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Website Terms & Conditions

TERMS AND CONDITIONS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and Horisun Ltd., the owner of this Website.  Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website.  Clauses 3, 4, and 13 – 15 apply only to the sale of Goods.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

 

1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings: 

 

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website; “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; “Goods” means any products that Horisun Ltd. advertises and  / or makes available for sale through this Website; “Service” means collectively any online facilities, tools, services or information that Horisun Ltd. makes available through the Website either now or in the future; “Payment Information” means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; “Premises” Means Our place(s) of business located at “ Lands End Way, Oakham, Rutland LE15 6RB; “System” means any online communications infrastructure that Horisun Ltd. makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users” means any third party that accesses the Website and is not employed by Horisun Ltd. and acting in the course of their employment; “Website” means the website that you are currently using (www.horisun.Horisunco.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions; “We/Us/Our” means Horisun Ltd. a company registered in England under 5041660 of 2 Lands End Way, Oakham, rutland LE15 6RB

 

2. Age Restrictions Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

 

3. Business Customers These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a business customer please consult our business terms and conditions..

 

4. International Customers If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for these charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.

 

5. Intellectual Property 5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Horisun Ltd., Our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. 5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

 

 6. Third Party Intellectual Property 6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

7. Fair Use of Intellectual Property Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

8. Links to Other Websites This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Horisun Ltd. or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Links to this Website Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.horisun.co.uk without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at info@horisun.co.uk or by mail to our registered address.

 

10. Use of Communications Facilities 10.1 When using System on the Website you should do so in accordance with the following rules.  Failure to comply with these rules may result in your Account being suspended or closed: 10.1.1 You must not use obscene or vulgar language; 10.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; 10.1.3 You must not submit Content that is intended to promote or incite violence; 10.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages; 10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws; 10.1.6 You must not impersonate other people, particularly employees and representatives of Horisun Ltd. or Our affiliates; and 10.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”. 10.2 You acknowledge that Horisun Ltd. reserves the right to monitor any and all communications made to Us or using Our System. 10.3 You acknowledge that Horisun Ltd. may retain copies of any and all communications made to Us or using Our System. 10.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

 

11. Accounts 11.1 In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that: 11.1.1 all information you submit is accurate and truthful; 11.1.2 you have permission to submit Payment Information where permission may be required; and 11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty. 11.2 It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. 11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, we will use our best endeavours to recover any goods prior to delivery. 11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

 

12. Termination and Cancellation of Accounts 12.1 Either Horisun Ltd. or you may terminate your Account.  If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons. 12.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. 12.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. 12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days. 12.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.

 

13. Goods, Pricing and Availability 13.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions.  This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods. 13.2 Where appropriate, you may be required to select the required size, model, colour, number or other features of the Goods that you are purchasing. 13.3 We neither represent nor warrant that Goods will be available.  Stock indications are provided on the Website however such indications may not take into account sales that have taken place during your visit to the Website. 13.4 All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. 13.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, where possible we will offer the lowest available price. 13.6 All prices on the Website include VAT which is shown separately.  Horisun Ltd’s VAT number is 357 7025 84.

 

14. Orders and Delivery 14.1 No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you an order confirmation email.  Only once We have sent you an order confirmation email will there be a binding contract between Horisun Ltd. and you. 14.2 Order confirmations under sub-Clause 14.1 shall contain the following information: 14.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods; 14.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges; 14.2.3 Estimated delivery date(s) and time(s); 14.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances.  In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. 14.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed. 14.5 The risk in the Goods shall remain with Us until they come into your physical possession.

 

15. Returns Policy Horisun Ltd. aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, Goods may need to be returned.  Returns are governed by these Terms and Conditions. 15.1 If you receive Goods which do not match those that you ordered, you should contact Us within 7 calendar days to arrange collection and return.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  We are fully responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened.  Refunds will be issued within 14 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. 15.2 If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged.  To return the damaged Goods, please contact Us within 7 calendar days to arrange collection and return.  We are fully responsible for paying shipment costs.  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. 15.3 If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 7 calendar days to arrange collection and return.  You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  We are fully responsible for paying shipment costs.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued witin 14 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. 15.4 If any Goods you have purchased develop faults within 90 calendar days of delivery, you may be entitled to a replacement but not a refund.  In order to arrange for such a replacement you should contact Us within the 90 calendar day period to arrange collection and return.  We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you. 15.5 If any Goods develop faults beyond 90 calendar days from delivery but within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.  Horisun Ltd. is not a party to such warranties and you must therefore contact the manufacturer of the Goods directly. 15.6 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you.  If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment.  If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt.  Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods.  You are responsible for paying return shipment costs if Goods are returned for this reason.  Refunds will be issued within 7 days and in any event no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. 15.7 Horisun Ltd. may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances: 15.7.1 Goods made to your specifications or that have been personalised; 15.7.2 Goods which are liable to deteriorate or expire rapidly; 15.7.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery; 15.7.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items; 15.7.5 Goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery. 15.7.6 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop).  Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 15.7.3 or 15.7.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.

 

16. Privacy 16.1 Use of the Website is also governed by Our Privacy policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above. 16.2 The Websites use of Cookies is governed by our Cookie Policy

 

17. How We Use Your Personal Information (Data Protection) 17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 17.2 We may use your personal information to: 17.2.1 Provide Our Goods and services to you; 17.2.2 Process your payment for the Goods; and 17.2.3 Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time. 17.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 17.4 We will not pass on your personal information to any other third parties [without first obtaining your express permission].

 

18. Disclaimers 18.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of Our services. 18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. 18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. 18.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

 

19. Changes to the Service and these Terms and Conditions We reserve the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

20. Availability of the Website 20.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis.  We give no warranty that the Website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

21. Limitation of Liability 21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.  You should be aware that you use the Website and its Content at your own risk. 21.2 Nothing in these Terms and Conditions excludes or restricts Horisun Ltd.’s liability for death or personal injury resulting from any negligence or fraud on the part of Horisun Ltd.. 21.3 Nothing in these Terms and Conditions excludes or restricts Horisun Ltd.’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website. 21.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

22. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

 23. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

24. Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Horisun Ltd.

25. Communications 25.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@horisun.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please "click on the 'Unsubscribe' link.

 

26. Law and Jurisdiction These Terms and Conditions and the relationship between you and Horisun Ltd. shall be governed by and construed in accordance with the Law of England and Wales and Horisun Ltd. and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Installation Terms and Conditions

TERMS & CONDITIONS

1.0 In these terms and conditions (which are referred to in this document as “these terms”), the 

“Customer” means the customer for whom the works are to be carried out by Horisun Renewable Energy Ltd, and the “Company” means Horisun Renewable Energy Ltd or, wherever the case may be, a franchisee, subcontractor or representative of the company carrying out business pursuant to a 

Franchise/Subcontract Agreement entered into with the company.

“Contract” means the agreement between the Customer and the company to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the company (“the Agreement”)) the Agreement, “Works” means the works described in the company quotation or any other document or email issued by the company, 

as may be varied by agreement in writing between the parties.

For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.

Acceptance Of Works

2.0 The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only.

Call Out Fee & Charges

3.0 The company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.

3.1 All charges are subject to VAT at the prevailing rate.

Estimates And Fixed Price Work

4.0 Any estimate supplied by the company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 28 days from its date.

4.1 Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the company and/or details supplied by the customer. The final price will be calculated based on the original estimate and in accordance with the companies standard rate card applicable at the time of works being carried out, and may be increased above the estimated price.In addition, the company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the estimated price by more than 10%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).

4.2 Any estimate provided by the company may be revised in the following circumstances:

4.2a If after the submission of the estimate by the company, the customer instructs the company (whether in written or orally) to provide additional works or services not referenced or detailed within the estimate.

4.2b If following the submission of the estimate by the company, there is an increase in the cost of materials to be supplied

4.2c If following the submission of the estimate by the company, it is discovered further works and services need to be carried out which had not been anticipated.

4.2d If following submission of the estimate or works carried out, it is discovered that there was a manifest error when the estimate was prepared.

4.3 The company reserves the right to make a charge for the collection of materials, parts and equipment from any supplier, except for works where an estimate has been provided beforehand. If the collection of said materials takes part whilst the company is on site, the time taken for this will  be treated as part of the works, and charged at the applicable rate. If any materials are ordered for subsequent collection and delivery, a charge may be made by the company of £55 + VAT.

4.4 The company will not be under any obligation to provide an estimate to the customer. The company will only be bound to estimates provided in writing to the customer, which have also been signed by an authorised representative of the company. The company will not be bound to any estimates provided orally.

4.5 The customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the customer.

 

Prices And Payment

5. Any prices or rates advised are subject to VAT at the prevailing rate.

5.1 All invoices are due for payment immediately upon completion of works / delivery to the customer.

5.2 All appointments made for works to be carried out (including fixed price works and estimates) with the company are done so with payment due immediately upon completion / delivery of invoice.

5.3 Where prior written agreement has been arranged for Account Customers with the company, full payment is due within 7 days of the completion of works and delivery of invoice.

5.4 Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 7 days of the invoice date should access not be made available – whichever is sooner.

5.5 Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.

5.6 For any late payments whether in part or in full of an invoice to the company, will be subject to the daily interest rate of 3% over the base rate, until the payment in full is received by the company.

5.7 The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.

Illustration And Description Of Works

6.0 Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.

Inspection, Delivery And Completion Of Works

7.0 The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, the company accepts no liability in respect of late/nonattendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company areestimates only.

Indemnity

8.0 The customer shall indemnify the company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings and representations and warranties in connection with this contract.

Limitation Of Liability

9.0 The company’s liability shall be limited to:

9.0a the repair or making good of any defect pursuant to its undertaking in paragraph 10 below, and subject to paragraph 7.0 above.

9.0b liability for personal injury or death resulting from negligence in the course of carrying out the companies duties

9.0c the reasonable costs of repair or reinstatement of damage or any loss to the customers property, should this result from the negligence of the company or its employees, agents,franchisees or sub-contractors, and the customer incurs such costs.

9.0d The company will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.

9.0e The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.

9.0f If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.

9.0g It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items.

Defects

10.0 Subject to paragraph 7.0 and the exclusions listed below, the company undertakes to make good and repair any defect in completed work, which appears within six months of the complete date of the same, to the extent that such defect arises from the breach of the companies obligations under this contract.

All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect.

This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer.

Following the inspection and it transpires the alleged defect is not the result of any work or service carried out or provided by the company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate.

The company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the company, or where full payment has not been received for said work.

Exclusions are:

10.0a Any parts or materials supplied by the company will only be provided with the manufacturers 

or suppliers guarantee, and are not guaranteed by the company

10.0b Any systems or structures which have not been installed by the company

10.0c Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.

10.0d Any structural defects, such as but not limited to subsidence and its resultant effect.

10.0e Any damage to drainage systems caused by any outside force or root penetration.

Permits, Licenses, Regulations And Other Consents/Access

11.0 It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company. The company will not be held responsible for any damage to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re-positioning, extra charges will be incurred.

 

The customer shall provide clear access to enable the company to undertake the works, and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in the connection with carrying out the works.

The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.

11.1 The customer will at all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.

11.2 Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make 

additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.

11.3 By instructing the company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to 

the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay by the customer in performing the 

obligations as detailed above.

Force Majeure

12.0 The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or 

circumstances beyond the company’s reasonable control.

Cancellation

13.0 If the customer cancels any contract with the company, without the companies consent, the customer agrees to indemnify the company against any and all loss, damage, claims or actions 

arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment in accordance with paragraph 5.

Removal Of Waste And Materials

14.0 The company is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by the 

company, unless stated in the quotation.

Frozen Pipes

15.0 The company will not be liable for any fractures found in frozen pipes attended by the company, and cannot guarantee to clear blockages occurring within frozen pipes or drainage 

systems.

Guarantees

16.0 Any guarantee provided by the company shall be for labour only, in respect of faulty workmanship from 24 months of the date of completion. Any parts, equipment or components 

supplied by the company will be covered by their respective manufacturer’s warranty. The companies guarantee will become null and void if the work/appliance completed/supplied by the company is:

– Subject to misuse or negligence

– Repaired, tampered with or modified by anyone other than a company operative/representative. 

The company accepts no liability for (or guarantee suitability for) materials supplied by the customer 

or other third parties, and will not accept liability for any damage or faults as a result.

16.1 The company is unable to guarantee any work in respect of blockages in waste and drainage systems.

16.2 The company is unable to guarantee any work which has been undertaken on instruction by the customer, against the companies/operatives advice/recommendations.

16.3 The company will only guarantee work directly undertaken by the company and its employee’s. 

Any work carried out on behalf of the company by agents or sub-contractors will be guaranteed under their own respective policies.

16.4 The company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.

16.5 The company will not guarantee work where the customer has been notified either verbally or in writing by the company of any related work which requires attention.

16.6 The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe operative.

16.7 The customer shall be solely liable for any hazardous situation in respect of OFTEC regulations, or oil warning notice issued, unless otherwise caused by our OFTEC operative.

 

Intellectual Property Rights

All content of this website, including graphics and logo’s remain the sole property of the company, and are not to be copied, reproduced or distributed either in part of full, without our prior written 

consent.

Complaints Procedure

In the unlikely event the customer experiences a problem with the service provided by the company, 

the customer must put their complaint in writing to the Head Office at Horisun Renewable Energy Ltd, 2 Lands End Way, Oakham, Rutland, LE15 6RB at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within seven days.

Notice Of Your Right To Cancel

The customer has the right to cancel this contract within fourteen calendar days starting on the day 

the notice of right to cancel is issued. Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email.

Notice of cancellation is deemed to be served as soon as it is posted/sent.

Work carried out prior to the expiry of the cancellation period: You can agree work will commence before the fourteen day cancellation period expires, and should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.

Availability

While every effort is made to make the allotted scheduled appointment, Horisun Renewable Energy Ltd can not guarantee appointment times due to unforeseen circumstances.

Nothing in these terms and conditions is intended to remove your rights regarding the quality of our 

work, or relating to faulty or misdescribed goods that are supplied as part of our service.

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