Terms and Conditions for SolarExchange
Effective July 2011
About E.ON and Mark Group
E.ON are working with the Mark Group Limited, one of the country’s leading solar installers, to offer you
this service. You’ll enter into a contract (in the form of a lease agreement) with Our Generation Limited, an
associated company of Mark Group, to keep the solar electricity system on your property for 25 years and
3 months. The contract will allow you to use the solar electricity produced by the system for free. Neither
E.ON nor the Mark Group Limited will be a party to the contract.
1 Glossary
1.1
In these Conditions:
‘Cancellation Regulations’ means The Cancellation of Contracts made in the Consumer’s Home or Place of Work etc.
Regulations 2008.
‘Conditions’ means the terms and conditions of sale set out in this document. It also includes any special terms and
conditions agreed in writing between You and Our Generation.
‘Consumer’ has the same meaning as in the Cancellation Regulations.
‘Contract’ means the contract to be entered into by Our Generation and You for the installation of the Equipment, and
the supply of the Services, comprising these Conditions, the Specification and the Lease.
‘E.ON’ means E.ON Energy Solutions Limited, a company registered in England and Wales with company number
03407430 whose registered office is situated at Westwood Way, Westwood Business Park, Coventry, CV4 8LG.
‘Equipment’ means the solar photovoltaic equipment which Our Generation will install according to the Contract, and
any replacement equipment. This includes fixings and ancillary equipment, including panels, meters, inverters,
monitoring equipment, associated works, cabling, and other media, together with the conduits they’re in.
‘Lease’ means the lease agreement to be entered into by You and Our Generation.
‘Mark Group’ means Mark Group Limited, a company registered in England and Wales with company number 01304470
whose registered office is situated at 70 Boston Road, Leicester, LE4 1AW.
‘Our Employees’ means employees and representatives of Our Generation, as well as employees and representatives of
Our Generation’s affiliates, agents, successors or assignees.
‘Our Generation’, ‘We’, ‘Our’ or ‘Us’ means Our Generation Ltd, a company registered in England and Wales with company
registration number 06915843 whose registered office is situated at 12-13 Ship Street Brighton, East Sussex BN1 1AD.
‘Property’ means the address in the Contract where the Equipment is delivered to You or the Services are supplied to
You.
‘Services’ means those services to be carried out by Our Generation, or by a third party subcontractor on Our
Generation’s behalf, in accordance with the Contract.
‘Specification’ means the type, quantity, quality and description of Equipment that Our Generation agree to supply and
the Services Our Generation agree to perform.
‘You’ means the person or persons who receive(s) the Equipment and Services from Our Generation.
1.2
In these Conditions, any references to a statute or statutory provision shall, unless the conext otherwise requires, be
interpreted as a reference to that statute or statutory provision as amended, consolidated, modified, extended, reenacted or replaced from time to time.
2 Your Contract
2.1
We (or one of our agents or affiliates) will survey the Property and prepare a Specification. Subject to You confirming you
are happy to proceed with the process, You’ll enter into the Lease to let Us (or one of our agents or affiliates) install the
Equipment, and to govern the rights and obligations between You and Us.
2.2
These Conditions and the Lease’s terms are the only terms and conditions that govern Your Contract with Us. Where a
conflict arises between these Conditions and the terms of the Lease, then the terms of the Lease apply.
2.3
Variations to the Contract aren’t binding, unless We’ve agreed them in writing.
2.4
You have the right to cancel the Contract in accordance with the Cancellation Regulations. This right – including a set
cancellation period – is detailed in the Notice of the right to cancel which will be sent to You. Ultimately, from the date
you receive the Notice, you will have seven days to cancel the Contract.
2.5
If You want to cancel the Contract at any time after the Equipment has been installed, then, unless We breach the
Contract, You’ll have to pay an Early Termination Fee, the details of which are set out in the Lease. For details of the early
termination fees see eonenergy.com/earlytermination.
3 Changing the Specification
3.1
Our Generation reserves the right to make changes to the Specification to comply with any legal requirements or to
safely install the Equipment and carry out the Services, or to reflect essential changes in the technical specification after
the initial survey.
3.2
Subject to the provisions of this section 3, We’ll supply a revised Specification if any amendments need to be made to it.
3.3
Except as outlined in the Cancellation Regulations, You can’t cancel or vary the Specification that We‘ve produced, unless
We agree in writing.
4 Access to Your property
4.1
You are responsible for:
4.1.1 Giving Our Generation safe access to the Property from the public highway;
4.1.2 Preparing the area in and around the Property for Us to carry out the Services;
4.1.3 Clearing all Your belongings to enable Us to carry out the Services and install the Equipment; and
4.1.4 Allowing Us and Our Employees reasonable access to the area in the Property where the Services are to be carried out.
4.2
If You fail to provide the reasonable access We require in accordance with Your obligations under section 4.1.4 above, We
may refuse to deliver the Equipment or carry out the Services without liability to You.
5 Your rights and Our liabilities
5.1
We are not liable for any damage that We, or Our Employees, cause to Your belongings if You don’t clear them as per the
requirement to do so in section 4.1.3 above.
5.2
We will not be responsible for losses that were actually unforeseeable when the Contract was formed or for losses not
caused by Our breach of the Contract.
5.3
We won’t be liable to You for any losses associated with pre-existing defects in wiring at the Property. For example,
wiring that doesn’t comply with regulations in force when we perform the Services.
5.4
These Conditions don’t affect Your statutory rights as a consumer. You can get more information regarding these from
the Trading Standards Department or the Citizens Advice Bureau.
5.5
Nothing in these Conditions limits or excludes, or is intended to limit or exclude, Our liability for death or personal injury
caused by Our negligence.
5.6
If We delay the performance of our obligations in relation to the Equipment or Services, or if we fail to perform them at
all, We shan’t be liable to You or be deemed to be in breach of Contract if such delay comes about as a result of a cause
that’s beyond Our reasonable control. In that case, We’ll contact You to agree an alternative date.
5.7
Subject to the rest of this section 5, Our total liability in contract, tort, (including negligence or breach of statutory duty)
misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance
of the Contract shall be limited to £50,000.00.
6 Data Protection
6.1
Our Generation, together with its affiliates, and their respective employees or agents (including the Mark Group and
E.ON), may use information acquired about You as part of this process to:
6.1.1 Identify You during communications;
6.1.2 Help to manage Your accounts, services or products provided by Us and/or E.ON, throughout the Contract and following
termination/cessation;
6.1.3 Help detect fraud or loss; and
6.1.4 Write to or telephone You with information about services or products offered by Our Generation, E.ON or any of their
respective associated companies, but only if You consent.
6.2
As part of this offer, You will need to provide Your details to E.ON who will share this information with the Mark Group,
Our Generation and their lawyers in order to complete the Contract and to deliver and install the Equipment.
7 General
7.1
Any notice given by You or Us to each other under these Conditions should be in writing.
7.2
If You’re writing to Our Generation, You should use the address below:.
Our Generation Ltd
70 Boston Road
Beaumont Leys
Leicester
Leicestershire
LE4 1AW
7.3
If We’re writing to You, we’ll use the address You’ve given to Us (through your exchanges with E.ON).
7.4
If We waive a breach of Contract by You at any particular time, it doesn’t mean we’ll waive any subsequent breaches of
that or any other provision of the Contract.
7.5
If any provision of these Conditions is proven by a court of law or government body (such as Trading Standards) to be
invalid or unenforceable in whole or in part, the rest of the Conditions will remain valid and enforceable.
8 Jurisdiction
8.1
The Contract and these Conditions are governed by English law and any disputes will be referred to the English Courts.
8.2
Without prejudice to any other rights or remedies We may have. We shall be entitled to withdraw this offer at any time.