out in Schedule 1, when the Company is satisfied that the installation of the Equipment at the Site has been successfully and conclusively completed.

On receipt of the Completion Notice, the Customer shall either:

(a)           notify the Company of any issues with the Equipment; or

(b)           accept the Equipment under this Agreement by countersigning the Completion Notice. The Term of this Agreement shall commence upon countersignature (by the Customer) of the Completion Notice.

3.    The Company shall mean SLS Ltd. The Company’s obligations to The Customer are defined by the Renewable Energy Consumer Code and ensure that all work is done with all reasonable skill and care according to the timetable agreed. The Company will provide an itemised list of the goods to be supplied, all survey, design installation and other services to be provided, a list of services not included in the quotation which you will need to provide, a statement of taxes such as VAT, a timetable for supplying the goods and for carrying out installation work, accurate information about approvals and permissions needed for the proposed system and any financial incentives available for the work, the chance to approve site designs before the works starts, a written estimate of how the system will perform calculated according to the Renewable Energy Consumer Code.

 4.    Prices cover system design, supply, installation, and commissioning. Installations times will vary depending on the size of project, complexity, and unforeseen delays.

 5.    The company operates a fixed price policy once a final quote has been accepted excepting unexpected work. If unexpected work arises The Company will explain it and ask The Customer how he or she wishes to proceed.

 6.    The payment schedule:

(a). For Capex Projects, payment to the Company for delivery of the Solar project shall be made in stage payments. 10% on contract signature. 30% when work starts, 60% balance within 7 days following the completed installation date.

(b). For Financed Projects, payments will be made in line with the third-party finance agreement.  If suitable finance is unavailable for the project, all parties will be released from this contract without penalty.

7. Each of us will bear our own costs incurred in connection with the Project, however, if your Project can not proceed for any reason whatsoever and outside the control of SLS Ltd, we will refund your deposit minus our reasonable costs incurred in carrying out the following activities up to the maximum amount shown:

- DNO Application £200

- Structural survey: £1,000

- Technical survey: £500

8.    All products remain the property of The Company until paid for in full. Transfer of title to the goods or a proportion of the goods occurs as the Customer makes payment for the goods. Where the payment has been used to make specific purchases on behalf of The Customer legal title passes to The Customer. The Company will arrange delivery to site, and the Customer must ensure that the goods are stored in a safe secure location. The Customer will not destroy deface or obscure any identifying mark or packaging on or relating to the goods. If the contract is terminated early due to serious breach by The Company, The Customer must return the goods immediately or purchase them at retail price as quoted. The Customer is not entitled due to any alleged minor defect to withhold the outstanding balance and if any amount is to be withheld The Customer must give The Company notice before the final date on which payment is due stating in that notice the reasons for withholding payment. If payment is not received when payment is due The Company may give The Customer written notice of intention to stop work on the installation. Once this notice has been given all work will be suspended until payment is made. If The Customer is in breach of the contract because the agreed payment has not been made The Company will be entitled to recover any additional costs incurred. Written notice containing full particulars of any claim for compensation will be provided within 21 days of the work being suspended. The Company may require The Customer to return and deliver up the goods not paid for.

 9.    The Company will make all reasonable efforts to install on the agreed date. If components proposed become unobtainable The Company will substitute equivalents or near equivalents at the same or reduced cost in which case the price charged will be reduced to reflect any savings.

 10.    The Company cannot be held responsible for delays which may occur for reasons beyond the control of The Company related inter alia to installation or related works. If such delays occur The Company will reschedule and complete the work as soon as possible except in circumstances arising from such delays which render completion unreasonable in which case The Company reserves the right to cancel the contract and reimburse any payments made less costs incurred. If after signing the contract The Customer decides to re-specify the work, The Company will endeavour to incorporate any changes providing they are technically possible, The Company has the necessary resources, and necessary permissions are in place. If The Company agrees to the changes The Customer must confirm in writing within 14 days of the first notification. The Company will readjust the price by written agreement beforehand if possible or if not by later written agreement or if not by referring to any priced documents if this applies or if not by a reasonable amount for the work done and goods supplied resulting from the re-specification. In the case of major delays of the delivery of goods The Customer may be offered different products of comparable of equivalent specification.

 11.    The Company reserves the right to reschedule the installation if unavoidable to dates reasonably acceptable to The Customer. If The Customer reschedules in an untimely fashion causing extra unavoidable costs to The Company, The Customer will become responsible for extra costs incurred such as unrecoverable installation team labour costs at an hourly rate of £60 plus VAT at a minimum of 8 hours per day per person.

 12.    If the Customer agrees to carry out preparatory work, it will be agreed in writing and all work must be carried out by a competent person and completed by the agreed date. If these conditions are not met so that The Company cannot carry out the work on the agreed dates The Company reserves the right to charge extra labour as clause 11. Where unexpected work arises, The Company will inform The Customer and ask how The Customer wants The Company to proceed. If issues arise that bring about a delay in the work or time on site more than the original schedule The Customer will pay for the cost of that delay as clause 11. An example of a typical delay would be a deficiency in the electrical wiring of the property requiring remedial work before the system being installed by The Company can be tested and/or commissioned or discovery of structural faults within the roof structure or a chimney stack which would lead to an unsafe installation.

 13.    The Customer shall be responsible for the accuracy of any plans or drawings or estimated measurements he supplies and if these prove inaccurate, he will be liable for any extra costs incurred by The Company.

 14.    The Customer will provide a safe, practical, and comfortable working environment including provision of water, washing facilities and toilets, use of electricity supply, adequate storage space and ease of access to working areas.

15.    The company selects products to suit the needs of the customer. All products are MCS approved, and all inverters are G98 or G99 compliant. All work is carried out to the MCS installer standard in force at the time of installation.

 16.    The performance of solar PV systems is impossible to predict with certainty due to the variability in the amount of solar radiation (sunlight) from location to location and from year to year. All estimates are based upon the System Advisor Model 2020.02.29.r2 and given as guidance only. They should not be considered as a guarantee of performance.

17.    System specifications and layout diagrams are based upon approximate measurements. Energy and Carbon saving calculations are based on figures supplied by the Energy Saving Trust.

 18.    Where applicable e.g., for listed buildings and in conservation areas, The Customer will ensure that permissions and approvals are obtained before work starts. The Company will assist with planning approval at no additional charge. In some conservation areas, on listed buildings, Areas of Outstanding Natural Beauty, National Parks, or if the Solar PV system is outside the design parameters of the local council, planning approval may be required. Ultimate responsibility for planning lies with the customer.

 19.    Any system with a Declared Net Capacity (DNC) greater than 3.68kW/16A per phase requires an installer to obtain approval from the Distribution Network Operator (DNO) prior to installation. The Declared Net Capacity is calculated in two ways and is the lower of:

 The kilowatt peak (kWp) rating of the system multiplied by the maximum efficiency of the inverter.

 The maximum AC output of the specified inverter. DNO permission is subject to a lead time specified by the DNO over which The Company has no control.

 20.    The Customer will be provided with an Operation and Maintenance Manual containing product warranties and test certificates within 14 days of completion of installation. The Company will endeavour to provide the MCS certificate within 14 days of final payment.

21. The Company warrants the workmanship and wiring of the Solar PV system for 10 Years. Solar Panels, inverters and other products are covered separately by the manufacturers’ warranties. The Company will ensure this is carried out in accordance with the Supply of Goods and Services Act (1982) and will carry out any necessary repairs for the customer free of charge, including the necessary removal and replacement of Photovoltaic modules, inverters and other products covered separately by the manufacturers’ warranties. Warranty is voided in the event of any damage resulting from any work not authorised by The Company taking place on the installation.

22. Internet Connectivity - Some of the equipment will require internet connectivity for the purposes of remote monitoring and/or correct functioning. The Company cannot be held responsible for issues arising due to the customers internet connectivity.  At the commissioning stage If the customers internet connection is unable to connect to the remote monitoring the system will be commissioned and handed over as complete using data from the inverter screen.  In this event The Company will continue to work with the customer to find a solution, however this is a concession on The Company’s part and not a snag and therefore cannot hold up final payment. The Customer should also be aware that some manufacturer warranties may require remote access should troubleshooting be required. The Company reserves the right to charge a call-out fee if they are asked to attend site due to issues with internet connectivity.

As part of the Support Services, the Company shall:

(a). provide Help Desk Support by means of telephone by e-mailing support@solarandlighting.co.uk

(b). use Commercially Reasonable Efforts to correct all Faults.

(c). provide support in accordance with the Service Levels set out below:

(d). Acknowledgment of receipt of a Support Request within one Business Day of it being reported to the Company.

(e). The Company shall allocate an Urgent or Normal priority to the Support Request.

For urgent request an engineer will be on-site with 48 Hours (if required) of the support request being acknowledged by the company.

For Normal priority:

1. does not significantly affect functionality.

2. may disable only certain non-essential functions.

3. does not materially impact the Customer’s business performance.

an engineer will be on-site within 5 working days (if required) of the support request being acknowledged by the company.

23.    If the Customer is in serious breach of his obligations as set out in these terms and fails to remedy that breach within 14 days of receiving written notice from The Company, we have the right to cancel. The Customer will be given reasonable opportunity to rectify the alleged breach. If The Company suffers a loss as the result of a breach, we will take reasonable steps to limit the loss and if the breach leads to a cancellation The Customer may have to pay compensation for costs and losses.

These conditions and all other express terms of the contract shall be governed and construed in accordance with the law of England and any disputes will be subject to the jurisdiction of the English courts.

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