OVO solar purchase and installation – Terms and Conditions
1. Acceptance of proposal
1.1 The quotation is valid for a period of 30 days from the date indicated. No contract is in place until we send an acknowledgement of the order to you.
1.2 Please read these terms carefully before agreeing to them. If you need any explanations about them, please contact us using the address or telephone number provided in your quote documentation or any email correspondence from OVO in relation to your purchase of solar.
1.3 This agreement is governed by English law if your property is situated in England or Wales and subject to the jurisdiction of the English and Welsh courts, and Scots law if your property is in Scotland and subject to the jurisdiction of the Scottish courts.
Your right to cancel (See Section 9 below for more on your cancellation rights)
1.4 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 you agree to these terms and conditions
1.5 To cancel this contract you must tell us your decision in a clear statement by telephone, or email, using our details that can be found in your quote documentation or in any email correspondence from OVO in relation to your purchase of solar. We’ll return any advanced payments you’ve made. If you want to cancel this contract after the cancellation period for any reason, then you might have to pay costs for any work we’ve carried out or goods that we’ve ordered and can’t cancel or reuse. In this case, we might hold onto all or part of your deposit and further advanced payments (if any have been made) as a contribution. See paragraph 9.1.1 for more on this.
2. Our main obligation to you
Our main obligation to you is to carry out the work with reasonable care and skill, according to the standards set by the MCS and according to the timetable set out in the quote.
2.1 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 described in the appendix
Match the model detailed in the appendix
2.1.1 We will carry out the installation of your system in compliance with the Consumer Code and MCS requirements.
2.2 We agree to supply the goods and carry out the installation work as set out in the timetable that we have agreed with you and which is set out in the quotation. Your acceptance of these terms shows that you agree to continue using that timetable.
2.2.1 We’ll make every effort to complete the work by the time agreed with you. However, sometimes there may be delays for reasons beyond our control, for example severe weather, problems sourcing or transporting equipment, government rules changing, or delays caused by you not getting finance, planning permission or approval from the distribution network operator when we expect, or access to the property not being given. We can’t be held responsible for those types of delays.
2.2.2 If there are such delays we’ll tell you as soon as possible, and we’ll adjust the timetable by written agreement.
2.2.3 In the case of a delay to the delivery of goods beyond the time or period we’ve agreed, or where no time or period has been agreed beyond a period of 30 days from the date you agree to this contract, then you might be offered different products. These will be of a similar 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.
Consequence of delay
Consequence of delay caused by us
2.2.4 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
2.2.5 We’ll aim to accommodate small delays without charging you extra.
2.2.6 If any delay caused by you means that we incur extra costs, then we’ll adjust the price accordingly. This might also mean that we need to adjust the timetable to complete the works.
3. Our other obligations
3.1 We’ll carry out both the work and all our communications with you according to the HIES Consumer Code.
3.2 We’ll make sure that the installation complies with the correct MCS installer standard, which in this case is MCS 001 and MIS 3002, 3005 or 3012, where relevant.
3.3 Once the installed system is commissioned, we’ll give you any guarantees, test certificates, and other paperwork relevant to your goods and installation. We’ll aim to give you this when the system is commissioned, but certainly no later than 10 days after commissioning.
3.4 We’ll also give you all of the documentation needed, as detailed in the appropriate Microgeneration Installation Standard.
If it ’s a requirement of the MIS 3002, 3005 or 3012 installer standard, we’ll also give you the certificate showing that the installation has been registered with the MCS Installation Database. We’ll give you this within 10 working days of the commissioning date.
3.5 The guarantees we give you will cover the goods and installation, and they will comply with the Consumer Code. We’ll explain to you the terms of the guarantees both in writing.
3.6 We’ll make sure that the guarantees will be honoured if we fall into receivership, administration, or bankruptcy during the term of the installer’s guarantee. Please see Section 8 of this contract for details.
4. Your main obligation to us is to make the payments due to us, if applicable:
4.1 You’ll pay us the deposit specified in the quotation (if there is a deposit) when you agree to these terms and conditions. The deposit will be up to 25% of the total contract price set out in the quotation. If you decide to cancel the contract within the cancellation period (see section 1.4 of this contract) we’ll return that deposit to you in full, unless you’ve asked us to start work during the cooling off period. If you’ve asked us to start work section 1.5 explains how we’ll handle a refund.
4.1.1 If you pay the deposit before we’ve inspected your house and, during the inspection, we find that the installation can’t continue, we’ll provide you with a new quotation. If you don’t accept the new quotation then we’ll refund that deposit to you in full within 2 weeks.
4.2 The quotation we’ve given you explains the payment milestones and the amount due for each payment.
4.3 If we fall into receivership, administration, or bankruptcy, your deposit and advance payment (if there is one) will be protected. Please see Section 8 of this contract for details.
4.4 We’ll send you an invoice for the remaining balance on the contract price. This will be due only after the installation has been commissioned.
4.4.1 If there’s any alleged minor defect with the goods or installation, you’ll only be able to withhold a part of the amount 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 say why you're withholding the payment, including giving evidence. If we agree that there are minor defects you’ll pay us the remaining balance once these have been fixed. If we don't agree that there’s a defect, section 10 will apply. If it’s decided that there isn’t a defect, following the process set out in section 10, you must pay us the balance. If it’s decided that there is a defect and we then fix this, you must pay us the balance once the defect is fixed.
Consequences of late payment
4.5 If you don’t pay the amount needed in an invoice by the due date, then we might charge interest until you pay the full amount. The interest rate we charge will be 3% above the base rate set by the Bank of England.
Late payment of advance or ‘interim’ payments
4.5.1 If we don’t get payment by the 7th day after it’s due, then we might give you written notice that we’ll stop work on the installation. Once we’ve sent you this written notice, we might suspend all work until you make the payment. This might mean that the timetable for the works needs to change.
4.5.2 If you break this contract because you haven’t made a payment, and we’ve suspended work on the installation, then we might recover any extra costs we incur. We’ll give you written notice with full details of any claim for compensation within 21 days of any suspension of work.
4.6.1 You might need to return the goods to us. If you don’t, we'll take legal proceedings to recover the goods or their value.
5. Your other obligations to us
5.1 We’ll advise you on the approvals and permissions that you might need, but you must get all relevant permissions (such as planning and building consents) before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you’ll need to show them to us. If you haven’t managed to get the permissions in the time set out in the timetable, we might have to revise the timetable and possibly the costs to take account of the delay.
Supply of services
5.2 We’ll need to have access to the following free of any charge:
Water, washing facilities and toilets;
Adequate storage space;
Safe and easy access to your property from the public highway;
Easy access to the area inside your property where we’ll carry out the installation, by removing belongings. You should also remove breakable or high value items from our work area and remove or cover electronic appliances. We won’t be responsible for damage caused to these items if you haven’t taken steps to protect them.
5.3 You, or a contractor you employ, might need to carry out advance work before the installation described in the quotation can start.
If so, we’ll describe this to you in writing. This work must be finished before the installation work is due to start. The standard of work must be good enough for the installation. If this advance work isn’t finished before the installation is due to start, then the conditions described in clause 2.2.6 of this contract will apply.
5.4 If you break conditions set out in 4.1 and 4.2 of this contract, you might need to pay extra costs due to delay and/or supply of additional services. You might need to pay reasonable compensation to cover those extra costs. If this happens then section 7 (below) of this contract will apply.
6. Change of work
6.1 If, after agreeing to the contract, you want to change the work, you must ask us first. We might be able to make those changes as long as:
It’s technically possible
We have the right resources
The permissions needed are in place
6.2 If we agree to this change of work you must:
Confirm your request in writing
Do so within 14 days of when you first tell us
6.3 We’ll then adjust the price:
Writing to you beforehand (if possible), or if not then
Writing to you at a later date, or if not then
Referring to any set prices for the works (if this applies), or if not then
A reasonable amount for the work done or goods supplied
6.4 Every change that means extra or revised work (as opposed to changes that leave something out) might mean extra costs. We’ll try to keep them to a minimum.
6.5 If, in the final design we present to you, the installation is significantly different from what we’ve described to you, we’ll write to tell you, and you’ll be able to cancel the contract. Please see Section 9.4 of this contract for details.
7. Unexpected work
7.1 The quotation given to you shows the hourly or daily costs (if there are any) that would result from any unexpected work due to site conditions or special circumstances beyond our control.
7.2 If there’s any unexpected work, we’ll tell you and ask how you want us to move forward. If you want us to continue then section 6.3 of this contract will apply.
8. Delivery, title and risk, and workmanship warranty
8.1 We’ll deliver the goods to the place agreed in the quotation.
8.2 In case we fall into receivership, administration or bankruptcy before we deliver the goods to you, we’ll insure the money you pay us in advance. We’ll also make sure to honour our guarantees if we fall into receivership, administration or bankruptcy during the term of the installer’s guarantee. We might do this through the HIES financial Protection Scheme, or one similar.
8.3 We’ll give you the details of the insurance scheme we use, and you’ll get a policy directly from the provider once you’ve agreed to the contract.
The client account
8.4 If we 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’ll complete the work.
8.5 Where your money has been used to make specific purchases on your behalf, then legal ownership of those goods, or the part you’ve paid for, will pass to you. We will either deliver or label them as belonging to you. Where we store the goods they will be kept separate from our own goods and those of third parties. We will also keep the goods stored, protected, insured, and identified as your property until they’re delivered to you. You will be able to inspect the goods and/or repossess them.
8.6 Goods belonging to us might be delivered to the site. If the contract is ended early for reasons set out in section 9.3 of this contract then you must return the goods to us – we’ll tell you how to do this. If this happens then we’ll pay you back if any of your money was used to buy a part of the goods. If you don’t return the goods to us, we have the right to take legal proceedings to get back the goods or their value.
If this happens you might have to pay compensation for reasonable costs or losses reasonably incurred. This will be taken off any deposit or further advance payment you’ve already made and if this does not cover the costs you will have to make a further payment to us.
8.7 Until ownership of the goods passes to you, you must:
- Store the goods separately in such a way that they can clearly be identified as our property
- Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods
- Keep the goods in a satisfactory condition
9. Contract cancellation
9.1 Your rights to a cancellation period are detailed in sections 1.4 and 1.5 of this contract.
9.1.1 If you cancel this contract after the period referred to in sections 1.4 of this contract then you might have to pay compensation for costs or losses reasonably incurred. We'll try to keep those costs to a minimum. We have a right to keep all or part of your deposit and further advance payment, if made, as a contribution.
9.1.2 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 it. If we start work on the installation and then you decide to cancel the contract within the cancellation period described in section 1.4, you’ll need to pay for the costs of the goods and services already supplied, and for restoring the property to its previous state.
9.2 If there’s a delay to the delivery of goods or installation for reasons outside your control, then you’ll be able to cancel the contract and get a full refund.
9.3 If we don’t meet our obligations as set out in this contract, then you have various rights that will apply depending on the circumstances. If we break the contract for the supply of services, then you’re 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:
- Ask for a repair or replacement, or
- Reject the goods and claim a refund or compensation
You won’t be entitled to what’s 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 parts.
9.4 As set out in 6.5 above, you’ll 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 is significantly different from what we’ve described to you.
9.5 If you don’t meet your obligations as set out in this contract and don’t meet them within 14 days of getting written notice from us, then we have a right to cancel the contract. We must give you a reasonable opportunity to meet your obligations.
9.6 If we suffer a loss as a result of you breaking your contract, we’ll take reasonable steps to prevent the loss from getting worse and you’ll have to pay compensation for reasonable costs or losses reasonably incurred.
10. Dispute resolution
10.1 If at any time there’s a dispute between you and us that can’t be resolved, you can ask for it to be handled through the HIES dispute resolution procedure. This is as long as it’s a dispute relating to the sale and installation of domestic renewable energy systems. We’ll follow this procedure if that’s what you want. HIES is certified through the Chartered Trading Standards Institute as an Alternative Dispute Resolution provider. You can find more information on the HIES website.
10.2 If you register a dispute with HIES it’ll be dealt with by a caseworker, who’ll mediate between both parties to attempt to resolve the dispute. Mediation aims to reach a non-legal solution to the dispute in a reasonable amount of time.
10.3 If an agreement is not reached through mediation for any reason, you can take the dispute to HIESs independent arbitration service.
10.4 An award made under the independent arbitration service will be final and legally binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.