Terms and Conditions of Sale

Background

Please read these Terms of Sale carefully before placing an Order with Us. These Terms of Sale, together with any other documents referred to in them, set out the terms on which Goods are sold by Us through www.energian.co.uk (Our Site).

These Terms of Sale explain who We are, how We will supply the Goods, how you or We may change, cancel or otherwise end the Contract, what to do if there is a problem, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to them, you will not be able to order Goods through Our Site. These Terms of Sale and all Contracts are in the English language.

The following documents may also apply:

Our Website Terms of Use, available at www.energian.co.uk, apply to your use of Our Site.
Our Privacy Policy, available at www.energian.co.uk, explains how We use your personal information and is referred to in Part 22.
Our Acceptable Use Policy, available at www.energian.co.uk, applies when you use Our Site and Our contact tools.
Our Refund Policy, available at www.energian.co.uk/policies/refund-policy, is incorporated into these Terms of Sale. If there is any conflict, these Terms of Sale take priority.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context requires otherwise:

Contract: means a contract between you and Us for the purchase and sale of Goods, formed as explained in Part 10;
Dispatch Confirmation: means Our email confirming that We have accepted your Order and that the Goods have been or are being dispatched;
Goods: means the goods sold by Us through Our Site;
Order: means your order for Goods;
Order Acknowledgement: means Our acknowledgement that We have received your Order, which is not acceptance of your Order;
Order Number: means the reference number for your Order; and
We, Us or Our: means Flex Technologies Limited trading as Energian.

1.2 Unless the context requires otherwise, each reference in these Terms of Sale to:

writing or written includes email and other comparable electronic communications;
a statute or a provision of a statute is a reference to it as amended or re-enacted from time to time; and
a Part, clause or paragraph is a reference to a part, clause or paragraph of these Terms of Sale.

2. Information About Us

2.1 Our Site is operated by Flex Technologies Limited, trading as Energian. We are a company registered in England and Wales under company number 07746432. Our registered office is Tannery Lane, Bramley, Guildford, England GU5 0AJ.

2.2 Our VAT number is 128049124.

3. How to Contact Us

3.1 You can contact Us:

by email at info@energian.co.uk;
by telephone on +44 (0)20 8064 0335;
by post at Flex Technologies Limited trading as Energian, Tannery Lane (within the UK Sitehoarding site), Gosden Close, Guildford GU5 0AJ; or
through the live chat or contact form on Our Site.

3.2 Use of Our live chat and contact form is subject to Our Website Terms of Use and Acceptable Use Policy.

4. Access to and Use of Our Site

4.1 Access to Our Site is free of charge.

4.2 You are responsible for making the arrangements necessary to access Our Site.

4.3 Use of Our Site is subject to Our Website Terms of Use. Please read those terms carefully.

5. Changes to these Terms of Sale

5.1 We may change these Terms of Sale from time to time, including to reflect changes in law, regulatory requirements or Our business practices. The version in force when the Contract is formed will apply to that Contract.

5.2 A change made after the Contract is formed will apply to that Contract only if the change is required by law or you and We expressly agree to it. No change will reduce any rights or remedies that cannot lawfully be reduced.

5.3 If any part of the current version of these Terms of Sale conflicts with an earlier version, the current version applies to Orders placed after it takes effect, unless We expressly state otherwise.

6. Business Customers

6.1 This Part 6 applies where you purchase Goods wholly or mainly for purposes relating to your trade, business, craft or profession. The consumer provisions in these Terms of Sale do not apply to a business customer unless We expressly state otherwise.

Change-of-mind cancellations and returns

6.2 Business customers do not have a statutory cooling-off right. Once a Contract has been formed, an Order may be cancelled or Goods returned for reasons other than fault only with Our prior written agreement.

6.3 Where We agree to a cancellation or return, We may require the Goods to be unused, uninstalled, complete, in a resaleable condition and in their original undamaged packaging, with all accessories, manuals, seals and security markings intact. You will be responsible for the cost and risk of returning the Goods.

6.4 We may charge a cancellation or restocking charge of up to 15% of the price of the affected Goods to reflect Our reasonable administration, handling, inspection, testing, repacking and loss in value. We will tell you the applicable charge before authorising the cancellation or return. This clause does not apply where the Goods do not conform to the Contract.

Faulty or non-conforming Goods

6.5 Nothing in these Terms excludes or restricts any right, remedy or liability that cannot lawfully be excluded or restricted. Goods sold to business customers are subject to the terms implied by the Sale of Goods Act 1979, except to the extent that a lawful and reasonable restriction is expressly set out in these Terms of Sale.

6.6 You must notify Us promptly after discovering an alleged defect or non-conformity, provide reasonable information and evidence about the problem, and give Us a reasonable opportunity to inspect and test the Goods.

6.7 Opening, installing, commissioning, testing or reasonably using Goods to examine them or discover a defect will not by itself invalidate a claim. However, a right to reject may be lost if you have accepted the Goods within the meaning of the Sale of Goods Act 1979.

6.8 Where you are legally entitled to reject Goods, We will refund the price paid and bear the reasonable cost of returning them. Where you are not entitled to reject them, your remedies will be those available under the Contract and applicable law, which may include repair, replacement or damages.

6.9 We are not responsible for defects or damage caused by incorrect installation, misuse, negligent handling, unauthorised modification, failure to follow instructions, an incompatible third-party product, external causes or normal wear and tear. To the extent permitted by law, We may deduct or recover any proven loss caused by damage for which you are responsible.

6.10 Part 8 applies where an inverter or battery supplied by Us is used with a battery or inverter supplied by you or by a third party.

6.11 Nothing in these Terms limits or excludes liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

7. Goods, Descriptions and Changes

7.1 We make reasonable efforts to ensure that descriptions and images of Goods on Our Site are accurate. However:

images are for illustrative purposes only, and there may be slight colour variations caused by displays, devices or lighting; and
images and descriptions of packaging are illustrative, and actual packaging may vary.

7.2 Clause 7.1 does not exclude Our responsibility for mistakes caused by Our negligence. It applies only to minor variations in the correct Goods, not to the supply of different Goods. If Goods are not as described, please refer to Part 14.

7.3 Minor changes may be made to Goods between your Order and dispatch to:

reflect changes in relevant laws or regulatory requirements; or
address a technical, safety or security issue.

7.4 A minor change will not materially alter the main characteristics of the Goods or materially affect their intended use. If a proposed change would do so, We will contact you and you may cancel the affected Goods for a full refund.

8. Compatibility with Customer or Third-Party Inverters and Batteries

8.1 This Part applies where:

We supply an inverter that you intend to connect to a battery supplied by you or by a third party; or
We supply a battery that you intend to connect to an inverter supplied by you or by a third party.

8.2 Unless We expressly confirm compatibility in writing before the Contract is formed, We do not select or control the customer-supplied or third-party product and do not represent or warrant that it is compatible with the Goods supplied by Us. You are responsible for checking compatibility before ordering, installation, connection or commissioning and for ensuring that the complete system is designed, installed and commissioned by a suitably competent person in accordance with the manufacturers' instructions and applicable requirements.

8.3 For the purposes of these Terms, a battery and inverter combination is treated as officially compatible only where the exact makes and models, and any relevant battery management system, firmware, quantity and configuration requirements, appear on the then-current official compatibility list published by the relevant inverter or battery manufacturer, or the relevant manufacturer has approved the exact combination in writing. A statement by a reseller, installer, forum user or other third party is not an official compatibility approval.

8.4 If both the battery and inverter do not appear as an approved combination on the relevant manufacturer's official compatibility list, and the manufacturer has not approved the exact combination in writing, the combination is unverified and is used entirely at your risk. To the fullest extent permitted by law, We exclude all liability, whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise, for any loss, damage, cost, expense, fault, reduced performance or other issue caused by or arising from incompatibility between the battery and inverter.

8.5 The exclusion in clause 8.4 includes, to the fullest extent permitted by law, liability for communication failures, inability or reduced ability to charge or discharge, restricted operating modes or settings, incorrect state-of-charge information, alarms, shutdowns, repeated faults, damage to either product or other equipment, loss of energy or generation, loss or restriction of a manufacturer's warranty, and the cost of diagnosis, attendance, reconfiguration, removal, replacement or reinstallation.

8.6 Clauses 8.4 and 8.5 do not exclude or restrict:

liability for death or personal injury caused by Our negligence;
liability for fraud or fraudulent misrepresentation;
any statutory right or liability that cannot lawfully be excluded or restricted;
Our liability where We expressly confirmed in writing before the Contract was formed that the exact battery and inverter combination, including any relevant firmware and configuration, was compatible and you reasonably relied on that confirmation; or
your rights in relation to an independent defect or non-conformity in Goods supplied by Us which is not caused by, and does not arise from, the customer-supplied or third-party product or the way in which the products were combined.

8.7 If a compatibility issue is alleged, you must provide reasonable information about the exact products, firmware, configuration, installation and fault, and give Us a reasonable opportunity to test the Goods supplied by Us separately from the customer-supplied or third-party product. This does not reduce any consumer right that cannot lawfully be reduced.

9. Pricing

9.1 We make reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time, but a change will not affect a Contract already formed, except that a change in VAT will be dealt with under clause 9.2.

9.2 Prices on Our Site include VAT unless stated otherwise. If the VAT rate changes between your Order being placed and Us taking payment, We will adjust the VAT payable as required by law. If you have already paid in full before the VAT change takes effect, no adjustment will be made unless required by law.

9.3 We check prices before accepting Orders. If We have shown an incorrect price, or a discount code has produced an incorrect price, We will tell you in writing before accepting the affected part of the Order.

9.4 If the correct price is lower than the price shown when you placed your Order, We will charge the lower price.

9.5 If the correct price is higher, We will offer you the choice of purchasing the Goods at the correct price or cancelling the affected part of the Order. We will not process the affected part until you respond. If you do not respond within 5 working days, We will treat it as cancelled and notify you in writing.

9.6 Any price-match offer is discretionary and does not create a continuing legal obligation. We will confirm any price match with you before accepting or declining your Order.

9.7 Delivery charges, if any, will be shown before you place an online Order or quoted for an Order placed by telephone or another method. Rigid and semi-flexible solar panels and other heavy or bulky Goods may be delivered by pallet courier. If the delivery address is on an outlying island or in a remote location, including the Scottish Highlands or Northern Ireland, a delivery charge or free-delivery indication at checkout may be an estimate. We will confirm any increased charge before the Contract is formed or before the affected Goods are dispatched. If you do not accept the increased charge, you may cancel the affected Goods and receive a full refund.

10. Orders and How Contracts Are Formed

10.1 Our Site will guide you through the ordering process. Before submitting your Order, you will have an opportunity to review and amend it. Please check your Order carefully.

10.2 If you provide incorrect or incomplete information, contact Us as soon as possible. If We cannot process the Order without further information, We will ask you to correct or provide it.

10.3 If you do not provide required information within a reasonable period, or if information supplied is materially inaccurate or incomplete, We may end the Contract or charge a reasonable sum for extra work caused by that failure. We will not be responsible for delay or non-supply caused by your failure to provide required information within a reasonable period.

10.4 Our Site and product listings do not constitute a contractual offer capable of acceptance. Your Order is an offer to buy the Goods.

10.5 After receiving your Order, We will send an Order Acknowledgement showing the items ordered, delivery address and any delivery charges. The Order Acknowledgement confirms the information supplied and does not mean that We have accepted your Order.

10.6 We accept your Order by sending a Dispatch Confirmation. A legally binding Contract is formed only when We send the Dispatch Confirmation, and only for the Goods identified in it.

10.7 A Dispatch Confirmation will include or identify:

your Order Number;
the Goods accepted and their main characteristics;
itemised pricing, including applicable taxes, delivery charges and other charges; and
the estimated delivery date or dates.

10.8 Please quote your Order Number when contacting Us about an Order. This is not mandatory but will help Us locate it.

10.9 If We cannot accept your Order, We will tell you in writing and explain why. This may be because Goods are out of stock, unexpected limits on Our resources, an error in a description, price or delivery cost, or an inability to meet a required delivery deadline. We will not take payment under normal circumstances. If payment has been taken, We will refund it.

11. Payment

11.1 Payment for Goods and related delivery charges must be made in advance. You will be prompted to provide payment details during the ordering process.

11.2 We will not charge your chosen payment method until We dispatch the Goods, although your payment provider may place an authorisation hold before then.

11.3 We accept bank transfer, credit and debit cards, PayPal, Klarna, cash, and any other payment method displayed at checkout or stated on your invoice. Only some payment methods may be available for a particular Order.

11.4 We may decline an Order at Our discretion, subject to applicable law, and are not obliged to provide a reason.

12. When You Own the Goods

12.1 Ownership of the Goods passes to you when We have received payment in full of all sums due for them. This applies to business customers and consumers.

13. Delivery

13.1 Goods purchased through Our Site will normally be delivered within 30 calendar days after the Contract is formed, unless another delivery period is agreed or specified during the ordering process.

13.2 We are not responsible for delays outside Our reasonable control. If delivery is delayed for that reason, We will inform you as soon as reasonably possible and take reasonable steps to minimise the effect of the delay.

13.3 If there is a risk of a substantial delay, you may contact Us to end the Contract for affected Goods and receive a refund of sums paid for Goods not received.

13.4 If you collect Goods from Us, collection is available during the business hours stated on Our Site or as otherwise agreed.

13.5 If nobody is available at the delivery address, the Goods cannot be posted through the letterbox, or the address is not reasonably accessible by the vehicle required for delivery, We or the carrier will tell you how to arrange redelivery or collection.

13.6 If you do not arrange redelivery or collection, We will contact you for further instructions. We may charge reasonable storage and redelivery costs. If, despite reasonable efforts, We cannot contact you or arrange delivery or collection, We may end the Contract and refund sums paid, less a reasonable amount for net costs caused by the failure, to the extent permitted by law.

13.7 If We do not deliver within the agreed time, you may treat the Contract as ended immediately where:

We have refused to deliver;
delivery by the agreed time was essential in light of all relevant circumstances; or
you told Us before We accepted your Order that delivery by the agreed time was essential.

13.8 If clause 13.7 does not apply, you may set a further reasonable delivery deadline. If We do not meet it, you may treat the Contract as ended.

13.9 You may cancel all or part of an Order under clauses 13.7 or 13.8, provided that separating the Goods would not significantly reduce their value. We will refund sums paid for cancelled Goods and their delivery.

13.10 If cancelled Goods are delivered, you must return them or allow Us to collect them. We will bear the reasonable return or collection cost. Contact Us using the details in Part 3.

13.11 Responsibility for the Goods passes to you when We or Our carrier delivers them to the address you supplied, or when you or a carrier organised by you collects them from Us. Where you arrange a carrier that We did not offer as an option, risk passes when We deliver the Goods to that carrier.

13.12 Ownership is dealt with separately in Part 12.

14. Faulty, Damaged or Incorrect Goods

14.1 This Part summarises a consumer's legal rights. Those rights may be subject to exceptions. Further information is available from Citizens Advice or on 0808 223 1133. Nothing in these Terms of Sale affects rights that cannot lawfully be excluded. Business customers should refer to Part 6.

14.2 Under the Consumer Rights Act 2015, Goods must be as described, fit for purpose and of satisfactory quality. The main remedies include:

Short-term right to reject. Starting on the day after you receive the Goods, you normally have 30 calendar days to reject Goods that do not conform and receive a refund. We may request reasonable written or photographic evidence of the alleged non-conformity.
Repair or replacement. If you do not exercise the short-term right to reject, or it has expired, you may request repair or replacement. We will bear the necessary cost and act within a reasonable time and without significant inconvenience. If your request is impossible or disproportionate compared with the alternative remedy, We may provide the alternative remedy where the law permits.
Suspension of the rejection period. If you request repair or replacement during the 30-day rejection period, the period is paused while you wait. It resumes when you receive the repaired or replacement Goods and will not end sooner than 7 calendar days after that date.
Price reduction or final right to reject. If, after one repair or replacement, the Goods still do not conform, or repair or replacement is impossible or has not been provided within a reasonable time and without significant inconvenience, you may have the right to a price reduction or the final right to reject.
Deduction for use. Where the final right to reject is exercised more than six months after delivery, We may reduce the refund to reflect use of the Goods where the law permits.

14.3 A legal claim in England and Wales generally must be brought within six years of the breach of contract. This is a limitation period for bringing a claim, not a guarantee that every product will last for six years. After the first six months, you may have to prove that the fault or non-conformity existed when the Goods were delivered.

14.4 You will not be entitled to a remedy to the extent that:

We informed you of the relevant issue before purchase, or you examined the Goods before purchase and the issue should have been apparent;
you caused the problem through misuse, intentional or careless damage, incorrect installation, failure to follow instructions or applicable installation and safety requirements, or use with an incompatible product;
you used the Goods for a purpose that was neither obvious nor made known to Us before the Contract was formed, and the problem resulted from that use;
the issue is normal wear and tear; or
you have simply changed your mind, in which case Part 16 applies.

14.5 Where an alleged issue concerns use of an inverter or battery supplied by Us with a battery or inverter supplied by you or a third party, Part 8 also applies. Part 8 does not remove your rights in relation to an independent defect or non-conformity in Goods supplied by Us.

14.6 If there is a problem with Goods, contact Us using the details in Part 3.

14.7 If you exercise a legal right to reject Goods, you must return them to Us or make them available for collection. We will bear the reasonable cost of return or collection where required by law.

15. Your Rights to Cancel and End the Contract

15.1 If Goods are faulty or misdescribed, you may have a legal right to end the Contract, have the Goods repaired or replaced, or receive a full or partial refund. Part 14 gives further information.

15.2 If you are a consumer and change your mind, you may have a statutory cooling-off right under Part 16. That right applies to qualifying distance and off-premises contracts and does not apply to an on-premises sale, including a sale completed at a trade show or at Our premises.

15.3 If you wish to end the Contract because of something We have done or are going to do, Part 17 applies.

16. Cancelling the Contract if You Change Your Mind

16.1 If you are a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you the right to cancel a qualifying distance or off-premises Contract without giving a reason. You may cancel from the date the Contract is formed until the applicable cancellation period expires:

for Goods delivered in one instalment, the period ends 14 calendar days after the day on which you or a person nominated by you receives the Goods;
for multiple Goods ordered together and delivered on different days, the period ends 14 calendar days after the day on which you or a person nominated by you receives the last of the Goods; and
for Goods delivered in instalments on different days, the period ends 14 calendar days after the day on which you or a person nominated by you receives the final instalment.

16.2 You may also withdraw your Order before the Contract is formed.

16.3 To cancel, you must make a clear statement to Us within the cancellation period. You may contact Us by email, post or telephone using the details in Part 3. Please provide your name, address, Order details and, where possible, your email address and telephone number. A model cancellation form is available on request, but you do not have to use it.

16.4 A cancellation notice is effective when sent. It will be in time if sent by 23:59:59 on the final day of the cancellation period.

16.5 The cooling-off right does not apply, or may cease to apply, in circumstances including:

sealed Goods that are not suitable for return for health protection or hygiene reasons, once unsealed after delivery;
sealed audio or video recordings or sealed computer software, once unsealed after delivery;
Goods liable to deteriorate or expire rapidly;
Goods made to your specifications or clearly personalised; and
Goods inseparably mixed with other items after delivery.

17. Cancelling Because of Something We Have Done or Will Do

17.1 You may have the right to end the Contract where:

We have told you about a proposed change to the Contract which requires your agreement and you do not agree to it;
We have told you about a material change to the Goods under clause 7.4 and you do not agree to it;
We have told you about an error in the price or description and you do not wish to proceed;
there is a risk of substantial delay due to events outside Our control under clause 13.3; or
you have a legal right to end the Contract because We have done something wrong, including where clauses 13.7 or 13.8 apply.

17.2 If you end the Contract under clause 17.1, it will end immediately for the affected Goods and We will refund sums paid for Goods not supplied, and any further sums required by law.

17.3 To end the Contract, make a clear statement to Us by email, post or telephone using the details in Part 3. Please provide your name, address, Order details and, where possible, your email address and telephone number.

18. Returning Goods After Cancellation

18.1 Subject to any right to cancel part of an Order under clause 13.9, if you end the Contract after Goods have been dispatched or delivered, you must return the affected Goods or make them available for collection. Contact Us using the details in Part 3 before returning Goods.

18.2 If you exercise the consumer cooling-off right in Part 16, you must send the Goods back no later than 14 calendar days after the day on which you informed Us of the cancellation, unless We have offered to collect them.

18.3 Goods may be returned in person during Our business hours of 09:00 to 17:00 on a working day in the United Kingdom to Flex Technologies Limited, Tannery Lane, Gosden Close, Guildford GU5 0AJ, subject to contacting Us first.

18.4 We will bear the reasonable direct cost of return or collection where:

the Goods are faulty, damaged on delivery, misdescribed or otherwise do not conform to the Contract;
you are ending the Contract because of a change, pricing or description error, substantial delay, or other breach by Us under Part 17; or
the law otherwise requires Us to bear that cost.

18.5 If you cancel under the cooling-off right in Part 16, you are responsible for the direct cost of returning the Goods unless We agreed to bear that cost or failed to tell you before the Contract was formed that you would have to pay it.

18.6 In any other case where you are responsible for return costs and We agree to collect the Goods, We will charge no more than the direct cost of collection.

19. Refunds

19.1 Refunds will be made using the same payment method used for the original transaction unless you expressly agree otherwise.

19.2 Where a consumer cancels under Part 16, We will refund the price paid for the Goods and the cost of Our least expensive standard delivery method. If you selected a more expensive delivery method, We do not have to refund the additional cost.

19.3 We may reduce a change-of-mind refund to reflect a reduction in value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This may include installation or attempted installation, scratches, scuffs, cracks, missing or damaged original packaging, broken security seals, or missing or damaged accessories or components. If We refund before inspection and later discover such handling, We may recover an appropriate amount from you.

19.4 Where you cancel under Part 16, We will make the refund without undue delay and no later than 14 calendar days after:

the day We receive the returned Goods;
if earlier, the day you provide evidence that you sent the Goods back; or
if no Goods were supplied or We offered to collect them, the day We are informed of your decision to cancel.

19.5 Refunds due for faulty or non-conforming Goods will be made within the period required by applicable law.

20. Our Liability to Consumers

20.1 We are responsible for foreseeable loss or damage caused by Our breach of these Terms of Sale or Our failure to use reasonable care and skill. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if you and We knew it might happen when the Contract was formed.

20.2 We supply Goods to consumers for domestic and private use. If you use Goods for a commercial, business, industrial or resale purpose, We are not liable under this consumer Part for loss of profit, loss of business, business interruption or loss of business opportunity. Part 6 applies where you contract as a business customer.

20.3 Our responsibility for compatibility between an inverter and battery is subject to Part 8. In particular, We are not responsible for loss caused by incompatibility with a customer-supplied or third-party product where the exact combination is not on the relevant manufacturer's official compatibility list or approved by the manufacturer in writing, except to the extent that liability cannot lawfully be excluded or clause 8.6 otherwise applies.

20.4 Nothing in these Terms excludes or limits liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

20.5 Nothing in these Terms excludes or limits your statutory rights as a consumer, including the rights summarised in Part 14.

21. Complaints and Feedback

21.1 We welcome feedback and want to hear from you if you have a complaint.

21.2 Complaints are handled in accordance with Our complaints policy, available at www.energian.co.uk/pages/complaints-policy.

21.3 To make a complaint or query any aspect of your dealings with Us, use the contact details in Part 3.

22. How We Use Your Personal Information

22.1 We will use your personal information only as set out in Our Privacy Policy, available at www.energian.co.uk.

23. Transfer of the Contract

23.1 We may transfer Our rights and obligations under these Terms of Sale and the Contract to another organisation, for example if We sell Our business. We will tell you in writing if this happens and will ensure that the transfer does not reduce your rights under the Contract.

23.2 You may transfer your rights or obligations under the Contract only with Our prior written consent, except where applicable law gives you a right to transfer them without consent.

24. Roof and Structural Suitability

24.1 Unless expressly included in Our written scope of supply, We do not undertake a structural survey, structural engineering assessment or verification of the load-bearing capacity of your roof, building or supporting structure.

24.2 Quotations, system designs, layouts, mounting schedules and bills of materials are prepared on the assumption that the existing structure is suitable for the proposed equipment and associated loads, unless you have informed Us otherwise in writing and We have expressly agreed to assess that issue.

24.3 You are responsible for ensuring that the property, roof and supporting structure are suitable for the proposed installation and for obtaining any structural assessment, approval or professional advice required before installation.

24.4 Before ordering, you must tell Us about any known structural defect, load restriction, deterioration, unusual construction, previous structural concern or other circumstance that may affect suitability.

24.5 Equipment weights, mounting loads, ballast requirements and similar design information are provided to assist you, the installer or a relevant professional in assessing suitability. They are not structural certification or approval.

24.6 Nothing in this Part excludes or limits liability that cannot lawfully be excluded or limited.

25. Other Important Terms

25.1 The Contract is between you and Us. It is not intended to give any third party a right to enforce any provision under the Contracts (Rights of Third Parties) Act 1999.

25.2 If a provision of these Terms is found to be unlawful, invalid or unenforceable, it will be treated as severed to that extent. The remaining provisions will continue in force.

25.3 A failure or delay by Us in exercising a right does not waive that right. A waiver of one breach does not waive any later breach.

25.4 Goods must be installed, commissioned and used by appropriately competent persons and in accordance with all applicable legislation, regulations, standards, manufacturer instructions and safety guidance.

25.5 For electrical installations, relevant requirements may include BS 7671, Requirements for Electrical Installations, and PAS 63100:2024, Electrical installations - Protection against fire of battery energy storage systems for use in dwellings - Specification. PAS 63100:2024 is a technical specification and is not itself an Act of Parliament or statutory instrument, although compliance may be required by BS 7671, another applicable rule, a competent person's scheme, an insurer, a network operator or a contractual requirement. If you are unsure, consult a suitably qualified electrical professional.

25.6 For electrical installations in caravans, motor caravans and similar leisure accommodation vehicles, the installer must follow the applicable requirements of BS 7671, including Section 721 where applicable, together with any other applicable standards and manufacturer instructions.

25.7 Rigid solar panels and mounting systems must be installed in accordance with applicable structural and safety requirements, which may include:

Building Regulations Part A or the applicable equivalent;
BS EN 1991-1-4 and the UK National Annex;
PD 6688-1-4, BRE and relevant industry guidance; and
the mounting-system manufacturer's instructions and design calculator.

26. Law and Jurisdiction

26.1 These Terms of Sale, the Contract and the relationship between you and Us, whether contractual or otherwise, are governed by English law.

26.2 If you are a consumer, you retain the benefit of any mandatory protections given to you by the law of the country in which you reside. Clause 26.1 does not reduce those rights.

26.3 If you are a consumer resident in the United Kingdom, proceedings may be brought in the courts of the part of the United Kingdom in which you reside or in any other court with jurisdiction. If you reside outside the United Kingdom, you and We may bring proceedings in any court that has jurisdiction under applicable law.

26.4 If you are a business customer, the courts of England and Wales have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Sale, the Contract or the relationship between you and Us.