Terms & Conditions

EPC Improvements - Terms and Conditions for Air Source Heat Pump (ASHP) Installation

GENERAL

These Terms & Conditions apply to a contract for MCS installation services and comply with our obligations as members of both the Renewable Energy Consumer Code (RECC) and the Microgeneration Certification Scheme (MCS).

These Terms & Conditions apply to the installation of MCS heat pumps only. For contracts for repair and maintenance, for photovoltaic systems or for non-MCS installation contracts (eg. air to air, Underfloor Heating installations, Solar Thermal, Mechanical Ventilation with Heat Recovery (MVHR)), please refer to the Standard Terms & Conditions on the website.

Please read these terms carefully before signing them. If you need any explanations, of any part, please contact us in writing at info@epc-improvements.co.uk or 15-17 Russell Way, Chelmsford, Essex, CM1 3AA or by telephone on 02080 512500.

These conditions shall be incorporated into all contracts between EPC Improvements Ltd (“EPC Improvements'') and any customer (“Customer”) for the supply to the Customer of goods and/or services. References to “Goods” means the products manufactured or dealt with by EPC Improvements and “Services'' mean the services or works carried out by EPC Improvements and which are the goods and/or services or works which are the subject of the Contract. “Contract” means the contract made between EPC Improvements and the Customer for the supply of the Goods and/or Services and which shall be governed by these Conditions and which include any terms and conditions and related documents or information set out in, or otherwise identified in, the quotation upon which the Contract is based or in EPC Improvements’ acknowledgement. These Conditions supersede any earlier condition appearing in EPC Improvements' literature or elsewhere. The placing of any order by the Customer for Goods or Services shall be deemed to be an acceptance of these Conditions. Any terms and conditions stipulated, incorporated or referred to by the Customer whether in its order or in any negotiations or otherwise, are hereby excluded and in any event these Conditions shall prevail over Customer’s terms and conditions.

Agreement

The ‘Agreement’ means collectively the Terms & Conditions, your Schedule of Works and your Quotation. The Agreement is a legally binding contract between yourself and EPC Improvements Ltd.

“We” means We/Us/Our as EPC Improvements Ltd. Our company registration number is 10497519 and our registered office is at 15 - 17 Russell Way, Chelmsford, Essex, CM1 3AA, United Kingdom.

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

EPC Improvements Ltd is authorised and regulated by the Financial Conduct Authority in relation to credit broking services under number 781156 on the Financial Services Register.

This Agreement constitutes the terms under which We supply products to You, whether these are goods or services. Please read these terms carefully before you submit your order to us. These terms tell You how We will provide products or services to You, what to do if there is a problem and other important information. If You have any queries about this Agreement please contact us on 020 8051 2500 or email Us at info@epc-improvements.co.uk.

Our acceptance of Your order will take place when We receive a signed copy of these terms and conditions. We will call or write to confirm receipt at which point a contract will be made between You and Us.

If We are unable to accept Your order, We will inform You of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which We could not reasonably plan for, because We have identified an error in the price or description of the product or because We are unable to meet a delivery deadline.

If we provide You with a new Quotation then Your previous Quotation is automatically cancelled. You will need to accept the new Quotation as explained in the clause above.

Your main obligation to us is to make the payments due to us under the terms of this agreement.

The Renewable Energy Consumer Code (RECC)

We will carry out the work and all communication with you according to the Consumer Code.

RECC sets out high consumer protection standards for businesses who are selling or leasing renewable energy generation systems to domestic consumers. RECC is approved by the Chartered Trading Standards Institute as part of the Consumer Codes Approval Scheme and is also a TrustMark Scheme Operator.

RECC Members signal they have agreed to abide by the high standards set out in the Consumer Code, following the consumer journey from start to finish, and in the Bye-Laws. Both the Code and the Bye-Laws dovetail with the Microgeneration Certification Scheme (MCS) installer standards.

The Microgeneration Certification Scheme

Working with the industry MCS define, maintain and improve quality – certifying products and installers so people can have confidence in the low-carbon technology they invest in. From solar and wind, to heat pumps, biomass and battery storage, MCS wants to inspire a new generation of home-grown energy, fit for the needs of every UK home and community.

We will ensure that the installation complies with the relevant MCS installer standards which in this case is MIS 3005.

MCS membership demonstrates compliance to industry standards that companies strive to meet. Membership highlights to consumers that companies are able to consistently install to the highest quality every time.

Your Right To Cancel

You have a 14 day cooling off period from the date you sign your contract. If you wish to cancel this Agreement, please get in touch by either: completing the cancellation form (provided in Appendix 1) or notifying us in writing of your cancellation and sending this to either EPC Improvements Ltd, 15 - 17 Russell Way, Chelmsford, Essex, CM1 3AA, United Kingdom; info@epc-improvements.co.uk or phoning us on 020 8051 2500 between 9:30 am-5pm Monday to Friday.
The cancellation period lasts for 14 days and commences either:
1. On the date of which the last item of the goods is delivered to you to the installation address or elsewhere away from EPC Improvements Ltd, 15-17 Russell Way, Chelmsford, Essex, CM1 3AA or where the contract has been agreed exclusively by distance means (for example by email or by post without a prior visit to the installation address to give a cost estimate).
2. OR on the date that the contract is signed, where the contract or quotation has been left for you to sign and return in your own time.
In either case please note you can cancel the contract at any time prior to the delivery of any goods to the installation address without penalty.
To exercise the right to cancel, you must inform us in writing at EPC Improvements Ltd 15-17 Russell Way, Chelmsford, Essex, CM1 3AA or by email to info@epc-improvements.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post requiring a proof of delivery at EPC Improvements, 15 - 17 Russell Way, Chelmsford, Essex, CM1 3AA, United Kingdom or e-mail info@epc-improvements.co.uk). If you cancel within the cancellation period, we will return any deposit you may have paid, in full. If you cancel after this time, we may have to charge you, based on the actual costs we have incurred by the time you cancel.

Effects of cancellation within the cancellation period

If you cancel this contract within the cancellation period, we will reimburse you all payments received from you with the exception for any survey visit or administration works.
If you cancel this contract within the cancellation period, but after delivery of some or all of the goods, then we will reimburse you all payments for delivery charges, unless you specifically requested an enhanced delivery costing more than our normal service. In which case, we will only reimburse the price of our normal delivery charges.
If you cancel this contract within the cancellation period, but after delivery of some or all of the goods, then you may have to bear some or all of the cost of returning the goods. The cost is estimated at a maximum of approximately £500.
We will make the reimbursement without undue delay, and not later than:
1. 14 days after the day we receive any goods supplied, back from you; or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

Effects of cancellation outside the cancellation period

If you wish 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 advanced payments, if made, as a contribution. See section “Suspensions and Terminations” for more information.

Processing Your Data

If you provide any personal data to us under this contract EPC Improvements Ltd will be the ‘data controller’. Our Data Protection Officer Craig McAllister can be contacted at EPC Improvements, 15 - 17 Russell Way, Chelmsford, Essex, CM1 3AA, United Kingdom or e-mail info@epc-improvements.co.uk or at 02080 512500.
We will process your personal data in accordance with our privacy notice, as amended from time to time, which can be found at https://www.iubenda.com/privacy-policy/21766994 and https://www.iubenda.com/privacy-policy/21766994/legal.
The Customer shall not, without prior written consent of EPC Improvements, assign, transfer or sub-let the benefit or burden of the Contract or any part thereof.
If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to the wholly or part illegal, invalid or unenforceable it shall to the extent of such illegality, invalidity or unenforceability be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
The Contract is not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of the Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of the Contract.
No delay by either party in enforcing any of the provisions of the Contract shall be deemed a waiver of that party’s right subsequently to enforce such provision.

General Provisions

Intellectual Property Rights – aside from intellectual property rights (trademarks, design rights, copyright, know-how, business names etc) already owned by third parties, all intellectual property rights associated with the Schedule of Works shall be owned by Us.
Survival – Clauses in sections and subsections “Price, Deposit and Payment”, “Limitation of liability”, “Processing Your Data” and “Complaints And Dispute Resolution, Mediation And Arbitration” shall all survive termination of this Agreement.
Entire agreement - This Agreement including the Schedules in the Proposals and Quotes sent by Us and received by You is the entire Agreement between the Parties.
Force Majeure
1. Neither You or Us shall be responsible to the other for any failure to perform, delay in performing or imperfect performance of any of its obligations under this Agreement to the extent that this failure, delay or imperfect performance is due to a force majeure event (event or circumstance outside Our or Your reasonable control which cannot be prevented or avoided such as severe weather conditions).
2. EPC Improvements shall not be liable in any manner whatsoever for any breach of contract or delay in performance of its obligations insofar as such breach or delay arises by reason of circumstance beyond its reasonable control including, without limitation, government actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to EPC Improvements’ workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 60 days, the Customer shall be entitled to give notice in writing to EPC Improvements to terminate Contract.
3. In other situations where a serious delay to the delivery of goods or installation takes place for reasons that are outside the Customer’s control then the Customer will be entitled to cancel the contract and receive a full refund in line with the Consumer Code and the Supply of Goods and Services Act 1982.
Severance - If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part/s shall not form part of this Agreement. The rest of the Agreement shall not be affected.
Assignment – You shall not assign this Agreement without Our prior written consent.
Counterparts – this Agreement may be signed in any number of counterparts but each shall be an original of this Agreement and shall together be the same Agreement.
Third party rights - The Contracts (Rights of Third Parties) Act 1999 shall not apply and no person other than You or Us shall have any rights under it.
Law - This agreement is governed by the law and the courts prevailing where your property is located.

Formation of Contract

Any quotation submitted by EPC Improvements does not constitute an offer capable of binding EPC Improvements. No contract shall come into effect until EPC Improvements has issued its formal acknowledgement of the Customer’s order or other acceptance of EPC Improvements’ quotation(s).

Determining the Price

The quote we provide You is determined by calculations based on the information on Your property’s current official EPC certificate as recorded on the Government’s official database (https://www.gov.uk/find-energy-certificate) and on the information provided by You on our website. Any incorrect information such as an outdated or incorrect EPC certificate or incorrect information provided by you will alter the results and we take no responsibility for errors or variations due to inaccurate information provided by the above sources or the additional costs that result from it.

Manufacturers’ Catalogues

Particulars of dimensions, capacities, performance ratings, specifications, drawings and other data included in manufacturers’ catalogues, price lists or other documents supplied by EPC Improvements constitute only an approximate guide and shall not be binding upon EPC Improvements.

Variations

EPC Improvements shall not be bound by any variations, waiver or additions to the Contract unless such are agreed in writing.

SERVICES

The goods and your installation will be provided and undertaken by EPC Improvements Ltd.
We will use all reasonable care and skill when providing the services detailed within our Quotation and Schedule of Works and ensure that any goods provided in line with the Quotation and the Schedule of Works are suitable for the specified purpose, according to the standards set by the Microgeneration Certification Scheme (MCS). Under the MCS Scheme, only certified companies can enter into a contract with a customer for the sale and installation of a system. Our MCS Certification number is NAP 30259 and we are registered with NAPIT.
EPC Improvements will carry out the works described in your quotation. All works will be carried out in accordance with the manufacturer’s guidelines.
We will agree with you on an acceptable installation date once your order has been confirmed, signed, and received by ourselves; we will confirm this in writing within 1 week. Additionally, this will be subject to receiving your deposit (if we have asked you for one).
It usually takes 3 to 10 days to install the ASHP system depending on the complexity and size of your installation. Please be aware that this time may include the erecting and removing of access equipment if applicable.
For more information about your right to cancel the contract, see section “Suspensions and Termination”.
We shall provide the goods and services to You in accordance within Our formal Quotations and the Schedules therein which set out the works We will be undertaking (“Schedule of Works”);
We shall use all reasonable care and skill in the provision of the services detailed within Our formal Quotation and Schedule of Works;
We shall ensure that any goods provided in line with the formal Quotation and Schedule of Works shall be of satisfactory quality, be suitable for the specified purpose, and operate as we described to you.
We will inform you 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.
To ensure We are complying with any applicable law or safety requirement or where the nature of quality of the goods or services are not significantly affected We may make changes to the goods or services, where We are required to make changes pursuant to this clause We will notify You of the changes made as soon as possible. We may also make changes to the goods or services due to changes in law or regulation, where such changes affect You We will notify You prior to these changes taking effect.
We shall after completing the Schedule of Works, tidy up after Ourselves and repair any damage which results directly from the services We have provided.
We warrant that as from the date of delivery for a period of 24 months, whether installations are Microgeneration Certification Scheme (MCS) accredited or not, the installation of goods and services are free from any defects in workmanship, construction or materials. Any goods supplied as part of Our installation may also come with their own manufacturer’s warranty. We will advise You of this warranty at time of installation.
You shall allow Us (and any subcontractors) access to Your property to provide the goods and services;
You shall ensure that the space where the services are to be undertaken is cleared, tidy, easily and safely accessible;
You shall provide Us with access to electricity and water to be able to complete the Schedule of Works;
You shall tell Us straight away if anything has changed in Your property between the date of the initial assessment and when the Schedule of Works is due to start.
You shall comply with any obligations required of You in relation to the services (i.e. obtaining consents) as set out in the Schedule of Works.
1. If You do not allow Us or Our subcontractors access to Your property to perform the services as arranged, We may charge You additional costs incurred as a result. If, despite Our reasonable efforts, We are unable to contact You or re-arrange access to Your property We may end this Agreement in accordance with subsection “Ending this Agreement”.
2. You must at all times behave appropriately when Our staff visit Your home. You must not physically or verbally abuse Our staff in any circumstances. Should this happen We may end Your Agreement without refund of any payments.
3. Where the Schedule of Works includes Air Source Heat Pump (ASHP), Ground Source Heat Pump (GSHP) or unvented cylinder installation You shall ensure they are regularly serviced and maintained by an accredited engineer at least once a year.
4. Where the Schedule of Works for any other products includes maintenance requirements you shall carry out such obligations.
5. 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.
6. You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Proposal 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 subsection “Services\Work on Site” of this Contract will apply.
7. It is the Consumer's responsibility to notify the Company of asbestos that may be on site which could affect the work that is carried out. An asbestos survey may be required, and any subsequent work may be required to be completed, before the commencement of work (this is the responsibility of the Consumer). If asbestos in any form is suspected during the installation / works, work will be halted immediately and not restarted until suitable and sufficient tests have been carried out, and if asbestos is present, it will be removed by a licensed Contractor (this is the responsibility of the Consumer).

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:
1. it is technically possible;
2. we have the necessary resources;
3. 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:
1. by written agreement beforehand, if possible; or if not then
2. by later written agreement; or if not then
3. by referring to any priced documents, if this applies; or if not then
4. 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.

Unexpected Work

The Proposal given to you will detail the daily costs that would result from any unexpected work due to site conditions or special circumstances beyond our control.
Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue, then subsection “Services\Change of Work” of this Contract, above will apply.
We will not be responsible for any costs and delays associated with You failing to complete any of Your responsibilities under this Agreement.

Key Inclusions:

An assessment of your property’s energy requirements including room by room heat loss calculations and where necessary advice on energy saving measures
1. The heat loss assessment is completed for your property to BS EN 12831 and MIS 3005 standards. It is an estimate, based upon the MCS procedural guidance, and should not be considered as a guarantee of the system performance.
A full technical design and specification for your heat pump installation to Microgeneration Certification Scheme (MCS) standard MIS3005, to BS EN 12831 and to local building control regulations
Make the appropriate application to your electricity Distribution Network Operator (DNO) prior to installation when identified within the quote.
Attend the property and prepare the area of work including temporary protection to floors and furniture.
We will use protective coverings whilst working within your property and remove all waste packaging at the end of the installation.
If included in your quote, where applicable, under the manufacturer’s guidance, we will flush the existing heating circuit, and check the system to ensure that it is free from leaks and corrosion. Your existing equipment will be removed and disposed of using an approved waste disposal facility.
Decommissioning and removal of your existing central heating and hot water system where applicable
Carry out modifications to the existing system as specified.
We will make all necessary preparation and installation of ASHP, ground works (siting of base), installation of heating pipework circuit & associated cylinders, controls, electrical connection and testing and commissioning.
For new builds or self builds, a point of connection install is provided to customers so they can utilise their onsite trades to complete works more cost effectively. A point of connection install is where our installers visit the site, position the heat pump and cylinder in their locations, connect supplies and commission. The following works, unless stated otherwise, are required to be completed and ready prior to our installation visit:
1. ELECTRICAL – Live supply and all connections required as indicated by our engineers and as per UK national standard, BS 7671 (Requirements for Electrical Installations).
2. PLUMBING:
  1. Flow and Return pipes from outside heat pump unit to hot water cylinder location
  2. Flow and Return pipes from Underfloor heating manifolds to hot water cylinder location
  3. Discharge pipe from cylinder to outside location, installed as per regulations
  4. Incoming mains water supply to hot water cylinder location
  5. Sizing and details to be indicated by our engineers
3. All pipework needs to be within minimum distance of any pre-plumbed cylinder to allow for final connections to be made.
  1. Minimum distance to be indicated by our engineers
4. Ensure all pipework is terminated in copper and labelled prior to our attendance. Where pipework enters the cylinder location at low level the cylinders footprint must be taken into consideration.
Installation of your Air Source Heat Pump (ASHP) to manufacturer’s instructions
Encase cabling in trunking where practicable and in line with building regulations
We will undertake insulation of your new system to ensure that it is protected against frost and/or adverse weather conditions in recommendation with the manufacturers’ guidance. This may include adding an inhibitor and/or glycol fluid.
Noise level assessment to ensure that the installation does not exceed the regulatory requirements.
Fully test the system and set to work.
Ensure the Installation is ‘Meter Ready’
Remove all waste, clean and tidy the area of work.
Inspect work and provide all handover, completion and compliance paperwork.
1. Provide Customer instruction and run through user controls.
2. Provide a handover pack compliant to MCS requirements
3. Issue you with ASHP warranty documents
4. Issue you with Building Notification Certificates applicable to the works we have completed as specified in the quote
5. We will issue your MCS certificate of conformity, notify your local building control office of conformity of Parts P & G of the building regulations. We will also notify the District Network Operator of conformity using notification Form A.
6. We will provide Energy Performance Certificate/s (EPC’s) for your property
Issue all certification as required by building regulations on completion of the works

Key Exclusions

Carry out any works that are related to asbestos (asbestos surveying, sampling, testing and removal) whether identified at point of survey or during the installation.
Replacement of domestic hot water cylinder, including unvented (where applicable).
Removal of feed and expansion tank from loft space if the hatch does not permit. In this case the tank will be drained down and made safe
Making good to existing decorations and wall finishes
Power flushing the existing heating system unless this is specifically included in your quote.
Any structural, building or groundwork related to the installation unless specifically itemised in your quote.
Carrying out any remedial work to the building structure such as brick flues, chimneys or fireplace openings.
Replacing lead piping, faulty cold water stop taps or faulty domestic fittings (i.e. taps) when pressurised.
Guaranteeing that an existing shower will be compatible with the new system
Any costs associated with upgrading your current electrical consumer unit or upgrading the electrical supply to your property
Upgrading the property’s electrical supply to meet current regulations if it is sub-standard or inadequate.
Responsibility for any costs associated with upgrading the electrical supply to your property further to the DNO application
Obtaining manufacturer's warranties. This is the responsibility of the owner of the heating system.
Removal of oil tanks or liquid petroleum gas (LPG) containers unless specifically itemised in your quote.
Moving large or fragile furniture or fittings.
Repairs or treatment to defected timbers unless identified within this quote.
Structural strengthening to substandard timbers unless specifically itemised in your quote.
Repairs or upgrades to existing defective equipment or workmanship unless specifically itemised in your quote.
Painting or decorating of areas disturbed.
Making good existing decorations and wall finishes.
Undertake, organise or co-ordinate any future servicing requirements unless specifically itemised in your quote.
Undertake or co-ordinate obtaining any manufacturer’s warranties. This is the responsibility of the owner of the heating system.
Obtain Planning Permission if this is required for the installation of your ASHP. This will be the responsibility of the property owner.
Connecting the system to an uncontrolled heating source.
Moving or removing any of your personal belongings. This includes furniture and soft furnishings.
Move or remove any white goods within the property. This includes, but is not limited to, fridges, washing machines, cookers, hobs and dishwashers.
Carry out work to existing radiators, valves or associated pipework. This includes, but is not limited to, tap washers and toilet cisterns.
Reinstate solid fuel appliances following the installation of your new heating system.
Take responsibility for any loss, damage or liability caused by anyone other than the installation team.

Work on site

The customer shall provide adequate access to the relevant premises or site and ensure at all times that the working environment is conducive to the health and safety of EPC Improvements' employees, agents and subcontractors. The Customer shall indemnify EPC Improvements against all costs, claims, liabilities, and expenses incurred by EPC Improvements arising from or in connection with any personal injury to or death of any of its employees, agents or subcontractors which is occasioned directly or indirectly by any act or omission (whether negligent or not) on the part of the Customer, its agents or employees.
EPC Improvements shall have the right to refuse to perform any Services which would bring EPC Improvements' employees, agents or subcontractors into contact with any hazardous substance where EPC Improvements was not previously informed of such hazardous substance by the Customer or where such hazardous substance was not reasonably apparent from any inspection that EPC Improvements may have made of the relevant site prior to the giving by EPC Improvements of any quotation for the supply of the Goods and/or Services.
You must provide the following for our use free of any charge:
1. water, washing facilities, and toilets;
2. electricity supply;
3. adequate storage space;
4. safe and easy access to your property from the public highway;
5. easy access to the location within the property where the installation is to take place by removing all belongings.
We will not be responsible for any costs and delays associated with You failing to complete any of Your responsibilities under this Agreement.

System commissioning & handover

EPC Improvements Ltd will test and commission your ASHP, which will be performed in line with the Microgeneration Certification Scheme standards, the manufacturers installation requirements, and ensure safe system operation.
Once the installed system is commissioned a detailed operating manual will be provided to you, we will give 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 ten days after commissioning.
We will also give you all of the documentation required as detailed in the appropriate Microgeneration Installation 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.

System Performance, important information...

We will perform a heat load calculation on your property to BS EN 12831 and MIS 3005, and must conclude that this figure gives us an energy requirement to run a heat pump.
All heat pump systems designed by us will provide 100% of any heating requirement within the property

Support and maintenance ...

ASHP Systems require very little maintenance; however, they are not completely maintenance free, a yearly check of the system is recommended.
Regular cleaning of the ASHP (external unit) will be required under normal conditions; should for any unforeseen reason part or all of an ASHP require cleaning, this must be undertaken by a competent person.
No chemical substances are advised in these circumstances as this may cause damage to your installation. You should take recommendations from the documents supplied by the manufacturer.
Our maintenance contract involves a site visit once a year by a member of EPC Improvements Ltd staff to check the health of your complete ASHP.
Our maintenance contract is an optional extra service. Details of this can be requested separately and additional charges may be incurred.

Metering

If your property is occupied for more than 6 months of a year and the ASHP can provide all your heating needs you are not required to have the system metered.
If your ASHP is being combined with another heating source, i.e. an oil boiler or the property is not occupied for more than 6 months of a year, i.e. second home, then metering will be required. This metering will measure the renewable heat usage and your payments will be capped at the level of the expected renewable heat use as stated in your EPC. If you require metering, we will discuss this with you, if we have been made aware of the situation, this proposal will include any costs involved.
Your ASHP must meet all the space-heating requirements for the property, anything less will need to be metered.
Additionally, if your property is occupied less than 183 days of a year, it will need to be metered. We will advise when metering is required. Further information can be gained from www.ofgem.gov.uk.

Notes

We issue our proposals on the assumption that all local planning regulations and permissions have been obtained and satisfied by you. We can advise you on this, however, our proposal does not include any provision for professional fees and/or services required to obtain such permissions including local planning fees.
Unless otherwise stated, you may incur additional costs obtaining a structural engineer’s survey prior to commencement of the installation should it be necessary, and this is dependent on where the ASHP is located within the boundary and or/ structure.
Should unexpected works arise, we will liaise with you and determine acceptable ways forward. Our daily charge additionally to works described in your order is £250.00 per day. Any agreement made will be confirmed in writing before commencement.
To access financial rewards under the Microgeneration scheme, your property must obtain an Energy Performance Certificate in order to complete a Heat Pump System Performance Estimate. We will arrange this for you, any costs associated with this will be detailed in the services section of the proposal.
We will agree with you on an acceptable installation date once your order has been confirmed, signed, and received by ourselves; we will confirm this in writing within 1 week. Additionally, this will be subject to receiving your deposit (if we have asked you for one).

PRICE, DEPOSIT AND PAYMENT

Price, Deposit

You will pay the price for the Installation Works as set out in your Quotation and at the times set out in your Quotation, or as agreed between us and confirmed in writing.
The price of the Goods and/or Services shall be set out in the Contract. All Prices are exclusive of VAT and all other applicable taxes and duties, which will be payable in addition to the Contract price at the rate in force at the date of any invoice submitted by EPC Improvements.
If the rate of VAT changes between Your order date and the date We supply the goods and/or product, We will adjust the rate of VAT that You pay.
This estimate is prepared in accordance with the Renewable Energy Consumer Code (RECC). Details of our certifications, guarantees, warranties and T&CS are available on request but will be supplied on contract of sale. All associated product warranties detailed in the literature provided.
Our estimates are prepared subject to (unless stated otherwise):
1. Engineer site visit
2. Room by room heat loss calculations
  1. The heat loss assessment is completed for your property to BS EN 12831 and MIS 3005 standards. It is an estimate, based upon the MCS procedural guidance, and should not be considered as a guarantee of the system performance.
3. Final system design
4. Continuous working period
5. Final position of the heat pump and cylinder to be confirmed
6. Final position of manifolds and associated pipe runs to be confirmed
Exclusions (unless stated otherwise):
1. Primary pipework supplies
2. Electrical first fix supplies
3. Plumbing beyond heat pump and cylinder
4. Heating and hot water system commissioning
5. Pipework run and connections between cylinder and manifolds
6. Thermostat and control wiring
7. Thermal floor insulation, edging and screed
8. Building / redecoration works
9. Heat pump base
10. Scaffolding, crane, and lift hire
11. Provisions for disposal of waste
Please refer to the ‘First Fix Preparation Works’ documents. By confirming an order, you are agreeing that these works will be completed prior to our scheduled installation date. Failure to comply could result in additional costs.

Payment

EPC Improvements Ltd may require a deposit payment of no more than 25% of the contract price, including VAT, on confirmation of the order.
You will pay us the deposit specified in the Proposal when you sign the agreement. The deposit cannot be more than 25% of the total contract price set out in the Proposal. Should you decide to cancel the contract within the ‘Cancellation Period’ (see section “GENERAL\Your Right To Cancel” of this Contract) we will return that deposit to you in full.
We may require a further advance payment no more than 14 days prior to the installation, but this will never be more than 60% up-front, including the deposit.
Information relating to payments can be found on the payment schedule enclosed in each proposal.
If a deposit is required EPC Improvements Ltd will insure this deposit with IWA.
1. The intention of this scheme is that you can still have the job completed or your money back if we cannot deliver your equipment because we have ceased to trade. Any monies paid up-front may be placed in a separate ring-fenced client account or payment protection scheme and will only be used to pay for goods and services associated with your contract.
2. When you confirm the order, and we receive your deposit, we will register your name, address and total value of the contract with the insurance scheme administrator. All policy information will be sent directly to you.
3. If you do not consent to your details being registered, please contact us at 020 8051 2500.
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.
Standard payment terms:
1. Order confirmation - 25%
2. Ordering of goods - 35% - no more than 14 days prior to the installation, but this will never be more than 60% up-front, including the deposit.
3. Install Completion - 40%
4. Once the deposit invoice has been paid each further invoice line will be billed separately when due.
All processed payments / orders are registered with our Independently backed Deposit and Guarantee protection policy.
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 “Timetable And Delivery; Title And Risk; Workmanship Warranties And Liability” of this contract for details.
Where required under the payment terms agreed with You and as confirmed in writing, We will need You to make an up-front payment as set out in your Quotation before We can commence the Services.
Payments shall become due to EPC Improvements on the date of invoice. Each invoice shall set out an amount that EPC Improvements considers to have been due and the basis upon which that amount has been calculated.

Advance payments

The Proposal We give to you must explain when the invoices will be sent as well as the amount due for each payment.
We may require you to pay a further advance payment no more than 14 days before the agreed delivery or installation date, but only if this is explained to you in your Proposal. 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 Proposal.
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 “Timetable And Delivery; Title And Risk; Workmanship Warranties And Liability” of this Contract.

Final payment

On completion of the Services as set out in the Schedule of Works in our Proposals We will require full payment of any outstanding balance as set out in Our Quotation. Payment terms are due from reception of final Invoice upon Install Completion.
We will issue you an invoice for the balance outstanding on the contract price. This will become due only after the installation has been commissioned.
In the event of any alleged minor defect with the goods or installation, 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.
Unless the customer has served a notice under clause “Late Payment (1)” below, it shall pay EPC Improvements the sum referred to in the customer’s notice under clause (1) above (or if the Customer has not served such a notice, then the sum referred to in EPC Improvements' invoice and in either case, payment shall be made without deductions) (together referred to as “the notified sum”) on or before the final date for payment of the relevant amount.
Not less than 7 days before the final date of payment, the Customer may give EPC Improvements notice that it intends to pay less than the notified sum and any such notice shall specify the sum the Customer considers to be due on the date the notice is served and the basis upon which that sum is calculated. The Customer must pay at least the sum so notified without deduction.

Late payment

EPC Improvements reserves the right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1988 and it is agreed that the rights provided under the said Act shall apply after any judgement or binding determination as well as before.
If you fail to pay the amount specified in an invoice by the due date, we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.
If we do not receive payment of advance or ‘interim’ payments by the seventh day after payment is due, 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 the goods to us. If you fail to do this, we will take legal proceedings to recover the goods or their outstanding value.
If for any reason any payment of an amount due is not made by the final date for payment, EPC Improvements shall be entitled to:
1. be paid on an indemnity basis for any costs it incurs in recovering money due under the Contract (and the costs of recovering such costs) including its administrative costs and any costs incurred with solicitors or debt collection agencies – In calculating administrative costs credit will be given for compensation payable in accordance with the Late Payment of Commercial (Interest) Act 1988 – and/or;
2. be paid a reasonable proportion in respect of Works and/or Services undertaken but not yet due and as if such amounts were already due.
In the event of the Customer being in default of payment of any amount due to EPC Improvements under the contract then on giving the Customer 14 days’ notice in writing specifying the grounds for doing so, EPC Improvements may suspend performance of any or all of its obligations under the Contract. EPC Improvements shall resume obligations under the Contract within a reasonable time after receipt of any outstanding payment. Any suspension arising under this clause shall entitle EPC Improvements to payment of its reasonable costs and expenses incurred as a result and the period of suspension shall be disregarded in computing any agreed date for completion of the Works and/or Services and EPC Improvements shall not otherwise be liable to the Customer in regard to such suspension.
If for any reason the Goods and/or Services are cancelled by the customer within 72 hours of the Goods and/or Services start date, or if the customer is not at the project address on the date confirmed between EPC Improvements and the customer then a cancellation/restocking/call out charge may be charged as well as compensation for costs or losses reasonably incurred. Retention of all or part of the Customer’s deposit and further advance payment, if made, as a contribution may occur.
Should you be in breach of conditions set out in the above clauses of this section - payment 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 subsection “Unexpected Work” (above) of this Contract will apply.

ACCEPTANCE PROCEDURE

Goods shall be deemed to have been accepted by the Customer on delivery unless the Customer notifies EPC Improvements in writing of non-acceptance of the Goods within three days of delivery.
Where the Contract is for the sale and installation of a complete system incorporating Goods, EPC Improvements shall, unless otherwise agreed, be responsible for the installation, testing and commissioning of the system
Completion of the installation, testing and commissioning and acceptance of a system by the Customer (which the Customer shall not be entitled unreasonably to refuse) shall be evidenced by the signature of a certificate of hand-over by an authorised representative of EPC Improvements and by the Customer or their representative.

TIMETABLE AND DELIVERY; TITLE AND RISK; WORKMANSHIP WARRANTIES AND LIABILITY

Timetable

We agree to supply the goods and carry out the installation work as specified in the timetable that we have agreed upon and is set out in the Proposal. 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 upon. 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 consensual agreement of both parties.
In the case of severe delays 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 as detailed in subsections “Consequence of Delay” and “Ending this Agreement” below. Alternatively, 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. This is in line with the Consumer Code and the Supply of Goods and Services Act 1982.

Consequence of Delay

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 severe delays to the delivery of goods or installation for reasons that are within our control, you can cancel the contract as detailed in section “Suspensions and Terminations”.

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 our proposals.

Delivery

EPC Improvements will deliver or arrange delivery of the Good to the Customer or to the Customer’s agent at the place specified in the Contract for deliveries or, if no place has been specified, at such place as may be agreed in writing. EPC Improvements shall use its reasonable endeavours to deliver or arrange delivery of the Goods on the dates specified by the Customer or within a reasonable time thereof, provided always that the time for delivery shall not be of the essence of the Contract and EPC Improvements shall not be liable for any loss or damage whatsoever arising directly or indirectly from any failure to effect delivery within such periods.
The Customer shall accept deliveries of Goods by instalments.
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.

Passing of Property

Goods and/or products will be Your responsibility from the time We deliver them. You do not own the goods until We have received full payment for the services undertaken.
Until EPC Improvements has been paid in full for any Goods supplied under the Contract, the Customer holds the Goods in a fiduciary capacity as bailee of EPC Improvements and:
1. Title to the Goods shall remain with EPC Improvements and the Customer shall store the Goods in such a manner that they are clearly identifiable as the property of EPC Improvements; and
2. EPC Improvements reserves the right to dispose of the Goods and may retake possession thereof at any time for that purpose and may by its servants or agents enter upon any land or premises owned or occupied by the Customer or any subsequent purchaser of the Goods from the Customer and in addition the Customer shall include in any contract with a sub-purchaser a licence in favour of EPC Improvements covering the right of entering covered in the sub-clause; and
3. If the Customer incorporates or allows the incorporation of the Goods into other goods or products in any way, legal and beneficial title to those other goods, both during the process of incorporation and thereafter shall vest forthwith in EPC Improvements, and the Customer shall hold them in fiduciary capacity as bailee for EPC Improvements; if EPC Improvements so requires the Customer shall observe the conditions regarding storage in sub clause (a) above hereof as if such other goods were the Goods originally supplied; and
4. the parties agree that incorporation of the Goods into other goods or products in any way is not intended to extinguish EPC Improvements' title to the Goods as provided for these Conditions; and
5. without prejudice to the above sub-clauses the Customer shall (subject to notice from EPC Improvements to the contrary or in case of the events referred to in clause (4) below) have the power to sell the Goods in the normal course of its business on behalf of EPC Improvements; and
6. The Customer shall include within its contract with a sub-purchaser provisions which cover EPC Improvements' rights under this “Passing of Property” section; and
7. The Customer shall notify any subsequent purchaser of the Goods that the title to the Goods remains with EPC Improvements until the customer has made payment in full to EPC Improvements for the Goods; and
8. Any monies received by the Customer from any subsequent purchaser shall be held separately from any monies of the Customer or any other party on behalf of EPC Improvements and the Customer has a fiduciary duty to account for such monies to the extent of its indebtedness and to this extent is to pay EPC Improvements any sums received in respect of the Goods.
9. Notwithstanding the foregoing, risk in the Goods shall pass to the Customer upon the terms of subsection “Risk” below.
On receipt of notice from EPC Improvements or on the happening of any of the events set out under (4) below, all Goods shall be immediately delivered to EPC Improvements and/or EPC Improvements acting by its servants or agents shall have the right without notice during normal business hours to enter upon the land or buildings of the Customer or any subsequent purchaser of the Customer to take possession of the Goods.
The events hereinbefore referred to are:
1. Any notice to the Customer that a receiver or manager of all or any part of the Customer’s assets is to be or has been appointed.
2. Any notice to the Customer that a petition to wind up the Customer is to be or has been presented or any notice of a resolution to wind up the Customer (save for the purpose of reconstruction or amalgamation) has been given or such a resolution has been passed
3. A decision by the Customer that the Customer intends to make an arrangement with its creditors.
4. The Customer is unable to pay its debts as defined in Section 123 of the Insolvency Act 1986.
5. The Customer ceases to or threatens to cease to carry on its business.

Risk

The Goods shall be at the Customer’s risk from the time that they are delivered to the Customer in accordance with the Contract. The Customer shall insure the Goods for the full Contract price against loss or damage arising from any cause whatsoever. If requested by EPC Improvements the Customer shall execute an assignment in favour of EPC Improvements of all rights of the Customer to claim against the insurers in respect of the Goods covered by such insurance and shall join EPC Improvements in notifying such insurers of EPC Improvements' interest in any policy affected hereunder. Such insurance (with insurers to be approved by EPC Improvements) shall be effected by the Customer to cover the period from the time when the risk in the Goods passes to the Customer as provided above to the time when the property in the Goods passes to the Customer and EPC Improvements' interest as a vendor of the Goods shall be notified by the Customer to the insurers.

Claims in Transit

EPC Improvements will not accept any responsibility whatsoever for loss, damage, discrepancy or shortfall to the Goods in transit if carried by a carrier nominated or requested by the Customer or by a carrier who is the servant or agent of the Customer. Claims shall be made immediately by the Customer to the carrier.
Save as provided above, EPC Improvements will repair, or at its option, replace free of charge, any part of the Goods lost or damaged in transit provided that EPC Improvements and the carrier are given notice of such loss or damage within the time required by the carrier’s conditions of carriage or, where deliveries are made by EPC Improvements' own transport, within three days of receipt of the Goods or on the day upon which the Goods should have arrived had they not been lost and provided that any damaged Goods or part thereof are returned carriage paid by the Customer to EPC Improvements.

Warranties

Most Products supplied by us come with the benefit of a manufacturer’s product guarantee. Where a claim in respect of any of the Products is notified to EPC Improvements Ltd by you in accordance with the Terms and Conditions, EPC Improvements Ltd will liaise with the manufacturer and use all reasonable endeavours to secure a replacement of the Product or the part in question) or a refund of the price of the Product (or a proportionate part of the price). This warranty does not replace or limit your legal rights to bring a claim to EPC Improvements Ltd as the retailer of the goods supplied.
Any product damaged by EPC Improvements Ltd during installation shall be replaced free of charge.
We guarantee our workmanship for 2 years from the date of install.
1. Our Warranty sets out the terms upon which EPC Improvements Ltd offers warranty cover for the Products supplied by it to its Customers, and for the installation services provided by us and our installers. Terms defined in which EPC Improvements Ltd ‘s Terms and Conditions bear the same meaning when used in this warranty. Your attention is drawn to the other sections of these Terms and Conditions, which include provisions relevant to the warranty set out below.
2. We will warrant to you that the Installation Services will be performed by the appropriately qualified and trained installers using reasonable care and skill, to such a high standard of quality as it is reasonable for you to expect.
3. The Warranty Period for the Installation Services shall be 2 years from completion of the Installation Services.
4. If you make a valid claim about our service in accordance with these Terms and Conditions, as Remedial Action, EPC Improvements Ltd may arrange for the relevant Products to be reinstalled by any of our Registered or approved Installers or refund to the Customer the charge for the relevant part of the Installation Service (or a proportionate part of such charge).
5. This Warranty will only apply:
  1. If the Product has been installed by EPC Improvements Ltd Registered Installer and has been properly used and maintained throughout the Warranty Period.
  2. If you have informed EPC Improvements Ltd of the alleged defect within the Warranty Period and within a reasonable period of discovery.
6. General conditions
  1. You will promptly provide all information and support including access to site and services) reasonably necessary to enable us to evaluate any alleged defect and to perform its obligations under this Warranty.
  2. You agree that all premises, plant, power, fuel support services and other inputs that you provide for the installation and use of the Products are reasonable, are fit for purpose and will be properly used and provided.
7. Any dispute as to whether a defect is covered by this warranty shall be immediately referred at the request of either party to the complaints service as detailed in the “Complaints And Dispute Resolution, Mediation And Arbitration” section.
8. When EPC Improvements Ltd has installed a system in a property that is sold within the Warranty Period the warranty will pass to the new legal owner of the property. It may not be transferred to or exercised by any third party. To transfer the warranty, you must call EPC Improvements Ltd at 02080 512500 with the new details of the system owner.
9. This warranty 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.
Our workmanship warranty is insured under the IWA scheme. You will receive an individual policy document confirming the details of the workmanship warranty insurance.
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.

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 we may use the protected payment scheme which the Code administrator has arranged. 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. When we store the goods, 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 the contract is terminated early for reasons detailed in section “Suspensions and Terminations” of this Contract then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.
You can seek those remedies if what we supply or install is faulty, incorrectly described, or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or you decide you no longer want some or all of the components.
If the Contract is terminated early for reasons detailed under section “Suspensions and Terminations” of this Contract then, with reasonable notice, you must return and deliver the goods to us. If this happens, you may have to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made.
If you are in serious 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.
Until ownership of the goods passes to you, you must:
1. store the goods separately in such a way that they remain readily identifiable as our property;
2. not destroy, deface, or obscure any identifying mark or packaging on or relating to the goods; and,
3. maintain the goods in a satisfactory condition.

Limitation of liability

Nothing in these Conditions shall limit or exclude EPC Improvements’ liability for:
1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation
3. breach of the terms implied by section 12 of the Sales of Goods Act 1979
4. defective products under the Consumer Protection Act 1987; or
5. any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability; subject to which
6. If EPC Improvements is found to be in breach of the Contract its liability shall be limited to the cost of repair or replacement of the Goods provided or the re-performance of the services provided.
7. EPC Improvements shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
8. EPC Improvements’ total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods or Services under the Contract.
9. Investigation work is not covered under warranty, if it is confirmed that EPC Improvements are not at fault. Depending on the warranty terms, as agreed at the time of accepting the quotation, only parts and/or labour to replace any faulty parts is covered. Annual maintenance must be completed throughout the warranty period to ensure it’s still valid.
So far as the law allows, the only warranties and/or terms which apply to the goods and services under the Schedule of Works are those set out within this Agreement.
EPC Improvements warrants that the Goods supplied by it to the Customer under the Contract will be of satisfactory quality and reasonably fit for any purpose made known to EPC Improvements in writing at the time of the Customer’s order or agreement and that it will carry out the Services with reasonable skill and care. Subject as aforesaid, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

SUSPENSIONS AND TERMINATION

Your rights to a cancellation period are detailed in the sub-section “GENERAL\Your Right To Cancel” of this contract.
If you cancel this Contract after the period referred to in the sub-section “GENERAL\Your Right To Cancel” 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.
Your installation will take place, normally, a few weeks after the 14-day cancellation period has passed. The 14-day cancellation period is given to you to ensure compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You should also note that all installations are subject to work loads committed to and/or the availability of the materials and equipment.
If the customer fails to comply with any of the terms of the Contract, whether a condition or warranty express or implied, or if any of the events set out in sub-clause “Delivery\Passing of Property (4)” occurs or if EPC Improvements reasonably believes that they might occur and notifies the Customer accordingly, then, without limiting any other right or remedy, EPC Improvements may suspend or terminate all further obligations under the Contract or under any other contract between the Customer and EPC Improvements without incurring any liability to the Customer, and all outstanding sums shall become immediately due and EPC Improvements may apply the rights under section “Payment\Late Payment”. In such an event EPC Improvements will be discharged from further performance of the Contract (subject to the end of any period of suspension as applicable following the rectification of the terms of the Contract to EPC Improvements' reasonable satisfaction) and the Customer shall forthwith upon demand pay to EPC Improvements all costs and expenses and overheads incurred in connection with the Contract together with any loss or profit and all sums due to EPC Improvements hereunder.

Ending this Agreement

We shall be entitled to end or suspend this Agreement by giving You written notice where You don’t:
1. allow Us access to be able to undertake the Schedule of Works;
2. provide clear and safe access in line with subsection “Work on Site”;
3. complete Your obligations under this Agreement having been asked by Us and given 21 days’ notice to do so;
4. complete Your obligations under subsection “payment” of this Agreement.
In the event this Agreement is terminated You shall allow us access to collect any goods and/or product for which payment has not been made. Should access not be provided We shall be entitled to charge You for these goods and/or products.
If You have a bankruptcy petition filed against You or We reasonably believe that You will not be able to pay for the services associated with the Schedule of Works, We may choose to end or suspend this Agreement until payment in full for the ongoing and completed works has been made.
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.
You shall have the right to end this Agreement if We fail to materially meet Our obligations under this Agreement. Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to:
1. cancel the contract and receive an appropriate refund; or,
2. request a repair or a replacement; or,
3. ask for compensation.
You may cancel Your order for services without reason within 14 days following conclusion of this Agreement.
You may request for the services to commence during your 14 day cooling off period under this Agreement. If you want the work to start during the cancellation period referred to in the sub-section “GENERAL\Your Right To Cancel” then you must request this in writing (e.g a letter or email), we have enclosed a form in Appendix 1 which can be used for your convenience . If we start the work on the installation and you later decide to cancel the contract within the cancellation period described in the sub-section “GENERAL\Your Right To Cancel”, you may be responsible for the costs of the goods and services already supplied and for making good on the property.
If however you request for the services to start prior to the expiration of Your 14 day cooling off period you shall:
1. if full performance of the services has been completed during Your cooling off period, lose Your right to cancel and bear all costs for services carried out; or
2. if partial performance of the services has been completed during Your cooling off period, pay Us an amount which is in proportion to the services already performed until You have communicated to Us Your cancellation from this Agreement in comparison to the full costs of the services as set out in Your Quotation.
In the event that You cancel the services during Your cooling off period (and have not requested for the services to commence during this period) We will reimburse any payments already made to Us . Refunds will be made within 14 days of You notifying Us of Your right to cancel and will be made by the same means that payment was received from You unless You agree otherwise.
To exercise Your right to cancel You must inform Us in a clear statement of your decision to cancel the services (“Notice to Cancel”) either by:
1. completing the cancellation form attached to these terms in Appendix 1 or notifying Us clearly in writing of Your option to cancel and sending this to either:
2. 15 - 17 Russell Way, Chelmsford, Essex, CM1 3AA, United Kingdom.
3. Or info@epc-improvements.co.uk
4. Or; phoning Us on 020 8051 2500
Upon receiving a Notice to Cancel from You We will arrange for the collection of any goods that have been delivered to You in preparation of the services.

COMPLAINTS AND DISPUTE RESOLUTION, MEDIATION AND ARBITRATION

Complaints

If we don’t deliver the standards of service you reasonably expect, we want to know about it so we can try and put it right. Email us at info@epc-improvements.co.uk to discuss your query/complaint. We will independently assess Your complaint and do all We can to resolve things to Your satisfaction. If We can’t resolve Your complaint there and then We will carry out a full review and aim to respond to you within 7 working days. We aim to have your complaint closed within 14 days, depending on materials and supplies’ availability.

Dispute Resolution

English law shall apply to the Contract
Subject to either party’s right to adjudicate at any time, the parties shall use their reasonable endeavours to resolve any dispute or difference between them through negotiation or mediation. If at any time a dispute arises between you and us that cannot be resolved amicably, both you and we can refer the matter to be handled through the RECC complaints procedure. We must agree to follow this procedure if that is your wish. The RECC complaints procedure is set out in section 9 of the Consumer Code (www.recc.org.uk).
Initially, the complaint will be allocated to a RECC caseworker, who will mediate between both parties in order to resolve the dispute. Alternatively, the complaint will be referred to independent conciliation. Both mediation and conciliation aim to reach a non-legal solution to the dispute in a reasonable timescale.
If the mediator or conciliator recommendations are not acceptable for any reason, you can refer the matter to the independent arbitration service, and we must agree to arbitration if that is your wish. You will have to pay a fee equivalent to the County Court small claims procedure fee. The fee is payable directly to the arbitration company and will be refunded to you if the arbitrator finds in your favour.
The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.
Disputes that relate to the MCS Installer Standards can be referred to our MCS Certification Body: NAPIT HQ - Mansfield 4th Floor, Mill 3 Pleasley Vale Business Park, Mansfield, Nottinghamshire NG19 8RL, 0345 543 0330, info@napit.org.uk, www.napit.org.uk.

Appendix 1

CANCELLATION NOTICE - I / WE HEREBY GIVE NOTICE THAT I / WE WISH TO CANCEL THE ABOVE ORDER

(please refer to section “Your Right to Cancel” of this document)

To: EPC Improvements Ltd 15-17 Russell Way, Chelmsford, Essex, CM1 3AA

Order Date:

Order reference:

Signature

Print Name

Date.