Terms & Conditions

Eco Energy Storage Systems Ltd

INTRODUCTION

General terms and conditions is a document, which establishes the basis and rules of the relationship between Eco Energy Storage Systems Ltd (Seller) and a Buyer and general conditions for the transactions between the Seller and a Buyer.

DEFINITIONS

Pricelist means a document that lists all the prices of standard products and services and which is authorized by the Seller.

Price quotation means a written offer submitted by the Seller to the Buyer about the sale and purchase conditions of a Product and/or Service, which the Seller undertakes to sell to the Buyer during the validity time of the quotation of the Product and/or Service.

Contract means a written agreement between the Seller and the Buyer to sell and purchase a Product and/or Service.

Seller means Eco Energy Storage Systems Ltd.

Buyer means each physical or legal person, who buys or expresses her/his intention to buy Products or Services offered by the Seller.

Parties are the Seller and the Buyer named together.

Service means a service, which the Seller offers to the Buyer, if the Buyer has asked for it and which is obtaining necessary permissions for connection of the equipment supplied by the seller, transporting of a sold Product and mounting and commissioning it in the location agreed upon with the Buyer.

Order means a price quotation signed by the Buyer and the Seller, including e-signatures, which the Seller starts to fulfil and which is deemed to be a sales and purchase agreement between the Buyer and the Seller of a certain Product and/or Service.

Time of the order completion means the term when the Product and/or Service offered has to be ready to be delivered to the Buyer.

Product means batteries, electrical components and inverters that the Seller sells to the Buyer.

Legal relations mean such legal relations that arise between the Buyer and the Seller, if the Buyer buys Products of the Seller or uses the Seller’s Services.

General conditions are these general sales conditions.

1. GENERAL PROVISIONS

1.1.  These general conditions apply to all Legal relations.

1.2.  In addition to these General conditions the Legal relations are regulated by the legislative acts of the United Kingdom, and in case there are also an Order and a Contract, the Contract.

1.3.  General conditions are made available at the Seller’s homepage on Internet https://www.eco-ess.co.uk/.

1.4.  If the General conditions contradict an Order, the provisions of the Order shall apply. If the General conditions or an Order contradicts a Contract, the provisions of the Contract shall apply.

1.5.  If the context requires so, the words in singular in the General conditions are deemed to be in plural and the other way round. The headings of the clauses of the General conditions are to facilitate reading and have no effect on the content of the clauses.

1.6.  Each clause of the General conditions will be interpreted together with the other clauses of the General conditions, taking into account the meaning and objective of the General conditions.

2. STANDARD AND CUSTOM PROJECT PRODUCTS

2.1.  Standard product is a Product the price of which is listed in the Pricelist and/or in the products’ catalogue of the Seller.

2.2.  A Custom project product is a Product that differs from a Standard product or which is made according to the requirements of the Buyer.

2.3.  When the Seller has made a Custom project product for the Buyer by the order of the Buyer and in accordance with the drawings, measurements, models or other instructions of the Buyer (hereinafter Instructions), and if by this Custom project product that was made in accordance with these Instructions or by the use of these Instructions the rights of intellectual property of third persons have been violated, the Buyer is required to compensate all damages to the Seller that may arise out of such violation of the rights of third persons to the Seller.

3. PRICE QUOTATION

3.1.  Price quotation shall be valid during its validity period. In case there is no mention of a validity period in the Price quotation, the Price quotation shall be valid for 30 (thirty) calendar days from the moment the Seller has submitted the Price quotation to the Buyer.

4. ORDERING A PRODUCT AND/OR SERVICE

4.1.  To buy a Product and/or Service, the Buyer will submit a request (enquiry) to the Seller. The Seller will submit a Price quotation concerning the Product and/or Service mentioned in the request to the Buyer, where in addition to the price of the Product and/or Service is shown the time of delivery and other relevant conditions.

4.2.  If the Parties have agreed on the Price quotation regarding the relevant conditions referred to in subclause 4.1., the Parties shall sign or accept the Price quotation. The Price quotations shall be signed or accepted by a person authorized by the Buyer and this person shall present documentation to the Seller proving the authorization (a letter of authorization or other document proving the authorization, including registry data printout). The Price quotation that is signed or accepted by both Parties shall be considered to be an agreement of sale and purchase of a Product/Service or an Order. In the Order, the Buyer shall appoint a person, who is authorized to receive the Product and/or Service. Placing an order means the Buyer has agreed to and accepted the present Terms and Conditions.

4.3.  If a position plan for the products to be mounted or other documentation that is needed to fulfil the request correctly accompanies the price quotation or the Buyer’s written request, these documents are deemed to be inseparable part of the Order. The Buyer shall be responsible for the correctness of these documents.

4.4.  If a separate written sale and purchase contract (hereinafter Contract), where additional conditions will be included, shall be concluded for the sale and purchase of the Product/Service, the Buyer and the Seller will follow the conditions set in the Contract when the Products and/or Services are sold and purchased.

5. TIME FOR ORDER COMPLETION

5.1.  Time for order completion is set in the Order as provided for in subclause 4.1. of the General conditions.

5.2.  If the Buyer has not provided conditions for fulfilling the Order as set in subclause 8.7. of the General conditions or has not fulfilled other obligations arising out of the Order, the Seller has the right to change the term of the Order unilaterally. The Seller shall immediately inform the Buyer about the new term after the Buyer has fulfilled all her/his obligations arising out of the Order.

5.3.  If the Buyer does not agree to the new term, the Buyer has the right to terminate the Order, informing of it the Seller in writing not later than within 3 (three) working days from the moment the Buyer received the Seller’s written notice. If the Buyer does not inform the Seller about her/his not agreeing to the new term within the before mentioned time, the new term of the order completion shall be considered to be accepted.

5.4.  If the Buyer shall terminate the Order in accordance to subclause 5.3. of the General conditions, the Buyer is required to compensate the Seller all damages that have been arisen due to the termination of the Order.

6. PRICES

6.1.  Standard product and service prices are listed in the Pricelist, which is authorized by the Seller. The prices in the pricelist do not include value added tax and the price of shipping. The price of the packaging is included in the price listed in the Pricelist.

6.2.  The Seller reserves the right to make changes in the Pricelist one-sidedly. The amendments take effect on the day they are introduced, or on the date set by the Seller. The changes to the Pricelist do not have retroactive effect regarding the orders that were concluded before the amendments in the Pricelist.

7. PAYMENT CONDITIONS AND PENALTIES

7.1.  The Seller has the right to ask from the Buyer prepayment for the Product/Service in the amount agreed upon beforehand with the Buyer before the start of delivering the product or fulfilling the Order.

7.2.  The payments from private customers are to be made by bank transfers to the Seller’s account unless agreed otherwise by the Parties. Deposit prepayments may be done by credit card, the balance payments should be done by bank transfer, otherwise the 1.5% fee will be applied to cover the Seller’s transaction costs. Installers are required to pay the entire amount by bank transfer. If they want to pay by card, the transaction fee of 1.5–2.5% depending on the credit card type will be applied.

7.3.  The client is entitled to a cooling-off period of 14 days after the order has been placed.

7.4.  If there is an agreement in the Order that the Seller shall deliver and/or mount the Product in the location indicated by the Buyer, and/or in provision of other Service, the Buyer is required to pay the portion of the price of the Order not yet paid to the Seller after the installation is completed and the commissioning document is signed by the Buyer and the installer. If the Buyer delays the payment of the price indicated in the Order, the term of commissioning of the Order with DNO shall be postponed by the number of days delayed.

7.5.  All the sums to be paid by the Buyer shall be considered paid as required, if the relevant amount has been transferred to the bank account of the Seller or it has been paid in cash to the Seller.

7.6.  If the Buyer refuses to pay any sum due for the Product and/or Service, the Seller shall issue a formal written Letter of Demand to the Buyer at the address provided in the Order, allowing a minimum of 7 (seven) calendar days from the date of that notice to remedy the default. Failure to pay within this notice period shall entitle the Seller to immediately refer the matter to a debt recovery agency or commence legal proceedings without further notice. Service of a Letter of Demand by email to the Buyer’s registered email address shall be deemed effective the same day if sent before 17:00 on a working day.

7.7.  Without prejudice to any other rights of the Seller, if the Buyer fails to pay any sum by the due date, the Seller reserves the right to charge statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, currently fixed at 8% above the Bank of England base rate per annum on outstanding commercial invoices. This applies automatically without notice. For consumer transactions, interest shall accrue at 2% per calendar month on the outstanding balance from the due date until the date of actual payment. The Seller also reserves the right to claim a fixed debt recovery compensation charge in accordance with the Late Payment of Commercial Debts Regulations 2002: £40 for debts under £1,000; £70 for debts between £1,000 and £9,999; and £100 for debts of £10,000 or more. All commercial discounts previously granted to the Buyer may be revoked upon default.

7.8.  If debt recovery service or solicitor service is to be used for recovering payments overdue, all fees and expenses in relation to use of this service will be borne by the Buyer.

7.9.  If any payment becomes overdue by more than 14 (fourteen) calendar days, the Seller shall be entitled, without liability, to:

1. suspend all pending deliveries, installations, or Services until all outstanding amounts are paid in full;
2. exercise its retention of title rights under clause 8.8 and recover or arrange for the recovery of any Product not yet fully paid for, and the Buyer shall provide all reasonable access to enable this; and
3. cancel any agreed discounts, promotional pricing, or credit terms previously extended to the Buyer.

The Seller’s exercise of any right under this clause shall not constitute a repudiation of the Order or Contract.

7.10.  The Buyer shall make all payments due under the Order or Contract in full without any set-off, counterclaim, deduction, or withholding (other than as required by law). Any dispute regarding the quality or delivery of a Product or Service shall be pursued separately and shall not entitle the Buyer to withhold or delay any payment. This clause applies to business buyers only and shall not restrict the statutory rights of consumer buyers.

7.11.  The Seller may, at its sole discretion, set or revise a credit limit for the Buyer at any time. If the Buyer’s outstanding balance exceeds the credit limit, or any invoice remains unpaid beyond its due date, the Seller may place the account on hold, requiring all future orders to be paid in full prior to fulfilment. The Seller is not obliged to extend credit and may require pro-forma payment at any time without giving reasons.

7.12.  Where the Buyer is a company or limited liability partnership, the Seller may require a director, partner, or principal shareholder to execute a personal guarantee in a form acceptable to the Seller as a condition of extending credit terms. The Seller reserves the right to request such a guarantee at any point during the commercial relationship.

8. TRANSFER OF A PRODUCT AND/OR SERVICE, DELIVERY TIMES

8.1.  If the Buyer and the Seller have agreed that the Seller shall have to deliver the Product to the Buyer, the Seller agrees to transfer the Product to the Buyer in the location, where the Product is transported in compliance with the agreement between the Buyer and the Seller. The standard delivery time is minimum 2 working days after placing an order and invoice settlement. The Seller undertakes to provide the Buyer all documents that accompany the Product (handling instructions, assembly instructions, letter of warranty etc.).

8.2.  The signature of the person authorized by the Buyer shall certify the reception of the Product on the Products delivery note, where the name of the Product and amount (number of packages) are stated. Upon reception of the Product, the representative of the Buyer has to prove his/her authority.

8.4.  If the Seller does not make the Product available to the Buyer within the set term, the Buyer has the right to demand the Seller a fine for delay of 0.1% (point one per cent) of the price of the Product indicated in the Price quotation for each day delayed.

8.5.  If the Buyer and the Seller have agreed that the Seller will mount the Product, the Buyer undertakes to ensure the conditions that are required for the reception and mounting of the Product (the premises are fully built, adequate room temperature, dry rooms, free and safe access, power and lighting available).

8.8.  The Seller and the Buyer shall draw a document of transfer and reception of the delivery of the Service. The document of the transfer and reception shall be drawn up just after the Service is performed and after the Buyer has signed this document, the Service is considered to be received by the Buyer. The Product remains the property of the Seller until fully paid by the Buyer.

9. TRANSFER OF RISKS

9.1.  Risk of accidental ruin and damage of the Product shall be transferred to the Buyer at the moment the Product is given over in accordance with subclause 8.1. of the General conditions. If the Buyer and the Seller have agreed that the Seller will mount the Product, the risk of accidental ruin and damage of the Product shall be transferred to the Buyer at the moment the document of transfer and reception is signed. If the product is not mounted on the same day as the delivery of the Product, the Buyer has to ensure that the Product shall remain in its original packaging at the place of delivery agreed upon with the Buyer in the Order until the Product is mounted, and the Buyer bears the risk of accidental ruin.

9.2.  If the Buyer or a third person authorized by the Buyer transports the Product, the risk of accidental ruin shall be transferred to the Buyer at the moment the Product is given over to the Buyer for transport.

10. CLAIMS, CANCELLATION AND RETURNS

At Eco Energy Storage Systems, we strive to provide high-quality equipment. If you are not completely satisfied with your purchase, we offer a detailed claims and returns policy to ensure a seamless experience.

10.1 Statutory Consumer Rights

Where the Buyer is a consumer, nothing in these General Conditions excludes, restricts or replaces any statutory right or remedy that cannot lawfully be excluded or restricted. Goods supplied to consumers must comply with applicable consumer law, including requirements relating to satisfactory quality, fitness for purpose and conformity with description.

10.2 Consumer cancellation rights for distance and off-premises contracts

Where a consumer has a statutory right to cancel a distance or off-premises contract, the applicable cancellation period, return obligations and refund rights will be those provided by law. Unless an exception applies, the standard cancellation period for goods is 14 days from the day the consumer, or a person nominated by the consumer other than the carrier, acquires physical possession of the goods. This cancellation right is separate from rights relating to faulty or non-conforming goods.

Where a Product is manufactured or configured to the consumer’s specification or clearly personalised (for example, a board pre-wired or configured to a specific installation), the statutory cancellation right in this clause 10.2 may not apply. Where the Seller considers this exception applies, it will notify the consumer before the contract is concluded.

10.3 Change-of-mind returns outside statutory rights

Any discretionary return offered by the Seller beyond a consumer’s statutory cancellation rights is subject to the Seller’s agreement and any conditions notified at the time. This clause does not apply to a statutory remedy for faulty or non-conforming goods.

10.4 Reporting faulty or non-conforming goods

A Buyer reporting a fault should contact the Seller at info@eco-ess.co.uk or 01332 439 186 and provide the order or invoice details, product identification, a description of the issue and such photographs, installation information or test results as are reasonably required to assess the issue. The Seller may issue a return authorisation and may require the affected product or component to be returned or made available for inspection. Goods should not be returned without prior authorisation unless otherwise agreed.

10.5 Return costs

Where a consumer is exercising a statutory remedy in circumstances in which the Seller is legally responsible for the reasonable cost of return, the Seller will bear that cost. For change-of-mind returns, the Buyer will bear return costs where permitted by law and where the Buyer was informed of that responsibility. Where a consumer or business Buyer is making a claim under a voluntary Product warranty (rather than a statutory remedy), return costs will be allocated as set out in the applicable Product-specific warranty document; in the absence of any such provision, the Buyer bears the cost of returning the item for inspection, and the Seller will reimburse reasonable, evidenced return costs where the claim is upheld. For business Buyers generally, carriage and return costs will otherwise be allocated in accordance with the Contract, quotation, account terms or these General Conditions.

10.6 conditions and packaging of returned goods

The Buyer must take reasonable care to package returned goods safely for transport. Original packaging should be used where reasonably available, but failure to retain original packaging will not of itself remove a consumer’s statutory rights in respect of faulty or non-conforming goods. The Buyer may be responsible for loss in value of goods returned following a change of mind where that loss results from handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the goods, to the extent permitted by law.

10.7 Refunds

Any refund due to a consumer will be made within the period and by the method required by applicable law. Where no statutory timeframe applies, the Seller will make any agreed refund within a reasonable period. Refunds will normally be made to the original payment method unless otherwise agreed or required.

10.8. Inspection, diagnosis and no-fault-found cases

The Seller may reasonably inspect or test a product before accepting that a fault is attributable to the product. For business Buyers, where no covered product defect is found and the issue is attributable to installation, misuse, modification, external conditions or another cause for which the Seller is not responsible, reasonable inspection, testing, carriage or attendance charges may be payable where the applicable charge has been notified before chargeable work is undertaken.

For consumers, no inspection, testing or attendance charge will be imposed where the claim relates to a statutory right or remedy. Where a consumer’s claim is made only under a voluntary Product warranty and no covered defect is found, a charge may be payable only where the Seller notified the consumer of that possible charge, and its basis, before the chargeable work was undertaken; no such charge will be imposed on a consumer in a way that limits or overrides a statutory right or remedy.

10.9 Site Attendance

A site visit is not included automatically with a product warranty. Where a business Buyer requests or agrees to chargeable site attendance, the Seller may charge its then-current attendance fee plus parts and other agreed costs. Where the Seller proposes a chargeable visit, the applicable charge will be notified before the visit is undertaken. Where the attendance confirms a covered warranty defect, the Seller will refund or credit the attendance charge unless the applicable Product-specific warranty document or the Contract states otherwise. If a visit is required in order to provide a remedy that must by law be provided to a consumer without charge, this clause does not permit the Seller to charge for that required remedy.

11. Product Warranties

11.1 Product-Specific warranty periods

The warranty period applicable to a Product is the period expressly stated by the Seller in the Product documentation, warranty certificate, quotation, order confirmation or other written warranty information applicable to that Product. This includes any standard or extended warranty terms published by the Seller for a particular Product or product family (“Product-specific warranty documents”), which form part of the Product documentation for the purposes of this Section 11. Different Products and product families may carry different warranty periods. Where the Seller resells a third-party product and states that the manufacturer’s warranty applies, that manufacturer’s warranty will apply in accordance with its terms. No general or blanket ten-year warranty applies unless expressly stated for the particular Product.

11.2 Commencement of warranty

Unless the applicable Product warranty expressly states otherwise, the warranty period begins on the date the Product is delivered to the original purchaser. Reasonable proof of purchase or delivery may be required.

11.3 Scope and conditions

A Product warranty covers only the matters expressly stated in the applicable warranty document and is subject to its conditions and exclusions. Unless expressly stated otherwise, warranty cover is limited to defects in materials, manufacture and factory assembly arising under normal intended use. Warranty cover does not make the Seller responsible for installation workmanship carried out by third parties.

11.4 Warranty remedies

Where a valid warranty claim is confirmed, the Seller may, at its option and subject to applicable law, repair the Product, replace the defective component, replace the Product with the same or a reasonably equivalent Product, or provide another remedy stated in the applicable warranty. Any statutory remedy available to a consumer remains unaffected.

11.5 Exclusions

Unless the applicable warranty states otherwise, warranty cover does not extend to faults or damage caused by incorrect selection, design, installation, connection, commissioning, maintenance, misuse, unauthorised modification or repair, accidental or mechanical damage, environmental conditions outside published ratings, external electrical/network events, normal wear, or normal operation/depletion of sacrificial or consumable protective components. Any exclusion is subject to rights and liabilities that cannot lawfully be excluded or restricted.

11.6 Labor and associated costs

Unless expressly included in the applicable warranty or required by law, a Product warranty covers the product remedy only and does not include electrician call-outs, diagnosis, removal, reinstallation, access, making-good, loss of use, loss of generation, loss of revenue or other consequential costs. Nothing in this clause excludes or restricts liability where it would be unlawful to do so.

11.7 Warranty claims

To make a warranty claim, the Buyer must notify the Seller within a reasonable time after becoming aware of the alleged defect and provide reasonable proof of purchase together with sufficient information to identify and assess the Product and reported fault. The Seller may require photographs, installation information, test results, inspection or return of the Product/component before confirming the claim. This clause does not shorten or otherwise affect any statutory time limit applicable to a consumer’s claim.

11.8 Repairs and replacements

A repair or replacement supplied under a Product warranty does not restart or extend the original warranty period. Unless applicable law requires otherwise or the applicable warranty expressly states otherwise, the repaired or replacement Product/component is covered only for the remainder of the original warranty period.

11.9 Consumer rights

A Product warranty is additional to a consumer’s statutory rights and does not affect those rights. A consumer may choose to exercise applicable statutory rights against the seller rather than rely on a voluntary warranty.

11.10 Precedence and interaction with Product-specific warranty documents

Where a Product-specific warranty document contains a provision expressly inconsistent with this Section 10 or this Section 11 (including as to warranty period, commencement date, remedies, exclusions or return costs), the Product-specific warranty document prevails in relation to that Product and that provision. Nothing in a Product-specific warranty document, and nothing in this Section 10 or this Section 11, limits or overrides a consumer’s statutory rights under clause 10.1.

12. PROTECTION OF INTELLECTUAL PROPERTY

Documents given to the Buyer (for example drawings, diagrams, schemes etc.) are and will remain intellectual property of the Seller. It is not allowed to copy these documents or to give them to third persons for use.

13. FORCE MAJEURE

13.1.  If performance of any of the Seller’s obligations under the Order or Contract is prevented or delayed by any event, circumstance or cause beyond the reasonable control of the Seller (a “Force Majeure Event”), the Seller shall not be liable for any failure or delay in performance of those obligations to the extent that such failure or delay is caused by the Force Majeure Event.

13.2.  For the purposes of this clause, a “Force Majeure Event” means, without limitation: acts of God, fire, flood, explosion, pandemics or epidemics, war, riots or civil commotion, terrorist acts, import or export restrictions, industrial disputes or strikes, supply chain failure (including manufacturer or third-party supplier failure), changes in law or regulation, inability to obtain materials or components, and any other event outside the control of the Seller.

13.3.  If a Force Majeure Event occurs, the Seller shall promptly notify the Buyer in writing of: (a) the nature of the Force Majeure Event; (b) the extent to which performance is affected; and (c) the estimated duration of the delay.

13.4.  The Seller shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event and resume its performance as soon as reasonably possible.

13.5.  If the Force Majeure Event continues for more than 30 days, then either party may terminate the Order or Contract by written notice to the other party. Upon such termination, the Seller’s only obligation shall be to refund any payment made by the Buyer for goods or services not yet delivered, and neither party shall have any further liability to the other in respect of performance of the terminated portion of the Order or Contract.

14. RESOLVING DISPUTES

14.1.  Negotiations between the Buyer and the Seller shall be used to resolve disputes between the Buyer and the Seller.

14.2.  If disputes cannot be resolved by negotiations, all disputes — including those arising out of unpaid invoices or debt recovery matters — shall be subject to the exclusive jurisdiction of the courts of England and Wales. The Seller reserves the right to pursue claims via the County Court Money Claims Centre (CCMCC) or the small claims track as appropriate, without prejudice to its right to refer the matter to a debt recovery agency. Notwithstanding the foregoing, the Seller may seek urgent injunctive or other equitable relief in any court of competent jurisdiction.

Eco Energy Storage Systems Ltd  |  www.eco-ess.co.uk  |  info@eco-ess.co.uk  |  01332 439186