Please read these Terms and Conditions carefully

We have today carried out a survey at Your Premises for the purposes of insulation in conjunction with the ‘CosyDevon’ scheme. If You sign this Contract now You will be placing a firm order with Us to carry out the Works (subject to Clause 7). If You do not wish to sign this Contract now and our surveyor leaves it with You then We will hold the price We have quoted for 28 days. If You sign this contract and send it Us within 28 days of today We will carry out the Works at that price. We retain the right to revise the price of the Works if a pre-site visit or Our installers identify any additional potential costs when they arrive on site but We will advise You of these at the time We survey your Premises.

We try to keep any dates for delivery and insulation (the Works) which We have agreed with You. However We will not pay for any loss or damage You incur if We miss these dates due to circumstances beyond Our control. If You do not wish to agree to a new date, You may end the Contract. We will then refund any monies You have paid.

These Terms and Conditions along with Your Quotation and the Customer Information Pack constitute the entire agreement between Us and You for the Works, as set out in Your Quotation.

Please check that the details in Your Quotation are complete and accurate before You commit yourself to this Contract as You will be bound by these Terms and Conditions once the Contract comes into existence , in accordance with Clause 2.2 this is however subject to Your rights under Clause 7. You should also pay particular attention to Clause 9 which sets out the extent of Our liability under this Contract.

If You think that there is a mistake, please make sure that You ask Us to confirm any changes in writing, as We only accept responsibility for statements and representations made in writing by Our authorised employees and agents.

These Terms and Conditions are written to be as clear and self explanatory as possible but if there is anything that You do not understand or would like clarification on please call Our customer care team on 0800 054 6250.

1. DEFINITIONS

The installation of the Work in your Quotation will be carried out by Our engineers with all reasonable skill. The following definitions apply in these Terms and Conditions:

Additional Work – means any additional work that is required to complete the Work, which was not included in Our Quotation or was not reasonably foreseeable on a visual inspection of the Work.

Contract – means the contract between You and Us for carrying out the Work which shall include these Terms and Conditions and Your Quotation.

CosyDevon – means the scheme under which E.ON are working with Devon County Council, East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon District Council, South Hams District Council, Teignbridge District Council, Torbay Unitary Council, Torridge District Council and West Devon Borough Council for the installation of energy efficiency measures under the Energy Company Obligations Order 2012.

Customer Information Pack – means the information We issue to You describing the specification of the Work.

Premises – means the domestic address shown on Your Quotation at which We shall carry out the Work.

Price – means the total price you must pay for the Work as set out in Your Quotation.

Quotation – means the form that sets out the Work that We will carry out at the

Premises and the Price. There may be no cost to you for the Work, We will carry out, however a quotation summarising the work to be completed will still be sent, confirming there is nothing to pay.

We/Us/Our/E.ON – means E.ON Energy Solutions Limited.

The Works – means the installation of cavity wall and/or loft insulation.

You/Your – the person or people who have entered into this Contract with Us.

2. YOUR CONTRACT

2.1 The Quotation is an offer by Us to carry out the Work at the Price quoted (this may be nothing) and is made on the basis that We will only carry out the Work if a binding contract is formed between You and Us in accordance with Clause

2.2. The Quotation shall be valid for a period of 14 days from its date of issue, unless We notify You in writing that We have withdrawn it during this period.

2.2 To accept the Quotation, You must telephone us on 0800 054 6250. If You do this, the Contract shall come into existence and these Terms and Conditions shall become binding on You and Us (subject to Clause 7). We will not carry out any Work until you have accepted the Quotation. Full payment (if any) will be taken by our authorized installer prior to the Works being completed, in line with the quote provided.

2.3 We will endeavor to carry out the Work on the date(s) which We have agreed with You, however occasionally performance may be affected by factors beyond Our control and so any date agreed cannot be guaranteed. We will let You know if We become aware of an unexpected delay and We will arrange with You new date(s) to carry out the Work.

2.4 You may at any time before We carry out the Work, change the Work to be carried out or cancel this Contract (in each case) by writing to Us. If you cancel this Contract before We carry out the Work You will have to pay to Us any costs We have reasonably incurred in connection with the Contract before We receive Your cancellation. We will deduct these costs from any monies You have paid Us and refund the balance to You. You will not be required to pay Our costs where Clause 7.1 (ii) applies.

2.5 If before the Work is carried out You tell Us that You wish to change the Work to be carried out, We will tell You if the Price will also changed as a result. We may send You a new Quotation and ask You to sign a new Quotation Acceptance Letter before We carry out the Work.

3. THE WORK

3.1 The Works will be supplied by an approved supplier who complies with standards contained in one of a number of British Board of Aggregates Certificates. The Way in which We install the insulation will also comply with the relevant standards. If You wish to see a copy of the relevant certificate or send it to an independent surveyor we will send it to You if You write to Us at E.ON Energy Solutions Ltd, Holbeache Building, 241 High Street, Kingswinford, West Midlands, DY6 8BN.

3.2 In order to install The Works at your Premises We will need to drill 25mm (1”) holes through Your external walls. When insulation is finished, We will fill the holes with mortar and make good to a closely matching finish. We will NOT guarantee an exact match, particularly on rendered finishes, as weathering of the existing paintwork makes this nearly impossible. Please note We only paint over the holes not the entire rendered section.

3.3 We will ensure ventilation bricks are left clean so that the circulation of air will continue.

3.4 If you have asked Us to insulate your loft as part of The Works please note that We will not be responsible for removing or replacing items stored in the loft.

3.5 You are responsible for obtaining any planning, building regulations or party wall consents required for Us to carry out the Works, We will advise You if any of these consents are required

3.6 We accept no responsibility for any expenses, claims, damage or other losses arising directly or indirectly out of or in connection with any failure to obtain planning, building regulation or party wall consents.

General Installation Provisions

3.7 We will need to enter Your Premises during our normal working hours 08.30 to 17.30 Monday to Friday to inspect it, to install the insulation (the Works) or to carry out remedial work. However we will only enter Your Premises with agreement from You. We will also need access to electricity and water supplies in order to carry out the Works.

3.8 Some aspects of the Works may involve drilling which occasionally causes vibration and dust. We will our best to avoid damaging your possessions, but We would ask You to remove delicate items and ornaments from windowsills and pictures hung on internal walls which back on to walls we are drilling. If You do this but something is still damaged and this is our fault, We will pay for repairing or replacing it.

3.9 When carrying out the Works, We will not;

(i) repaint or redecorate surfaces or pipework affected by the Works;
(ii) accept responsibility for damage to carpets or other floor coverings caused by lifting or refitting, unless We have been negligent.

4 YOUR RESPONSIBILITIES

Access to Premises

4.1 It is Your responsibility to let Us into the Premises at the time of Our appointment(s) to carry out the Works, If We need access to adjoining property to complete the Works You will ensure that permission is obtained for access. If We are not able to gain access to the Premises or any required adjoining property at the time of any appointment, because You are not available to provide access, We will not be able to carry out the Works. In these circumstances, We will write to You and inform You that We were not able to carry out the Works.

4.2 If We fail to gain access to Your Premises to carry out the Works at the time of any appointment, We reserve the right to charge You for the cost of Our attending Your Premises for that appointment.

Conditions at the Premises

4.3 You are responsible for making sure that:

(i) conditions at the Premises are suitable for Us to carry out the Works; and
(ii) all the necessary facilities, services and supplies are already installed and working at the Premises. These include earthing and the supply of gas, electricity and water. If You do not have suitable earthing, We can give You a separate quotation for this.

4.4 If We consider that the conditions at Your Premises are not suitable for Us to do the Works (which may include the presence of asbestos at the Premises) We will tell You what You need to do before We can perform the Works.

4.5 If You have had asbestos removed, You must give Us the clean air certificate before We do any Works. By law, a clean air certificate will be given to You by the person who removes the asbestos after they have removed the asbestos.

4.6 The quoted Price does not include the cost of removing any dangerous waste material, such as asbestos, which could not have been reasonably foreseen when We gave You the original quotation and which We became aware of only when doing the Works. Such work will be an extra cost. When You have had any asbestos removed, a clean air certificate must be provided before We will do any further work on Your Premises.

4.7 Before We start Works, You must clear any furniture or fittings from any rooms or roof space that We need to enter to do the Works. Our representative will agree with You how much clearing You will need to do. If You do not clear the furniture and fittings as agreed, We may charge you a reasonable amount to cover Our costs for any delay. If You would like Us to carry out any clearing work, We may do so but We are not liable for any damage caused as a result (unless We have been negligent) and We may charge You a reasonable amount to carry out this work (which We will agree with You before hand).

4.8 If You do not comply with Your obligations under this clause 4 We will have the right to cancel the Contract in accordance with Clause 7.1(iv).

Parts and Equipment

4.9 Any parts or materials required to complete the Works will be Your responsibility from the time of delivery to the Premises.

4.10 If We leave any equipment or tools with You (with Your agreement), and You damage or lose them (or fail to prevent damage or loss), We may charge You for Our costs in replacing them.

Treatment of Our staff

4.11 You must at all times behave appropriately when Our staff visit Your Premises. You must not physically or verbally abuse Our staff in any circumstances.

4.12 If You physically or verbally abuse Our staff who visit Your Premises, We may cancel Your
Contract. In these circumstances You will not be entitled to a refund of any payments.

5 PAYMENT OF THE PRICE

5.1 You agree to pay the Price at the time of acceptance of the Quotation. The balance of any monies owed must be paid to Our installers on completion of the Works, they will advise You of payment methods they can accept. If You do not pay Us at that time without good reason We reserve the right to charge you interest at 1.5% per month on the amount still due to Us.

5.2 Once payment in full has been received, We will at our cost arrange for an independent guarantee to be issued by The Cavity Insulation Guarantee Agency. This guarantee is normally issued within 6-12 weeks after completion of the insulation. However if We have not been paid in full because of a valid dispute about the work we have done for You, we will still arrange the guarantee for You.

5.3 This guarantee is in addition to Your legal rights (such as your right to be supplied with insulation which is of satisfactory quality and to obtain compensation for defective workmanship), which come into force automatically as soon as the insulation is installed.

5.4 The Price includes VAT. However if the rate of VAT changes between the date of the Quotation and the date You accept the Contract, We will adjust the VAT You pay, unless You have already paid for the Works in full before the change in the rate of VAT takes effect.

6 ADDITIONAL WORK

6.1 We shall not be required to carry out any Additional Work.

6.2 If any Additional Work is required, We shall inform You as soon as possible and (if possible) provide You with an estimate of the likely time required to complete the Additional Work and any increase in the Price.

6.3 We shall not be required to continue with any Work unless and until any increase in the Price has been agreed by You. We may send You a new Quotation and ask You to sign a new Quotation Acceptance Letter before We carry out the Works (which shall include the Additional Work).

6.4 You have no obligation to agree to any increase in the Price for carrying out the Additional Work, and either We or You may cancel this Contract. We shall be entitled to charge You a reasonable amount to cover Our costs in carrying out the Works up to the date the Contract is cancelled and in connection with restoring Your Premises. We may deduct these costs from any payments made by you and We may recover the excess from You.

7 ENDING THIS CONTRACT

7.1 Once you have accepted the Quotation in accordance with Clause 2.2, neither You nor We may cancel this Contract unless:

(i) You notify us of cancellation within 14 days of accepting the Quotation; or
(ii) These Terms and Conditions allow it; or
(iii) We are in breach of any of the terms of this Contract in which case You shall be entitled to cancel the Contract; or
(iv) You are in breach of any of the terms of this Contract, in which case We shall be entitled to cancel the Contact; or
(v) There is a health and safety issue that means it is inappropriate for the Contract to continue, in which case, We may cancel the Contract.
(vi) We are unable to obtain a Cavity Wall Insulation Guarantee Agency Guarantee (CIGA) for the Premises due to its construction type.
(vii) There has been a change in the Energy Company Obligation Order 2012 which affects Our ability to claim carbon credits associated with the Works.

7.2 We shall also be entitled to end this Contract if We start to install insulation (the Works) at Your Premises and find that the structure of Your Premises is not suitable for the Works We have agreed to carry out then We will end this Contract under Clause 7.

7.3 If You cancel the Contract in accordance with clause 7.1 (iii), Our liability to You is set out in Clause 9.

8. COMPLAINTS

8.1 If You have a complaint about any or our Works or You wish to make a claim for reimbursement of loss or damage You have incurred You must let Us know. This must be in writing as soon as reasonably possible.

8.2 We will record the details of Your complaint on a complaint form and endeavor to resolve any issues within 7 days of notifying Us.

8.3 If Your complaint about our Works could cause potential harm to You, Your possessions or members of the public We will escalate the complaint and will visit site to resolve the issue within 24 hours.

8.4 Once a resolution has been agreed, We shall ask You to sign the complaint form confirming You are satisfied with the agreed resolution.

9 LIABILITY

9.1 We do not attempt to limit or exclude liability for death or personal injury caused by Our negligence and for any other matter for which it would be illegal or unlawful for Us to do so.

9.2 We are responsible for direct loss that is a foreseeable consequence of Our breaching this Contract, Our negligence or Our breach of statutory duty. We are not liable for any other loss, including (but not limited to):

(i) losses caused by an event or circumstances beyond Our reasonable control;
(ii) any loss of income, revenue, profit or anticipated savings;
(iii) any business losses.

9.3 We are not liable for:

(i) any damage caused by failures of Your central heating system (whether or not installed by Us) that result from Your decision not to carry out remedial work that We have recommended;
(ii) normally insured risks, such as but not limited to subsidence, structural repairs, fire, theft, accident, explosion, flood or storm;
(iii) remedial work arising from structural or renovation work carried out at the Premises by You or a third party, for example the removal of radiators or addition of new equipment or system extensions;
(iv) any costs associated with re-housing the occupants of a property or for any costs associated with alternative heating methods in circumstances where We are required to disconnect Your boiler or central heating system (whether or not installed by Us);
(v) the cost of any reinstatement or redecoration required as a result of the Work We undertake unless the reinstatement or redecoration is required because We have been negligent, or We are in breach of this Contract or Our statutory duty.

10 DATA PROTECTION

10.1 We and Our agents will use information We have about You to administer and carry out the Works.

10.2 The personal information that we will process includes, but is not limited to, Your contact details and information about Your property. We will protect and process Your personal information in accordance with our data protection policy, a copy of which is available upon request, or at e.on.com/en/info-service/legal/privacy-policy.html.

10.3 We will use personal information that You supply to us primarily to carry out Our obligations to you under any agreements We have entered into (or intend to enter into) with You. This may include using Your personal information for statistical analysis and assist in the targeting of energy saving activity.

10.4 We will share details relating to Your property/installation, but not Your name, with the Department of Energy and Climate Change, local authority’s with Work with under the Cosy Devon Scheme and the Energy Saving Trust.

11 GENERAL PROVISIONS

11.1 This Contract is personal to You and the Premises. You may not transfer Your rights or obligations under this Contract to any other person or property without Our prior written consent.

11.2 We may transfer Our rights and obligations under this Contract to another company. If We do so, this will not affect Your obligations or liabilities under this Contract.

11.3 Nothing in this Contract will affect either Our or Your statutory rights.

11.4 We reserve the right to make use of carefully selected partner organisations to help Us to provide the Work.

11.5 This contract is governed by the laws of England and Wales for supply in England and Wales.