These terms and conditions apply once a customer has accepted a quotation from SKD Electrical Solutions Ltd T/A Pro Solar. The Quotation and these terms and conditions together constitute the binding Contract between the Customer and SKD Electrical Solutions Ltd T/A Pro Solar regarding the supply and installation of Solar PV and/or battery storage.
Agreement for Solar PV and Battery Storage
1.1 SKD Electrical Solutions Ltd T/A Pro Solar, hereafter referred to as “Pro Solar,” shall supply, and the Customer shall purchase the Solar PV and/or battery storage and Services in accordance with the Quotation and these terms and conditions (the “Contract”).
1.2 The Contract shall prevail over any other terms and conditions related to the acceptance of the Quotation or any orders made by Pro Solar.
1. Definitions and Interpretation
In this Contract, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday, or bank holiday in England;
“Business Hours” means Monday to Friday, 9 am to 5 pm;
“Solar System” means the Solar PV and/or battery storage which Pro Solar will supply in accordance with this Contract and all associated hardware required for the operation of such solar system as specified in the Quotation;
“Commencement Date” means the date the Quotation was accepted by the Customer;
“Confidential Information” means information disclosed by Pro Solar to the Customer, or by the Customer to Pro Solar, in connection with this Contract, whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such;
“Contract” has the meaning in clause 1.1;
“Contract Price” means the price stated in the Quotation payable for the Solar system and the Installation Services. Any prices in the Quotation not related to the price for the supply of the Solar system or the Installation Services under this Contract shall not form part of the Contract Price;
“Customer” means the person who accepts a Quotation from Pro Solar for the sale of Solar system and supply of the Installation Services;
“Delivery Date” means the date on which the Solar system components is to be delivered as stipulated in clause 5.2;
“DNO” means the Site’s local distribution network operator;
“Pro Solar” means SKD Electrical Solutions Ltd T/A Pro Solar, a company registered in England, and includes all employees and agents of Pro Solar;
“Force Majeure Event” means any circumstance not within a party’s reasonable control, including but not limited to: (a) acts of God, flood, fire, storm, tempest, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical, or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, or prohibition; (f) collapse of buildings, fire, explosion, or accident; (g) interruption or failure of utility service such as a power failure, internet service provider failure; (h) any labour or trade dispute, strikes, industrial action, or lockouts; and/or (i) any supply interruptions, import delays, or customs issues.
“Installation Date” means the date that the Solar system is to be installed at the Site as specified in the Quotation or otherwise agreed in writing between Pro Solar and the Customer, if different from the Delivery Date;
“Installation Services” means the installation of each Solar system;
“Month” means the calendar month;
“Postponement Fee” means a fee payable by the Customer if the Delivery Date is postponed by three months or more following written notice by the Customer. This fee is stipulated at Pro Solar’s discretion;
“Quotation” means the quote document attached to the Solar system proposal document provided to the Customer along with these terms and conditions, which sets out the Contract Price;
“Site” means the site where the Solar system is to be installed as specified in the Quotation;
“Specification” has the meaning in clause 4.2.
2.1 Unless the context otherwise requires, each reference in this Contract to:
(a) “writing,” and any cognate expression, includes a reference to any communication effected by electronic or similar means;
(b) a statute (meaning a written law passed by the government) or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
(c) a clause is a reference to a clause of this Contract; and
(d) “Party,” “the Parties,” or “Each Party” refers to the parties to this Contract.
2.2 The headings used in this Contract are for convenience only and shall have no effect upon the interpretation of the Contract.
3. Basis of Sale and Service
3.1 Pro Solar will supply the Solar system and provide the Installation Services in accordance with the terms of the Quotation.
3.2 This Contract shall take effect and become binding on the Parties on the Commencement Date.
3.3 Pro Solar’s employees or agents are not authorised to make any representations concerning the Solar system or Services unless confirmed by Pro Solar in writing. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations not included in this Contract.
3.4 Pro Solar may amend sales literature, price lists, and other documents issued in relation to the Solar system and Services without notice, and these documents will not constitute offers to sell the Charger that are capable of acceptance.
3.5 Any typographical, clerical, or other accidental errors or omissions in any sales literature, proposal document, Quotation, price list, acceptance of offer, invoice, or other document or information issued by Pro Solar shall be subject to correction without any liability on the part of Pro Solar.
4. Solar System Specification
4.1 Pro Solar will ensure that each Solar system:
(a) complies with any requirements specified in the Quotation;
(b) is new at the point of installation;
(c) is not the subject of any security interest or adverse title, other than any security interest approved by the Customer (not to be unreasonably withheld or delayed);
(d) complies with all applicable laws, regulations, standards, grid, and communication requirements as set out in this Contract;
4.1 Pro Solar reserves the right to make any changes to the Specification which are required to conform with any applicable safety or other statutory or regulatory requirements or which do not materially affect the Solar system’s quality or performance.
5. Delivery
5.1 Pro Solar shall deliver the Solar system to the specified Site prior to installation.
6. Non-Delivery of Charger
6.1 If Pro Solar fails to deliver the Solar system on the Delivery Date for reasons within Pro Solar’s reasonable control or due to Pro Solar’s or the carrier’s fault and seven (7) days following receipt of written notice from the Customer reporting such failure, Pro Solar still fails to deliver the Solar system within seven (7) Business Days after receiving such notice, the Customer may terminate the Contract, and Pro Solar shall return to the Customer any advance payment made by the Customer to Pro Solar under this Contract. Pro Solar shall have no further liability for failure to deliver by the Delivery Date.
7. Installation Services – Pro Solar’s Obligations
7.1 Pro Solar will provide the Installation Services:
(a) using reasonable care and skill;
(b) in accordance with the Quotation in all material respects; and
(c) using reasonable endeavours to keep noise and disruption to the Customer’s operations to a minimum.
7.2 If the Customer wishes to postpone the Installation Services, written notice must be provided to Pro Solar at least seven (7) Business Days before the Installation Date specified in the Quotation.
7.3 Pro Solar will make reasonable efforts to accommodate any Site access restrictions communicated in writing ahead of the Installation Date by the Customer, its consultants, or subcontractors. However, the Customer agrees to be flexible and extend Site access times if reasonably required by Pro Solar to perform the Installation Services effectively.
7.4 The Customer is responsible for ensuring that the Site is suitable for the installation of the Solar system. If the Site is not suitable for the installation or any unforeseen event arises that may materially impact the Solar system and/or Installation Service, extending the contract duration and cost, Pro Solar reserves the right to increase the Contract Price accordingly.
8. Installation Services – Customer Obligations
The Customer shall:
(a) Ensure that the terms of the Quotation are complete and accurate;
(b) Cooperate with Pro Solar in all matters relating to the Solar system and Installation Services;
(c) Provide Pro Solar, its consultants, and subcontractors with access to the Site and other facilities during Business Hours, as reasonably required for the provision of the Solar system and Installation Services;
(d) Obtain and maintain all necessary licenses, permits, permissions, and consents required for the Solar system and Installation Services before the Installation Date;
(e) Be responsible for any costs imposed by National Grid or the DNO for connection of the Solar system and the Site to the grid, including any grid reinforcement works required for the Solar system, as well as any costs for connection to a telecommunications network;
(f) Comply with all applicable laws, including health and safety regulations;
(g) Comply with any additional obligations set out in the Quotation.
(h) It is recommended that you inform your property insurers about the proposed installation to check if it will increase your buildings insurance premium.
9. Price
9.1 All prices are inclusive of charges for packaging and delivery, unless otherwise stated in the Quotation.
9.2 The Contract Price includes any applicable value-added tax, excise, sales taxes, or similar levies, which the Customer shall be liable to pay additionally to Pro Solar.
10.Payment
10.1 Pro Solar will invoice the Customer prior to delivery of the Charger and/or completion of the Installation Services (if applicable) as agreed in the Quotation.
10.2 If the Customer fails to make any payment on the due date, Pro Solar may cancel the order or suspend further deliveries or services, appropriate any payment made for the Charger or Services, and charge interest on the overdue sum at a rate of 8% per year above the Bank of England’s base rate, calculated daily.
10.3 Pro Solar will never ask for more than a 25% deposit, including VAT, on signing of the contract. If we require you to make any advance payments, these will be communicated to you, in writing, with the dates that they are due to us. These advance payments will never, when added to the deposit, exceed 60% of the total agreed contracted price. We will not ask for any advance payments more than 21 days from the agreed delivery or installation date.
10.4 If we have requested a deposit, this will be insured with IWA as well as any advance payments we may request, so that you can get the work completed or your money back if we cannot deliver your equipment because we have ceased trading.
10.5 When you confirm the order and we receive any requested deposit, we will register your name, address and the total value of the contract with our provider. If you are not content for us to register your details in this way, please let us know.
11. Risk and Retention of Title
11.1 Risk of damage or loss of the Solar system shall pass to the Customer upon delivery.
11.2 Legal and beneficial title to the Solar system shall remain with Pro Solar until full payment of the Solar system’s price has been received in cleared funds.
11.3 Pro Solar may repossess any for which it retains title without notice and is authorised to enter the Site during business hours for this purpose.
12.Defective Charger
12.1 Pro Solar shall not be liable for any defects arising from fair wear and tear, wilful damage, negligence, failure to follow instructions, misuse, alteration without approval, or any other act or omission of the Customer or any third party.
13. Liability
13.1 Pro Solar’s liability is not excluded or limited for death or personal injury caused by negligence, illegal acts, or fraud.
13.2 All warranties, conditions, and implied terms by statute or common law, except those implied by section 12 of the Sale of Goods Act 1979, are excluded to the fullest extent permitted by law.
13.3 The Customer shall indemnify Pro Solar against any damages, costs, claims, and expenses arising from loss or damage to equipment caused by the Customer, its agents, or employees.
13.4 Pro Solar shall not be liable for failure or delay in performing its obligations due to any cause beyond its reasonable control, including Force Majeure Events.
13.5 Pro Solar’s total liability arising from the Contract shall be limited to the Contract Price, and it shall not be liable for any indirect or consequential loss or claims for consequential compensation whatsoever.
14. Ending the Contract
14.1 Pro Solar may terminate the Contract with immediate effect if the Customer fails to perform its obligations and does not remedy the failure within seven (7) days of written notice.
14.2 The Customer may terminate the Contract with immediate effect under certain conditions, including failure of Pro Solar to perform its obligations or insolvency.
14.3 Other than as specified in clause 14.2, the Customer may not terminate the Contract without Pro Solar’s written agreement and shall indemnify and reimburse Pro Solar for any losses incurred due to the termination.
14.4 Cancellation by the Customer:
(a) Your cancellation rights will vary depending on whether the contract you agree with us is considered to have been agreed on or away from trade premises:
(i) For contracts considered to have been agreed on trade premises you will be given a fourteen (14) day cancellation period from the day that the contract was signed.
(ii) For contracts considered to have been agreed away from trade premises, your cancellation rights are as set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. These regulations give you the right to cancel from the time that the contract is signed until fourteen (14) days after the delivery of the last of the goods.
(b) Subject to clauses 14.1 and 14.2, if the Customer needs to cancel the Contract for the supply and installation of the Charger, the following cancellation fee shall apply:
(i) Cancellation outside of the cancellation period: The Customer shall be liable to pay a cancellation fee equivalent to the costs Pro solar has reasonably incurred
(c) Notice of cancellation must be provided in writing and received by Pro Solar within the time frames specified above to be effective.
(d) The cancellation fee is due to the costs incurred by Pro Solar in preparation for the installation, including but not limited to, scheduling, equipment reservation, and potential loss of business. Such costs will not include any sales, marketing or other costs incurred before the Contract was signed.
(e) Any advance payment made by the Customer may be applied towards the cancellation fee. If the advance payment exceeds the cancellation fee, the excess amount shall be refunded to the Customer. If the advance payment is insufficient to cover the cancellation fee, the Customer shall be invoiced for the remaining balance.
(f) This cancellation policy does not affect the Customer’s statutory rights.
(g) If you wish us to begin work within the cancellation period you must give us express permission, in writing, to do so.
(h) You can find full details of your cancellation rights within the contract we will ask you to sign and also on the Cancellation Form we will issue to you.
15. Confidentiality
15.1 Both Parties shall keep Confidential Information confidential and not disclose it to others, except as necessary for the Contract’s purposes or required by law.
15.2 Confidential Information may be disclosed to certain parties, subject to appropriate confidentiality undertakings.
16. Communications
16.1 All notices shall be in writing and deemed duly given if signed by a duly authorised officer of the Party giving the notice.
16.2 Notices shall be deemed to be given when delivered (if by courier), sent successfully (if by facsimile or email), or within a specified period from mailing (if by ordinary or airmail).
17. Assignment
17.1 Pro Solar may assign or subcontract the Contract without the Customer’s prior consent.
17.2 The Customer may not assign the Contract without Pro Solar’s prior written consent.
18. Force Majeure
18.1 Neither Party shall be liable for failure or delay in performing their obligations due to causes beyond their reasonable control.
18.2 Provisions regarding Force Majeure Events are applicable.
19. Other important terms
19.1 This Contract constitutes the entire agreement between the Parties, supersedes previous agreements, and governs the supply and installation of Solar systems at the Site.
19.2 No third-party rights under the Contracts (Rights of Third Parties) Act 1999.
19.3 Any variation to the Contract shall be in writing.
19.4 If any provision is invalid, illegal, or unenforceable, it shall be deleted, but the remaining provisions shall not be affected.
19.5 No partnership intended.
19.6 The Contract shall be governed by English law, and any disputes shall fall within the jurisdiction of the courts of England and Wales.