Terms & Conditions

0. DEFINITIONS

0.1 Contractor means "Heatshine Ltd, t/a Martyn O'Connor & Co".

0.2 The Works means all work necessary for the completion of the contract excluding any variations ordered by the Customer which had not been referenced at quotation stage.

0.3 "Contract" means these conditions, the specification and schedule of works, the appendix and such other items or documents as may be expressly referred to and incorporated into it.

0.4 "Site" means the land and other places on, under, in or through which the works are to be executed and any other lands or places provided by the Customer for the purposes of the Contract.

0.5 "Contract Sum" means the sum as quoted by the Contractor and agreed by the Customer and as specified on the contract documents.

0.6 "Specification and Schedule of Works" means the specification referred to in the quotation and any modification thereof or addition thereto as may from time to time be applicable,

0.7 "Parties" means Heatshine Ltd t/a Martyn O'Connor & Co and the Customer.

0.8 "MCS Accreditation" means Microgeneration Certification Scheme an important quality assurance mechanism that sets out both: installer accreditation standards for installers of micro heat and power generators; and product accreditation standards for micro heat and power generators suitable for domestic use.

0.9 "Practical completion" means when the Works are finished, fit and ready for use by the Customer, with only acceptable minor items to be completed.

1. OBLIGATIONS

1.1 Execution of Work - The Contractor shall provide everything necessary for and shall be responsible for the proper and efficient execution of the Works in accordance with the Contract, and with any further drawings, details, instructions and explanations issued by the Customer.

1.2 Statutory requirements - The Contractor shall serve all notices, comply with all legal and statutory requirements and pay all fees and charges as appropriate.

1.3 The Contractor shall take full responsibility for the care of the works from the commencement date until completion of the whole of the works.

1.4 Person in charge -At all times the Contractor shall ensure that site operatives are able to contact a competent Person in Charge empowered to discuss the work with and take the Customer's instructions.

1.5 Protection - The Contractor will take full care to protect the home of the Customer whilst working within and around including the use of dust sheets, protective sheeting and the like and ensuring a clean, tidy site so far as is reasonably practical at the end of every working day.

1.6 Safety - The Contractor shall be fully responsible for the health and safety of site operatives, ensuring PPE is correctly maintained and used, all instructions are fully understood and all aspects of the Health and Safety Act are complied with.

1.7 The Contractor will ensure, when working in occupied premises that at the end of the day when leaving the site, any services disconnected by the Contractor will be reinstated or temporary connections made.

1.8 Site Hours - Work shall be undertaken during normal working hours at the Site concerned, that being 8am - 5pm Mon - Fri, except where the work is classified as Emergency or Very Urgent or otherwise agreed with the Customer.

1.9 Regulatory bodies - Upon completion of works, valid certification will be provided. In the case of MCS activities, the products to be installed will be certificated under the MCS. Where this is not the case the Contractor will make clear that the installation itself will not be certificated under the MCS and may not therefore be eligible for grant funding or such like.

1.10 In the case of MCS installations, the Contractor will advise the Customer of any action required for arrangements needed for grid connection for electrical systems and the means for complying with those requirements.

2. MATERIALS, WORKMANSHIP, GUARANTEES

2.1 Materials, workmanship - the materials and workmanship shall be the best of their respective kinds, in accordance with the qualities and details described in the Contract Documents.

2.2 A guarantee against manufacturing faults is available and in the event of a fault developing within the guarantee period, the customer will be offered a range of remedies to include:

2.2.1 Correcting the fault on site, if this is practical and in line with the guarantee offered.

2.2.2 Provide replacement or extra equipment to restore the system to its original condition and make good any alterations that have been made.

2.3 The guarantee will be in line with any conditions set out under the Microgeneration Certification Scheme.

3. FINANCIAL MATTERS

3.1 Payment - the Customer shall pay to the Contractor the Contract Sum or such other sum as shall become payable in the manner and at the times specified in the Conditions set out herein.

3.2 Single main payment - this shall be made to the Contractor after the practical completion of the work.

3.2 Interim payments -these may be made from time to time with the agreement of the Customer.

3.3 Final account - The Contractor shall supply his final account and all information needed for the Customer to approve and certify the appropriate amount. Final payment may be taken as evidence that the work, materials or goods are in accordance with the Contract.

3.4 VAT - shall be charged in accordance with the relevant Acts of Parliament and with the rules of H M Revenue and Customs and shall be included in the Contract Sum as appropriate.

4. CANCELLATION RIGHTS

4.1 The Customer will have seven working days after signing a contract ('the cooling off period') to cancel the contract without penalty. The cancellation form will be provided with the Letter of Acceptance.

4.2 Cancellation of the contract must be addressed to Heatshine Ltd T/as Martyn O'Connor & Co, Tirowen, Llangoedmor, Cardigan, SA43 2LB and forward by recorded delivery.

4.3 Installation of the system will not start during the cooling-off period unless this cannot be reasonably avoided.

4.4 The Contractor will make the customer aware of the consequences of starting to install the system before the end of the cooling off period should they later decide to cancel the contract within the time allowed.

5.0 AFTER SALE SERVICE

All after sale enquiries will be handled by the Contractors' office at Tirowen, Llangoedmor, Cardigan SA43 2LB, telephone number: 01239 613423.

6.0 WHOLE AGREEMENT

The Customer and Contractor acknowledge that this Agreement and the schedule of works, drawings and appendix attached to it contain the whole Agreement between the Parties.

The Agreement supersedes any prior Agreement between the Parties whether written or oral and any such prior Agreements are cancelled as at the commencement date but without prejudice to any rights which have already accrued to either of the Parties.

7.0 WAIVER

The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of the Agreement.