Breakspeare Energy Terms and Conditions

Please ensure that You read these terms and conditions carefully, as it contains both helpful and important information about the Installation of Improvements included in Your Agreement. If You think that there is a mistake or require any changes to Your Agreement, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us. If You wish to simply talk to Us about Our terms and conditions, please don’t hesitate to contact Us on 01163890400.

YOUR ATTENTION IS DRAWN TO CONDITIONS 7, 13.4 AND 13.8 WHICH PLACE LIMITS ON OUR LIABILITY TO YOU.

These terms and conditions are separated into the following sections

Key Terms
Definitions
Quotation and Agreement
The Installation
Payment
Intellectual Property Rights
Limitation of Liability
Insurance
Your Cancellation Rights
Our Cancellation Rights
Raising a Complaint
Insulation Specific Terms

1. Key Terms

1.1. Agreement:

The Agreement means both these terms and conditions and the Customer Agreement. The Customer Agreement contains;

the agreed Improvements, and if required Additions; and,
the cost to You for Us to provide those Improvement and if required Additions at the Property detailed in the Customer Agreement; and,
the agreed Payment Schedule and Cancellation Policy. Together they form a legally binding contract between You and Breakspeare Energy Ltd.

1.2. Payment:

The Payment Schedule is detailed in Your Customer Agreement.

1.3. Installation:

It’s important that on the day of install We have safe, unrestricted access to all relevant areas of Your Property where the Improvements are being fitted. You must ensure that all relevant lofts, internal walls, and work areas are clear and free of obstruction to allow our teams to carry out the agreed works. If You are in any doubt as to the level of access required for Your specific work, please contact Your Surveyor or the office on 01163890400.

Within these terms and conditions, We include Improvement specific sections, please ensure You familiarise yourself with the relevant section(s).

1.4. Personal Data:

Any personal data that You share with Us will be processed in accordance with relevant data protection laws, namely the General Data Protection Regulation. Full details can be found within our privacy notice in which We set out:

What Personal data We may hold
What We will do with that data and who We might need to share it with
How long We may hold that data for
Your rights regarding our processing of that data. The most recent version of our Privacy Policy can be found on our website

1.5. Standard of Service:

If We fail to meet the standard of service that You reasonably expect, We want to hear from You so We can try and put it right. You can contact Us by email; info@be-energy.uk, or by telephone; 0116 389 0400. We aim to have all complaints resolved within 30 working days. If the complaint is of a serious nature (i.e. a safety issue) the issue will be escalated with a view to resolving the issue (or at least, the safety risk) within 48hrs.

2. Definitions

In this Agreement the following expressions will have the following meanings:

2.1. Additions: Goods and services being offered as part of the Customer Agreement that are not standard inclusions in Our Installation of Improvements.

2.2. Agreement: As set out in Condition 1.1.

2.3. Agreement Date: The date in the Customer Agreement.

2.4. An event outside Our control: Any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks and or major disruption to transport networks.

2.5. Cancellation Period: As set out in the Customer Agreement.

2.6. Customer Agreement: The document named Customer Agreement that contains the list of Improvements, their costs and Payment Schedule.

2.7. ECO Funding: Funding made available as part of the Energy Company Obligation legislation for qualifying properties, applicants and Improvements to reduce the cost of those Improvements to the homeowner.

2.8. Installation: The Installation of Improvements and Additions to be carried out by Us as detailed in the Customer Agreement.

2.9. Intellectual Property Rights: Patents, rights to inventions, copyright and related rights, trademarks, trade names, rights in goodwill or to sue for passing off, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights.

2.10. Improvements: The goods and services being offered as part of the Customer Agreement.

2.11. Payment Schedule: Is detailed in the Customer Agreement and sets out when We expect payments to be made by You to Us, and if You have chosen to pay an amount by finance.

2.12. Property: The domestic Property detailed in the Agreement where the Installation is to be undertaken.

2.13. Survey: A detailed technical review of the suitability of Your Property for a given Improvement.

2.14. We or Us or Our: means Effective Home Ltd. as appropriate. Registered Office is 1 Boston Road, Leicester, Leicestershire, LE4 1AA. Company number 10441082.

2.15. You or Your: will refer to the domestic customer, being the person, whose name and address is shown in the Agreement.

3. The Quotation and Agreement

3.1. This Agreement is a legal offer which is only made once You return a signed Customer Agreement to Us

3.2. Any estimated costs of the Installation of Improvements provided before any Survey is carried out are subject to a Survey being carried out and We reserve the right to amend those estimated costs if any additional costs are identified as part of that Survey. We will contact You to arrange the Survey which will be carried out at Our cost prior to the start of any Installation.

3.3. We reserve the right to refuse, amend or withdraw the Quotation and/or this Agreement at any time prior to it being accepted by You and agreed by Us.

3.4. If following the acceptance of the Agreement We identify additional costs that We could not have reasonably known about that are not Our fault, We will notify You in writing. Such work may include but is not limited to lifting floorboards, removing cupboards or discovery of damp or asbestos. If this work requires additional costs material to this Agreement, You or We may cancel this Agreement in writing. If in this scenario You choose to continue, the additional work will be subject to the terms of a different Agreement and may require additional consents which You will need to provide Us with copies of.

3.5. If any part of this Agreement is found to be invalid, illegal or unenforceable by any court of law or other regulatory or competent body, that part(s) shall not form part of this Agreement. This will not affect any other part of this Agreement.

3.6. Notices required under this Agreement will be in writing and delivered by hand, sent by post or email (where provided and permitted). We will send notices to Your billing address. The notice shall be deemed to have been received 5 working days after We have sent it unless We receive evidence to the contrary. When writing in please send postal notice(s) to Breakspeare Energy Ltd, Canal House, Lisle Street, Loughborough, LE11 1AW or email Us at info@be-energy.uk

3.7. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You or Us shall have any rights under it.

3.8. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this Condition 3.8 shall not affect the validity and enforceability of the rest of this Agreement.

3.9. This Agreement and any disputes arising from it will be governed by either the laws of England and Wales in the exclusive jurisdiction of the Courts of England and Wales if the Property is in England or Wales; or the laws of Scotland in the exclusive jurisdiction of the Scottish Courts if the Property is in Scotland.

3.10. The headings in this Agreement are for Your guidance only and do not affect the interpretation.

4. The Installation

4.1. If You are a tenant or You do not own Your Property, You will need the owner’s or landlord’s permission before You can authorise the Installation of Improvements. We require written evidence from Your Landlord that such permission has been granted.

4.2. If You are a landlord then You must inform Your tenants before We carry out any Installation at the Property, and Your tenants must be aware of the access We are going to require.

4.3. If the Installation is suspended due to a lack of relevant consents or permissions, other than because of Our negligence or breach of this Agreement for the Installation, You will compensate Us for the cost of any works undertaken and materials supplied as part of the Installation as at the date of suspension (including personnel and professional costs and contractor fees).

4.4. You will be responsible for notifying Your buildings insurer in respect of any works undertaken or installed under these terms. We are not liable for any costs incurred as a result of Your failure to notify Your buildings insurer.

4.5. All the installers and subcontractors that We use will be suitably certified for the Improvements they are installing.

4.6. Unless otherwise stated in writing, We will be entitled to carry out the Installation in stages. Unless otherwise stated in writing, the Installation will be carried out.

4.7. During normal working hours (09:00 to 17:00 Monday to Friday);Where in Our opinion a condition exists, which would prevent Us carrying out the Installation in a safe and/or efficient manner, We may ask You to remedy the condition(s) at Your own cost before We proceed. We will not be responsible for any losses caused by any resulting delay. If You do not remedy the condition(s) within a reasonable period, to Our satisfaction, this will be considered as a denial of access by You as set out in Condition 10.1.e. With the opportunity for continuous work during the times set out above. If You deny Us this opportunity at any time, You must pay any additional costs incurred by Us as a result of any delays caused which are reasonably attributable to Your default under this Condition 4.8 (c).

4.8. Any times or dates given by Us for the carrying out of the Installation are given in good faith but are approximate only. However, time shall not be of the essence to the date and time of performance of the services. We (or Our sub-contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an event outside Our control. In such, We may be forced to cancel appointments at late notice. In such circumstances, We will agree an alternative date to carry out the Installation and We will not incur any liability for such delay such as loss of earnings or costs that another party enforces on You for any delays.

4.9. We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve an expense to Us, You will pay that expense.

4.10. You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property, power, water and toilet facilities.

4.11. The installers may perform a site assessment to look for any potential health and safety risks and they will not start work if there are any risks to health. If this assessment details any reasonable preparation work from You then this will need to be completed before the work starts. The installers will not work unless there is a person over 18 years old at the Property. We can adjust the specification of works if required for legal conformance or to avoid a safety risk.

4.12. In the event that We are required to provide additional pre agreed works for Your improvement these will be charged at £60 inc. VAT per hour per fitter and excluding materials.

4.13. If during the progress of the Installation any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us prior to their discovery, We will let You know. We will withdraw Our staff immediately from the Property until the Property is made safe. Removal of hazardous material is Your responsibility. Where You request removal of the hazardous materials to be undertaken by Us or Our approved contractor, costs will be charged to You in addition to the agreed contract price and will subject to the terms of a different Agreement. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean-air certificate before We continue with the Installation. If the hazardous material is not removed Our rights of cancellation in Condition 10 apply.

4.14. We will make good any damage to the fabric of the Property caused by Us as a result of the delivery of Our goods and services unless You specify in writing that this should not be done. Once the Installation is complete and whilst the Installation team are on-site, You will be required to check the work and complete a certificate of completion promptly.

5. Payment

5.1. The Payment Schedule is detailed in Your Customer Agreement and Conditions 1.2 and 1.3 set out the expected timings of these payments in more detail.

5.2. Effective Home Ltd. can offer ECO Funding for all eligible Improvements and to householders in receipt of certain income-related benefits. We will have already assessed if You are eligible for these subsidies before issuing You this Agreement, but if You have any questions about ECO Funding please don’t hesitate to contact Us on 0333 323 1404.

5.3. All prices quoted or provided in Your Customer Agreement are inclusive of VAT at the applicable rate.

5.4. If You chose to use a finance product from one of Our lending partners to pay for or contribute to the cost of Your improvement(s), this will be subject to an additional credit Agreement.

6. Intellectual Property Rights

6.1. This Agreement is not intended to transfer any Intellectual Property Rights from Us to You.

6.2. Aside from Intellectual Property Rights already owned by third parties, all Intellectual Property Rights associated with the Improvements and the Installation shall be owned by Us.

6.3. You have no Intellectual Property Rights in, or to the Improvements and/or the Installation other than the right to make use of them in accordance with this Agreement.

7. Limitation of Liability

7.1. If We fail to comply with this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of our breach of this Agreement or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the Agreement Date.

7.2. Nothing in this Agreement shall limit or exclude Our liability for:

death or personal injury caused by Our negligence;

fraud or fraudulent misrepresentation; or

any other provision which is not permitted to be limited or excluded by law.

7.3. Subject to Conditions 7.1 and 7.2, We shall not have any liability to You in respect of damage caused by or in respect of scaffolding including but not limited to loss of satellite signal caused by scaffolding, Our independent scaffolding contractors have their own liability insurance.

7.4. We only supply the Improvements and the Installation for domestic and private use. You agree not to use the same for any commercial or business purpose and We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.

8. Insurance

8.1. If You would like details of the insurances that We maintain, please contact Us in accordance with Condition 3.6.

9. Your Cancellation Rights

9.1. We or Our appointed installer will contact You directly to confirm appointments and You can change or cancel with Us, but this must be no later than within 48 hours of the appointment.

9.2. If less than 48 hours’ notice is given to cancel the Installation or Survey appointment, We may charge You for reasonable costs that We or the installer has incurred up to a maximum of £250. We reserve the right to recover our costs (up to £250 plus vat) from any deposit You have paid or bill You for them If you decide to cancel after the successful completion of a technical survey. A successful technical survey is one where we have confirmed we can install energy efficiency measures at your property. In the event that You cancel after completion of a successful survey but before the install has started then We reserve the right to recover any cost incurred.

9.3. You can also cancel after this period if there is a requirement for any unforeseen additional work as detailed within Condition 4 – Installation, or there is a severe or unreasonable delay to the Installation which is not caused by You or an event outside Our control.

9.4. In the event that You cancel after expiry of the Cancellation Period but before work is fully completed, We reserve the right to charge a pro rata abortive fee for any work carried out, or specific materials procured in accordance with the Installation up to the point of receipt of Your cancellation notification.

10. Our Cancellation Rights

10.1. We may cancel Your Agreement in following circumstances:

If You have given Us false information which results or may result in Our suffering material loss or damage or being in breach of the law
If You do not pay the agreed contract price
If You seriously breach this Agreement
If any issues arise which We deem appropriate in the interest of Health and Safety which We could have not reasonably known about prior to Installation.
If You do not give Us reasonable access to Your Property.
If additional work that We tell You is needed has not been completed.
If You have breached the terms of Your Agreement.
If You no longer own or occupy Your Property.
An event outside Our control means We are not reasonably able to carry out the Installation.
If this Agreement is subject to ECO Funding being available but prior to or at the time of Installation that ECO Funding previously available is changed or withdrawn.
An event outside Our control that means We are not reasonably able to carry out the Installation at the agreed price. We also have the right to cancel the Agreement should it be identified that at the point of Installation You are not in receipt of the correct qualifying benefits required, to obtain the ECO Funding, that would have funded the Installation.

10.2. If We cancel this Agreement but there are charges that You are due to pay to Us, You will remain responsible to pay these reasonable charges.

10.3. If We cancel the Agreement for any of these reasons, We will discuss other options with You including refunding any sums You have paid in advance for goods and services not yet provided.

11. Raising a Complaint

11.1. You wish to make a complaint, You can contact us in one of the following ways:

By telephone to 0116 389 0400
By email to info@be-energy.uk
In writing to Breakspeare Energy Ltd, Canal House, Lisle Street, Loughborough, LE11 1AW

11.2. Upon receiving a complaint, we will acknowledge it in writing within 7 working days, giving You the name and contact details of the person investigating it.

11.3. Should We receive a complaint from a third party, We will contact You in the first instance to ensure that You have given permission for this third party to be calling on Your behalf.

11.4. We will keep You informed about the progress of the investigation. We aim to have all complaints resolved within 28 working days unless We agree on a different time scale with You. If the complaint is of a serious nature (i.e. a safety issue) the issue will be escalated immediately with a view to resolving the issue (or at least, the safety risk) within 48 hours. Upon reaching a resolution, a letter confirming this may be required to be signed.

11.5. We reserve the right to determine how any complaint should be resolved and may refuse to complete the full complaints procedure for vexatious complaints.

12. Insulation Specific Terms

12.1. For internal wall insulation We ask that You please remove furniture from the rooms containing external facing walls. We will not be liable for any such damage that could have been prevented had the items been moved and stored safely away from the walls.

12.2. For roof insulation We ask that You remove all stored items from the loft. We will not be liable for any items stored in the loft and may refuse to complete the installation should items be stored in the loft on the day of installation. Following the installation of loft insulation We recommend that items are no longer stored in the roof space to both avoid damage to stored items and avoid reducing the effectiveness of the insulation.

Company Information

Breakspeare Energy Ltd

Address: Canal House, Lisle Street, Loughborough, LE11 1AW

Company number: 13145956

VAT Registration No: 370496285

Registered in: England and Wales

Company type: Private limited company

Tel: 0116 389 0400

Email: info@be-energy.uk