Smart Home Heat Terms & Conditions
1. Our Agreement
1.1 These terms and conditions form the agreement between you and us:
(a) you are the person who has received a quote for the installation of Heaters, either by filling in our initial estimate form or after a visit by one of our Engineers; and
(b) we, us, our or OVO is OVO Energy Limited. Our address is 1 Rivergate, Temple Quay, Bristol BS1 6ED.
1.2 Capitalised terms used in this agreement are defined in clause 16.
1.3 You agree that we may change this agreement at any time. You will be notified of any change that is materially detrimental to you 30 days in advance via email or post before we make any changes.
2. Dimplex Heaters
2.1 These terms and conditions set out the process for quotation, purchase, delivery and Installation of the Heaters. One of our group companies or or subcontractors will carry out the Installation.
2.2 We’ll provide you with an Initial Quote, following which we'll need to carry out a Survey of your Property. Once we’ve carried out the Survey we’ll provide you with a Final Quote, which will set out a full breakdown of the costs for the Heaters and Installation.
2.3 There will be a separate charge for the Heaters and the Installation, which we'll set out in our Final Quote.
3. Your Promises
3.1 You agree that:
(a) you won’t resell the Heaters as part of a business;
(b) the Property where the Heaters will be Installed is in one of the Available Regions;
(c) you will, to the best of your knowledge, provide true and accurate information to us at the Survey and online form stages;
(d) your Property is connected to mains electricity;
(e) you will keep us up to date with any changes to your contact details (including email address & phone number);
(f) the Heaters may be delivered to your Property prior to Installation. You will be responsible for them when you accept delivery and will thereafter be liable for any loss or damage (including the parts and labour costs of repairs and/or replacements) regardless of how it happens. You agree to contact us if any damage to the Heaters occurs; and
(g) you will inspect the Heater packaging for damage before you accept delivery. You agree to contact us before accepting delivery and as soon as you become aware if you think a Heater is damaged.
3.2 You confirm that you have all necessary permissions relating to the Installation of Heaters, including where required:
(a) if you don’t own the property, you have have written permission from the homeowner, landlord or local council, as applicable; and/or
(b) if you live in a listed building, you have permission from your local planning authority.
3.3 Unless you tell us otherwise, we'll assume that you have the permissions in clause 3.2. We won’t be responsible if we carry out any Installation and you don’t have the necessary permissions. You will be responsible for any losses we suffer as a result of you failing to get the right permissions.
3.4 Notwithstanding clauses 3.1-3.3, it is in our absolute discretion whether we Install the Heaters at your Property.
4. Quoting for the Heaters
4.1 When you call us, or visit our website, we'll ask you some questions about your Property. On the basis of your answers, we'll provide you with an Initial Quote for the Heaters and Installation. We'll share this quote with you on the phone, or via the website and via email - depending on how you got in touch.
4.2 The Initial Quote is not binding on us or you and is for indicative purposes only.
4.3 If you wish to proceed after receiving an Initial Quote, we’ll agree a time with you to carry out a Survey (see clause 5 below) of your Property.
4.4 Once we’ve carried out the Survey, we’ll be able to provide you with a Final Quote. The Final Quote is specific to your Property and heating requirements.
4.5 The Final Quote will replace the Initial Quote and may differ to the Initial Quote, due to: changes in your requirements, any additional work required, or the size and thermal properties of all or part of your Property.
4.6 You're not under any obligation to place an order once you receive the Final Quote. You will not be charged for the Survey should you choose not to place an order.
4.7 If you place an order based on the Final Quote, this will constitute an offer to purchase the Heater and Installation. Your order is not accepted until we confirm to you. We may choose whether to accept the order at our discretion.
4.8 Your Final Quote will expire 30 days after it is issued. If you wish to proceed with the purchase after this date, you should contact us on 0330 303 5063 or email@example.com and we can provide you with an updated Final Quote. Please note, that quotation provided in the Final Quote may change.
5.1 We (or our subcontractors) will contact you to arrange the Survey or you can arrange it online or on the phone.
5.2 During the Survey, we'll take measurements of the rooms in your Property and ask you questions about your Property’s heating requirements.
5.3 You agree to provide our Engineer with access to your Property to carry out the Survey.
5.4 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Survey and can provide us with information about the heating requirements of the Property.
5.5 We aren’t responsible for any delays or failures to carry out a Survey caused by circumstances beyond our control or which were unforeseeable.
5.6 If you can’t make an appointment, please contact us at least 24 hours before its scheduled time. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
5.7 If you cancel your Survey within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment.
6. Pricing and Payments
6.1 The price you will pay for the Heaters and Installation will be set out in your Final Quote, unless there are any additional costs (see clause 6.3).
6.2 The price in your Final Quote includes, unless otherwise agreed with you:
(a) the Heaters you have requested a quote for;
(b) Installation of the Heaters;
(c) VAT on the Heaters and Installation at the current rate;
(d) delivery of the Heaters; and
(e) removal and disposal of non-hazardous materials from your Property, if we determine this to be required as part of the Installation (this may include removal of your old storage heater or other heating device).
6.3 The Final Quote does not include the following items, and you will be responsible for any additional costs relating to these:
(a) any changes to or additional work required to the work covered by the Final Quote, which you request
(b) any work not included in your Final Quote which is required to install the Heaters which:
(i) was not reasonably evident from information you provided to us;
(ii) would not have been reasonably evident to us during the Survey; or
(iii) is the result of incorrect or untrue information you provided to us or missing information.
You are responsible for any losses we suffer as a result of incorrect, untrue or missing information.
(c) the cost of removing dangerous or hazardous waste materials, such as asbestos. We will not be able to provide removal services relating to these materials, so if required, you will have to arrange these services separately.
(d) the cost of replacing your consumer unit (fuse box), which may be required to complete the Installation. If required, you can contact a specialist electrician to complete this work or we may be able to arrange to have it replaced at an additional cost;
(e) any labour costs for lifting or taking up floor coverings, so we can complete the Installation. We'll give you as much notice as possible if we need you to do this. We will not be able to lift or take up floor coverings, so if required, you will have to arrange these services separately.
(f) any cost for you to redecorate, repair or restore certain areas once the Installation is completed; and
(g) any costs we charge you for missed Survey or Installation appointments (see clauses 5.7 and 7.15).
6.4 If any additional work is required under clause 6.3, we’ll explain why the additional work is required. If we can carry out the additional work, we will revise your Final Quote.
6.5 You can pay for the Heater and Installation using a credit or debit card either through our website after we have issued you with your Final Quote. You may also be able to pay via third party finance arrangement introduced by us (subject to eligibility) (see clause 6.6 below). Subject to clause 6.6, you’ll need to pay in full before we will supply you with the Heaters or carry out the Installation. You won’t have any ownership rights over the Heaters until you pay for them in full.
6.6 If you enter into a credit agreement with a finance provider introduced by us in order to fund the cost of this contract, payment of the invoice will be automatically processed between us and the finance provider when the balance becomes due. You will need to enter a separate agreement with that finance provider and the terms of that separate finance contract will apply. If the credit agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the full balance of the Final Quote will become immediately payable by you. This does not affect your statutory rights.
7.1 We (or our subcontractors) will attempt to contact you to arrange the Installation within 2 Working Days of payment being received.
7.2 Unless we agree in writing, the Installation will also include removal and disposal of existing fitted electric heaters from your Property.
7.3 You agree to provide our Engineer with access to your Property to carry out the Installation.
7.4 We'll try to meet your Installation date, but we may change this date. If we do, we'll try to notify you of any changes as soon as possible. We won’t be liable to you for any losses due to changing your Installation date, for any reason.
7.5 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Installation and can provide us with information about where to install the Heaters.
7.6 You will let us know if there are any local restrictions which may affect the Heaters’ delivery, for example: local parking restrictions, steep stair climbs or long carrying distances. If we aren’t able to deliver the heaters due to local restrictions we won’t be responsible for delays and may charge you for redelivery and any other costs incurred by us.
7.7 We aren’t responsible for any delays or failures to carry out a Installation caused by circumstances beyond our control or which were unforeseeable.
7.8 We aren’t responsible for any losses you incur due to delays to your Installation, however caused. We won’t pay any compensation if we can’t complete an Installation during a scheduled appointment.
7.9 If we aren’t able to complete any Installation in a single appointment, we’ll make an additional appointment to complete the work. Unless there are additional fees payable under these terms or which we’ve otherwise told you about, you won’t be charged additional fees for this additional appointment.
7.10 We won’t start or continue the Installation if we believe there is a health and safety risk to our Engineers or any other person, and we won’t return to complete the Installation until that risk is resolved.
7.11 If we are unable to complete the Installation for any reason that is not our fault, you may still be liable for costs incurred by us.
7.12 Our Engineers will take reasonable care to carry out the Installation without causing unnecessary damage. We’ll fix any unnecessary damage to your Property that is directly caused by our negligence.
7.13 You acknowledge that the installation of the Heaters (including removing or dismantling existing fixtures and fittings) may cause some incidental damage and this will be your responsibility. We will not be responsible for fixing this incidental damage.
7.14 You also acknowledge that sometimes we have to do extra work if we cannot use existing wiring to install the Heaters, and this can cause damage to things like inside and outside finishings (for example, wallcoverings and paint). You may need to redecorate, repair or restore certain areas once the Installation is completed. This is not included in the price we quoted and you will be responsible for this.
7.15 If you cancel your Installation within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
8. Agreement Termination
8.1 We may terminate this agreement with immediate effect if you breach any of your obligations under this agreement.
8.2 We can cancel this contract at any time by giving you written notice. If we cancel this contract without good reason, we will pay you any reasonable costs you have incurred as a direct result of our cancellation.
8.3 If you cancel this contract after work has started, we'll charge you our reasonable costs for:
(a) any work already carried out; or
(b) any Heaters already Installed at your Property.
8.4 If you have asked us to start work before the end of the Cooling Off Period, you’ll be asked to make an “express request” confirming that you are happy for work to begin during the Cooling Off Period. If you make an “express request” for the work to start, you can still cancel within the Cooling Off Period, as long as the Installation is not completely finished. However, if you do cancel after making the “express request” you will be liable for any work performed up to the point of cancellation. You also acknowledge that you will lose the right to change your mind and cancel the contract during the 14-day cancellation period once the installation services have been fully carried out by us.
9.1 If you would like to request a refund, you must contact us on 0330 303 5063 or firstname.lastname@example.org to inform us of your request.
9.2 If you are within your Cooling Off Period, subject to clause 8.3 and 8.4, your refund will be issued in full.
9.3 . If you request a refund within your Cooling Off Period, we will not refund you for services already provided or for any reduction in the value of the Heaters if:
(a) the value of any Heaters we delivered to you is reduced due to damage caused or handling by, you or a third party; or
(b) you request a refund after the Heaters have been Installed
9.4 Refunds can only be issued to the card used for the original payment.
9.5 Refunds will be processed within 10 Working Days of your request.
10. After Installation
10.1 Following a successfully completed installation, you must only use your Heaters in line with the instructions provided in the user manuals from the manufacturer.
10.2 We warrant that the Heaters will be free in all material respects from defects in design, material and workmanship and remain so for 24 months after Installation. If during that 24 month period you have any issues with your Heater’s operation e.g. the heating controls are not behaving as you would expect, you should contact us on 0330 303 5063 or email@example.com. If the problem is due to a faulty Installation or defective Heater, then we'll arrange a repair or (if we are unable to repair) a replacement, free of charge. Please note we may need to visit your property and/or send away the Heater in order to investigate and carry out repairs.
10.3 If we determine that any fault or issue with the Heaters has been caused by failure to use the Heater in line with the instructions provided to you; fair wear and tear; wilful damage, vandalism or negligence on your or a third party’s part; by abnormal storage or working conditions at your Property; by alterations or repairs to the Heater made without our consent, we will not be required to repair or replace the Heater free of charge. Instead, you will be responsible for the repair costs for parts and labour. We may charge you up to £99 including VAT for the call out, plus any additional costs for parts and labour if you ask us to carry out a repair.
11. Manufacturer's Warranty
11.1 The Heaters may also come with a warranty from the manufacturer. For further information about the specific product warranty, please visit https://www.dimplex.co.uk/terms-and-conditions and www.dimplex.co.uk/warranty-home.
11.2 If the warranty requires registration of the Heater to be valid, it is your responsibility to register the warranty with the manufacturer within the time period specified by the manufacturer.
11.3 The manufacturer’s warranty will be subject to the terms of that warranty. It may be void if the Heater is not used in accordance with this agreement or the manufacturer’s conditions.
11.4 Any obligations to maintain the Heaters that are conditions of the manufacturer’s warranty is your responsibility to perform and maintain a record of.
11.5 You must notify the manufacturer of any claim under the manufacturer warranty as soon as reasonably possible once you become aware of the fault. The contact details for the manufacturer can be found in your Heater’s user manual or by contacting firstname.lastname@example.org.
12. Our Liability
12.1 We are responsible for the Engineer we use to carry out the Installation and the Survey.
12.2 We won’t be responsible for:
(a) any delay in the Installation covered in clause 7;
(b) any delay or inability to fulfil an order, deliver a Heater or complete an Installation for reasons outside our reasonable control, or any costs, loss or damage you suffer as a result;
(c) any damage at the Property which is attributable to structural defects or weaknesses unless such damage results from negligence on our part;
(d) any costs, loss or damage you suffer as a result of not using the Heaters in line with the instructions provided to you, including any manufacturer user guides and this agreement;
(e) any loss or damage you suffer caused by us, our employees or agents to the extent such loss or damage results from any breach by you of this agreement;
(f) any loss or damage that we couldn’t reasonably have expected would result from breach of this agreement at the time you entered into it;
(g) any deliberate damage or vandalism of the Heaters; and/or
(h) any failure by you or a third party in the care, operation, inspection, servicing or maintenance of any of the Heaters which is not done strictly in accordance with the manufacturer’s instructions and without our or the manufacturer’s consent.
12.3 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any (a) loss or damage that we couldn’t reasonably have expected would result from breach of this agreement at the time you entered into it, or (b) for any loss of business, revenue or profit; or (c) for any indirect or consequential losses which you or anyone else suffers.
12.4 Nothing in this agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation, or for any matters which we cannot exclude our liability for under law.
12.5 Except as set out in clause 12.4, our maximum aggregate liability to you (including for negligence and breach of statutory duty) is limited to £10,000.
13 Using personal information
13.1 In order to provide our services to you, we may need to share the personal data we have collected from you with our supplier and the Heaters manufacturer Dimplex for the purposes of supporting you with any issues or queries you might have about your Heaters or to perform any required maintenance.
13.2 In addition, to help us optimise our service to you and other customers, you agree that we may access any data or information relating to the Installation at the Property. This includes any communication we have with you, including phone conversations and emails, to make sure that we are providing a good service and meeting our regulatory and legal responsibilities.
13.4 If you decide to apply for finance, we will share your information with our finance provider
14. Complaints procedure
14.1 You can submit a complaint in person, in writing or over the phone by:
(a) calling us on 0330 030 5063;
(b) using our online web form at https://www.ovoenergy.com/help/feedback or
(c) writing to us or visit us at OVO Energy Limited, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
14.2 We'll aim to respond to your complaint the same day we receive it. If you’re not happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who will be in touch within five Working Days.
15. Other conditions
15.1 No variation of a quote (including a change in materials or specifications) will be effective unless made in writing or electronically.
15.2 We can transfer any of our rights or obligations under this agreement without your permission. However, you must not transfer your rights or obligations under this agreement to anyone without our permission.
15.3 If we need to give you a notice for any reason in connection with this agreement, we may deliver it by hand or use the postal address and/or email address you have given us most recently.
15.4 If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
15.5 If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable).
15.6 This agreement, and any documents explicitly referred to in them, are the entire agreement between you and us in relation to the quotation, purchase, delivery and Installation of the Heaters.
15.7 Nothing in this agreement affects our legal rights or powers. Nothing in this agreement affects any of your statutory rights that can’t be excluded by law.
15.8 If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
15.9 This agreement is governed by the laws of England and Wales if your Property is in England or Wales, and in Scotland if your Property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your Property is in England or Wales, and by the courts of Scotland if your Property is in Scotland.
16.1 In this agreement the following terms will have the meanings set out below:
“Available Regions” means any UK postcode we are able to offer a Heaters for sale and install. The list of postcodes may change from time to time and you can check whether your postcode falls into an Available Region at www.quantum.ovoenergy.com;
“Cooling Off Period” is the period of 14 days starting from the point at which you make payment for the Heaters. During the Cooling Off Period you have a legal right to change your mind about the purchase - see clause 8;
“Engineer” means an engineer employed by one of our group companies or subcontractors, who is qualified to carry out the Survey and/or the Installation. Our Engineers will carry an identity card;
“Final Quote” means the quote we provide you after we have visited your home for a Survey;
“Heaters” means the Dimplex manufactured heaters and associated products that you purchase from us under this agreement including any items that are installed alongside the Heaters for the purposes of completing the installation;
“Initial Quote” means the quote we provide you via our online quoting tool or over the phone;
“Installation” means the installation of the Heaters at your Property and all work carried out by our Engineers related to the Installation as set out in clause 7.1-7.15;
“Manufacturer” means the original manufacturer of any of the Heaters we install in your Property;
“Property” means the Property or premises at which the Heaters will be installed;
“Survey” means the evaluation of the details and suitability of Property for Installation of the Heaters by one of our Engineers;
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England and Wales. All other references to a day refers to a calendar day.