HOUSEHOLDER INSTALLATION TERMS AND CONDITIONS
Contract for installation services between:
Live Manage Facilitate Limited (trading as LMF Energy Services)
AND
The Customer (whose name and address appears at the end of this document).
ACCEPTANCE OF OFFER
1.1 – The installation Offer is valid for a period of 30 days from the date indicated on the Offer Letter. If you wish to proceed, you must sign these Terms and Conditions. No contract is in place until we receive these signed Terms and Conditions from you.
1.2 – Please read these Terms and Conditions carefully before signing them. If you need any explanations, of any part, please contact us by telephone on 0333 456 0879, or in writing at gm**@lm***.uk or LMF Energy Services, Northwest House, 210 Price Street, Birkenhead, CH413PS.
1.3 – This agreement is governed by the law and the courts prevaifing where your property is located.
YOUR RIGHT TO CANCEL
1.4 – You have the right to cancel this contract during the ‘cooling off period’ without giving any reason. The cooling off period lasts 14 days.
1.5 – To cancel this contract you must inform us of your decision with a clear statement by letter sent by post, which requires a proof of delivery to Live Manage Facilitate Limited, Northwest House, 210 Price Street, Birkenhead, CH41 3PS or by email to gm**@lm***.uk
1.6 – You can if you wish make an ‘express request’ for the work to start within the cancellation period, a copy of the relevant form for you to do that is included along with this document.
OUR MAIN OBLIGATIONS
2 – Our main obligation to you is to do the work with all reasonable skill and care according to all relevant standards and in accordance with our accreditations.
2.1 – We agree to carry out the work with all reasonable skill and care in the planning, installation, and commissioning of the system described in the Offer.
The goods we supply will:
- Be of satisfactory quality;
- Be fit for purpose; and,
- Operate as we described to you
2.2 – 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 all relevant standards.
The Timetable
2.3 – We agree to supply the goods and carry out the installation work as specified in the Offer. Your acceptance of these terms indicates that you agree to proceed using that timetable.
2.3.1 – 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.
2.3.2 – If such delays occur, we will tell you as soon as possible and we will adjust the timetable by consensual agreement of both parties.
2.3.3 – In the case of severe delays to the delivery of goods, you may be offered different products of equivalent specification, value, and quality. You can either accept that offer, wait for the products you ordered, or choose to cancel the contract as detailed in section 7 of this contract. This isin line with the Supply of Goods and Services Act 1982.
Consequence of delay
Consequence of delay caused by us:
2.3.4 – 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 7 of this Contract.
Consequences of delay caused by you:
2.3.5 – We will seek to accommodate small delays where reasonable practicable.
OUR OTHER OBLIGATIONS
3 – We will communicate with you clearly and openly.
3.1 – We will ensure that the installation complies with all relevant standards.
3.2 – Once the installation is commissioned, we will give to you any relevant warranties, guarantees, test certificates, and any other relevant paperwork related to your goods and installation. We will aim to give you this when the system is commissioned, but otherwise no later than ten days after that.
YOUR OBLIGATIONS TO US
Supply of services
4 – You must provide the following for our use free of any charge:
- electricity supply;
- safe and easy access to your property from the public highway;
- easy access to the location within the property where the installation is to take place by removing all belongings.
UNEXPECTED WORK
5 – Where unexpected work arises, we will tell you and ask you how you want us to proceed.
5.1 – An asbestos survey may be required and any subsequent work required completed, before the commencement of work. If asbestos in any form issuspected 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 first need to be removed by a licensed Contractor.
OWNERSHIP
6 – Following commissioning the goods become a part of the property where they are installed and are owned accordingly.
CONTRACT CANCELLATION
7 – By signing and returning this document you are providing your agreement in writing to enable us to commence work within the cancellation period which starts when the customer signs the contract and ends 14-days after all of the goods relating to the contract are delivered to the customer’s home.
7.1 – Please note: if you consent for work to begin within the cancellation period and you later exercise your right to cancel you will be liable for the cost of work performed up to the point of cancellation. You will also lose the right to cancel the contract within the cancellation period when the installation is completely finished. When this occurs the company can charge the full contract price.
Your Rights
8 – Your rights to a cancellation period are detailed in sections 1.4 and 1.5 of this contract.
8.1 – If there is a serious delay to the delivery of goods or installation for reasons that are outside your control, or the system majorly differs from the original system design then you will be entitled to cancel the contract. This is in line with the Supply of Goods and Services Act 1982.
8.2 – Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to where appropriate:-
- cancel the contract; or,
- request a repair or replacement; or,
- ask for compensation where you have suffered a loss.
You can seek these remedies as appropriate and if what we supply 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.
Our Rights
8.3 – 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.
8.4 – 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.
MEDIATION AND ARBITRATION
9 – 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 mediation or concilliation.
9.1 – Both mediation and conciliation aim to reach a non-legal solution to the dispute in a reasonable timescale.
9.2 – 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. This fee is payable directly to the arbitration company and will be refunded to you if the arbitrator finds in your favour.
9.3 – 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.