Terms and Conditions
E.ON Next Affordability Scheme Supply and Installation Terms and Conditions.
1. These Terms and Conditions
These Supply and Installation Terms and Conditions supplement the Scheme Terms and form part of Your Agreement under the E.ON Next Affordability Scheme as defined in clause 2 of the Scheme Terms.
All definitions which have been given a meaning to them in the Scheme Terms will have the same meaning in the Supply and Installation Terms and Conditions unless specified otherwise in the Supply and Installation Terms and Conditions.
The Supply and Installation Terms and Conditions do not apply to white goods delivered under the Scheme.
2. The Installation – what We will and won’t do
2.1. We will deliver solution(s) and Installation in accordance with the Scheme Terms and Supply and Installation Terms and Conditions.
2.2. Our responsibilities during the Installation:
(a) We will observe all health and safety regulations;
(b) We will use reasonable care and skill;
(c) We will take reasonable care to avoid disrupting Your property as far as possible;
(d) We will remove all waste material relating to the work We have carried out;
(e) We will clean up to a reasonable standard, but We will not repaint or redecorate any surfaces affected by the Installation works;
(f) We will use materials that are of satisfactory quality;
(g) We will ensure that Your Installation complies with all regulations and relevant standards applicable at the time of Your Installation.
2.3. If, during the Installation, We find that additional work is required or additional costs will need to be incurred (which have not been caused by Our neglect or default) or if You change the requirements of the Installation, We may terminate this Agreement and clause 7.2 will apply.
2.4. To ensure We are complying with any applicable laws, regulations and/or safety requirements, or where the nature or quality of the solution(s) or Installation are not significantly affected, We may make changes to the solution(s) or Installation. Where We make changes under this clause, We will notify You of the changes made as soon as possible and where possible prior to the change taking effect.
2.5. We warrant that Our workmanship will be free from defects
for 24 months from the date of completion of Installation of the battery;
2.6. You will be advised in Your Offer Letter whether any solution(s) supplied as part of Your Installation come with their own manufacturer’s warranty, and if so, We will register this on Your behalf and provide You with the documentation.
2.7. In rare circumstances, Your local ‘Distribution Network Operator’ (‘DNO’) may need to carry out works in Your area and may require You to disconnect Your Installation until these works have been completed. Please note that We will not be legally responsible to You for any loss that You may incur in these circumstances.
2.8. We will not be responsible for any costs associated with You failing to complete any of Your responsibilities under this Agreement or for faults that may arise due to the lack of compatibility and/or functionality of Your existing systems or controls following the Installation.
2.9. If some or all of the requirements We need You to comply with in relation to Your Installation are not satisfied within 30 days of the date We received Your Acceptance Form and We have not told You that You do not need to satisfy them, We may terminate this Agreement and clause 7.1 will apply.
2.10. Nothing in this Agreement affects Your legal rights under the Consumer Rights Act 2015 (also known as Your statutory rights). You may also have other rights in law.
3. What We need You to do
3.1. During the Installation there may be hazards such as tools, materials, cables, ladders and scaffolding at Your property. We want to keep You, Your family, visitors and Our personnel as safe as possible so please try to avoid the work areas and take care when entry is required. Please also ensure You follow any instructions Our representatives give You at all times.
3.2. What We need You to do during the Installation:
a) In order for Us to carry out the Installation, You agree to give Us (and Our representatives and sub-contractors) safe, full, free and unrestricted access to Your property including access to electricity, broadband, earthing and other relevant services at Your property that We need to carry out the Installation;
b) You, or a responsible person who is over 18 years old and authorized by You, must be at the property at all times (unless We agree otherwise with You);
c) You must take reasonable steps to ensure the health and safety of Our personnel, contractors and sub-contractors whilst they are working at Your property.
3.3. If, within 7 days after We have told You about Your non-compliance with clauses 3.1 and/or 3.2, You have not contacted Us to rearrange Your Installation date and to confirm that You will be able comply with Your responsibilities set out in causes 3.1 and 3.2 during the re-arranged Installation, We may terminate this Agreement and clause 7.2 will apply.
3.4. If We discover an environmental issue or condition at Your property (such as the existence of asbestos), We will tell You immediately and stop the Installation. You will be responsible for rectifying the issue or condition at Your cost. Once rectified, We will continue with the Installation (if possible). If You do not rectify the issue or condition within three months of Us telling You, We may terminate this Agreement and Clause 7.2 will apply.
4. Additional Conditions
4.1. You must ensure You have a wi-fi connection at Your property with sufficient reception to enable communications with Your Installation. You shall be responsible for any extension to Your wi-fi connection should it not have sufficient reception.
4.2. Where any consent or certification is required from Your local DNO for Your Installation to be connected to the distribution network (We will confirm if this is applicable to You), all relevant consents and certifications must be obtained. In order to do this, We will liaise with Your local DNO on Your behalf provided You give Us authority to do so by signing and returning the letter of authority which We provide to You.
4.3. As Your Offer Letter is based on the surveys of Your property (desktop and/or physical) which We carried out prior to You entering into this Agreement with Us, You must not have carried out any renovation, modification or other alteration to the structure of Your property or changed its primary use since the date of Our last survey. In the event any such changes have been made We may terminate this Agreement and the provisions of clause 7.1 will apply.
4.4. It is Your responsibility to obtain and comply with all relevant consents and permissions to allow Us to carry out Your Installation. These consents and permissions may include building regulation completion certificates, planning permissions, landlord consents and/or mortgagor consents.
4.5. We may determine that a structural survey of Your property is required to confirm that Your roof structure is suitable for Your Installation. If We request a structural survey from You, it is Your responsibility to provide this to Us at your cost before We can proceed with Your Installation. If You fail to obtain the required structural survey or carry out additional works as required, We may terminate this Agreement and clause 7.1 will apply.
4.6. If Your Installation is being installed under a G99 Certificate, in some circumstances Your Installation may be unusable until Your local DNO has received a copy of the commissioning certificates. Our technical team will discuss this with You prior to Your Installation being completed if it is applicable.
5. Meter Isolation Works
5.1. As part of Your Installation We will need to carry out Meter Isolation Works, You confirm that You are the ‘owner’ of the premises where the Meter Isolation Works are to take place. You must also confirm the following:
5.2. that You have the necessary authority to consent to Meter Isolation Works;
5.3. that You consent to Us undertaking the Meter Isolation Works;
5.4. that You have considered and provided information to Us regarding any issues relevant to the Meter Isolation Works at the premises;
5.5. that You have considered whether any occupiers of the premises are vulnerable, (whether the de-energisation of the connection may put an occupier at risk), and have notified Us of any vulnerable occupiers and have taken reasonable steps in respect of any vulnerable occupiers’ additional needs; and
5.6. if any medical dependency on electricity has been identified or the presence of a third party is required during the Meter Isolation Works, confirmation that You have informed the occupier (if applicable) that this information will be shared with the registered electricity supplier (E.ON).
5.7. We are not responsible for any civils work that is required prior to the Installation (including but not limited to trenching for cable routes). We are also not responsible for any civils work that may be required after Installation (for example, filling in any trenches that were required for cable routes). We will notify You during Your survey if any civils work is required. You are responsible for ensuring that any civils work is completed prior to Your Installation date at Your cost, failure to do so may result in Your Installation date being postponed or delayed.
6. Arranging a Date for the Installation
6.1. Once We have received Your Acceptance Form Our delivery team will contact You to arrange a date on which We can begin Your Installation.
6.2. If You want to re-arrange Your Installation date, You must give Us at least 72 hours’ notice. If You give Us less than 72 hours’ notice or if You re-arrange Your Installation date two times or more, We may terminate this Agreement.
6.3. We may re-arrange the Installation date if We believe that, on the day, the weather or the occurrence of an event or circumstances at or near Your property (and which is outside Our reasonable control) means that We cannot carry out the Installation safely. We will try to give You as much advance notice as possible.
6.4. If scaffolding is required We will also need to attend Your property before and after the Installation in order to set up and dismantle the scaffolding.
6.5. Although every Installation is different, Your Installation will typically, take between one and three working days. We may need to return to Your property on a subsequent day in order to complete the final tests of Your Installation.
7. Ending this Agreement
7.1. If clauses 2.9, 4.3 or 4.5 are triggered before We have started the Installation We may ask You to cover the additional cost associated with the Installation or terminate this Agreement in which case We may provide You with a new Offer Letter (which if You accept will replace Your previous Offer Letter). If You wish to accept Your new Offer Letter please return a signed Acceptance Form before the date stated on the new Offer Letter.
7.2. If this Agreement is terminated in accordance with clauses 2.3, 3.3 or 3.4 after We have started the Installation, We will remove any solution(s) and associated materials/equipment from Your property and make good damage We have caused by the removal at Our cost.
7.3. In addition to the rights We have to terminate the Agreement in accordance with clause 7.1, and 7.2, We may also terminate this Agreement if We are unable to complete the Installation:
(a) for any reason (e.g. health and safety, structural or technical reasons associated with Your property) which has not been caused by Our neglect or default and which You have not resolved within 30 days of Us telling You about it; or
(b) due to the occurrence of an event or circumstance which prevents completion of the Installation which could not have been reasonably foreseen by Us and which You have not resolved within 30 days of Us telling You about it.
7.4. In the event this Agreement is terminated You shall allow Us access to collect any solutions associated with Your Installation. Should access not be provided We shall be entitled to charge You for these solutions.
7.5. You shall have the right to terminate this Agreement if We fail to materially meet Our obligations under this Agreement.
7.6. You may cancel Your Installation for any reason within 14 days following Our receipt of Your Acceptance Form (Your ‘cooling off period’). However, if You request or accept that the Installation starts within Your 14-day cooling off period (in accordance with clause 7.10):
a) if full performance of the Installation has been completed during Your cooling off period, You will lose Your right to cancel; or
b) if partial performance of the Installation has been completed, We will remove any solution(s) and associated materials/equipment from Your property and make good damage We have caused by the removal at Our cost.
7.7. If You cancel the Installation during Your cooling off period (and have not requested or accepted that the Installation commences during this period) Your Agreement will be terminated.
7.8. To exercise Your right to cancel You must inform Us either by phone on 0800 404 5020, or in a clear statement (Your ‘Notice to Cancel’) and sending this to either: (a) E.ON Next Energy Limited, Westwood Way, Westwood Business Park, Coventry CV4 8LG; or (b) by email to ECOhome@eonenergy.com. You may use the template notice to cancel form provided in Schedule 1 for convenience.
7.9. Upon receiving a notice to cancel from You We will arrange collection of any solutions and/or equipment that have been delivered to You in preparation of the Installation.
7.10. You may request or agree for the Installation to commence during Your 14-day cooling off period under this Agreement by completing and submitting the waiver form contained in Schedule 2.
8. Limitation of liability
8.1. Nothing in this Agreement shall limit or exclude Our liability for:
a) death or personal injury caused by Our (or Our sub-contractors) negligence;
b) fraud or fraudulent misrepresentation; or
(c) any other provision which is not permitted to be limited or excluded by law.
8.2. Our total liability to You in relation to this Agreement shall not exceed £500,000 (five hundred thousand pounds).
8.3. We shall not be liable for (whether in contract, tort breach of statutory duty or otherwise) any loss of profit, indirect or consequential loss arising in connection with this Agreement.
8.4. So far as the law allows the only warranties and/or terms which apply to the Installation are those set out within this Agreement.
9. Personal data
9.1. If You provide any personal data to Us under this Agreement We will be the ‘data controller’. Our Data Protection Officer can be contacted at Westwood Way, Westwood Business Park, Coventry, CV4 8LG.
We will process Your personal data in accordance with Our privacy notice, as amended from time to time, which can be found at www.eonenergy.com/privacy or by contacting Us to request a paper copy. Our privacy notice sets out:
a) where We may get data about You from;
b) why We need it;
c) what We may do with the data (including who We might share it with);
d) the circumstances in which Your data may be transferred abroad; and
e) how long We keep it for.
9.2. We may also offer You access to the E.ON Home visualization platform (which has its own applicable terms of use), this platform is hosted in Germany, and We provide the following information during registration:
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Your name and email address,
- Your Customer reference number (for example: “L123456”)The rated output of Your Installation, and
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The serial number of Your Solar Inverter(s), and/or the communications interface (“dongle”) attached to Your Solar Inverter.
9.3. After Your account has been set up on the relevant Solar Inverter manufacturer’s visualization platform or E.ON Home, generation and/or consumption data is transferred from Your Solar Inverter to the relevant visualization platform to allow You to view this information.
9.4. If You do not wish for Your data to be shared in this way We can stop the transfer of information; however, this will require the deletion of Your account within the Solar Inverter manufacturer’s visualization platform or E.ON Home, so You will no longer be able to view Your generation and/or consumption information.
10. Additional products
Additional terms and conditions may apply to any add-on products listed in Your Offer Letter. These terms and conditions can be found in Schedule 3 where applicable.
11. General provisions
11.1. Aside from intellectual property rights (trademarks, design rights, copyright, know how, business names etc) already owned by third parties all intellectual property rights associated with this Agreement shall be owned by Us.
11.2. Clauses 1, 3, 4, 5, 7, 8, 9, 10 and 11 of the Supply and Installation Terms and Conditions shall all survive termination of this Agreement.
12. Definitions:
“G99 Certificate” means the certificate which may need to be applied for and given by the operator of the local electricity distribution network to which Your property is connected to confirm there is network availability for the connection of Your Installation;
“MCS” means the Microgeneration Certification Scheme, accredited under EN45011, and a recognised quality assurance scheme to certify microgeneration products and installers used to produce electricity and heat from renewable sources;
“Meter Isolation Works” means essential electrical works which involves de-energising Your meter, installing an isolator switch, and subsequently re-energising the meter. The installation of an isolator switch facilitates the carrying out of electrical work safely but without the need to involve Your ‘Distribution Network Operator’ (DNO) to disconnect the fuse on each occasion. We require access to Your premises for the purpose of performing Meter Isolation Works;