At E.ON we aim to make everything as straightforward as we can.
Our Terms and Conditions are written in plain English and are as jargon-free as possible. If you would like any help or more information, please get in touch with our customer services team at energyhometech@eonnext.com.
At E.ON we aim to make everything as straightforward as we can.
Our Terms and Conditions are written in plain English and are as jargon-free as possible. If you would like any help or more information, please get in touch with our customer services team at energyhometech@eonnext.com.
Please read these Terms & Conditions carefully. When you complete, sign and return the Proposal, you enter into a legally binding contract with E.ON upon these Terms & Conditions. If you subsequently change your mind and decide to cancel the contract, you may be responsible for paying us fees – see Clauses E and L of these Terms & Conditions for more information about this.
A. Background
1. These are the Terms, which together with the Proposal comprise the Contract. In these Terms & Conditions the following terms shall have the meaning given to them here, unless the context otherwise requires.
Commencement Date: means the date on which you sign and return the Proposal, at which point the Contract is formed between you and E.ON.
Contract: means the legally binding contract between you and E.ON comprising these Terms and Conditions and the Proposal, which comes into force on the Commencement Date, and pursuant to which E.ON will supply the Goods and Services to you.
Delivery Date: means the estimated date that E.ON aims to deliver the Goods and commence the installation of the Goods, as may be varied in accordance with these Terms and Conditions.
EEISL means E.ON Energy Installation Services Limited (a company registered in England & Wales with company number 09965944).
E.ON Next means E.ON Next Energy Limited (a company registered in England & Wales with company number 03782443).
E.ON means EEISL and E.ON Next together.
Fee: means the total amount that you must pay us for the Goods and Services, as outlined in the Proposal.
Goods: means the items specified in the Proposal that E.ON has agreed to supply to you.
HIES: means the Home Insulation and Energy Systems Quality Assured Contractors Scheme (a division of the Integrity Foundation (reg. no. 07972075).
MCS: means the Microgeneration Certification Scheme, accredited under NIC5755
Installation Plan: means the plan which E.ON will produce to explain what is going to happen, any health and safety issues that you need to be aware of, any preparations that you may need to make (such as moving furniture or valuables or clearing space), the arrangements for access to your property by the installation team, any special instructions to protect your children or pets and what E.ON will be doing with waste and materials that E.ON need to take away.
Marketing Materials: means brochures, drawings, illustrations, literature, samples or such other marketing materials.
Preparatory Work: means any work that E.ON is contracted to do prior to installation of the Goods.
Proposal: means the detailed description of the Goods and Services that you require E.ON to supply to you and any documents referred to therein.
Services: means the delivery, installation and professional services specified in the Proposal that E.ON has agreed to provide to you.
You, your: means the person(s) whose details are set out in the Proposal.
2. No variation to this Contract will be valid unless it is made in writing and approved by both you and E.ON.
3. If E.ON chooses not to enforce any part of this Contract, or delays in enforcing it, this will not affect E.ON’s right to enforce the same part later (or on a separate occasion) or the rest of this Contract. If E.ON cannot enforce any part of this Contract, this will not affect E.ON’s right to enforce the rest of this Contract.
4. Pictures, text, videos, and other material contained on the E.ON's website(s) and literature are subject to copyright restrictions and must not be copied or reproduced without the written consent of E.ON.
1. EEISL is authorised and regulated by the Financial Conduct Authority (FCA) as a credit broker under firm reference number 750410. E.ON Next is an Introducer Appointed Representative of EEISLand is authorised and regulated by the Financial Conduct Authority under Firm Reference Number 973651. Zuno Partners Limited is an Appointed Representative of EEISL, authorised and regulated by the FCA under firm reference number 1043798 and may introduce you to HomeServe Finance Limited if this is your preferred option of payment. EEISL works exclusively with HomeServe Finance Limited who acts as the lender under Firm Reference Number 994955. Credit subject to status, affordability and a credit check. HomeServe Finance Limited terms and conditions apply
B. Specification of Goods
5. The Goods which you have ordered are described in the Proposal.
6. We try to keep information on the website and in Marketing Materials relevant and up to date. However, such information should be used as a guide only because products and services are frequently updated and changed.
7. E.ON may have shown you Marketing Materials to provide you with an approximate idea of the Goods. Although we have made every effort to display the Goods correctly, they may vary slightly from the colour or composition shown. All specifications are approximate only and are subject to normal margins of tolerance for the materials and installation in question.
8. E.ON has taken measurements for your Goods to enable us to order the right materials to complete the Contract. It may be necessary for E.ON to carry out a survey to verify our measurements and to develop an Installation Plan.
C. Performance Calculations
9. E.ON has estimated the energy performance calculations and provided these with your Proposal. Our standard calculations are based on standard calculations approved for use by the Microgeneration Certification Scheme (or any equivalent approved by HIES). Where E.ON has referred to energy inflation or other statistical information, we have used information publicly available from the Office for National Statistics.
10. The performance of energy systems is impossible to predict with certainty due to the variability in fuels and energy sources, climatic variations, local obstructions or environmental conditions and differences from location to location. The estimates provided in this Contract are for guidance only and must not be considered as a guarantee of performance.
D. Communication
11. When you place an enquiry with E.ON via our website, E.ON will send you an email including details of the Proposal and stating:
a. details of the Goods and Services you wish to purchase.
b. the total cost for those Goods and Services (i.e. the Fee), including VAT where applicable, and schedule of when each part of the Fee must be paid by you. Please note this may be subject to change if additional costings are discovered during your survey, if this is the case we will send you a revised cost.
c. arrangements for delivery, including delivery charges (if any);
d. any statutory fees which may be required (such as planning consent fees) and who will be responsible for the payment of those fees.
e. any charges for credit.
f. any other cost items, whether optional or mandatory.
g. the minimum duration of the Contract and arrangements for terminating the Contract.
h. how and when you can cancel the Contract and who pays for returning the Goods (if applicable).
i. an address where complaints can be sent; and
j. any guarantees or after-sales services E.ON offers.
E. Preparatory Work & Changes
12. By entering into the Contract, you give E.ON permission to go ahead with any Preparatory Work specified in the Proposal. If you change your mind and cancel the Contract after commencement of these Preparatory Works, you will be charged a reasonable proportion of the Fee shown for those Preparatory Works in the Proposal. Please see Clause L below.
13. E.ON may need to make minor changes to the Goods specified on the Proposal if there is a change in laws, regulatory or technical requirements or improvements. These changes will not adversely affect the use or nature of the Goods.
14. You may ask E.ON to make changes to the specification of the Goods in advance of delivery. E.ON will advise you if your requested change is possible and any consequences of that, including to the Fee, the Delivery Date or anything else. Any agreed change will be confirmed by E.ON in writing.
15. During E.ON’s Preparatory Work (perhaps as a result of a survey or as a result of your EPC assessment), it may be necessary to make more substantial changes to the Proposal. We will discuss these with you to determine if the change is possible and any consequences of that, including the Fee, the Delivery Date or anything else. If significant changes are required, E.ON will place the Contract on hold for up to 14 days to enable you to consider whether or not you wish to proceed. At the end of 14 days, if no agreement on the changes is reached, the Contract will be terminated. You will receive a refund of any deposit paid within a further 14 days less, at E.ON’s discretion, any fees and charges due for the Preparatory Work completed up to the date of termination. Otherwise, any agreed change will be confirmed by E.ON in writing.
16. Where any consent or certification is required from your local ‘Distribution Network Operator’ (DNO) for your installation to be connected to the distribution network (we will confirm if this is applicable to you), all relevant consents and certifications must be obtained. In order to do this, we will liaise with your local ‘Distribution Network Operator’ (DNO) on your behalf provided you give us authority to do so by signing and returning the letter of authority which we provide to you. Where the DNO notify E.ON that a network infrastructure upgrade is required, we will inform you of these costs for your consideration and E.ON won't be liable to pay for these charges on your behalf.
F. Delivery of the Goods
17. E.ON works hard to ensure the delivery of the Goods happens on time. However, sometimes delivery issues occur (including for issues beyond our reasonable control), and this does not give you an automatic right of cancellation. We will discuss any reasonable changes to the Delivery Date with you. For the avoidance of doubt, time is not of the essence in respect of the Delivery Date.
18. You are responsible for notifying E.ON of any local restrictions that could impact the delivery of the Goods, for example local parking restrictions, steep stair climbs, stair climbs longer than 20 steps, on foot carrying distances greater than 30 metres.
19. You (or someone you know) must be present at the property when the Goods are scheduled to be delivered.
20. You are responsible for keeping the Goods secure and dry once delivered. If equipment is damaged, removed or packaging opened then you will be liable for any costs or losses incurred by you and/or E.ON.
G. Inspection of the site
21. After an enquiry is placed with E.ON, you must send photos to us using a customer specific weblink. This link is displayed on screen immediately after the enquiry is placed and also sent via email. By viewing the photos in advance, we can then discuss any technical aspects of the installation with you during the telephone survey, prior to the engineer attending your property for the installation. This helps to ensure that the installation process runs as smoothly as possible, for example by ensuring the right equipment and materials are delivered to enable a suitable installation.
22. You agree that any photos supplied during or after the ordering process are true and accurate images of what the engineer will see at your property.
23. If, upon physical inspection of the site, it is determined that equipment ordered is unsuitable or technically not possible to install as ordered (due to no fault of yours), then E.ON will inform you of why the installation cannot go ahead as ordered and discuss alternative options including any delay to installation that may be incurred. If you decline the alternatives offered, or if no alternatives can be offered, then E.ON will give you a full refund and remove any materials that may have already been delivered to site. However, if the issue arises as a result of incorrect, incomplete or misleading photos or information which you have provided, you will not receive a refund of any monies paid and you will be responsible for any costs involved removing the unsuitable Goods and (if requested by you) reproducing and redelivering alternative Goods.
24. If something within your control (such as removal of asbestos or improving existing infrastructure) prevents delivery and/or installation of the Goods ordered for more than 3 months after the date of the Contract with E.ON, then E.ON may terminate the contract and E.ON will be entitled to retain reasonable monies in relation to the contract. E.ON shall repay the remaining balance of the Fee to you, after it has deducted all administrative costs and outstanding and unavoidable commitments which it has reasonably and properly incurred in respect of the supply of Goods and Services up to the date of such termination.
25. In exceptional cases e.g. We are unable to find a suitable location for the external Heat Pump Unit or Hot Water Cylinder), E.ON reserves the right to cancel the Contract. Should E.ON cancel the Contract, E.ON will refund any money you have already paid in relation to the Contract.
26. If, upon physical inspection of the site, E.ON determines that more equipment or a significant amount of extra work is required, then E.ON will inform you of any increase to the Fee prior to costs being incurred. You will also be informed of any delay to installation that may be incurred. If you decline any extra equipment or work required to facilitate the installation work, you are entitled to a full refund.
27. Any changes in materials and/or specifications from those detailed in the Contract will only apply when supported by an Amendment to Proposal document issued by E.ON, which must be approved in writing by you.
H. Carrying out installation work
28. We will prepare an Installation Plan for you, which will set out the specific requirements for your installation.
29. You will need to:
a. provide free and safe access to, around and from your property (both internal and external access will likely be required) at all reasonable times on the agreed dates so that we can deliver and install equipment;
b. provide free access to electricity (where applicable) for installing and testing your Goods;
c. provide access to a toilet, hot and cold running water and your power supply; and
d. relocate any television systems at or near to the place where the Goods will be installed.
Each installation is different, and E.ON may notify you of any additional requirements for your installation from time to time.
30. E.ON engineers come to work to deliver services in your home. They aim to treat you courteously at all times and expect you to treat them in a similarly respectful way. We take seriously any threatening, abusive or violent behaviour against any of our engineers. Where an incident of threatening, abusive or violent behaviour towards our engineers occurs, the engineer will immediately leave your home and the incident may be reported to the police. E.ON will not send another engineer to your home until an investigation and risk assessment has been carried out. E.ON reserves the right to terminate the Contract should the work environment be deemed unsafe for our engineers.
31. It is your responsibility to ensure there is adequate vehicle parking for the engineers to park their van within 25 meters of the entrance to your property. If a permit for parking is required, it is your responsibility to organise the permit or notify E.ON of the restriction at least two working days before the engineers arrive and delivery of the Goods is due to take place (or at the time of ordering, whichever is sooner).
32. Prior to the delivery of the Goods, it is your responsibility to secure any permissions, licences or permits that may be required to authorise the installation. Examples of such permits include but are not limited to: listed building consent, landlord consent or freeholder agreement, buildings regulations approvals, and local authority approvals and party wall act agreements. By entering into this Contract, you confirm that this has been done. E.ON will not be responsible or liable for any failure by you to secure any necessary permissions, licences or permits.
33. Existing electrical systems and other equipment should all be in working order. If they have been poorly installed or have become faulty any such failure or consequential damage is in no way the responsibility of E.ON (irrespective of whether an engineer working on behalf of E.ON has touched them or not).
34. When completing the installation of electrical cables and pipework, we will discuss the route for these with you. Please note that the cables and pipework will need to be installed in a way which is safe and makes the most functional sense from an electrical and plumbing point of view; we cannot only take into account aesthetic considerations. For example, cables and pipework may need to be surface mounted and clipped in place. Our engineers will not bury cables or pipework in the walls, under the ground or box the cables and pipework in.
35. E.ON will always try to complete work before 6pm on the day of installation but may on occasion need to use a reasonable amount of overtime to achieve completion. It is a condition of this Contract that your approval to such overtime is granted, although we will endeavour to minimise any disruption or inconvenience.
36. Whilst engineers will take reasonable care not to damage your property, including the wiring, plumbing and other services at your property, necessary and unavoidable damage may be incurred when carrying out the work. E.ON will not be liable to make good such damage. Cuts or holes made to allow for the installation of the Goods or for our equipment will be made good but not permanently finished or re-decorated. It should be anticipated that an amount of redecoration may be required, and this will be your responsibility and is not included in the Fee.
37. E.ON will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your property (whether they are visible or not). If you are unsure of the structural integrity of your property, you should engage an appropriately qualified structural surveyor prior to any attendance E.ON may arrange in connection with the Contract.
38. When installing the Goods at your home, our engineers will need to inspect existing relevant infrastructure to ensure it meets current regulatory standards and is of suitable performance. It is also possible that a problem with your property will become apparent in the course of installing the Goods (including obstructions, the presence of asbestos or hidden cabling). We will draw any issues to your attention as soon as possible and we will give you the option to either remedy the issue to allow the Goods to be installed, or cancel the Contract, in which case we will issue a full refund. If you do not wish to authorise the required additional work(s) but still wish for the Goods to be installed, we will leave the Goods at your property for installation by another company. In such circumstances you will be liable to pay all reasonable costs incurred which may be the Fee in full or a significant proportion of the Fee.
39. Where any equipment is to be installed in a loft space, access to the loft must be via a fixed loft ladder. From the top of the fixed ladder the loft must have a suitably boarded walkway to the proposed equipment location, the hatch will need to be able to be sealed off whilst an engineer works in the loft.
40. The engineer will take pictures of your installed Goods and relevant infrastructure for our auditing process and for our own records. The engineer may also attend your property with other people including managers, supervisors, trainees, or apprentices. From time-to-time E.ON may use pictures of your installed Goods for marketing purposes.
41. During installation, our health and safety plan requires the engineers to have access to working communication devices. If for any reason an engineer is unable to get mobile phone reception, you agree to make available to the engineer access to your telephone and internet connection for no charge.
42. Upon completion of installation, you (or your representative) may inspect the work before the engineer departs. Once E.ON’s engineer is satisfied that the installation is complete, and you (or your representative) are satisfied with the installation and you have paid the Fee in full, then the installation will be complete.
43. Sometimes things do not go to plan with the installation. You agree to give E.ON and our engineers reasonable opportunities to put things right by providing access to your property and reasonable time to remedy any faults or problems. In addition to this, you should undertake all reasonable steps to minimise or avoid any losses you may suffer as a result of the actions (or non-actions) of E.ON or our engineers.
44. The Goods may sometimes not function correctly once first installed (for example a part may have become dislodged internally during transit). E.ON works proactively with both customers and product manufacturers/suppliers in such circumstances to rectify the issue as quickly as possible. Sometimes faulty equipment needs refitting which can cause delays and inconvenience; E.ON will do all that we reasonably can to minimise disruption to you.
45. E.ON will remove waste from your property not more than 7 days following completion of the installation. We will provide you with details of our waste carrier, including their registration number. Unless we agree otherwise, E.ON will not be responsible for removing any waste which is not produced as a direct consequence of our performance of the Services or delivery of the Goods, that is hazardous (including but not limited to asbestos) or which otherwise comes from your home or garden.
46. E.ON is not liable for any loss of profit, loss of business, business interruption or business opportunity under any circumstances.
47. You must ensure there is a Wi-Fi connection at the property with sufficient reception to enable communications with the installation. You shall be responsible for any extension to the Wi-Fi connection should it not have sufficient reception. Some of the manufacturers’ warranties may be dependent on the continuous provision of an internet connection for their products - please review their warranty documentation to ensure you are aware of any requirements in this regard.
I. Ownership of the Goods
48. You take responsibility for risk of damage or loss to the Goods from the date that we deliver the Goods to your home.
49. You obtain title (ownership) of the Goods when we receive payment of the Fee in full without any set-off or counterclaim.
50. You obtain title (ownership) of the Goods when we receive payment of the Fee in full without any set-off or counterclaim or a properly executed finance agreement is in place with a finance provider who will pay us for the Goods and Services on your behalf. However, in the event that you enter into a finance agreement please be aware that there may be terms governing title (ownership) between you and the finance provider.
J. Insurance
51. It is your responsibility to notify your household buildings or contents insurers, if required, of any change to your property as a result of the installation of the Goods to ensure appropriate insurance cover is in place. You are strongly recommended to check your insurance policies and terms and conditions to check whether such notification is required. If in any doubt, you should notify your insurers before installation takes place.
K. Fee and Payment Terms
52. The full Fee is shown clearly in the Proposal, we may amend the Fee by agreement with you, following on from the telephone survey or any additional matters that arise in the course of delivering the Services. E.ON will agree any amendments to the Fee in writing with you.
53. You will pay us a deposit of 25% of the total Fee on the date you sign and return the Proposal. This deposit will be protected by HIES. Please note that HIES will not cover deposits in excess of 25% of the Fee or £5000 (whichever is the lesser). For more information about HIES’ protection of the deposit, please visit their website: https://www.hiesscheme.org.uk/ .
54. Once the Goods have been manufactured, they will be allocated to you and you will pay E.ON a further staged payment amount equivalent to the value of the Goods, as detailed in the Proposal.
55. On completion of the installation, you will pay the final balance of any sums due within 7 days.
56. We accept payment by credit or debit card, and by finance agreement. Payment is only deemed to have been received once the funds are showing in E.ON’s bank account as cleared funds. If you instigate an attempt to clawback payments (for example requesting a credit card chargeback) without legitimate cause then E.ON can recover any costs and/or losses associated with dealing with and defending such action.
57. The final invoice will be issued by E.ON to you after the final payment has been made and the Goods have been installed.
58. Whilst any payment is outstanding, E.ON is entitled to delay or defer any or all work without liability to you. In addition, we may levy interest at the rate of up to 2% above the base rate of our bank from time to time. Any interest due will be calculated and added to your bill and accrue from the date on which payment was due to the date of payment, whether before or after any judgement against you. We may also charge you for our legal, administrative and other costs incurred in seeking to recover the overdue payment.
59. If you would prefer to pay for the Goods and Services using a finance package, Zuno Partners Limited an Appointed Representative of EEISL may introduce you to a third-party finance provider, HomeServe Finance on a referral only basis.
60. You will need to enter into a separate agreement with the finance provider. Payments will be automatically processed between E.ON and the finance provider when the relevant payment becomes due.
61. If you have entered into a credit agreement with a finance provider and the credit agreement is terminated or cancelled, then subject to the terms of the 1974 Consumer Credit Act, the Fee will become immediately payable by you. This does not affect your statutory rights.
62. The Fee includes VAT unless otherwise stated.
63. If you unreasonably fail or delay in your obligations, including providing instructions to us, any extra expenses thereby incurred, or losses suffered by E.ON shall be chargeable to you in accordance with these Terms and Conditions as well as our reasonable administration and overhead costs.
L. Cancellation
Within 14 days from the date on which this Contract is formed
64. You have the right to change your mind and cancel this Contract within 14 days from the date of this Contract is formed i.e. the date you sign and return the Proposal indicating your acceptance of these Terms and conditions without giving any reason.
65. To cancel the Contract in accordance with the above clause you should tell us as quickly as possible and confirm this in writing. We have attached a form to these Terms & Conditions which you can use, but you do not need to. You can notify us of cancellation by getting in touch using the details in these Terms & Conditions.
66. If you cancel the Contract and no Goods have been provided or Services carried out (including any Preparatory Work), you will receive a full refund on any monies paid within 14 days.
67. If you cancel the Contract after we have provided any Goods or carried out any Services (including any Preparatory Work), we may charge you reasonable fees, provided:
a. it is a reasonable reflection of the value of the work carried out, and
b. you gave us permission by signing the ‘Express Request for Work to Commence’ form within the cancellation period.
68. If E.ON has completed (or partially completed) an installation within 14 days of the date on which this Contract is formed, you should think carefully about the consequences of cancelling the Contract at this stage. You must pay for the goods and services provided to the date of cancellation or allow E.ON to return to your property to remove the Goods. You should plan carefully for this. E.ON will carefully remove the Goods and leave your property safe, secure, and watertight. It is likely to be impossible to refit your old goods back into the property and E.ON is under no obligation to do so. However, we will ensure that any gas or water pipes are safely capped off and your property boarded or sealed so that it is temporarily protected from bad weather. E.ON will charge you a reasonable proportion of the Fee for the work done up to and including installation plus an additional sum to reflect our costs in de-installing and removing the Goods from your property. This means that you could be charged a significant proportion of the Fee and incur further reasonable costs.
After 14 days from the date on which this Contract is formed
69. If you wish to cancel after 14 days of the date on which this Contract is formed, you will: (i) lose your deposit; and (ii) E.ON will be entitled to charge you for any reasonable costs incurred, unavoidable commitments entered into, Services performed, or Goods delivered up to and including the date you cancel. For the avoidance of doubt, if you wish to cancel on or after the date of installation, you will be responsible for the full Fee.
M. Goods and Services – Workmanship Guarantee and Warranty Specification
Workmanship Guarantee
70. EEISL is required under the HIES Code of Practice to provide you with a Workmanship Guarantee.
71. EEISL guarantees all work will be carried out by engineers using reasonable care and skill. They will use a level of reasonable care and skill as it is reasonable for you to expect. The guarantee period for the installation services shall be 2 years from completion of the installation. Further terms of the Workmanship Guarantee will be provided to you in our Customer Handover Pack.
72. The Workmanship Guarantee will be underwritten with an Insurance Backed Guarantee. You will be entitled to claim on this insurance policy should EEISL cease to trade and not be in a position to honour such a guarantee.
73. EEISL will ensure that if your property changes ownership there will be no charge to transfer any workmanship guarantee to the new owners of your property.
74. EEISL will register the completion date of this Contract with HIES within 7 days of completion in order that an Insurance Backed Guarantee is issued to you to underwrite the Workmanship Guarantee.
Warranty Specification
75. Most Goods of significant value supplied by EEISL come with a manufacturer backed parts and labour warranty, provided they have been inspected and maintained annually. For example, the Heat Pump and Unvented Hot Water Cylinder must be inspected annually by an approved engineer. The cost of servicing and inspecting after installation is not included in the Fee unless explicitly ordered during the purchase process. You must organise and retain service records for your Goods, which must be produced to EEISL or the manufacturer upon request if making a claim under the warranty. After the installation, EEISL will register your Goods warranty with the manufacturer and email you the relevant details. For the avoidance of doubt, the warranty is provided by the manufacturer of the Goods supplied and not by EEISL.
76. E.ON will provide details of all Goods warranties in the Customer Handover Pack on completion of the installation.
General
77. Limitation of liability
a. Nothing in this Contract shall limit or exclude our liability for:
b. death or personal injury caused by our (or Our sub-contractors) negligence;
c. fraud or fraudulent misrepresentation; or
d. any other provision which is not permitted to be limited or excluded by law.
78. Our total liability to you in relation to this Contract shall not exceed £100,000 (one hundred thousand pounds). We shall not be liable for (whether in contract, tort breach of statutory duty or otherwise) any loss of profit, indirect or consequential loss arising in connection with this Contract.
79. So far as the law allows the only warranties and/or terms which apply to the Installation are those set out within this Agreement.
80. Neither E.ON nor the manufacturer of any Goods will be liable to you, whether under this Contract or otherwise where any failure, fault or problem arises as a result of:
a. any failure by you or third parties in the care, operation, inspection, servicing, or maintenance of any of the Goods which is not done strictly in accordance with the manufacturer’s instructions. You are responsible for maintaining full and accurate service records for all equipment, without such records any warranty will be void;
b. any damage caused by you or third parties in attempting to repair a fault with the Goods, without our approval; and
c. any deliberate, negligent or careless damage or vandalism to the Goods.
81. The replacement of any lamps, bulbs or filaments are also excluded from the warranty as are any control devices or other such devices that may be connected to, or part of, the Goods after the expiry of the individual items relevant warranty as detailed by the manufacturer..
82. You must notify the manufacturer of any warranty claim in respect of the Goods or components of the Goods as soon as reasonably possible once you become aware of a fault. The manufacturer’s contact details are supplied in the Customer Handover Manual, or you can email energyhometech@eonnext.com
83. The warranty applies specifically to the Goods installed as part of this Contract. Any existing controls, electrical cabling, pipework, or other equipment or other devices are completely excluded from any warranty offered.
84. Neither E.ON, nor any engineer appointed by E.ON, is under an obligation to carry out any visual inspection or testing on any existing equipment (except as part of their regulatory duties). The risk of any of existing system failing once the Goods are installed is solely your responsibility. If you wish to reduce this risk you can, at your own expense and independently of E.ON, organise a suitable inspection and test of your existing systems prior to the installation of the Goods.
85. If E.ON re-attends your property at your request but no fault is found, or the issue relates to something E.ON is not responsible for, then E.ON reserves the right to make a reasonable charge to cover costs for such an attendance.
N. Defective Goods or Service
86. If You have a concern or complaint about the Goods or Service, please let us know as soon as possible by writing to E.ON Next, Trinity House, 2 Burton Street, Nottingham, NG1 4BX, or alternatively emailing us at energyhometech@eonnext.com. If you need to call us, you can do so by calling 0345 366 5981. Your rights as a consumer are set out in legislation and you can find out more about them at http://www.citzenadvice.org.uk. You agree to cooperate with us in the investigation of your concern or complaint, including by allowing us access to your property.
87. As noted above, the Goods may have a manufacturer’s guarantee. If the fault is a manufacturing fault, we will work with the manufacturer to repair or replace the Goods. For convenience, many manufacturers prefer to deal directly with customers, but E.ON will retain primary responsibility for resolving your concern or complaint.
88. In the event of an unresolvable issue, you can refer your case to EEISL’s nominated alternative dispute resolution provider through HIES. HIES can be contacted at:
T: 0344 324 5242
E: info@hiesscheme.org.uk
Centurion House, Leyland Business Park, Centurion Way, Leyland, PR25 3GR
89. You agree that in the event of a dispute, you and EEISL will attempt to resolve the matter using HIES’ alternative dispute resolution service. If we are unable to resolve the dispute through mediation, the complaint can be referred by HIES to the Dispute Resolution Ombudsman, who is entirely independent of HIES.
90. If we can’t resolve your complaint there and then, we will carry out a full review and aim to resolve your complaint within eight weeks. Please see our website for more details on how we aim to deal with complaints. If we haven't resolved your complaint after eight weeks, or we have sent you a final resolution letter (also known as a deadlock letter) to say there's no more we can do, you can refer your complaint to the Utilities Alternative Dispute Resolution Service. It's a free and impartial service that sorts out disputes between companies and customers. You can get in touch with them via their website www.utilitiesadr.co.uk.
91. If your complaint about the Installation could cause potential harm to you, your possessions or members of the public we will escalate the complaint and will visit the site to resolve the issue within 24 hours.
92. If your complaint relates to our credit broking services where Zuno Partners Limited (an Appointed Representative of EEISL) have introduced you to a credit lender, you may be able to refer your complaint to the Financial Ombudsman Service; The contact details for the Financial Ombudsman Service are: Telephone: 0800 023 4567; Email: complaint.info@financial-ombudsman.org.uk Website: www.financial-ombudsman.org.uk; Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR. We will confirm in writing whether you are eligible to escalate Your complaint to an Ombudsman Service.
93. This Contract is subject to the applicable laws of England. The parties agree that, in the event of a dispute, we will attempt to resolve the dispute through HIES’s alternative dispute resolution service or UADR. Subject to where the parties agree to attempt to resolve any dispute through HIES’s alternative dispute resolution service, the courts of England and Wales will have exclusive jurisdiction to hear any dispute arising from this Contract.
94. If any court, ombudsman or any other competent authority decides that any aspect of any term of this Contract is invalid or unenforceable, that aspect of that term shall be severed from the Contract and shall have no effect on the remainder of the Contract.
O. Transfer of Rights and Third Parties
95. In the event of E.ON ceasing to trade and not being in a position to honour our obligations under this Contract, we may transfer our rights and obligations under this Contract to a suitably qualified third party of our choosing. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract.
96. You may not transfer your rights and obligations under this Contract to any other person without our consent. The limited exception to this is if EEISL is in default of any award made by our nominated alternative dispute resolution provider, in which case you may transfer your rights to HIES for the purpose of recovering that award from EEISL.
97. This Contract is made between you and E.ON. No third party has any rights to enforce any of the terms of this Contract.
P. Using Your Personal Information
We will use your personal information in accordance with our Privacy Notice, which is available on our website.
General provisions
98. General provisions
a. Aside from intellectual property rights (trademarks, design rights, copyright, know how, business names etc) already owned by third parties all intellectual property rights associated with this Contract shall be owned by us.
b. This Contract including the Schedules, and Your Proposal is the entire Contract between you and us.
c.Neither you or us shall be responsible to the other for any failure to perform, delay in performing or imperfect performance of any of its obligations under this Contract to the extent that this failure, delay or imperfect performance is due to a force majeure event (event or circumstance outside our or your reasonable control which cannot be prevented or avoided such as severe weather conditions).