Terms and conditions
Capture Energy Ltd adheres to the Real Assurance Scheme Ltd (REAL) consumer code. Full details can be viewed at www.realassurance.org.uk
1. Agreement
1.1. Capture Energy Ltd, Company no. 05735009, of Pool Business Park, Dudnance Lane, Pool, Redruth, Cornwall, TR153QW have agreed with you that we will supply and install the system described in the purchase order (or ‘Order’).
2. Definitions
2.1. ‘we’, ‘us’, ‘our’ refers to Capture Energy Ltd
2.2. ‘you’, ‘your’, ‘the buyer; refers to the Signatories on the purchase order (or Order)
3. Our Responsibility
3.1. We will comply with all health and safety regulation when carrying out installation.
3.2. We will undertake installation in accordance with best practice guidelines
3.3. We will respect your property and operate our business in a proper manner.
3.4. Quotations are provided to you without cost. There is no obligation for you to complete a purchase order as a result of a quotation.
3.5. Where ‘cost-estimates’ are given, these will be clearly labelled as being different from a quotation.
3.6. Reasons beyond our control may require us to change the Order. If this causes an increase in cost, we will define (in writing) these costs and provide an explanation for additional costs. We will only continue to carry out work, ether previously agreed, or additional work, after receiving written confirmation from you.
4. Your Responsibility
4.1. You will allow us access, during normal working hours to undertake the agreed work described in the Order. This may be amended in accordance with paragraph 3.6.
4.2. In order that we may carry out the Order, you agree to cooperate with us regarding access to the premises, and other reasonable requests relating to the installation.
4.3. You will obtain all permission and consents, including, if necessary planning permission, building regulations, permission from landlords etc, which are required before work can commence. At our request you will provide us with copies of permissions so that our system design can comply with applicable regulations.
4.4. We will provide you with operational and maintenance guidance where appropriate. We will not take responsibility for any neglect on your part for insufficient care of goods resulting in system damage, failure or reduction in efficiency.
5. Financial Arrangements
5.1. The total price is stated in the Order, along with VAT and other applicable taxes that are payable.
5.2. The Order is confirmed when the deposit has cleared in our bank account.
5.3. You are responsible for paying the balance upon satisfactory completion of the Order.
5.4. Failure to pay any sum owed to us will result in interest being charged on the sum at a fixed rate of 5% above Barclays Bank plc base lending rate at the month in question; from the date money is due.
5.5. You will be responsible to pay fines associated with any of your payments which ‘bounce’.
6. Installation
6.1. We aim to complete installations within the time frame estimated. There may be times, however, when it is not possible for us to complete or undertake the work at the time, or by the time stated due to instances beyond our control. An example of this is adverse weather conditions. If this is the case we will propose alternative dates, aiming to complete the installation as soon as is reasonably possible.
6.2. Any part of the system we remove, at your request, we may not be able to remove it intact.
6.3. If we find upon installation that any part of your existing system is illegal, unsafe, damaged or unusable, we will inform you of this. This must be put right, at your cost.
6.4. We deem measurements provided by you the client to be accurate. If information given by the client is found to be inaccurate upon installation, you are liable for any increase in cost of the work as a result of your error.
7. Cancellation Rights
7.1. You can cancel your Purchase Order at any time before installation begins. Cancellation must occur in writing. You will, however, be liable for any costs that have occurred due to any items made, ordered or delivered to you or us.
7.2. If you cancel within 7 days a full refund of your deposit will be made.
7.3. Cancellation after 7 days will result in the loss of your deposit, and further costs incurred as detailed in 7.1.
7.4. We reserve the right to cancel installation at any time if installation can not take place due to technical reasons unknown at the time the Order was placed, or where we state a design, safety or other implication with which you do not agree. If we do so, all money paid to Capture Energy Ltd will be returned to the client.
8. Returns
8.1. A handling and restocking fee of 25% will be charged on goods that you return if they were ordered in error or are no longer required or desired by you. This fee will not be charged if goods are faulty or damaged or if it was our mistake.
9. Warranty
9.1. Equipment comes from a number of sources. The main system components come with manufacturers warranties, covering the requirements of the Supply of Goods and Services Act (1982). If you need to make a claim under warranty we will administer this process for you with the equipment supplier.
9.2. We warrant that the system we provide will comply with the Order.
9.3. All labour is covered by a 2 year warranty against system failure or breakdown, from the date of commission.
9.4. You, the client, must inform us as soon as you become aware of any malfunction or faults with your system. Failure to inform us of a known fault could invalidate your warranty.
10. Liability
10.1. If any part of the system, product or installation is damaged or defective it is your responsibility to inform us in writing immediately.
10.2. Our total liability is limited to the amount set out in the Order for the installation cost of the system. Potential claims exclude death or personal injury caused by our negligence)
10.3. We are not liable to you in any form, either direct or indirect, for any losses, either in profit, depletion of goodwill or otherwise.
10.4. Whilst we agree to administer warranty claims (9.1), we are not liable for any claims.
11. Ownership of Goods & Risk
11.1. Goods are owned by us until full payment has been received. Payment received is taken to be the point at which all money is cleared in our bank account.
11.2. Goods delivered to the site prior to installation are held at your risk.
11.3. If goods are delivered to the buyer, the buyer agrees to open and inspect the goods immediately. If goods are damaged, the buyer is to reject the goods. If you fail to do this, then you have accepted the goods and are liable for any replacement costs.
11.4. Once system is installed all goods are your risk.
12. Force Majeure
12.1. In the event that we are prevented from carrying out the Order for a result beyond our control such as, but not limited to, Acts of God, War, Strikes, Flood and Failure of third parties, we shall be relieved of our obligations and liabilities to carry out and complete the Order as long as we are prevented from doing so.
13. Complaints Procedure
13.1. If you have a complaint about our service, please contact us. We aim to resolve all complaints as quickly as possible. An inspection of your system will defiantly take place within 20 days of receiving your complaint.
13.2. Complaints will be kept confidential.
13.3. In the event that we do not come to an agreement with you regarding your complaint, please contact the REAL assurance scheme administrator, further details to be found at www.realassurance.org.uk.
14. General
14.1. All contracts and agreements operate under English law.
14.2. If any part of these terms and conditions is found to be illegal or unenforceable, then the remaining terms and conditions remain valid.
14.3. These terms and conditions do not affect your statuary rights. Further details on your legal rights can be found at www.consumerdirect.gov.uk.
14.4. We will not be held liable to you for any delay, loss or damaged caused to or suffered by you due to circumstances beyond our reasonable control. in relation to circumstances that continue for more than two months, either you or we may cancel the Order. Cancellation in this instance must occur in writing.
14.5. All designs, copyright and intellectual property rights of any nature produced by us as part of fulfilling the Order, are and remain property of us.
14.6. If we waive a breach by you in relation to any of these terms or conditions, all other terms and conditions are not affected. The waived item
14.7. If the price of a product or service changes between receipt of order and dispatch, we will notify you in writing, giving the opportunity to cancel the order and obtain a full refund.
14.8. If any act or proceedings begin in which your solvency is concerned, the full value of all work completed and goods ordered, or on order shall be immediately due and payable in full.
15. Contact
15.1. If you wish to cancel a contract or comment or complain about our service, please address all correspondence to Customer Services, Capture Energy Ltd, Pool Business Park, Dudnance Lane, Pool, Redruth, Cornwall,TR15 3QX, email customer.services@capture-energy.co.uk or by telephone on 01209 716 861