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The Green Company (Europe) LIMITED
TERMS & CONDITIONS OF CONTRACT
1 DEFINITIONS
TGC: The Green Company (Europe) Ltd (registered address Kings House, 14 Orchard St, Bristol, BS6 6NA No 5969880) its suppliers and agents
The Contract: means the offer for the supply of goods and/or services by TGC in the form of the Quotation, these Terms & Conditions and the acceptance of the offer by the Client.
The Services: means the Services to be provided by TGC either directly or through others in accordance with the Quotation.
The Goods: means the Goods to be provided by TGC either directly or through others in accordance with the Quotation.
The Client: means the person stated in TGC Quotation.
The Specification: means the specifications, performance details or description of any Services, as set out in the Quotation or as subsequently varied by way of agreement in writing between TGC and the Client.
The Quotation: means the quotation attached to these Terms & Conditions, from TGC to 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 TGC. 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 within 30 days from the date of the Quotation. Acceptance of the Quotation by the Client by payment of deposit constitutes an acceptance of the offer in the Quotation and these Terms and Conditions of Contract.
3 PERSONNEL PERFORMING THE SERVICES
3.1 The Services shall be carried out by suitably qualified personnel.
4 SERVICES
4.1 The Quotation is based upon information supplied by the Client to TGC. In the event that information is found to be inadequate TGC will not accept liability and the Client will reimburse TGC for any extra costs as necessary.
4.2 The obtaining of any necessary licences, permits, consents, or approvals necessary to enable TGC to provide the Services to the Client will be the responsibility of the Client. Nothing in these Terms and Conditions will absolve TGC of its duties and responsibilities under the law in regard to health and safety.
4.3 TGC reserve the right to change specifications and equipment with models of a similar performance.
5 PRICE
5.1 The Quotation is based upon taxes payable at the date of the Quotation and is valid for 14 days. If changes occur after the date of the Quotation, then the price shall be adjusted accordingly.
5.2 If TGC 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.
5.3 If CDM regulations apply then further costs will be added and a new quotation is required.
6 PAYMENT
6.1 Payments shall be made by the Client to TGC in accordance with the stage payments set out in the Quotation.
6.2 The Client shall pay TGC 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 Cooperative Bank base rate on all overdue payments. Interest charges will be round up to the nearest month
6.3 Should The Client wish to cancel an order and receive a full refund, notice must be received by TGC within 7 days of order (“cooling off”). If The Client cancels and order after that, their deposit shall be refundable after deducting any costs incurred. All cancellations must be made in writing to TGC's registered address.
6.4 The Client will be responsible for any costs incurred to TGC in failed payments - for example cheques returned either unpaid or stopped. Any costs incurred by TGC in recovering these debts will be the responsibility of the Client. TGC reserves the right to withhold delivery of any goods purchased by the Client until such costs have been paid.
6.5 The Client shall be responsible for any grant applications.
7 TITLE AND OWNERSHIP
7.1 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.
7.2 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.
7.3 Until title passes, the Client shall hold any goods supplied under this contract for TGC and shall mark them so that they can at all times be identified as being in the ownership of TGC.
7.4 TGC reserves the right to collect, dismantle and/or remove Services and to arrange its return in the event of non-payment. TGC will not be responsible for any losses incurred by the customer by TGC exercising this right. In the event of non-payment or returned payment, any costs incurred by TGC in recovering its property will be the responsibility of the Client. TGC reserves the right to take all necessary steps to recover equipment that has not been paid for. The customer grants TGC access to repossess any equipment not paid for in full.
8 WARRANTY
8.1 TGC warrants that the Services will be supplied in accordance with the Specification and will be free from defects in material and workmanship for a period of twelve months from the date of completion of the Services. The Client should advise TGC 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.
8.2 Any manufacturers warranties in excess of 12 months will be honoured by TGC. TGC maintains the right to charge The Client labour and travel costs incurred in honouring the manufacturers warranties.
8.2 In the event of a Valid Warranty Claim by the Client, TGC shall be entitled (at TGC's discretion) either to repair or replace the defective part of the Services, and to charge labour and travel costs for doing so. TGC shall have no liability to the Client in particular in respect of consequential loss.
8.3 A Valid Warranty Claim excludes wear and tear, accidental 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
8.4 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. TGC 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. TGC requires that in the event of shipping damage, the customer must retain all packaging and goods for inspection by TGC and/or the courier. Failure to do so will invalidate any Warranty. Damaged goods must be returned to TGC 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.
8.5 You will be required to maintain your Goods, and will have to carry out periodic repairs on them.
8.6 TGC does not and cannot guarantee the energy output from the Goods and Services as this is dependent on local weather conditions outside our 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.
9 INDEMNITY AND INSURANCE
9.1 TGC 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.
10 LIABILITY OF TGC
10.1 TGC 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. We cannot, and will not, be held responsible of 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, generally unbreakable, and can cause serious personal injury. The power 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. 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 high in the air where they pose the potential of becoming a ‘falling hazard’ in fault conditions, and as such, every effort should be made to maintain a safe area around the Goods free from people, animals and property.
10.2 Our Goods should NEVER be run without a load connected. This could result in the the Goods breaking, electrocution, personal injury and even death and will invalidate the Warranty. Our Goods require a ‘load’ to be present to operate within their safe limitations, and the importance of this cannot be overstressed.
10.3 The liability of TGC 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 8.1 above.
10.4 TGC accepts no liability for any effect that drilling, grouting, mounting, trenching or other works may have on 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.
10.5 TGC shall be reliant upon information provided by the Client, it’s Architects, Engineers and other contractors and no liability is accepted by TGC for the adequacy or correctness of such information. In the event that basic design information is not provided by the Client and TGC derives its own figures for the purposes of providing the Quotation, then the Client shall be responsible for approval of such figures prior to the production of the final Specification or any subsequent variation.
11 FACILITIES TO BE SUPPLIED ON SITE TO TGC
11.1 Where the performance of the Services includes installation or commissioning of equipment at a site, the following services shall be provided to TGC free of charge:
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.
12 GENERAL
12.1 TGC shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.
12.2 This document shall be governed by English law.
12.3 All material supplied by TGC, be it in electronic or paper form, including website information and pictures is copyright either to TGC, its suppliers, agents or other party. No reproduction of any of this information, for reward or otherwise is allowed without the prior written consent issued by TGC
12.4 TGC shall retain the right to share your data with our partner companies, only when required to deliver the requested Services.
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