WEALD POWER LTD
TERMS AND CONDITIONS – CONSUMER CUSTOMERS
Business to Consumer – Supply of Goods and Services
1. ABOUT THESE TERMS
1.1 These Terms and Conditions apply to the supply of goods and services by Weald Power Ltd (“Weald Power”, “we”, “us” or “our”) to an individual acting wholly or mainly outside their trade, business, craft or profession (“you” or “the Customer”).
1.2 Our services may include, but are not limited to:
supply and installation of standby and prime power generators;
generator servicing and maintenance;
generator repairs and fault diagnosis;
load-bank testing;
electrical testing and associated electrical works;
automatic transfer switch (“ATS”) and changeover installations;
generator control systems and upgrades;
remote monitoring systems;
fuel system works and fuel-related services;
battery and hybrid power systems; and
associated works specifically stated in our quotation.
1.3 These Terms should be read together with our quotation, order confirmation and any specification, schedule or other documents expressly incorporated into the contract.
1.4 Nothing in these Terms affects your statutory rights as a consumer.
2. ABOUT WEALD POWER LTD
2.1 Weald Power Ltd is a company registered in England and Wales under company number 16579065.
Registered office:
100 Leylands Road
Burgess Hill
West Sussex
RH15 8AB
VAT Registration Number: 498692217
2.2 You can contact us by:
Email: office@wealdpower.org.uk
Telephone: 0330 043 2838
Post: At the registered office above.
2.3 References to communication "in writing" include email.
3. QUOTATIONS AND FORMATION OF THE CONTRACT
3.1 Unless otherwise stated, our quotation is based on the information available to us at the time, including information supplied by you and observations reasonably possible during any site survey.
3.2 Our quotation will identify the goods and/or services included within our scope of works.
3.3 Unless expressly included in our quotation, the price does not include additional or unforeseen works subsequently found to be necessary.
3.4 Your acceptance of a quotation constitutes an offer to purchase the goods and/or services specified.
3.5 A contract is formed when we confirm acceptance of your order in writing.
3.6 If we are unable to accept your order, we will inform you and refund any payment received in respect of goods or services we will not supply.
3.7 Any quotation is valid for the period stated on it. Where no period is stated, the quotation is valid for 30 days unless withdrawn by us beforehand.
3.8 Quotations may be revised where the specification, scope of works or information upon which the quotation was based changes before the contract is entered into.
4. SITE SURVEYS AND INFORMATION PROVIDED BY THE CUSTOMER
4.1 You must provide accurate information reasonably required for us to specify, price and perform the works.
4.2 This may include information concerning:
expected electrical loads;
existing electrical installations;
incoming electricity supplies;
earthing arrangements;
generator location;
fuel storage;
access;
existing equipment;
buried or concealed services;
building construction;
asbestos or other hazardous materials; and
any restrictions affecting the works.
4.3 Unless specifically stated otherwise, a site survey is a visual and non-intrusive assessment. We are not responsible for identifying defects, obstructions, services or other conditions that could not reasonably have been identified during such an assessment.
4.4 You must tell us of any known asbestos, hazardous materials, underground services, structural defects or other hazards that could affect our work.
4.5 We may rely upon information provided by you or by third parties acting on your behalf.
4.6 If information provided to us is inaccurate or incomplete and this results in additional work or expense, we may make a reasonable additional charge, subject to informing you of the additional work and obtaining your agreement where required.
5. SCOPE OF WORKS
5.1 We will provide the goods and services described in our quotation.
5.2 Anything not expressly included within our quotation is excluded from the contract.
5.3 Unless specifically included, our quotation does not include:
building or structural work;
excavation or groundworks;
making good or decoration;
removal of asbestos or hazardous materials;
DNO or electricity supplier works or charges;
planning permission or other third-party permissions;
upgrades to existing electrical installations;
correction of pre-existing defects;
fuel;
specialist lifting equipment;
traffic management; or
other works which become necessary because of previously unknown site conditions.
5.4 Where any of the above is included, this will be identified in our quotation.
6. ADDITIONAL AND UNFORESEEN WORK
6.1 During installation, servicing, repair or testing we may discover defects, non-compliances or site conditions that were not reasonably apparent when the quotation was prepared.
6.2 Where additional work is required, we will explain the issue and, where reasonably practicable, provide the additional cost before carrying out that work.
6.3 We will not normally undertake chargeable additional work without your agreement.
6.4 We may, however, undertake work reasonably necessary to leave equipment or an installation in a safe condition where an immediate safety risk is identified. We will inform you as soon as reasonably practicable.
6.5 If you decide not to proceed with recommended additional work, we may suspend or discontinue our work where continuing would be unsafe, unlawful or contrary to applicable technical requirements.
6.6 We are not responsible for faults or consequences resulting from remedial works recommended by us which you choose not to authorise.
7. EXISTING INSTALLATIONS AND EQUIPMENT
7.1 Unless expressly included within our quotation, we are not responsible for pre-existing faults, defects or non-compliances in your electrical installation, generator, fuel system, building or other equipment.
7.2 Our attendance, inspection, servicing or connection to existing equipment does not mean that we have inspected or accepted responsibility for the condition of the whole installation.
7.3 If an existing installation or item of equipment is found to be unsafe, defective or unsuitable for connection to equipment supplied by us, we may suspend work until appropriate remedial works have been carried out.
7.4 Any remedial work undertaken by us will be chargeable unless it formed part of our original agreed scope.
8. GENERATOR SIZING AND ELECTRICAL LOADS
8.1 Where we specify a generator or power system, the specification will be based upon the loads and operating requirements identified during the quotation or survey process.
8.2 You are responsible for informing us of all significant electrical loads which are expected to operate from the system.
8.3 Generator capacity may be affected by matters including starting currents, motor loads, power factor, harmonics, environmental conditions and the simultaneous operation of equipment.
8.4 We are not responsible for inadequate generator capacity caused by:
loads that were not disclosed to us;
additional loads installed after our assessment;
material changes in how the property or equipment is used; or
inaccurate information supplied to us.
8.5 Any material increase in electrical demand should be assessed before being connected to a standby or off-grid power system.
9. DELIVERY AND ACCESS
9.1 Delivery dates are estimates unless we expressly agree that a particular date is essential.
9.2 You must provide reasonable access to the property and working area at the agreed time.
9.3 You must ensure that access is suitable for the equipment, vehicles and personnel reasonably required to undertake the works.
9.4 Where additional equipment or labour becomes necessary because actual access differs materially from the information supplied to us, we may make a reasonable additional charge.
9.5 If we cannot carry out the agreed work because reasonable access has not been provided, we may charge you for reasonable costs incurred as a result, including wasted labour, travel, equipment hire and delivery costs.
9.6 We are not responsible for delays caused by events outside our reasonable control, including supplier delays, severe weather, transport disruption, industrial action, shortages of materials or equipment, or other circumstances which we could not reasonably avoid.
9.7 We will take reasonable steps to minimise the effect of such delays and will keep you informed where they materially affect the works.
10. TITLE AND RISK IN GOODS
10.1 Goods become your responsibility when they are delivered to you or installed at your property, as applicable.
10.2 Ownership of goods supplied by us will pass to you once we have received payment in full for those goods.
11. DEPOSITS AND PAYMENT
11.1 The quotation or order confirmation will state any deposit, advance payment or staged payment required.
11.2 Unless otherwise agreed in writing, we are not required to order equipment or commence work until any required advance payment has cleared.
11.3 Where staged payments apply, each payment becomes due at the stage specified in our quotation or order confirmation.
11.4 Unless otherwise stated, final invoices are payable within 14 calendar days of the invoice date.
11.5 Payment must be made by bank transfer or another method expressly agreed by us.
11.6 If you believe an invoice is incorrect, you should contact us promptly.
11.7 If an undisputed payment remains outstanding after its due date, we may charge interest at 4% per annum above the Bank of England base rate, calculated daily from the due date until payment.
11.8 We may suspend further work where an undisputed payment remains overdue after we have given you reasonable notice.
12. SPECIAL-ORDER AND BESPOKE EQUIPMENT
12.1 Some generators, control panels, ATS equipment, battery systems and other products may be ordered or manufactured specifically for your project.
12.2 We will identify where equipment is bespoke, personalised or manufactured to your specification where this is relevant to your cancellation rights.
12.3 Your statutory right to change your mind may not apply to goods made to your specification or clearly personalised.
12.4 Nothing in this clause affects your rights where goods are faulty, misdescribed or otherwise do not conform to the contract.
13. CHANGES TO THE WORK
13.1 If you ask us to change the agreed works, we will tell you whether the requested change is possible.
13.2 We will inform you of any material effect on the price, specification or anticipated completion date before proceeding with the change.
13.3 Changes agreed between us will form part of the contract.
13.4 We may make minor technical changes which do not materially affect the function or quality of the installation where necessary to comply with applicable requirements or to accommodate site conditions.
14. SERVICING, INSPECTION AND FAULT DIAGNOSIS
14.1 A generator service is intended to carry out the maintenance tasks included within the agreed service scope. It does not constitute a guarantee that the generator or associated equipment is free from all defects.
14.2 Unless expressly included, routine servicing does not constitute a comprehensive inspection or test of every component of the generator, electrical installation, fuel system or connected equipment.
14.3 Fault diagnosis may involve a process of testing and elimination.
14.4 We will exercise reasonable care and skill when diagnosing faults but cannot guarantee that every intermittent, concealed or developing fault will be identified during an initial attendance.
14.5 Where further investigation, parts or additional attendance is required, we will advise you accordingly.
14.6 The replacement of one failed component does not mean that other components will not subsequently fail.
14.7 Where we identify recommended remedial work, we will advise you. Unless included in the original scope, such work will be subject to additional agreement.
15. LOAD-BANK AND OPERATIONAL TESTING
15.1 Where load-bank testing or building-load testing is undertaken, the test will be performed in accordance with the scope agreed with you.
15.2 Testing demonstrates equipment performance under the conditions existing at the time of the test and does not guarantee future operation or eliminate the possibility of subsequent failure.
15.3 We may stop testing if continuing could reasonably cause damage or create an unsafe condition.
15.4 Any defects identified during testing will be reported to you and any remedial work will be separately chargeable unless otherwise agreed.
16. FUEL
16.1 Unless we have expressly agreed to supply fuel, you are responsible for ensuring that sufficient suitable fuel is available for operation of the generator.
16.2 We are not responsible for faults or damage caused by contaminated, degraded, incorrect or unsuitable fuel where that fuel was not supplied by us.
16.3 Where we identify suspected fuel contamination or deterioration, we may recommend fuel sampling, fuel polishing, tank cleaning or replacement.
17. CUSTOMER RESPONSIBILITIES AFTER INSTALLATION
17.1 Following installation you must operate and maintain the equipment in accordance with the manufacturer's instructions and any reasonable instructions provided by us.
17.2 You are responsible for:
arranging servicing at the recommended intervals;
maintaining sufficient suitable fuel;
maintaining ventilation openings and access;
responding appropriately to warnings and alarms;
ensuring equipment is not altered by unauthorised persons; and
informing us of significant changes to the installation or electrical load where relevant.
17.3 Failure to properly operate or maintain equipment may affect its reliability and may affect any applicable manufacturer's warranty.
18. WARRANTIES
18.1 Goods supplied by us may benefit from a manufacturer's warranty. The duration and conditions of such warranties vary by manufacturer and product.
18.2 Manufacturer warranties are subject to the relevant manufacturer's terms, including any servicing and maintenance requirements.
18.3 We will provide reasonable assistance with legitimate warranty claims relating to equipment supplied by us.
18.4 Unless otherwise stated in our quotation, we warrant that our installation and repair workmanship will be carried out with reasonable care and skill.
18.5 Warranty coverage does not extend to faults caused by matters outside our reasonable control, including:
misuse or neglect;
failure to maintain equipment;
contaminated or unsuitable fuel;
unauthorised alteration or repair;
accidental damage;
flooding or water ingress not caused by our work;
external electrical faults;
abnormal loads;
damage caused by third parties; or
failure of components unrelated to work undertaken by us.
18.6 Nothing in this section limits your statutory consumer rights.
19. YOUR RIGHT TO CANCEL
19.1 Where the contract is entered into at your home, online, by telephone or otherwise away from our business premises, you may have a statutory right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
19.2 For services, the normal cancellation period is 14 days beginning on the day after the contract is entered into.
19.3 For goods, the normal cancellation period is 14 days beginning on the day after you, or a person nominated by you, receives the goods, subject to the applicable statutory rules.
19.4 Certain goods are excluded from the right to change your mind, including goods made to your specification or clearly personalised.
19.5 Your right to change your mind does not affect your rights in relation to faulty or misdescribed goods or services which have not been provided with reasonable care and skill.
20. WORK STARTING DURING THE CANCELLATION PERIOD
20.1 If you want us to begin providing services during your statutory 14-day cancellation period, you must expressly request that we do so.
20.2 If you subsequently cancel after requesting that work begins during the cancellation period, you may be required to pay a proportionate amount for the services provided up to the time you inform us of your cancellation.
20.3 If the services have been fully performed during the cancellation period following your express request and acknowledgement that your cancellation right will be lost upon full performance, you will no longer have the right to change your mind in relation to those completed services.
21. HOW TO CANCEL
21.1 To exercise a statutory cancellation right, you must clearly tell us that you wish to cancel.
You can contact us at:
Weald Power Ltd
100 Leylands Road
Burgess Hill
West Sussex
RH15 8AB
Email: office@wealdpower.org.uk
Telephone: 0330 043 2838
21.2 You may use the cancellation form at the end of these Terms, but you are not required to do so.
21.3 Where goods have been supplied, we will explain the applicable arrangements for their return or collection.
21.4 Any refund will be made in accordance with your statutory rights.
22. OUR RIGHT TO SUSPEND OR END THE CONTRACT
22.1 We may suspend work or end the contract where:
you fail to make an undisputed payment when due and do not remedy this following reasonable notice;
you fail to provide information reasonably necessary for the work;
you fail to provide reasonable access;
continuing the work would be unsafe or unlawful;
required additional work is identified but you decline to authorise it and the original works cannot safely or reasonably continue; or
you otherwise materially breach the contract.
22.2 Where we end the contract because of your breach, we may retain or charge reasonable amounts representing work performed and net costs reasonably incurred as a result of the termination.
22.3 We will refund any advance payment relating to goods or services that will not be provided, less any amount we are lawfully entitled to retain.
23. FAULTY GOODS OR SERVICES
23.1 We are under a legal duty to supply goods which conform to the contract and to provide services with reasonable care and skill.
23.2 If you believe there is a problem with goods or services supplied by us, please contact us promptly so that we can investigate.
23.3 Nothing in these Terms limits the remedies available to you under applicable consumer law.
24. OUR RESPONSIBILITY TO YOU
24.1 We are responsible for foreseeable loss or damage caused by our failure to comply with the contract or our failure to exercise reasonable care and skill.
24.2 We are not responsible for loss or damage that was not reasonably foreseeable when the contract was entered into.
24.3 Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of statutory consumer rights; or
defective products where liability cannot lawfully be excluded.
24.4 We are not responsible for repairing pre-existing defects or damage discovered while undertaking our work unless such repairs are included within the agreed scope.
24.5 A standby generator, battery system or other backup power system reduces the risk and impact of loss of mains electricity but cannot eliminate the possibility of interruption or equipment failure.
24.6 Unless expressly agreed otherwise, our supply, installation, servicing or testing of backup-power equipment does not constitute a guarantee of uninterrupted electricity supply.
24.7 You should tell us before entering into the contract if loss of electrical supply could reasonably result in unusually significant loss or damage so that appropriate system design or additional precautions can be considered.
25. DELAYS OUTSIDE OUR CONTROL
25.1 We are not responsible for delays caused by circumstances outside our reasonable control.
25.2 If such an event materially delays the work, we will contact you as soon as reasonably practicable and take reasonable steps to minimise the effect of the delay.
25.3 Your statutory rights in relation to significant delays are unaffected.
26. PERSONAL INFORMATION
26.1 We will process personal information in accordance with our Privacy Policy.
26.2 We may provide personal information to third parties where reasonably necessary to perform the contract or where required or permitted by law.
27. OTHER IMPORTANT TERMS
27.1 If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in effect.
27.2 If we delay enforcing a right under the contract, this does not mean that we have waived that right.
27.3 The contract is between you and Weald Power Ltd. No other person has a right to enforce its terms except where the law provides otherwise.
27.4 We may transfer our rights and obligations under the contract to another organisation provided this does not reduce your rights under the contract.
27.5 You may only transfer your obligations under the contract with our written agreement.
27.6 These Terms and the contract are governed by English law.
27.7 If you live in England or Wales, proceedings may be brought in the courts of England and Wales. If you live in Scotland or Northern Ireland, you retain any applicable statutory right to bring proceedings in the courts of the part of the United Kingdom in which you live.
28. ORDER OF PRECEDENCE
28.1 If there is any inconsistency between these Terms and our quotation, the quotation will take precedence in relation to the specific description, specification, price, payment schedule and scope of the particular works.
28.2 These Terms will otherwise apply to the contract.
CANCELLATION FORM
Only complete and return this form if you wish to cancel a contract and have a legal right to do so.
To:
Weald Power Ltd
100 Leylands Road
Burgess Hill
West Sussex
RH15 8AB
Email: office@wealdpower.org.uk
I/We hereby give notice that I/We wish to cancel my/our contract for the following goods and/or services:
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Order/quotation number:
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Ordered on / received on:
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Name of consumer(s):
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Address of consumer(s):
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Signature (only required if submitted on paper):
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Date:
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REQUEST TO START WORK DURING THE 14-DAY CANCELLATION PERIOD
Where applicable:
I expressly request that Weald Power Ltd begins providing the services before the end of my 14-day cancellation period.
I understand that if I cancel after the services have begun, I may be required to pay a proportionate amount for the services supplied up to the point at which I cancel.
I also understand that if the services are fully performed during the cancellation period following my express request, I will lose my statutory right to change my mind once those services have been fully performed.
Customer name:
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Signature:
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Date:
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