OVO Energy - Zero Carbon Heating Trial Terms & Conditions
Last updated: 14th January 2021
These Terms and Conditions (the Trial Terms) govern your participation in the OVO Energy Zero Carbon Heating Trial (the Trial) and form the agreement between you and OVO Energy Ltd whose address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED (OVO, we, us, our). It's important that you read and properly understand them. If you have any queries, please feel free to contact us at [email protected] or 0330 102 7423.
Capitalised terms used in these Trial Terms are defined in section 18.
In order to participate in the Trial you will be required to sign up to the following terms and conditions:
Trial Terms - These Trial Terms are specific to the OVO Energy Zero Carbon Heating Trial. They apply to all participants in the Trial.
Installation Terms - these are the terms which govern the installation of the Products and if applicable any Energy Efficiency Works undertaken in your home. These terms will be entered into directly between you and the relevant Installation Partner(s) prior to the work being commenced.
Partner Terms - In addition separate terms and conditions will apply to the supply of any Products supplied to you as part of the Trial, the installation of the various Products which form part of the Heating System and any energy efficiency works carried out (the Partner Terms). It’s very important that you read and properly understand these Partner Terms before you book a Survey or an Installation appointment as we will not be able to complete your Installation if you later refuse to sign the Partner Terms.
Depending on which Products are being installed at your home, different Product Warranties will apply to you (see section 7.2 for details) .
1. Our Partners
1.1 As well as OVO, other companies are mentioned in these Trial Terms - these are: Retrofit Works, Mitsubishi Electric Corporation (MELCO), Daikin, Kensa, Sunamp Ltd, and Kaluza. These companies help us to provide you with the Heating System and the Trial Services (as described in section 2 below). Here is a bit about what each company does as part of the Trial:
Retrofit Works: Survey your home to make sure a heat pump is suitable and identify any issues which might affect your ability to participate in the Trial. Retrofit Works will be designing the heating system & energy efficiency measures to be installed in your Property. Retrofit Works will identify and vet installers to ensure all installers have the required certification, qualifications and skills required to complete the installation to the standard outlined in the design and specification and will review work done by these installer(s) to ensure it is completed to the required standard.
Mitsubishi Electric (MELCO): Mitsubishi provides the Ecodan Air Source Heat Pump which may be installed in your Property. Data from your use of the Heat Pump is then shared with Mitsubishi in accordance with the separate terms and conditions you agree with Mitsubishi. Mitsubishi will also provide a cloud based control application for the heat pump called MELCloud. The MELCloud app is accessible on a smartphone, a tablet or PC. You will need to download the app and register in order to gain access.
Daikin: Daikin provides High Temp Heat Pumps which may be installed in your Property. Data from your use of the Heat Pump is then shared with Daikin in accordance with the separate terms and conditions you agree with Daikin.
Kensa: Kensa provides the Ground Source Heat Pump which may be installed in your Property. Data from your use of the Heat Pump is then shared with Kensa in accordance with the separate terms and conditions you agree with Kensa.
Sunamp Ltd: Sunamp provides the Heat Battery which may be installed in your Property. Data from your use of the Heat Battery is then shared with Sunamp in accordance with the separate terms and conditions you agree with Sunamp. Sunamp will be involved in the optimisation of the Heating System.
Kaluza Ltd: Kaluza is OVO’s intelligent energy software company. Kaluza, will gather data from your Heating System, and use this to monitor its performance. Kaluza has developed the Kaluza Flex Platform which enables it to connect to, control and optimise a range of smart devices throughout the home. The Kaluza platform is able to connect to and optimise your Heat Pump and/or Heat Batteries to ensure that maximum efficiency and use of clean energy is achieved.
GTEC: GTEC will provide quality assurance services on behalf of a government-contracted organisation by conducting onsite and desk-based survey audits as well as onsite installation audits. They will review and assure the quality of both surveys and installations of a representative sample size of participants properties. These will be selected depending on the type of heating system installed at your property. If this applies to you, you must agree to grant access to your property in order for the audit to proceed.
Parity Projects Ltd: Parity Projects use a range of publicly available data to model the energy efficiency of homes. The energy efficiency modelling carried out by Parity Projects will help to identify homes which could be more suitable for the trial.
PassivSystems Ltd: PassivSystems are a smart energy platform who provide a range of home energy services. As part of this trial, they will provide an in-home metering and monitoring service to your property in order for us to collect the required operational meter data from your heat pump system.
For more information about RetrofitWorks, Mitsubishi Electric, Kensa, Daikin, Sunamp,and Kaluza please click here.
2. Partner Terms
2.1 In order to participate in the Trial, if you having an Ecodan heat pump installed you will need to agree to the MelCloud Terms and Conditions which will apply to your use of the MELCloud application. You will have to agree to these when you download the app.
2.2 Prior to your Installation being carried out you will also be asked to sign up to the Installation Terms which will be a contract directly between you and the Installation Partner. The Installation Terms will cover the Installation and any Energy Efficiency Works carried out on your Property.
2.3 If you do not wish to sign up to the relevant Partner Terms, unfortunately we will not be able to complete the Installation of the Products and you will not be able to participate in the Trial.
2.4 If you have any queries on any of the above terms and conditions or the Trial in general, please feel free to contact us at [email protected] or 0330 102 7423.
3. How the Trial works
3.1 Once you have filled in our eligibility forms and, if required, had an initial conversation with one of our Smart Home experts and are deemed initially eligible for the Trial you will be passed over to our partner Retrofitworks who will carry out a Remote Survey of your home over the telephone to make sure a heat pump is suitable – and identify any issues that might stop you joining the Trial. If your home is deemed eligible following the Remote Survey, Retrofitworks will then visit your home to conduct an On-site Survey. The Survey results will be used to work out what type of Heat Pump and mix of heating technology products are most suitable for your home. Our project partners Retrofitworks and their network of experienced installers will design and install the heating system and energy efficiency measures which are best suited to your home. Retrofitworks will check the installation has been finished to the required standards and leave you to enjoy your low carbon home.
3.2 During the Trial, working with Kaluza, we may control when electricity is being used to provide heating and hot water in your Property using the Kaluza Flex platform. While you are on the Trial, we reserve the right to vary the rate, timing and amount of electricity used to provide heating and hot water via the Heat Pump and/or Heat Battery to optimise when electricity is used to reduce the costs of your electricity supply. However, we cannot guarantee that your electricity bills will be reduced during the Trial. You can opt out of having your heating system controlled by emailing [email protected]. For more information about Kaluza Flex and how it works see Section 8.3.3. As part of your participation in the Trial, we and Kaluza will access and share information generated, collected, processed or stored by your Heat Pump and/or Heat Battery and collect other information about your electricity usage. This information will be used to monitor your system and ensure it is working effectively, and optimise where we are able/ are required. Your data will help us understand the viability of rolling out this innovative heating solution at a large scale, and we will use your aggregated, anonymised data in our energy systems monitoring.
3.3 Depending on which Products are being installed at your home, different manufacturing partners will have access to your data. For example if you are having an Ecodan Air Source Heat Pump and a Sunamp battery installed, MELCO, and Sunamp will access and share information generated, collected, processed or stored by your Heat Pump and Heat Battery.
3.4 As part of your participation in the Trial, we will also share your personal Personal Data (such as name and address) with our trial partners Retrofitworks, Kaluza, Sunamp, Mitsubishi. We will also share this information with BEIS and their partners Energy Systems Catapult, DELTA EE, ICF and Kantar who are managing and evaluating the trial on behalf of the government.
For more info about how your data will be used during the trial please see Section 8 and a link to our Privacy Notice here
3.4 Your contract for the provision, design and Installation of your Heating System and Energy Efficiency Works undertaken on your home will be between you and Retrofitworks or one of Retrofitworks’ Installation Partners. OVO shall have no liability to you whatsoever for the Products, the design and installation of the Heating System or any Energy Efficiency Works or any other works carried out in your home as part of the Trial.
3.5 You accept that this is a trial offering, and that the purpose of the Trial is to assess the viability of using the Products to provide a zero-carbon source of heat and hot water. As with any trial product there may be occasions where your Heating System does not function as planned. By taking part in the Trial you acknowledge that there may be times where your Heating System is not fully functional. We will always work to minimise the impact of any issues on you but neither we, MELCO, Kensa, Daikin, Sunamp and Kaluza will be liable for any losses you may suffer as a result.
4. Trial Eligibility
4.1 To take part in the Trial, you’ll need to meet and comply with the conditions set out in this Section (the Eligibility Criteria) throughout the Trial Period.
4.2 In order to be able to join the Trial:
a. you must be the homeowner of the Property where the Products will be installed and this Property needs to be your principal residence;
b. you must confirm that no one in your household has a requirement for constant heat and hot water;
c. you must have any necessary permissions from other third parties, including your insurance companies and mortgage providers to install the Products at your Property. We won’t be responsible if we carry out work and you don’t have the necessary permissions. You’ll be responsible for any losses that you or we suffer as a result of you failing to get the right permissions;
d. your Property must be situated in the South East of England Nomenclature of Territorial Units for Statistics (NUTs) region;
e. you must have a suitable outdoor space to install the Heat Pump Products and if relevant to you a suitable indoor space to install the Sunamp battery - we will confirm further requirements at when you speak to our OVO Smart Home experts and at survey stage;
f. the Installation of the Heating System must not require substantial structural alterations to be made to your Property;
g. following the Installation, allow us (if we require) to control your Products charging and electricity consumption for the duration of the Trial Period;
h. you must agree to the relevant separate Partner Terms. See Section 2 for more details; and
i. you need to be happy to take part in customer research relating to the Trial. For details please see our description of the research activities that may take place. You can opt out of this at any time by contacting [email protected] or 0330 102 7423.
4.3 During the Trial Period, you must:
a. comply with all the relevant terms and conditions of Mitsubishi/ Kensa/Daikin, Sunamp and Kaluza which can be found here;
b. permit Retrofitworks and their Installation Partners access to your home in order to carry out Surveys, installation works, repairs and annual maintenance on your Heating System.
c. keep your Products online (and connected to the Kaluza platform) at all times of the day;
d. allow us or our partners such access to your property as may be required in order to maintain or repair the Products;
f. allow us to control your Products via the Kaluza platform (subject to clause 3.2).
4.4 Entry into the Trial is at our absolute discretion and you acknowledge that you might not be able to join the Trial regardless of whether you satisfy the Eligibility Criteria.
4.5 If you no longer meet the Eligibility Criteria during the Trial Period due to circumstances within your control, we reserve the right to charge you for the cost of the Products and/or the cost of their installation. You will be responsible for the cost of removing the Products from your Property if you do not want to keep them.
5. Energy Efficiency Works
5.1 As part of the Trial, dependent on the results of the Surveys, Retrofitworks may also recommend certain Energy Efficiency Works to your home which can be undertaken at the same time as the Installation, free of charge up to a maximum value of £5,000, in order to make your home more energy efficient.
5.2 We will only carry out Energy Efficiency Works recommended by the Surveys and will not carry out any additional work on request.
5.3 You are under no obligation to agree to have such Energy Efficiency Works undertaken and we and our partners are under no obligation to undertake any Energy Efficiency Works. Whether or not such Energy Efficiency Works are undertaken will be at our absolute sole discretion and depend on the amount of work required to your property, the cost (it must be less than £5,000) and any other factors which we deem relevant.
6. Surveys and Installations
6.1 The contract for the On-Site Surveys, the design and Installation of the Heating System is between you and Retrofitworks and/or the relevant Installation Partner.
6.2 Notwithstanding, clause 6.3 whether the Installation is carried out is at our absolute sole discretion and subject to the findings of the Remote and On-site Surveys of your Property. We’ll let you know if we are unable to carry out the Installation and allow you to participate in the Trial as a result of the Surveys and we won’t be liable to you in any way in the event that you are not able to have the Products installed and join the Trial as a result of the Surveys or for any other reason.
6.3 We will let you know if you are able to participate in the Trial following the Surveys. You will then have the option to choose whether or not to proceed with the Trial and book an Installation. You are not under any obligation to proceed with the Trial or book an Installation.
6.4 You agree to provide the Engineer with access to your Property to carry out the On-Site Survey and the Installation (if you are eligible/decide to proceed with the Trial after the Surveys). Surveys will be carried out by our partner Retrofitworks and Installations will be carried out by suitably qualified Engineers from one of Retrofitworks’ trusted third party Installation Partners.
6.5 The Engineers will try to meet your Survey and Installation time and dates, but may need to change these from time to time. If they do, they will try to notify you of any changes as soon as possible. But neither we nor any of our partners will be liable to you for any losses due to changing your Survey or Installation date or time for any reason.
6.6 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Survey and the Installation.
6.7 You will let us know if there are any local restrictions which may affect the Installation, for example: local parking restrictions, steep stair climbs or long carrying distances.
6.8 Neither we, Retrofitworks, nor the Installation Partner are responsible for:
a. any delays or failures to carry out a Survey or an Installation caused by circumstances beyond our control or which were unforeseeable; or
b. any losses you incur due to delays to your Survey or your Installation, however caused, including if we can’t complete a Survey or Installation during a scheduled appointment.
6.9 If the Engineers aren’t able to complete an Installation in a single appointment, they will make an additional appointment to complete the work. Unless there are additional fees payable under these terms or which we’ve otherwise told you about, you won’t be charged additional fees for this additional appointment.
6.10 The Engineers won’t start or continue the Installation if they believe there is a health and safety risk to themselves or any other person, and they won’t return to complete the Installation until that risk is resolved.
6.11 If the Installation Partner is unable to complete the Installation for any reason that is not their fault, you may be liable for costs incurred by them or us.
6.12 Retrofitworks and their Installation Partners will take reasonable care to carry out the Installation without causing unnecessary damage. Any unnecessary damage to your Property that is proven to be directly caused by their negligence shall be fixed free of charge.
6.13 You also acknowledge that sometimes extra work to your Property may be required if existing wiring cannot be used to install the Products, and this can cause damage to things like inside and outside finishings (for example, wallcoverings and paint). You may need to redecorate, repair or restore certain areas once the Installation is completed. You will be responsible for the cost of this work.
6.14 If you cancel your On-Site Survey or Installation within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
7. Using the Products
7.1 Following Installation, you will become the owner of the Products. You are responsible for the Products being used in accordance with these terms and conditions, including, but not limited to:
a. following the manufacturer’s instructions and any other written or oral instructions we give you;
b. not attempting to, and not allowing any third party (other than the manufacturer or a person appointed by RetrofitWorks, OVO Energy or the manufacturer) to, carry out any repairs, replacement, modifications or alterations on the Products in any way;
c. keeping the Products on your Property and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you;
d. not misusing, neglecting or damaging the Products (including by disassembling them);
e. taking proper care at all times to prevent the loss or theft of the Products.
7.2 After Installation, the Products will be covered by the manufacturer’s warranty (or manufacturer's guarantee) details of which will be provided to you by the Engineer at the same time that your Products are installed. You can also view some manufacturer warranties and guarantees online: for further information about the specific terms for Mitsubishi Electric manufacturer's guarantee, please visit here. For further information about the specific terms for SunAmp warranty, please visit here. For further information about the specific terms for Kensa warranty, please visit here. For further information about the specific terms for Daikin warranty, please visit here. Please read the manufacturers’ warranty or guarantee carefully. It is your responsibility to ensure you comply with their terms. If the warranty or guarantee requires registration to be valid, it is your responsibility to register it with the manufacturer within the time period specified by the manufacturer. You must notify the manufacturer of any claim under the manufacturer warranty or guarantee as soon as reasonably possible once you become aware of the fault. Any obligations to maintain the Products that are conditions of the manufacturer’s warranty or guarantee are your responsibility to perform at your own cost and maintain a record of. You will also be liable for the cost of any ongoing maintenance or any repairs or replacements not included in the manufacturer’s warranty or guarantee or after it has expired. Should you wish to remove the Heating System after the end of the Trial Period you will be liable (at your own cost) for arranging its removal and also for the installation of a replacement heating system.
7.3 Risk in the Products shall pass to you on completion of the Installation. This means that you are responsible for any loss or damage caused to the Products (including, but not limited to: accidental damage, criminal damage, theft or vandalism) and we reserve the right to charge you for the cost of repairing or replacing them. You agree to inform us of any loss or damage to the Products immediately. If you refuse to pay for any repair or replacement charges, we may terminate your Trial in accordance with Section 10.1.
8. Kaluza Control Terms
8.1 During the Trial, the Kaluza Flex Platform will automatically connect to your Heat Pump and/or Heat Battery and control and optimise your Heating System. This will involve varying the rate, timing and amount of electricity used to provide heating and hot water via the Heat Pump and/or Heat Battery to optimise when electricity is used to reduce the costs of your electricity supply (“Kaluza Control”). However, we cannot guarantee that your electricity bills will be reduced during the Trial.
8.2 We will do our best to minimise any effect the Kaluza control might have on your comfort, for example, the availability of hot water and heating but we cannot guarantee this.
8.3 You can opt out of having your heating system controlled by Kaluza at any time by emailing [email protected].
9. 3 Year Maintenance Cover
Annual servicing and repairs will be undertaken free of charge for a period of 3 years following the date of installation. We reserve the right to charge you for any repairs/replacements in the event that we reasonably believe that damage to your Heating System has been deliberately caused or caused as a result of you not following the instructions for the use of your Heating System, including refusing to allow access in order for an annual service or any required repairs or upgrades to the Heating System to be undertaken. Full details of this cover including terms and conditions and exclusions will be provided to you by your Engineer.
10. Trial Period
10.1 Your Trial will start on the date your Products are Installed (provided that we are satisfied that you have complied with all of the Eligibility Criteria set out in Section 4) and end on 31st March 2022 (the Trial Period), subject to you or us terminating the Trial earlier in accordance with these Trial Terms. We reserve the right to extend the Trial subject to availability, in which case your Trial will automatically continue after 31st March 2022 (unless we notify you otherwise) until such date as we notify you that the Trial has ended (subject to earlier termination of your participation in the Trial by either you or us in accordance with these Trial Terms).
10.2 If during the Trial Period you change, renew or upgrade your current OVO plan to another fixed term plan, the Trial will automatically be added to your new plan, provided you still comply with the Eligibility Criteria.
10.3 At the end of the Trial Period, you will keep the Products in accordance with Section 10.1 but we will no longer provide you with the Trial Services. Should you wish to have the Products removed and a replacement heating system installed you must arrange this at your own cost.
10.4 Subject to Sections 13.1 and 13.2, if your participation in the Trial ends as you have decided to discontinue the Trial or you no longer meet the Eligibility Criteria before 31st March 2022, you may keep the Products but we reserve the right to charge you for the Products and/or any costs relating to their installation.
11. How we use your data
11.1 In order to monitor how effectively your Heating System is functioning we will be collecting certain types of usage data from your Heating System during the Trial.
11.2 The Trial is funded by the Department of Business, Energy and Industrial Strategy (BEIS). As part of the Trial we will also share this information with BEIS and their partners Energy Systems Catapult, DELTA EE, ICF and Kantar who are managing and evaluating the trial on behalf of the government. We may share data with them such as your property’s location details, your property’s completed site survey and proposed heating system, and an aggregated analysis of your energy consumption data. BEIS will process your personal data in accordance with its Privacy Policy which can be found here.
11.3 Please click here for more information on what data is collected and how this data is shared between us, Retrofit Works/ Parity Projects, Mitsubishi, SunAmp and Kaluza and the other project partners.
11.4 Mitsubishi/ Kensa/ Daikin, SunAmp and Kaluza will process your personal data in line with their own Privacy Policies which you can find here (Mitsubishi), here (SunAmp) and here (Kaluza).
11.5 As part of the Trial, we and our partners Retrofitworks, Kantar and ICF may contact you via phone, email or SMS for your feedback on your experience of the Trial. When we contact you for feedback on the Trial, we’ll ask you for demographic information (such as the age and employment status of those living at the home), information about the other energy products in your home and information about your home heating behaviour to enable us to develop new products, conduct and monitor the Trial and your usage (including carrying out our obligations under these Terms and Conditions). If you don’t want to be contacted for research purposes, please email [email protected]. This data will not be used for marketing purposes without your consent.
11.6 We may also contact you to ask you to participate in marketing activities in respect of the Trial, if you do not wish to be contacted please email [email protected].
11.7 Your legal rights in relation to your personal information and the way in which we process your personal data will be in line with our Privacy Notice here.
12. Termination by us
12.1 We may terminate these Trial Terms and your participation in the Trial with immediate effect on giving you written notice if:
a. you breach any of your obligations under these Trial Terms or our Core Terms and Conditions; or
b. at any time during the Trial Period you fail to meet any of the Eligibility Criteria (see section 4 above); or
c. your Products are lost or damaged (and in the case of damage, are not covered by the manufacturer’s warranty and you do not agree to pay for any repair charges to remedy the damage).
12.2 We may also terminate these Trial Terms and your participation in the Trial at any time, for any reason, by giving you 30 days' written notice.
12.3 If you or we terminate your participation in the Trial for any reason after the Cooling Off Period, you will keep the Products. If we cancel your participation in the Trial pursuant to section 10.1, we reserve the right to charge you towards the cost of your Products and/or any costs relating to their Installation.
13. Termination by you
Your right to cancel
13.1 You have the right to change your mind and cancel your participation in the Trial from the date you sign up to these Trial Terms until 14 days from the date the Products are installed (“Cooling Off Period”).
13.2 Once we have carried out the Surveys you are under no obligation to continue with the Installation and participate in the Trial, you just have to notify us that you no longer wish to proceed by contacting us on the details given at Section 12.4 below.
13.3 If you cancel and we haven’t installed the Products you won’t have to pay anything. If you cancel within 14 days of us installing the Products you may have to pay for any costs we incur to remove the Products from your Property.
13.4 If you wish to cancel your Trial please email [email protected] or call us on 0330 102 7423 or use the Cancellation Form below.
When you can terminate the Trial after the Cooling off Period
13.5 You can terminate your participation in the Trial after your Cooling Off Period has expired at any time by giving us 30 days’ notice using the contact details at Section 13.4 above or completing the Cancellation Form. You will keep the Products in accordance with Section 12.3 but if you terminate your Trial before 31st March 2022 we reserve the right to charge you for the Products and/or any costs relating to their installation. If you want us to remove the Products you will have to pay any costs associated with their removal.
13.5 If you move out of your Property, you will no longer be able to participate in the Trial. You will need to notify us that you are moving at least 30 days prior to your moving date by contacting us on the details in Section 13.4 above. The Products will remain in the Property. We will not be able to move the Products to another property or remove them. Should you or the new owner wish to have the Products removed or install a replacement heating system you must arrange this at your own cost.
14. How to contact us and complaints
14.1 We hope you enjoy being a part of the Trial. If you have any queries or need any support during the Trial Period you can contact us by emailing [email protected] or calling us on 0330 102 7423.
14.2 If you are unhappy with our service, you can submit a complaint over the phone or in writing by going to https://www.ovoenergy.com/feedback.
14.3 We aim to respond to your complaint the same day we receive it. If you're not happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who will be in touch within five Working Days.
15. Liability
15.1 Subject to Section 15.3, OVO will not be responsible for:
a. any failure of the Trial Services or your Products to function correctly. Liability for the Products remains with the relevant Partner;
b. any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include (without limitation): severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of any software used to provide the Trial Service; war; acts or omissions of electricity network operators, and government action;
c. any costs, loss or damage you suffer as a result of not participating in the Trial in accordance with these Terms and Conditions. This includes a failure to comply with instructions provided by us, Mitsubishi, SunAmp or Kaluza;
d. any costs or loss you may incur or damage to your property as a result of the Trial Services or the Trial including as a result of any Installation, Energy Efficiency Works or ongoing maintenance. Liability for the design and Installation of the Products, the Energy Efficiency Works and the ongoing servicing and maintenance remains with the relevant Installation Partner;
e. any costs, loss or damage you suffer as a result of your broadband internet connection being insufficient in quality, capacity or speed to support the Trial Services and/or your participation in the Trial results in you exceeding the permitted data limit on your broadband; or
f. for any loss or damage you suffer caused by us, Mitsubishi/ Kensa/ Daikin, SunAmp or Kaluza or our agents, to the extent such loss or damage results from any breach by you of these Terms and Conditions.
15.2 Subject to Section 15.3, we will not be liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any (a) loss or damage that we couldn’t reasonably have expected would result from breach of these Terms and Conditions at the time you entered into it, or (b) for any loss of savings, profit or business; or (c) for any indirect or consequential losses which you or anyone else suffers.
15.3 Nothing in these Terms and Conditions will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
15.4 Subject to Section 15.3, our maximum aggregate liability (including for negligence and breach of statutory duty) if you suffer any loss or damage as a direct result of something we’ve done, our maximum liability to you will be no more than £100,000 per event or series of events if they’re connected.
15.5 BEIS shall have no liability to you whatsoever in respect of this Trial, the Products, the design, Installation and maintenance of the Heating System or the Energy Efficiency Works.
16. Changes to these Terms and Conditions
We may change these Terms and Conditions at any time during the Trial Period. The new terms will appear on our website. We will notify you 30 days in advance of any change we plan to make that puts you at a material disadvantage.
17. General
17.1 We can transfer any of our rights or obligations under these Trial Terms without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
17.2 If we need to give you a notice for any reason in connection with these Trial Terms, we may use the postal address and/or email address you have given us most recently. If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted. If we deliver a notice to you by email, it will be assumed to have been delivered immediately when it was sent to the most recent email address we have for you (as applicable).
17.3 These Trial Terms, and any documents explicitly referred to in them, are the entire contract between you and us in relation to the Trial.
17.4 Nothing in these Trial Terms affects our legal rights or powers. Nothing in these Trial Terms affects any of your statutory rights that can’t be excluded by law.
17.5 If any part of these Trial Terms are void or unenforceable, the rest of these Trial Terms will be unaffected.
17.6 These Trial Terms are governed by the laws of England and Wales if your property is in England or Wales, and in Scotland if your property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is in England or Wales, and by the courts of Scotland if your property is in Scotland.
18. Definitions
In these Trial Terms the following terms will mean:
“Eligibility Criteria” means the eligibility criteria set out in section 4;
“Energy efficiency modelling” means the modelling carried out by Parity Projects using publicly available data to help us identify homes which could be more suitable for the trial.
Energy Efficiency Works - any works undertaken by an Installation Partner to improve the energy efficiency of your home and/or optimise the efficiency of the heating system. For example these may include loft or wall insulation.
“Engineer” means one of our Installation Partner’s engineers who is qualified to carry out the Installation and the Energy Efficiency Works;
“Heat Battery” means the SunAmp phase-state change thermal storage unit;
“Heat Pump” means either the Mitsubishi Electric ECOdan air-source heat pump, the Daikin High Temp Air Source Heat Pump or the Kensa Ground Source Heat Pump depending on the type of heat pump installed in your property.
“Heating System” means the Products installed in your Property for the purposes of the Trial which together provide heating and hot water to your Property;
“Installation” means the installation of the Products as set out in section 6;
“Installation Partners” means those third party specialist companies engaged by Retrofitworks’ for the design, installation and maintenance of the Heating System;
“Smart Meter” means an energy credit pay monthly meter that is able to supply us with half hourly meter readings through wifi or GSM;
“Products” means the combination of the Heat Pump and/or Heat Battery, controls, pipework, radiators, monitoring and metering systems and other heating system hardware or software installed for the Trial;
“Product Warranty” means the manufacturer’s warranty for the relevant Product as detailed in section 7.2;
“Property” means the property or premises at which the Products will be installed;
“On-Site Survey” means the evaluation of suitability of your Property for an Installation by one of our Engineers through a visit to your Property;
“Remote Survey“ means (i) a remote survey of your Property undertaken by Retrofitworks in order to assess the suitability of your Property for an Installation and/or (ii) the initial survey completed by you regarding your property when you registered your interest in the Trial;
“Surveys“ means together the On-Site Survey(s) and the Remote Survey(s);
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refers to a calendar day.
Cancellation Form
If you want to cancel your Trial, please call us on 0330 102 7423, email us on [email protected]
or use the cancellation form below:
To OVO Energy Limited
I hereby give notice that I wish to cancel my participation in the Zero Carbon Heating Trial.
Name:
Address:
Date: