1. Definitions:

“Goods” “Products” means any goods and or services provided by the Company as ordered by the Customer.

“Company” “we” means The Rain Wind and Sun Company Limited.

“Customer” “Owner” “Occupier” “Client” means the person, firm or company placing an order with the Company.

2. Obligations:

2.1 The Company shall carry out the work with all reasonable skill and care according to the timetable agreed with you and according to the REAL Assurance Scheme Consumer Code. The Company will provide you with a guarantee that covers both the installation and the Goods installed. The Goods we supply will be of satisfactory quality, fit for purpose and operate as we described to you.

2.2 The Customer will be asked to pay a deposit when the seven working day cooling-off period has lapsed, this shall not be more than 25% of the total price of the contract. The Customer may be asked to make a further advance payment and this shall not when taken together be more than 60% of the total contract price and paid no more than three weeks before the agreed delivery or installation date.

It is the Customers responsibility to get the necessary permissions and approvals for the installation to take place, the Company can help you do this.

If the Customer fails to pay on time, we may stop work and charge additional costs

If the Customer causes the work to be delayed, we may stop work and charge reasonable additional costs

3. General:

3.1 Whilst any work is being carried out, all materials and equipment on site must not be touched or played upon. For any injuries sustained by the owners or occupants own negligence, the Company shall not be held liable. Any damage to equipment or loss of material must be paid for.

3.2 All materials selected and ordered from a brochure and delivered to the site are purchased at the owner’s or occupant’s own liability. The Company shall not be held liable for any variation to the product or products. Any changes to materials selected are at the owner’s or occupant’s own cost.

3.3 If any flooring needs to be removed to reach hidden pipework, valves or fittings every care shall be taken not to damage it. However, depending on how the floors have been previously laid damage may be unavoidable; The Company shall accept no responsibility for replacing or repairing any such flooring.

3.4 Whilst any work is taking place, Customers must avoid the area, so far as reasonable practicable, to ensure safety to workers and themselves. Whilst any work is taking place, all pets must be kept under control at all times, to ensure safety to workers, owners, occupants and the pets.

3.5 For your safety and the workers of Rain, Wind and Sun, any accidents or injuries that occur through the non-compliance of the terms and conditions shall be the responsibility of the owner or occupants.

4. Quotation:

4.1 The quotation is based upon normal hours of working, and the most cost effective work programme. If the Company is required by the client to work overtime, or delayed, or has work disrupted by the client or others, then additional costs of such overtime, delay or disruption shall be added to the price for the provision of services (i.e. if the Customer has agreed to clear a room and the Company arrive to find this has not been done, this will incur an extra cost as it has delayed the Company). The day rate will be an additional charge of £150.00.

4.2 The quotation is open for acceptance for a period of 30 consecutive days from the date of the quotation.

4.3 The quotation is based upon information supplied by the client to the Company. In the event that information is found to be inaccurate the Company shall accept no liability and the Client shall reimburse the Company for any extra costs and delay.

4.4 Dimensions, weights, volumes, outputs and descriptions of the Goods stated on any offer or acceptance are approximate only and not binding to details.

5. Planning Permission

5.1 It remains the sole responsibility of the Customer to seek planning permission if this is required. Rain Wind Sun is happy to assist, further details available on request. If you are the owner of a listed property, it is in a conservation area or world heritage site you must apply to the local planning authority to establish requirements of your application.

By signing this contract you are confirming that you have the required authorities for the work to commence. Once installation is completed, should you require planning permission retrospectively you are accepting full responsibility for all associated costs.

Costs incurred will include; the submitting of the "Householder Application for Planning Permission", site/location plans, elevation and roof plans ~ this list is not exhaustive and different planning authorities may have different requirements and it is your responsibility to ensure you have the correct permissions.

Full invoice payment will be required by the Customer to Rain Wind Sun upon completion and commissioning of the system. If for any reason the system needs to be removed Rain Wind Sun will provide you with a full refund minus the labour involved, any making good, any parts which cannot be reused, plus associated costs in removing the installation at a rate of £500 per day which includes access equipment.

6. Cooling Off Period:

6.1 Once a contract has been signed by the Customer; you have the right to a seven working day cooling off period. Within this time frame no money shall be exchanged or work commenced.

6.2 If you cancel the Contract after the period referred to in section 6.1 of this Contract then you may have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution.

7. Cancellation:

7.1 Cancellation during the seven working day cooling-off period will not be subject to charge. If you wish to cancel the contract, you must do so in writing to Tracey Butler, Rain Wind and Sun, Huntersbrook House, Hoggs Lane, Purton, SN5 4HQ or in the first instance if the cooling off period is nearly at the end, by telephone on 01793 772277 and followed up in writing to the above.

Penalties will be incurred if cancellation is made after the cooling-off period – usually payment for all materials purchased by the Company for the specific installation. Rain Wind Sun relies upon the written terms set out here in the Contract. Please read them carefully before signing the acceptance.

7.2 The Company reserves the right to cancel the order prior to the commencement of any works in the event of any adverse survey on the Customers property or any refusal of planning consent or building regulations approval thereby rendering the carrying out of any works hereby agreed to be provided unsuitable or illegal. Such decision as to the unsuitability or illegality being solely that of the Company and the Company’s absolute discretion.

7.3 If there is a serious delay to the delivery of Goods not already pre-mentioned to the Customer and that are outside the Customers control but within the Company's control then you will be entitled to cancel the contract and receive a refund. This is in line with the REAL Assurance Scheme Consumer Code and the Supply of Goods and Services Act 1982.

7.4 If the Company are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel the contract and receive an appropriate refund or request a repair/replacement or make a request for compensation. You can seek these remedies if what the Company supply or install is faulty, incorrectly described or not fit for purpose. After the seven working day cooling-off period, you cannot seek these remedies if you change your mind about the contract or if you decide you no longer want some or all of the components.

7.5 If the Customer is in serious breach of the obligations in this contract and the Customer fails to remedy that breach within 14 days of receiving written notice from the Company, the Company has the right to cancel the contract. The Company will give you reasonable opportunity to rectify the alleged breach.

7.6 If the Company suffers a loss as a result of the Customer's breach of contract, the Company will take reasonable steps to prevent the loss from becoming worse. If the Customers breach of contract results in a cancellation then the Customer may have to pay compensation for reasonable costs or losses incurred.

8. Insurance:

8.1 Rain Wind and Sun 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 provided. A copy is available upon request.

8.2 Your deposit and advance payment, if required, will be insured through an insurance scheme. We will provide you with details of the scheme, and you will receive a policy directly from the provider once you have signed the Contract. In this way, your money will be protected should we fall into receivership, administration or bankruptcy before the Goods have been delivered.

9. The Client Account:

8.1 We must place your deposit and advance payment made before the Goods have been delivered to your property in a special "client" or other third party bank account or dedicated "customer" bank account. This money can only be used for work carried out under this Contract.

9.2 If we should fall into receivership, administration or bankruptcy then the money in that dedicated bank account will be returned to you or passed to another supplier who will complete the work. Only when we purchase Goods on your behalf (to the value of the sums held in this account) will we be entitled to transfer those sums from the dedicated bank account for our own benefit.

9.3 Where your money has been used to make specific purchases on your behalf, then legal title to those Goods, or the proportion of them you have paid for, will pass to you. We must either deliver them to you or label them as belonging to you. Where the Goods are stored by us then we must keep those Goods separate from our own Goods and those of third parties. We must also keep the Goods stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the Goods and/or repossess them.

9.4 Goods belonging to us may be delivered to the site. If the contract is terminated early then, with reasonable notice, you must return and deliver the Goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the Goods. If you do not return the Goods to us, we retain the right to take legal proceedings to recover the Goods or their value.

9.5 If the Contract is terminated early then, with reasonable notice, you must return and deliver the Goods to us. If this happens you may have to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made.

9.6 Until ownership of the Goods passes to you, you must:

• store the Goods separately in such a way that they remain readily identifiable as our property;
• not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
• maintain the Goods in a satisfactory condition.

10. Installation:

10.1 Once any plastering has been completed it must dry completely for 24-48 hours before any decorating takes place. Once the plaster has dried out it will change colour from dark to light and feel dusty to touch. On new plaster it is best to apply a coat of plasterboard sealer (after 48 hours) before decorating.

10.2 Whilst new concreting is taking place/has been carried out, Customers should not stand on or touch the new concrete and must be left to cure for 24 hours.

10.3 Any erected scaffolding must not be touched or climbed upon by owners or occupants for the safety of workers or themselves.

10.4 The Customer agrees that the duly authorised employees of the Company shall have access to the installation address at reasonable times for the purpose of carrying out a detailed survey and completion of the installation.

10.5 All reasonable care will be taken by the Company during installation. The Company is providing and installing the system and will not undertake structural surveys and therefore if the installation cannot be completed or any damage is caused due to existing structural or other defects to your property and existing energy system, the Company will not be held responsible.

10.6 Once installation of the system commences and if we discover that a consequential part of your system already in place is illegal, damaged or unusable, it is the Customers responsibility to pay for any additional work needed (i.e. electrical wiring is not safe). The Company will discuss this with you and any additional costs before any further work is carried out.

10.7 The Customer must agree to provide the following for our use free of charge:

water, washing facilities and toilets; electricity supply; adequate storage space if available; safe and easy access to your property from the public highway; easy access to the location within the property where the installation is to take place by removing belongings.

10.8 You, or a contractor you employ, may need to carry out preparatory work (as described in the letter of quotation) before the installation can start. This work must be carried out and finished before the agreed date on which the installation work is due to start. Any work must be undertaken by a competent person and must be of the necessary quality for the installation. If this preparatory work is not completed before the agreed installation date then the conditions set out for delaying the installation will apply.

10.9 If, after signing the contract the Customer wishes to change the work, the Customer must consult with the Company first. The Company may be able to incorporate the changes into the installation providing, it is technically possible, the resources are available and the necessary permissions are in place.

If the Company agrees to the change of work, the Customer needs to confirm in writing what changes are to be made and within 14 days of the request. Once the changes have been received by the Company, the Company shall adjust the price by written agreement beforehand if possible, or if this is not possible by written agreement at a later date, or by referring to any priced documents if this applies, or by a reasonable amount for the work done or Goods supplied.

Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. The Company shall try to keep these costs to a minimum.

10.10 If any unexpected work should arise from the installation due to site conditions or special circumstances beyond the control of the Company, this will be discussed with the Customer and the Customer will be asked on how to proceed.

11. Payment

11.1 All invoices of the Company shall be paid by the Customer:

Deposit – A deposit of 25% of the entire contract is due, after the seven working day cooling-off period.

Outstanding Balance – The remaining balance is due on completion and commissioning of the installation.

If there is no commissioning work to be carried out the total outstanding amount is to be paid upon completion.

We may require the Customer to pay a further advance payment after the 25% deposit. If required this shall be no more than three weeks before the agreed delivery or installation date. Such further advance payment taken together with the 25% deposit, shall under no circumstances exceed more than 60% of the total Quotation price and shall only be used to carry out this installation e.g. to purchase Goods. We will explain in detail if this is required.

11.2 If any amount of the invoice is disputed by the Customer, the Customer shall inform the Company of the grounds for such dispute within seven days of the invoice and shall pay to the Company the value of the Invoice less the disputed amount in accordance with these terms, until the dispute is settled.

11.3 You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give the Company notice before the final date on which payment is due. In that notice you must state the reasons you are withholding the payment.

11.4 The Company reserves the right to increase a quoted fee in the event that the Customer requests a variation to the work agreed.

11.5 Any late payments shall be subject to a 3% percent daily increase on the outstanding balance, including interest (at Bank of England base rate for that day).

If we do not receive a payment by the seventh day after payment is due, then if applicable we may give you written notice that we intend to stop work on the installation. Once we have sent you this notice, we may suspend all work until payment is made.

If you are in breach of this Contract because you have failed to make an agreed payment, and we have suspended work on the installation, as detailed above, then we may be entitled to recover any additional costs we incur. We will provide you with written notice containing particulars of any claim for compensation within 21 days of any suspension of work.

We may require you to return and deliver the Goods to us. Failing this, we will take legal proceedings to recover the goods or their outstanding value.

Until final payment has been received all materials remain the property of the Company.

11.6 All payments due are within 14 days on receipt of invoice.

11.7 Any deposits which are refunded will be made within 14 days in accordance with the Real Assurance Scheme.

11.8 Payments options – cash, cheque (to be made payable to The Rain, Wind and Sun Company Limited), bank transfer (details to be provided on request) or Credit and Debit cards (Visa, Visa Debit, Visa Electron, Mastercard, Maestro, Solo). All credit cards are subject to a 1.93% surcharge.

12. Timetable:

12.1 Whilst the Company will make every endeavour to install the products in the date or within the period arranged with the Customer, the Company shall in the event of unforeseen circumstances (including weather, strikes, lockouts and non-availability of materials) be entitled to make a later installation and such later installation shall be accepted by the Customer. The Company shall in any event not be responsible for any loss whatsoever arising from or consequential upon delay in installation. Further, the time for such delivery and installation shall not be of the essence of this agreement.

12.2 The Company agree to supply the Goods and carry out the installation work as specified in the timetable set out in the Quotation. Your acceptance of these Terms and Conditions indicate that you agree to proceed using such mentioned timetable. We may adjust the timetable after discussing this with you according to the conditions set out.

12.3 You will be entitled to compensation if the Company causes significant or unreasonable delays due to factors within our control. In the case of major delays to the delivery of Goods or installation then you may be offered different products of equivalent specification, value and quality, so long as they are MCS certified. In the case of major delays to the delivery of Goods not already specified to the Customer you will be entitled to cancel the contract.

We will seek to accommodate small delays by the Customer without recourse to compensation.

If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly.

12.4 The timetable for carrying out the work will be confirmed when the contract is agreed. In setting out the timetable, members will show flexibility, and take into account the consumer's preferred working times and dates, and ask if there are any ‘critical completion deadlines’.

12.5 Members will define clearly any preparation the consumer needs to do. If the timetable depends on this work being done, the member must let the consumer know (for example, by stating ‘two weeks after receiving planning approval’).

12.6 If any time-related bonuses or delay damage clauses will apply, they will be clearly set out in the contract and agreed when the contract is agreed. They must comply with the Unfair Terms in Consumer Contracts Regulations 1999.

13. Risk of Loss:

The risk of loss or damage to the Goods shall pass to the Customer upon installation of the Goods.

14. Completion of Works:

14.1 Once all work is completed, if appropriate the Company will discuss with you an on-going contract for the service of your system.

14.2 With certain products special maintenance may be required. The Company will provide you with the necessary instructions for this on completion of the installation. The Company shall take no responsibility for damaged if the Goods are not cared for or maintenance carried out as per the Company instructions.

15. After Sales Support:

Once the installation is complete and if you require any support with your system please contact 01793 772277 or
email enquiries@rainwindsun.com

16. Complaints Procedure:

For a full copy of the procedure please contact Tracey Butler on 01793 772277 or by email at enquiries@rainwindsun.com

The Company strives to ensure that you are happy with our service. However, if you are unhappy with a product or service then you may wish to complain. Once the work has been completed you have 30 days to make a complaint about the service you have received. You may do this in writing to Tracey Butler, General Manager, Rain Wind Sun, Huntersbrook House, Hoggs Lane, Purton, Wiltshire, SN5 4HQ, alternatively by e-mail to enquiries@rainwindsun.com

Please include in your letter: What went wrong; when it happened; who you dealt with and how you would like it to be settled. Please provide any reference numbers you have been given on quotations or invoices.

If you have a complaint about a material defect you have the warranty period in which to advise us about the problem, you must contact us within 3 months notice of the problem to make a complaint.

How we will handle your complaint:

Once the general manager has received your complaint we will: Look through your complaint thoroughly; as soon as reasonably possible after receiving the complaint and at most within 20 working days, arrange to inspect the system and if you are without hot water or heating we will inspect the system within 24 hours; deal with your complaint confidentially; try to resolve your complaint and give you an answer as quickly as possible; inform you who to contact if you are still unhappy; we will treat you no differently because you have complained; we will treat you fairly and with respect.

17. Conciliation Service:

17.1 If at any time a dispute arises between the Customer and the Company which cannot be resolved amicably then both the Company and the Customer can refer the matter to conciliation. Both parties must agree to conciliation if this is the Customers wish.

17.2 The conciliation service that will be used is that offered by the REAL Assurance Scheme and is described in the Consumer Code. It aims to reach a non-legal solution to the dispute in a reasonable timescale. The REAL Assurance Scheme will appoint a suitably qualified independent expert (or experts) to consider the matter in the light of consumer protection legislation in force. After considering all the evidence, either in writing, or in a face-to-face mediation, the expert will make recommendations, and both parties are strongly encouraged to accept them in the interests of resolving the dispute speedily and effectively.

17.3 If the conciliator's recommendations are not acceptable for any reason, the matter can be referred to the independent arbitration service and the Company will agree, if this is the Customers wish. If the Company would like to seek arbitration the Company will seek your permission first. The procedure used for independent arbitration is described in the REAL Assurance Scheme Consumer Code. Both parties will have to pay a fee equivalent to the County Court small claims procedure fee. This fee will be refunded to the party the arbitrator finds in favour of.

17.4 The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on both parties. Both parties may only challenge the award on certain limited grounds under the Arbitration Act 1996.

18. Correspondence Address:

Huntersbrook House, Hoggs Lane, Purton, Swindon, Wiltshire, SN5 4HQ

19. Intellectual Property Rights / Copyright:

All information included in quotations and supporting documents, emails etc provided to the Customer are strictly confidential and for the use of the Customer only. Under no circumstances shall any information provided by Rain Wind Sun to the Customer be passed onto any third party or competing Company. If any information is found to be passed onto a third party the Customer shall be liable for any damages to Rain Wind Sun.

20. Data Protection:

Information you provide to us will only be used by Rain Wind Sun Ltd. We may collect personal information about you in order to compile our mailing list when you provide us with your personal data. You have the right to apply for a copy of the information held by us about you in terms of the Data Protection Act 1998 as well as to have any of your information updated or corrected.