Terms and Conditions
This contract complies with our obligations as members of the Renewable Energy Consumer Code (RECC). Our RECC membership number is 00075655
Renewable Energy Consumer Code
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.
- 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 email to [email protected]. 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 and according to the timetable set out in the Quote.
- 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.
- 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.
- 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, unless the delay is out of our control.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- We will guarantee our installation work to be defect free for a period of 12 months from the final invoice date.
- This cover does not extend to materials not supplied by Greenarc Limited, physical damage to products, or any instance where the original installation has been altered or tampered with subsequently by third parties.
- Warranties are conditional upon all monies due to Greenarc Limited having been paid in full, on or before, any due dates.
- All warranty work will be carried out during Greenarc’s normal working hours.
[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.
- CONTRACT CANCELLATION
Your rights
- Your 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.
- 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 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.
Terms used in this contract:
Where We use the bold terms below in the Contract, this is what We mean:
“Cancellation Form” means the form which is available online at the following location: www.greenarcenergy.co.uk and which is referred to in the Terms and Conditions attached to your quote.
“Cancellation Fee” no more than 30% of the total Price, or materials purchased, whichever is the greater.
“Credit Check” means a check carried out by Us or one of our lenders to ensure that You have the financial means necessary to cover any payments due under the Contract.
“Contract” means these terms and conditions and the Quote between You and Us for the Installation of Your Renewables Solution as may be updated by Us from time to time.
“Cooling Off Period” means the 14-day period after signing your quote in which you can cancel your contract at no cost to you. We will not book an installation, order any equipment, or complete any works for you within this period.
“Deposit” means the deposit amount set out in Your Quote.
“Energy Performance Certificate” or “EPC” means, in relation to Your Premises, the certificate setting out the energy efficiency of Your Premises.
“Final Balance Payment” means the amount set out in Your Quote that You must pay Us once the Installation is complete representing the difference between (i) the Price and (ii) the Deposit.
“Force Majeure Event” means an event or circumstance out of Our or Your reasonable control which cannot be prevented or avoided such as fire or severe weather conditions and which stops duties under the Contract from being carried out.
“G99 certificate / DNO application” means the certificate which may need to be applied for and given by the operator of the local electricity distribution network to which Your Premises are connected to confirm there is network availability for the connection of Your Renewables Solution.
“Hazard” the potential that a situation, material or tool which has to cause harm or damage.
“Installation” means the work to design, construct, install, test and commission the Renewables Solution at Your Premises,
“Instalment Payment Plan” means the agreed instalment payment plan detailing agreed instalment amounts and payment structure set out in the Quote with Us.
“Marketing Materials” means any brochures, drawings, illustrations, literature, samples or other such marketing materials provided in relation to Us or any services or products offered by Us.
“MCS” means the Microgeneration Certification Scheme, and a recognised quality assurance scheme to certify microgeneration products and installers used to produce electricity and heat from renewable sources.
“Premises” means Your domestic / commercial premises, the address of which is set out in Your Quote.
“Price” means the amount set out in Your Quote which You must pay Us for Your Renewables Solution and for performing Our obligations under the Contract.
“Quote” means the document which sets out the proposed Renewables Solution to be installed at Your Premises which was sent to You as part of the Quote pack.
“Requote” means a document issued by Us which details changes to materials and/or specifications from those detailed in the original Quote.
“Risk” the likelihood or probability of a Hazard causing harm or damage to a person, materials or property.
“Renewables Solution” means the associated plant and equipment which We propose to install at Your Premises and described in more detail in Your Quote.
“Renewables Inverter” is the electrical equipment which changes direct current (DC) produced by the Renewables panels into alternating current (AC), making it suitable for use with home appliances and the electricity network.
“Upfront Payment” means the upfront payment amount set out in Your quote.
“We” / “Us” / “Our” / “Ours” means Greenarc Limited, a company registered in England and Wales. Company Registration Number 07073877 and VAT Number 172910315.
“You” / “Your” means the person or people who have entered into this Contract with Us.
TERMS AND CONDITIONS OF THIS CONTRACT
1. How this Contract Works
1.1. The Contract is between You and Us. It is made up of (i) Your Quote (ii) this Contract (including any schedules) (iii) Requote (if applicable). It is important for You to read this Contract carefully so that You understand how it works.
1.2. If You do not understand this Contract and want to talk to Us about it, or if You would like this Contract in another format (for example: audio, large print, braille), please contact us using the contact details below.
1.3. If the Contract names more than one person, you’ll all be responsible – as individuals and together – for Your obligations under the Contract.
1.4. The Contract will start from the date We receive Your signed and dated Quote.
1.5. If this Contract contradicts Your Quote, this Contract will take priority.
2. Your Right to Cancel the Contract
2.1. You may cancel the Contract within 14 days from the start date of Your Contract if you change Your mind (the Cooling Off Period). To exercise this right to cancel, You must tell Us within the Cooling Off Period in writing, by e-mail. You can find Our contact details in the “Contacting Us” section below.
2.2. We will not book an installation, order any equipment or start any works for you within the Cooling Off Period, unless you complete a waiver form which waives your right to the 14 day cooling off period.
2.3. If you cancel your Order after the Cooling Off Period but before installation, you will be liable for the cost of any time and materials incurred by us, including but not limited to any preparatory work, associated logistics and scaffolding, together with any profit that would have been made by us for your Order.
3. About Us
3.1. We operate with installers who are accredited under and are members of The Home Insulation & Energy Systems Quality Assured Contractors Scheme (HIES). When We are performing Our obligations under the Contract, We will make sure that at all times, Our Installation partners comply with the requirements of HIES.
3.2. We operate with installers who are accredited under and are members of the MCS/RECC. When We are performing Our obligations under the Contract, We will similarly make sure that at all times, Our Installation Partners comply with the requirements of the MCS/RECC.
3.3. We may transfer Our rights and/or obligations under the Contract to another company. If We organise for another company to perform some of Our obligations for Us, this will not affect Our responsibility to You under the Contract.
4. What We need You to do before We install Your Renewables Solution
4.1. Before We carry out the Installation or order any equipment, You must satisfy the following conditions (unless We tell You otherwise) (the “Installation Requirements”):
4.1.1. The Cooling Off Period has ended and You haven’t cancelled the Contract or You have sent Us a completed Waiver Form (and We have received it).
4.1.2. You have either:
4.1.2.1. (i) paid Us in full (and any additional costs specified in Your Quote (and We have received); or
(ii) paid Us the Deposit and any additional costs specified in Your Quote (and We have received it);
4.1.2.2. You have a broadband connection at Your Premises to which We can connect Your Renewables Solution to enable communications with the Renewables Solution.
4.1.2.3. You have completed any actions that We have specified in the Quote that You must carry out.
4.1.2.4. Where any consent or certification is required from Your local distribution network operator for the Renewables Solution to be connected to the local distribution network (We will confirm if this is applicable to You), all such consent and certification must be obtained. In order to do this, We will liaise with the local distribution network operator on Your behalf provided that You give Us authority to do so by signing and returning a letter of authority which We will provide to You.
4.1.2.5. As Your Quote is based on the surveys of Your Premises (desktop and/or physical) which We carried out prior to You entering into the Contract with Us, You must not have carried out any renovation, modification or other alteration to the structure of Your Premises or changed its primary use since the date of Our last survey.
4.2. If some or all of the installation requirements are not satisfied within 30 days of the start date of Your Contract and We have not told You that You do not need to satisfy them, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote).
4.2.1. You must also obtain all consents and permissions by the date on which We complete the Installation to allow Us to carry out the Installation and to keep Your Renewables Solution installed at Your Premises. These consents and permissions may include building regulation completion certificates, structural surveys, planning permissions, landlord consents and mortgagor consents. If We ask You, You must promptly provide Us with proof that You have obtained them. If You have not obtained them all, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote).
4.2.2. We may determine that a structural survey of Your property is required to confirm that Your roof structure is suitable for the Renewables solution installation. If We request a structural survey from You, it is Your responsibility to provide this to Us before We can proceed with the installation. We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote). We may be able to arrange an independent structural report at an additional cost which will be confirmed before we proceed.
4.2.3. After an order is placed, there is an opportunity for the customer to send photos to the Us digitally. By viewing the photos in advance, We can discuss any technical aspects of the installation prior to the engineer attending; this makes the installation process run as smoothly as possible ensuring the right materials are delivered to enable a suitable installation.
You agree that any photos supplied during or after the ordering process are true and accurate images of what the engineer will see at the installation site.
4.2.4. If deemed necessary, We may supplement the above steps with a virtual inspection of your property making use of video call software. This allows further opportunity to expand upon any further technical points raised during the pre-installation process.
4.2.5. If deemed necessary, We may supplement or replace the steps above with an onsite inspection. This allows further opportunity to expand upon any technical points raised pre-installation.
5. Alternative options and declining an order
5.1. If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered, due to incorrect or false information provided at quotation stage, then We will inform You of why the installation cannot go ahead as ordered and discuss alternative options including any delay to installation that may be incurred. If the customer declines the alternatives offered, or if no alternatives can be offered, then We will give a refund to the customer, minus any Cancellation Fee or cost of materials already ordered/delivered to site.
In exceptional cases where We determine an installation cannot take place, We reserve the right to decline any order at any time. Should We decline an order, no damages or expenses of any kind shall be payable by Us to You beyond the refund of any money already paid in relation to the contract.
5.2. If, upon physical inspection of the site, it is determined that more equipment or a significant amount of extra work is required, then We will inform You of any increase in costs prior to these costs being incurred and issue Requote which must be approved by you (in writing) and will then form part of the Contract (this approval may be carried out either by physical documentation or by email). We will also inform You of any delay to installation that may be incurred. If the customer declines any extra equipment or work required to facilitate the installation work they are entitled to a full refund minus any costs incurred for the ordering of materials.
5.3. We reserve the right to decline any order at any time up until completion. Should We decline an order, no damages or expenses of any kind whatsoever shall be payable by Us to You beyond the refund of any money already paid in relation to the contract.
5.4. Any changes in materials and/or specifications from those detailed in the original documentation, will only apply when supported by Requote issued by Us, which must be approved by You and will then form part of the Contract (this approval may be carried out either by physical documentation or by email).
5.5. Whilst every effort is made to ensure the delivery and installation timescales agreed during the ordering process are met, We reserve the right to delay installation for reasons including (for example) fires, strikes, illness, supply chain, severe weather, lockouts, terrorism, war and any other causes beyond Our control interfering with its execution or completion of the contract. Time shall not be deemed to be the essence of the Contract.
6. Arranging a date for the Installation
6.1. Once We have received and reviewed the survey of Your house / Commercial premises from Your Energy Advisor, the cooling off period has expired or a waiver received, our Customer Service Team will contact You to arrange a date on which We can begin the Installation (the “Installation Date”).
6.2. If You want to re-arrange the installation date, You must give Us at least 5 working days notice. If You give Us less than 5 days’ notice, You must pay Us the costs We have incurred as a result. If You rearrange the installation date two times or more, We may cancel the Contract and you will be liable for the cancellation fee and any additional associated costs as outlined in Clause 2.3.
6.3. We may rearrange the Installation Date if We believe that, on the day, the weather or the occurrence of an event or circumstances at or near Your Premises (and which is outside Our reasonable control) means that We cannot carry out the Installation safely. We will try to give You as much advance notice as possible.
6.4. Time shall not be deemed to be the essence of the Contract. Should We be required to amend the scheduled Installation Date due to engineer availability, then We shall not be held liable to compensate for Loss of Earnings.
7. Installing Your Renewables Solution
7.1. Your Quote will set out how long We think it will take to carry out the Installation at Your Premises. Although every case is different, the Installation of a Renewables Solution will, typically, take between one and three days for domestic, with Commercial installations varying by the size of the install, although We may need to return to Your Premises on a subsequent day to complete the final tests of the Renewables Solution. We may also need to attend Your Premises before and after the Installation to set up and dismantle any scaffolding which is required.
7.2. When adding new equipment to your house, our engineer will need to inspect existing relevant infrastructure to ensure it meets current regulatory standards and is of suitable performance. Should your existing infrastructure fail to meet relevant standards/capacity then We will give you the options to bring the infrastructure up to a standard which allows new equipment to be connected. At this point You may cancel your order for a full refund minus the Cancellation Fee and any additional associated costs as outlined in Clause 2.3.
if applicable. If you do not wish to authorise the required additional work(s) but still wish the new equipment to be installed, we will leave the equipment for final connection by others and will not be able to commission the equipment. In such circumstances the customer is still liable to make payment in full as if the installation had been completed.
7.3. Notwithstanding point 2 above, We cannot guarantee the integrity or suitability of any existing components being connected to as part of your Renewables solution and We cannot be held responsible for the failure of any such components or defects existing within any part of the existing infrastructure that may not have been readily apparent at the point of installation
7.4. If Your system is being installed under a G99 certificate / DNO certificate, in some circumstances Your Renewables Solution may have to be locked off and not used until the local distribution network operator in Your local area has received a copy of the commissioning certificates. Our Technical Team will discuss this with You and manage this prior to the Installation if this is applicable to Your Installation.
7.5. Hazards during the installation and protection against these
7.5.1. During the Installation there will be hazards such as tools and materials, cables, dust sheets, ladders and scaffolding at Your Premises. We want to keep You, Your family, visitors and Our people as safe as possible so please try to avoid the work areas and take care when entering is required. Please also ensure You follow any instructions the technicians/contractors give you at all times. By signing these terms and conditions You confirm that You understand and are aware of what You need to do regarding the hazards associated with the Installation.
7.5.2. Prior to Installation, we will provide RAMS for all commercial work being undertaken. Any amendments to these RAMS must be submitted 5 working days prior to commencement of the installation.
7.5.3. What We need You to do during the Installation
7.5.3.1. In order for Us to carry out the Installation, You agree to give Us (and Our representatives and sub-contractors) safe, full, free and unrestricted access to Your Premises including access to electricity, broadband, earthing and other relevant services at Your Premises that We need to carry out the Installation.
7.5.3.2. If We ask, You must empty and otherwise make ready, airing cupboards, storage and other parts of Your Premises to enable the Installation.
7.6. During the Installation:
7.6.1. You, or a responsible person who is over 18 years old and authorised by You, must be at the Premises at all times (unless We agree with You otherwise).
7.6.2. You must take reasonable steps to ensure the health and safety of Our personnel, contractors, and sub-contractors whilst they are working at the Premises.
7.7. If You do not comply with Your responsibilities set out in Sections 6.3 and 6.5 above for a period of seven days after We have told You about Your non-compliance, We may cancel the Contract and you will be liable for the cancellation fee and any additional associated costs as outlined in Clause 2.3.
7.8. If We discover an environmental or safety issue or condition at the Premises (such as the existence of asbestos), We will tell You immediately and stop the Installation. You will be responsible for rectifying the issue or condition. Once rectified, We will continue with the Installation. If You do not rectify the issue or condition within three months of Us telling You, We may cancel the Contract or provide You with a new Quote (which, if You accept, will replace the existing Quote). If you do not accept the new quote or rectify the issue, we may cancel the contract and charge you for the work carried out and any associated costs as outlined in Clause 2.3.
7.9. Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property, we have the absolute authority to:
7.9.1. Retake, sell or otherwise deal with or dispose of all or any part of these goods.
7.9.2. Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
7.9.3. Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
7.10. You agree to keep the goods we deliver to you safe and secure.
7.11. The risk / liability in such goods will pass to you on delivery to you.
7.12. If We leave any tools or equipment or goods with You (with Your agreement) and You damage, tamper or lose them (or fail to prevent their damage or loss), We may charge You for Our costs in repairing and/or replacing them.
7.13. You agree that you will not exercise a lien over any tools, equipment or goods.
7.14. Our responsibilities during the Installation
7.14.1. We will observe all health and safety regulations.
7.14.2. We will use reasonable care and skill.
7.14.3. We will:
7.14.3.1. take reasonable care to avoid disrupting Your Premises;
7.14.3.2. remove all waste material relating to the work We have carried out; and
7.14.3.3. clean up to a reasonable standard, but We will not repaint or redecorate any surfaces affected by Our work or complete any remedial work to building structures and We will not accept responsibility for damage to carpets or other floor coverings, unless We have been negligent.
7.14.3.4. We will use materials that are of satisfactory quality.
7.14.3.5. We will ensure that Your Renewables Solution complies with all regulations and standards current at the time of installation.
7.15. We will use Our reasonable efforts to ensure that the plant and equipment that We install at Your Premises as part of Your Renewables Solution corresponds with the plant and equipment set out in Your Quote. However, We cannot guarantee that the plant and equipment will be available when carrying out the Installation. If any plant and equipment is unavailable, We will install substitute plant and equipment which is of a similar or better specification to the unavailable plant and equipment.
7.16. If, during the Installation, We find that additional work is required or additional costs will need to be incurred (which has not been caused by Our neglect or default) or if You change the requirements of the Renewables Solution from what is set out in Your Quote, We will provide You with a Requote (which, if You accept, will replace the existing Quote). If You do not accept the Requote, We may cancel the Contract. An example of additional costs that may be incurred is if Your Renewables Solution needs a G99 / DNO certificate and the local electricity distribution network decides to impose certain charges for issuing the relevant certificate.
8. Completion of the Installation
8.1. We will let You know once the Installation is complete. Once the Installation has been completed:
8.1.1. You must if You have opted to pay an initial deposit prior to installation pay Us the Final Balance Payment within seven days of the date on which the Installation was completed.
8.1.2. If You do not pay the Final Balance Payment within 30 days after having received a reminder from Us, We may cancel the Contract. Please also see the “If You don’t pay” section below about other remedies We may have.
9. Paying for Your Installation
9.1. We have several different payment options and will confirm the agreed payment method and terms with You in writing. Please see below for the relevant section depending on how You have paid for Your Installation.
9.1.1. Where You have paid a Deposit:
9.1.1.1. Where We have agreed to take a Deposit from You and collect the remainder of payment upon completion of the Renewables Solution and Installation services.
9.1.1.2. The Renewables Solution (and associated products) will be Your responsibility from the time We deliver them. You do not own the Renewables Solution until We have received full payment for the services undertaken.
9.1.1.3. On completion of the Installation of the Renewables Solution We will require full payment of any outstanding balance as set out in Our Quote. Payment terms are seven days from completion of the Installation.
9.1.2. Once We have received the Final Balance Payment from You:
9.1.2.1. You will become owners of and responsible for Your Renewables Solution; and
9.1.2.2. We will apply to certify Your Renewables Solution under the MCS or equivalent registration body, and will provide You with the certificate once We receive it.
9.1.3. You will benefit from the guarantees and warranties for the parts of Your Renewables Solution as specified in Your Quote. These guarantees and warranties will be for Your benefit and all subsequent owners of Your Premises and will be valid for the period set out in each guarantee and warranty. These guarantees and warranties have their own terms and conditions , these will be provided to you upon completion of the install and We recommend that You read them carefully to understand Your rights and obligations under them. If You do not understand and want to talk to Us about these, please contact us email: [email protected] or phone: 0345 646 1410. Other than these warranties, all other warranties (including fitness for purpose) are implied by law or otherwise are excluded to the fullest extent permitted by law.
10. Other Provisions
10.1. Our standard workmanship guarantee is 2 years from the date of completion of Installation of Your system. This covers defects associated with the Installation We carried out, but not product defects, which are covered by manufacturers’ guarantees and warranties (see below). Workmanship is only guaranteed if full payment has been made. The guarantee will become null and void if our standard workmanship and/or Renewables Solution is subject to misuse or negligence, and/or repaired, modified or tampered with by anyone else.
10.2. We will provide You with (or arrange the provision to You of):
10.2.1. copies of the product guarantees and warranties which You benefit from;
10.2.2. copies of all certificates, user manuals, guides, instructions, drawings and other documentation relating to Your Renewables Solution.
10.3. In rare circumstances, Your local distribution network operator may need to carry out works in Your local area and may require You to disconnect Your Renewables Solution until these works have been completed. Please note that We will not be legally responsible to You for any losses that You may incur in these circumstances.
11. Your Ongoing Rights and Obligations
11.1. Once the Installation has been completed:
11.1.1. You agree to comply with all conditions of the consents and permissions to keep Your Renewables Solution installed at Your Premises. You must tell Us immediately if You become aware that You have not complied with these conditions.
11.1.2. You must maintain a broadband connection at Your Premises and keep Your Renewables Solution connected to it to enable communications with the Renewables Solution where applicable.
11.1.3. You must allow Us, Our personnel, contractors and sub-contractors to access Your Premises at reasonable times where We ask You in order to inspect Your Renewables Solution, to carry out any of Our responsibilities or exercise any of Our rights under the Contract.
11.2. Once the installation of Your Renewables Solution has been completed, We will provide You with the necessary documentation and guidance from the manufacturer of Your Renewables Solution. It is your responsibility to follow these.
12. Force Majeure
12.1. Neither You nor We will be legally responsible to the other for any failure or delay to perform its obligations under this Contract if such a failure or delay is due to a Force Majeure Event.
12.2. If the Force Majeure Event affects Yours or Our ability to carry out its obligations under the Contract for a continuous period of 3 months then the non-affected person may cancel the Contract.
12.3. If the Contract has been cancelled for a Force Majeure Event and (i) You have not paid the Final Balance Payment and (ii) You are not paying the Final Balance Payment in accordance with Section 8.1.2 (via an agreed Instalment Payment Plan), We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard at no cost to You.
13. Limits on Our Responsibility to You
13.1. Nothing in the Contract removes or limits Our legal responsibility to You for death or personal injury caused by Our negligence. We also accept full legal responsibility if We act in a fraudulent way. This Contract does not affect any rights You have by law.
13.2. Except for Our legal responsibility for death or personal injury, as set out above, We are not legally responsible under this Contract for:
13.2.1. any losses that are not Our fault, or that We could not have reasonably expected when We entered into this Contract; or
13.2.2. financial losses (for example, wasted expenses or loss of profit, income, opportunity, contract or goodwill) whether direct, indirect or consequential.
13.2.3. Our total liability to You shall not exceed £15,000.
14. Ending Your Contract
14.1. Expiry of the Contract – this Contract will automatically end on completion of the Installation, unless it has been cancelled earlier by either You or Us in accordance with the Contract.
14.2. Cancellation by You
14.2.1. In addition to the rights You have to cancel the Contract as set out elsewhere in these Terms and Conditions, You can cancel the Contract if You are moving home / business. You must tell Us when You are going to move out of Your home so We can ensure Your Renewables Solution will work for the next occupant. The cancellation will take effect on the date You move home / business premesis. To do this, please contact Our Renewables Solutions Team by email at [email protected] or by telephone on 0345 646 1410 We will acknowledge all cancellations in writing by e-mail.
14.3. Cancellation by Us
14.3.1. In addition to the rights We have to cancel the Contract as set out elsewhere in these Terms and Conditions, We may also immediately cancel the Contract if We are unable to complete the Installation:
14.4. for any reason (e.g. environmental, health and safety, structural or technical reasons connected with Your Premises) which has not been caused by Our neglect or default and which You have not resolved the issue within 30 days of Us telling You about it; or
14.5. for the occurrence of an event or circumstance which prevents completion of the Installation which could not have been reasonably foreseen by Us and which You have not resolved the issue within 30 days of Us telling You about it.
14.6. Cancellation by You or Us
14.6.1. In addition to the right to cancel the Contract if a Force Majeure Event occurs (see Section 10 for more details), either You or Us (as the person cancelling) may cancel the Contract immediately, if (i) the non-compliant person has been informed about its non-compliance and (ii) after being informed, continues to not comply for a period of 30 days.
14.7. Consequences of expiry or cancellation:
14.7.1. If You have cancelled the Contract because We have varied the Contract or as a result of any neglect or default by Us, then (i) if You have not paid the Final Balance Payment, We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard at no cost to You (ii) if the final balance has been paid upfront, We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard at no cost to You and refund Your Payment.
14.7.2. If You have not paid the Final Balance Payment, and You are not paying the Final Balance Payment in accordance with Section 7.1.2 (via an agreed Instalment Payment Plan), We will remove the Renewables Solution from Your Premises and return Your Premises to a reasonable standard.
14.7.3. We may charge You for the costs We have incurred up until the cancellation of the Contract (as well as costs for removing the Renewables Solution and returning Your Premises to a reasonable standard). Where We do charge You for Our costs, We are entitled to recover what You owe Us either (i) by retaining an amount of Your Deposit equal to Our costs or (ii) invoicing You for the amount owed. We will return the outstanding balance of Your Deposit to You within 30 days.
14.7.4. If You have a bankruptcy petition filed against You or We reasonably believe that You will not be able to pay for the Installation of Your Renewables Solution, We may choose to end or suspend this Agreement until payment in full for the completed and ongoing Installation has been made.
14.7.5. Ending Your Contract will not affect any guarantees and warranties provided in relation to Your Renewables Solution, any rights and responsibilities that You or We had before the Contract ended, or which are due to come into force under the Contract or to continue after the date it ended.
15. Advice and Complaints
15.1. If We fail to deliver the standard of service You expect, You can contact our Support Team so that We can put it right. You can find their contact details in the “Contacting Us” section our website.
15.2. We train Our Support Team to be able to sort most things out straight away. If they can’t, Our resolution team will take over. We try to resolve complaints in four working days or less. If You’re not satisfied with how We respond, You can ask Us to review Your case. We’ll look into how We’ve handled it and decide if We should do anything differently.
15.3. If We haven’t resolved Your complaint after eight weeks, or if We have sent You a final resolution letter, also known as a deadlock letter, to say there’s no more We can do,
To ‘Know Your Rights’ and for free, independent, confidential and impartial advice on consumer issues, visit: citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 03454 040506 or fill in their energy query form. You can do any of this at any point during the complaints process.
If We change Our complaints process, We will tell You through Our website
16. Your Personal Data
16.1. We respect your right to privacy and undertake to look after any information which could identify you (“personal information”) carefully. We strictly comply with all UK data protection laws, and we are listed on the public register of data controllers, which is looked after by the Information Commissioner.
16.2. Our separate Privacy Policy applies to our customers, users of our products and services, and to our prospective customers who have shown an interest in our products and services.
16.3. This Privacy Notice tells you who we are, how we collect, share and use your personal information, and how you can exercise your privacy rights. It applies to personal information that we use to provide you with our services or products, and personal information which we collect through our website. If we change the way we handle your personal information, we’ll update the Privacy Policy and you’ll be able to see the changes.
16.4. Our Privacy policy is available for you to view here: www.greenarc.com
17. If You don’t pay
17.1.1. If You owe Us a balance after installation, You agree to make all payments You owe Us promptly and without any deductions whatsoever. If You do not pay promptly and in full when amounts owed to Us are due, or where We have reminded You that amounts are overdue, We may take reasonable action to recover any amounts owed, together with any costs We incur in dealing with an overdue payment. We may appoint a debt collection agency and/or take legal action if You do not pay (e.g. the Final Balance Payment).
18. How We’ll contact You
18.1.1. If You have given Us an email address or mobile telephone number We may email or text You to manage Your account or to provide You with useful information. We may also send You messages by social media if You have provided Us with these details.
18.1.2. If You change Your email address, social media account or mobile phone number You will need to let Us know straight away to make sure You still receive messages from Us
19. Contacting Us
19.1. If You wish to contact Us, please:
19.1.1. Write to Us at: Greenarc Limited, GMill Floor 1, Dean Clough, Halifax, West Yorkshire, HX3 5AX
19.1.2. Call Our Customer Service team on 0345 646 1410 between 9am and 5pm Monday to Friday. This is a local rate number when You call from a landline, and If You call from a mobile, charges may vary.
19.1.3. Email Us: [email protected]
20. General
20.1. We reserve the right to change the terms of the Contract. If We do, We will notify You about the changes and when they will take effect. If You do not agree with the changes, You can cancel the Contract with immediate effect by telling Us by e-mail or in writing by post within 7 days of receiving Our notification.
20.2. By agreeing to the Contract, You agree to Us carrying out a Credit Check on You. We may carry out this check before You have paid Us the Deposit. If for any reason You fail the Credit Check We reserve the right to immediately cancel the Contract.
20.3. If any court, ombudsman or any other competent authority decides that any aspect of a provision of the Contract is invalid or unenforceable, that aspect of that provision shall be severed from the Contract and shall have no effect on the remainder of the Contract.
20.4. The Contract is governed by the laws of England and Wales. Your statutory rights as a consumer are set out in legislation and nothing in the Contract, or any of Our Marketing Materials shall affect any of Your or Our statutory rights.
Important information
- To be eligible for one of our offers you will need to be over the age of 18 and approved for credit with one of our agreed lenders.
- All offers are subject to availability and may be withdrawn at any time without prior notice.
- Information and prices are correct at the time of publishing which can be subject to change due to funders terms, dealer discounts or manufacturers terms.
- All data listed is supplied from the KeeResources database and is subject to change. We cannot be held responsible for any discrepancies in KeeResources data.
- Failure to maintain payments may result in the termination of your contract agreement and the vehicle being returned to the funder.
- All vehicle images and descriptions are for illustration and reference purposes only. Please visit the manufacturer’s website for more accurate specification.
- Terms and conditions apply.
- Please be aware that you do not own the vehicle at the end of the contract under a Business or Personal Contract Hire agreement.
- You are responsible for the condition of your vehicle, at the end of the lease, you may receive damage charges
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Greenarc Vehicles’s relationship with you in relation to this website.
The term “Greenarc Vehicles” or “us” or “we” refers to the owner of the website whose registered office is Greenarc Vehicles Limited, 12 Conference Centre Offices, Brockhall Village, Old Langho, Blackburn, Lancashire, BB6 8AY. Our company registration number is 06530494. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Greenarc Vehicles’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
These terms and conditions are in accordance with the UK and Ireland Fuel Distributors Association (UKIFDA) Code of Practice for which Greenarc Ltd are a proud member.
1. Price
1.1 All products will be charged at the prices ruling at the date of order. The price quoted excludes VAT (unless otherwise stated) and VAT will be charged at the rate applying at the time of delivery. The price quoted will include delivery unless otherwise stated.
1.2 The price quoted (unless agreed otherwise) is only valid on the day given.
1.3 In the event that no price has been agreed, the price shall be Greenarc Ltd’s selling price at the date of delivery.
1.4 Any rebates discounts or allowances agreed between Greenarc Ltd and the customer are strictly subject to
compliance with any credit terms and may be granted varied or rescinded at any time at Greenarc Ltd’s, sole discretion of.
2. Payment
2.1 Payment for fuel must be by credit or debit card at the time of placing your order. We accept payment by MasterCard, Visa or Maestro. We reserve the right to charge a surcharge on orders paid using a credit card. Surcharge rates will be shown to you before you enter any card details. Payment must be made prior to delivery. There are no card processing charges in respect of payments made via debit cards.
2.2 Where credit arrangements are pre-agreed and unless other terms are specifically agreed each invoice will be payable no later than 21 days.
2.3 In the event of the failure of a the customer to pay in accordance with the credit terms interest shall be charged on the sums outstanding at the rate of 5% per annum above Barclays Bank base lending rate as published.
2.4 Greenarc Ltd reserves the right to charge a penalty for dishonoured payments at £15.00 per item.
2.5 Other action that may be taken in the event of non-payment; Greenarc Ltd reserves the right to recover (under clause 5.8 of the Late Payment of Commercial Debts Interest Act 1998) the cost of taking legal action to settle the account.
3. Delivery
3.1 Delivery times quoted are estimated.
3.2 If Greenarc Ltd fails to deliver within a reasonable time after the quoted delivery time then the customer may cancel the order (in writing (email acceptable) unless delivery has already been dispatched before written notification is received. No further claim can be made against Greenarc Ltd for any losses incurred by the customer following non delivery or delay.
3.3 Any claim for damage or discrepancies should be notified to Greenarc Ltd in writing within three days after the date of delivery.
3.4 We may decline to deliver if:
– We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
– The premises (or the access to them) are unsuitable for our delivery vehicle.
3.5 For all deliveries made to the customer’s premises the customer must provide safe and suitable access off a public road, storage facilities which comply with all the statutory local or other requirements applicable to the storage and handling of the products.
3.6 In the event that Greenarc Ltd is unable to effect delivery to the consumer by reason of the failure of the buyer to satisfy the aforesaid conditions or for any other reason (including the customer’s refusal to accept the delivery of the products or part thereof) the consumer shall pay Greenarc Ltd a delivery charge equal to £75 or 15% of the order value, whichever is greater.
3.7 The measurements of Greenarc Ltd shall be conclusive as to the quantities delivered; in particular: (a) at unmanned premises – the driver’s confirmation as shown on the reading stated on the invoice/delivery note; (b) at manned premises – signature of the consumer or their agent on the invoice/delivery note or in the absence of such a signature as in accordance with unmanned premises.
3.8 The customer must comply with any applicable laws and regulations in the avoidance of smoking, naked lights, fires, stoves or heating appliances of any description in the area of storage in particular the fill, dip and connecting vent pipes.
4. Title & Risk
4.1 Title to the goods will remain with Greenarc Ltd until the full purchase price and all associated charges relating to that sale and other monies owed have been settled in full.
4.2 Risk of the goods are with the customer from the time of delivery – in the case of delivery in bulk by road vehicle, the risk shall pass when on discharge it passes the hose connection of the storage tank, container, vessel or fill line provided by the consumer for delivery or in the case of barrel or other package deliveries the risk shall pass to you at the time of off-loading when the goods are removed from our vehicle.
4.3 If the customer suspects the goods are damaged or not delivered as agreed with the order, you must write to tell us within 7 days of delivery or the expected delivery time. You must allow time for Greenarc Ltd to inspect the goods.
4.4 Commercial customers only: you must inform us (in writing) immediately if you become insolvent.
4.5 Commercial customers only: we have your permission to enter any premises where the goods may be stored at any time to inspect them if your right to use them has ended, to remove them if necessary.
5. Measurement
5.1 For all sales the meters and proof of measurement will be the responsibility of Greenarc Ltd and will be accepted by the customer.
5.2 Greenarc Ltd are not responsible for dipping, checking or testing the customer’s tank.
5.3 The customer shall be solely responsible for ensuring the delivery of fuel is made into the correct application with sufficient capacity to receive the quantity ordered with Greenarc Ltd.
5.4 Greenarc Ltd accepts no responsibility for any damage caused by not complying with the points above in this section.
6. Orders
6.1 Any order placed by the customer whether on the phone, in writing or in electronic form shall constitute a binding contract of sale once Greenarc Ltd has accepted it.
6.2 Unless otherwise agreed in writing by Greenarc Ltd, all products shall be supplied in accordance with the conditions to the exclusion of any terms and conditions (if any) stipulated by the customer and any representations, warranties or communications not expressly incorporated in these conditions.
6.3 Should the customer wish to cancel the order, they may do so without charge, up to the day before agreed delivery date. Where a customer cancels an order after the cut off period in this clause they may be liable for the charge. If such a charge is to be levied the customer will be informed at the time of cancellation the charge that Greenarc Ltd will apply. If no fee or charge is made known at the time of cancellation then one will not be applied at a later date.
7. Return of goods
7.1 Greenarc Ltd shall accept the return of goods only by prior agreement confirmed in writing, on agreed payment of a handling charge (unless the goods were agreed to be damaged when delivered) and where the goods are fit for sale on their return as they were on the original delivery.
8. Force Majeure
8.1 Greenarc Ltd will not be liable for any failure, delay or disruption to its obligations if so prevented or hindered by circumstances of any kind whatsoever outside Greenarc Ltd’s control. Subject to this Greenarc Ltd may cancel or suspend any of its obligations to you without liability. (Examples such as war, accident, explosion, terrorism, flood or fire etc).
9. Liability
9.1 Unless attributable to the negligence or misconduct of Greenarc Ltd or its employees then the consumer shall indemnify Greenarc Ltd against all claims for personal injury, loss or damage to property brought against Greenarc Ltd by third parties arising from the business activities.
9.2 Customers are made aware that products are unsuitable for any use other than as stated to the customer at the time of sale and no liability of any kind whatsoever is accepted by Greenarc Ltd for any consequences overuse of products for any other purpose. For the avoidance of doubt, the statutory rights of a consumer are not in any way affected by these conditions.
10. Cancellation
10.1 If an order should be cancelled for any reason then the payment for all stock that we may then hold or to which we are committed is to be made in full should you fall outside of the stipulated timescales.
10.2 We may suspend or cancel the order without notice if you fail to meet your credit terms, you become insolvent or terms to your account are broken.
11. General
11.1 The customer may not assign his or its rights under these conditions in whole or in part without Greenarc Energy Ltd’s prior consent.
11.2 The customer shall adhere strictly with customs and excise regulations of Kerosene and Red Diesel (Gas Oil) and the customer shall indemnify Greenarc Ltd in respect to the improper use.
11.3 Greenarc Ltd reserves the right to report the customer to credit agencies in the event of the customer failing to meet their pre-agreed credit terms.
11.4 For quality, training and security purposes some calls may be recorded.
11.5 All conditions shall be determined in accordance with English Law.
