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Terms
Please contact Solar Ray Ltd for a copy of our terms and conditions or read below
TERMS & CONDITIONS OF CONTRACT
1 DEFINITIONS
Solar Ray means Solar Ray Ltd Registered Office 2nd Floor 43 Broomfield Road, Chelmsford, CM11SY Reg no 05559751 Vat no 869 2837 66
The Contract: means the offer for the supply of goods and/or services by Solar Ray in the form of a Quotation and by the acceptance of the Quotation the Client agrees to these terms and conditions.
The Quotation: means the price offer from Solar Ray to the Client acceptance of which and any payment of deposit or part payment from the client confirms the Contract
The Services: means the Services to be provided by Solar Ray either directly or through others in order to satisfy the contract
The Goods: means the Goods to be provided by Solar Ray either directly or through others in order to satisfy the contract
The Client: means the person stated inSolar Ray quotation.
The Specification: means the specifications, performance details or description of any goods and/or services, as required for the contract or as subsequently varied by way of agreement between Solar Ray and the Client.
Every Quotation or any variation subsequent to the initial Quotation will be subject to these Terms & Conditions. These Terms and Conditions will prevail over any conditions of purchase of the Client unless otherwise accepted in writing by Solar Ray. No variation shall be valid unless committed to writing and signed by both parties. Placing an order signifies your acceptance of these Terms and Conditions.
2 PERIOD OF ACCEPTANCE
2.1 The Quotation is open for acceptance by the Client for 30 days from the date of the Quotation.
2.2 Acceptance of the Quotation by the Client by payment of deposit or part payment constitutes an acceptance of the offer in the Quotation and these Terms and Conditions of Contract.
3 SERVICES
3.1 The Quotation is based upon information supplied by the Client to Solar Ray. In the event that information is found to be inadequate Solar Ray will not accept liability and the Client will reimburse Solar Ray for any extra costs as necessary.
3.2 The obtaining of any necessary licences, permits, planning or other consents, or approvals necessary to enable Solar Ray to provide the Services to the Client will be the responsibility of the Client..
3.3 Solar Ray reserves the right to change specifications and equipment with models of a similar performance.
4 PRICE
4.1 The Quotation is based upon taxes and exchange rates payable at the date of the Quotation and is valid for 30 days. If changes occur after the date of the Quotation, then the price shall be adjusted accordingly.
4.2 If Solar Ray is delayed, or has work disrupted by the Client or others, then the additional costs of such delay or disruption will be added to the price for the provision of Services.
4.3 If CDM regulations apply then further costs will be added
5 PAYMENT
5.1 Payments shall be made by the Client to Solar Ray in accordance with the stage payments set out in the Quotation.
5.2 The Client shall pay Solar Ray further invoiced sums within seven days of receipt of an invoice. Interest will be payable at the rate of 2% per cent per month above the Nat West Bank base rate on all overdue payments. Interest charges will be rounded up to the nearest month
5.3 Should The Client wish to cancel an order and receive a full refund, notice must be received by Solar Ray within 10 days of the order (“cooling off”).. All cancellations must be made in writing to Solar Ray.
5.4 The Client will be responsible for any costs incurred to Solar Ray in failed payments - for example cheques returned either unpaid or stopped. Any costs incurred by Solar Ray in recovering these debts will be the responsibility of the Client. Solar Ray reserves the right to withhold delivery of any goods purchased by the Client until such costs have been paid.
5.5 The Clientshall be responsible for any grant applications.
6 TITLE AND OWNERSHIP
6.1 Risk in any goods delivered as part of the Services shall pass to the Client on the date of delivery of such goods to the site or other agreed delivery point.
6.2 Notwithstanding delivery and passing of risk in the goods, ownership in the goods shall not pass to the Client until TGC has received payment in full.
6.3 Until title passes, the Client shall hold any goods supplied under this contract for Solar Ray and shall mark them so that they can at all times be identified as being in the ownership of Solar Ray.
6.4 Solar Ray reserves the right to collect, dismantle and/or remove goods and services whether installed or not and to arrange its return in the event of non-payment. Solar Ray will not be responsible for any losses incurred by the customer by Solar Ray exercising this right. In the event of non-payment or returned payment, any costs incurred by Solar Ray in recovering its property will be the responsibility of the Client. Solar Ray reserves the right to take all necessary steps to recover equipment that has not been paid for. The customer grants Solar Ray access to repossess any equipment not paid for in full.
7 WARRANTY
7.1 Solar Ray warrants that the Services will be supplied in accordance with any agreed specification and will be free from defects in workmanship for a period of six months from the date of completion of installation. The Client must advise Solar Ray in writing of any breach of this warranty within fourteen days of discovering such breach and confirm that it wishes to make a warranty claim for rectification of the defect.
7.2 Any manufacturers warranty claim for goods or equipment will be forwarded to the relevant manufacturer and will be a matter between the client and that manufacturer
7.3 In the event of a valid warranty claim by the Client within six months of installation, Solar Ray shall be entitled at its discretion either to repair or replace the defective part of the service or goods and to charge labour and travel costs for doing so.
7.4 Solar Ray shall have no liability to the Client in particular in respect of consequential loss.
7.5 A valid warranty claim excludes wear and tear, accidental or malicious damage or damage due to misuse including disconnection during operation, damage caused by exposure to high winds, or gusts exceeding the maximum design speed , modification without prior written notification, use of inappropriate fuels, or failure to maintain adequate antifreeze solutions within solar thermal equipment
7.6 It is the Client's responsibility to ensure that goods are thoroughly checked for damage before signing 'received in good condition'. Failure to do so will invalidate any Warranty. Solar Ray will not be held responsible for damage where a signature has been received by the courier on delivery indicating that the goods were received in good condition. Solar Ray requires that in the event of shipping damage, the customer must retain all packaging and goods for inspection by Solar Ray and/or the courier. Failure to do so will invalidate any Warranty. Damaged goods must be returned to Solar Ray at the customer's expense if they are to be replaced. No replacement or refund will be granted prior to the outcome of the courier's investigation, and will be dependant on a successful outcome.
7.7 The client will be required to maintain the goods or installation and will have to carry out periodic repairs on them.
7.8 Solar Ray does not and cannot guarantee the energy output from the Goods and Services as this is dependent on local weather conditions outside its control. Any figures quoted are the output of models and are intended as indicative guides only. For accurate figures it is vital that you carry out your own local weather research and forecasts for sunlight strength, wind speeds or precise type of fuel to be supplied
7.9 Solar Ray can not be held responsible for security of supply of fuels for goods installed, it is the responsibility of the client to research and decide on fuel sources
8 INDEMNITY AND INSURANCE
8.1 Solar Ray will maintain an appropriate level of insurance to meet its legal liability for injury to its own personnel, injury to third parties or damage caused to the property of others in the course of work under the services to be provided.
9 LIABILITY OF SOLAR RAY
9.1 Solar Ray shall not be liable for any direct, indirect or consequential losses arising from the provision of the Goods or Services, including without limitation any delays, loss of use or loss of profits. Solar Ray cannot, and will not, be held responsible for any losses, damage to persons or property, injury to persons or animals, or any consequential losses occurring from the use of our Goods or Services. Our Goods should be considered as engineering plant, and as such, should be treated with extreme care and respect when constructing, maintaining and operating them. The Goods contain parts which are sharp, flexible, breakable, and can cause serious personal injury. The power or heat generated from our Goods can inflict electric shock, burning and serious personal injury, and as such you should treat all electrical parts as potentially lethal, as you would with ‘mains’ electricity found in your house/work. In particular all solar panels should be handled with extreme caution as if left in open daylight the tips can quickly reach high temperatures capable of burning. Children should not be allowed to ‘play’ with these Goods, since serious personal injury and even death could occur. Some parts are heavy, and are mounted on roofs or high in the air where they pose the potential of becoming a falling hazard. Every effort should be made to maintain a safe area around the Goods free from people oranimals.
9.2 Our Goods should never be run without a load connected or system fully primed ready for operation. This could result in the Goods breaking, electrocution, burning, personal injury and even death and will invalidate the Warranty. Our Goods require a ‘load’ to be present or primed to operate within their safe limitations, and the importance of this cannot be overstressed.
9.3 The liability of Solar Ray shall be limited to the re-performance of the Services, in so far as it is possible, to the extent necessary to remedy any material performance deficiencies provided that the Client gives written notice of the deficiencies as provided in clause 7.1 above.
9.4 Solar Ray accepts no liability for any effect that drilling, grouting, mounting, trenching or other works may have on roofs, foundations, services or structures, and the Client should arrange for his other consultants to advise on the potential impact of such works and approve the position and construction of such works.
9.5 If Solar Ray shall be reliant upon information provided by the Client and/or their consultants no liability is accepted by Solar Ray for the adequacy or correctness of such information.
9.6 If Solar Ray is acting as agent for other contractors or suppliers of goods and/or services no liability is accepted by Solar Ray for the adequacy fitness or correctness of such goods, services or information supplied.
9.7 In the event that basic design information is not provided by the Client and Solar Ray derives its own figures for the purposes of providing a Quotation, then the Client shall be responsible for approval of such figures prior to the production of any specification or any subsequent variation.
10 FACILITIES TO BE SUPPLIED ON SITE TO SOLAR RAY
10.1 Where the performance of the Services includes installation or commissioning of equipment at a site, the following services shall be provided to Solar Ray free of charge as required:-
i Off loading, dry storage and protection of equipment and materials.
ii Movement of equipment and materials from storage to location of installation.
iii Protection of partially complete and complete installations.
iv Free and adequate water supply adjacent to the point of use.
v Free and adequate temporary electrical power and lighting at point of use.
vi Washing and toilet facilities.
vii Electrical and plumbing connections and the work of other trades including necessary attendance during commissioning.
11 GENERAL
11.1 Solar Ray shall not be liable for any failure in the performance of any of its obligations under these terms and conditions caused by factors outside its control.
11.2 All material supplied by Solar Ray, be it in electronic or paper form, including website information and pictures is copyright either to Solar Ray, its suppliers, agents or other parties. No reproduction of any of this information, for reward or otherwise is allowed without the prior written consent issued by Solar Ray
11.3 All disputes shall be governed by English law.
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