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1 WORLD SOLAR LTD - TERMS AND CONDITIONS – 9th December 2008 |
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1. QUOTATIONS
All quotations are subject to confirmation by 1 World Solar Limited (henceforth the ‘Company’) on receipt of the purchaser's signed order. The customer shall give a written order, which shall take effect as an offer to purchase, whereupon a contract shall automatically be created when a representative of the Company countersigns the order.
2. ORDERS
Orders are accepted on the understanding that the general conditions of sale will apply, regardless of any conditions printed on customers own stationery. Exceptions will be where a separate contract or agreement has been drawn up between the two parties. ORDERS OR CHANGES TO ORDERS MUST BE IN WRITING, otherwise the Company cannot accept responsibility for wrong interpretation or delay. In all cases, the issue of a signed copy of the order form is proof of acceptance of an order and confirms details of such orders, but it is the responsibility of the buyer to check orders and confirmation notes carefully to ensure that their requirements have been correctly interpreted as subsequent alterations may be impossible, without incurring a charge.
3. DEPOSIT AND CANCELLATIONS
A deposit of 25% is required prior to processing of all orders, unless otherwise agreed by the Company. Cancellation of the order can be made using the Company’s Cancellation Form up to seven working days from order date (the cooling off period). Cancellation will also be accepted if the Company cannot supply/install within the time period specified in the contract or subsequently agreed in writing by both parties. The Company reserves the right to cancel the order if it transpires that it is not technically viable to carry out the work, due circumstances not noted at the time of survey or subsequently changed (e.g. bats, vermin, asbestos, health and safety hazard etc). In such situations, the Company will notify the customer of the reasons in writing within seven days and will supply an amended proposal where feasible or will refund the deposit in full if this is not acceptable.
4. TRANSIT BREAKAGES AND CLAIMS
Consignments are fully insured against loss or damage to the point of delivery. It is important that all items are examined upon receipt or as soon as possible afterwards. Any loss or damage should be reported to us immediately and confirmed in writing within 3 days. Non delivery must be reported to us within 3 days after the agreed date of delivery, otherwise it will be assumed that all the items have arrived safely. Failure to comply with these conditions may prevent the customer from recovering the cost of any loss or damage sustained. Deliveries will be made only over hard and practicable roads, unless otherwise agreed. No claims for damages or discrepancies will be allowed unless:-
i. The carrier's rules are complied with
ii. The delivery ticket is marked "Damaged" or "Deficient" and brief details given thereon
iii. A claim is made within seven days of receipt of the goods
5. DELIVERY AND INSTALLATION DATES
Delivery and/or installation dates are submitted in good faith on the assumption that the materials and labour will be normally available. In the event of supplies or labour being interrupted by illness, strikes, lockouts, fire, war or other contingencies beyond our control there may be a delay or suspension of orders. Whilst every effort will be made to deliver/install goods by a specified date, should delivery be delayed for any reason whatsoever the Company will inform the client as soon as possible, but will not be responsible for any loss, delay or inconvenience sustained by the buyer. If a buyer fails or refuses to take delivery of materials, or allow an installation to proceed, on the date on which has been agreed, they shall be liable to the Company, and for a reasonable charge by the Company for any charges incurred by the Company couriers or installers. Alterations to timings by the purchaser must be made before 10am on the first working day prior to delivery or installation and under no circumstances be made after the goods and/or installers have been despatched.
6. PLANNING PERMISSION AND OWNERSHIP
Unless it is included on this contract in writing, it will remain the customer’s responsibility to obtain any planning permission or listed building consent required. The Company will not accept any claims whatsoever for loss or inconvenience due to not obtaining required permissions if it is not included on this contract. By signing the contract the buyer is accepting responsibility as owner of the property or agreed agent for the owner, with the consequent rights to make alterations to said property.
7. PAYMENTS
A deposit is required before any order is processed and payment in full is required upon completion of an installation. Payments can be made either by cheque, debit card, bankers draft or postal order made payable to “1 WORLD SOLAR LTD”. If a buyer defaults in payment the Company may delay delivery, installation or cancel the contract altogether. Interest will be charged on any overdue payment at a rate of 2% per month from the date of delivery or completion of installation.
8. TITLE OF GOODS
Until the Company has received payment in full of the price of the goods, the buyer acquires no title to the goods which are subject of the sale, and the ownership thereof remains with the Company. However upon receipt of a deposit for an installed system this deposit will be used for purchasing equipment to be held on trust for the purchaser, separately stored, protected, insured and clearly identifed as the consumers property, up to the value of said deposit.
9. RESPONSIBILITY
Once delivered, the customer is responsible and shall indemnify the Company against any damage or loss of materials and equipment of the Company arising out of any accident by fire, theft or other cause. The customer shall effect insurance to cover such matters. Any such accident shall not entitle the customer to rescind the whole or any part of the contract.
10. GUARANTEES
Installation work carried out by the Company is guaranteed against poor workmanship for a period of one year. Faulty parts will be replaced free of charge whilst under guarantee, but a charge will be levied if the fault is found to be due to user error. After the one year installation guarantee period has expired, all call outs will be chargeable. All other parts are subject to manufacturer’s guarantees, which vary.
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