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Our Terms & Conditions

… to the Agreement between Sustainable Homes Scotland Ltd. trading as Paul Heat Recovery (The Company) and The Customer.

A) The Agreement

1. Agreement for Design Services only is executed when the design fee has been received in full to initiate the design.
2. No Agreement shall come into being between the Company and the Customer for supply and/or installation and/or commissioning until the deposit has been received in full.
3. On payment of the design fee and/or deposit, the Customer enters into the Agreement and its Terms & Conditions.  The agreement will consist of the most current quotation and/or design and/or estimate and these Conditions.
4. These Conditions do not limit or exclude the statutory rights of the Customer.
5. If at any time any part of these Conditions is held to be or becomes void or otherwise unenforceable under any applicable law, the validity of the remaining provisions of this Agreement shall not be in any way affected or impaired thereby.

B) Purpose of the system

1. The Heat Recovery Ventilation (MVHR) system is designed to provide sufficient ventilation, extract pollutants and surplus moisture under normal domestic circumstances and to effectively reduce the ventilation heat losses.
2. Unless otherwise stated, the system is not designed as a means of space heating. If a post heater is installed, the Company takes no responsibility that the space heating demand will be covered by the system. It is the responsibility of the Customer – who will need to gain specialist advice, e.g., from a Passive House Designer – to determine the heat load of the building and to ensure that the arrangements for space heating are sufficient.
3. The heat recovery system can distribute to a certain degree warmth from rooms with higher temperature levels to other rooms. It has to be noted, that there will be some temperature differentiation. If habitable rooms are not equipped with a central heating system, a thermal analysis is necessary to evaluate the temperature spread.
4. The Goods are supplied strictly on the terms that the Customer has satisfied itself of their suitability for its purpose.

C) Operation of the system

1. The system is operated on three levels: normal ventilation, reduced ventilation (when out of the house) and boost ventilation (short maximum ventilation for quicker extraction of humidity and smells).
2. MVHR system extracts used and polluted air on a gentle, but continuous level. It might occur that steam from shower or bathing is taking longer until it is extracted, compared to usual extractor fans.
3. The system is designed to operate at max. 30dB(A) in bedrooms and all habitable rooms (almost inaudible) and max. 35 dB(A) in extract rooms (in normal ventilation mode). In boost mode some noise will be audible.  Customer to advise the Company if special requirements for noise levels are required to allow alternative specification.
4. The electrical consumption of the system is based on an efficient ducting system and clean filters. The power consumption of a defroster and possible post heater are not included.
5. If no electrical defroster is installed, the system will operate on a frost protection mode, which will switch off the system if outside temperatures fall below a certain threshold (about minus 3 degrees Celsius).

D) System Configuration

1. No allowance has been made for overcoming any obstacles for the ducting, such as beams, joists or floors.
2. The specified door gaps to the finished floor level (usually 10 to 15mm) or door grilles need to be put in place for the correct operation of the system.
3. All supply and extract ducting should be located within the thermal envelope. If supply and extract need to run in unheated space, additional insulation (about 100mm) is necessary, which is not included in this quotation.
4. The HRV unit and defroster need to be easily accessible for filter changes and maintenance.
5. Ducting between the intake and exhaust and the HRV unit, which are located within the thermal envelope need to be insulated vapour resistant to avoid condensation.
6. The warranty of the system is conditional on the system being installed in accordance with the Domestic Ventilation Compliance Guide for England and Wales, and relevant statutory requirements, by competent persons. Damages and poor performance due to poor workmanship or deviation from the design are excluded from the warranty terms.
7. The design drawings require your written approval of the HRV unit position, duct sizing, system layout, valve and grille positioning prior to first delivery to site.
8. The Company needs to rely on the Customer to verify the positions and sizes where structural elements can be penetrated. It can therefore take no responsibility for the structural soundness of such penetrations.
9. As the Company is currently not in receipt of a fire strategy for this project, no fire dampers have been included in the quotation. These can be priced and supplied, on receipt of your requirements, if needed.
10. Where at any time after the signing of the agreement the Customer requests variation or modification in the design, specification, materials or drawings of the Goods, provided that the variations or modifications are accepted by the Company, the costs thereof shall be borne by the customer.

E) Design Services

1. Design is carried out to Passivhaus design guidelines and includes:

a)      Positioning of the MVHR unit to limit the length of cold duct runs within the thermal envelope and make optimal use of the building layout.

b)      Specification of cold duct insulation to avoid condensation and minimise heat losses.

c)       Duct layout to minimise the length of the ducting system, and its complexity, and to avoid warm ducts outside the thermal envelope.

d)      Specification of external grilles.

e)      Specification of the duct system to limit the air velocity of peripheral ductwork to below 2.5m/s.

f)        Best position of room valves (inlets and outlets) to optimise air circulation and avoid short-circuits.

g)      Specification of room valves to avoid noise and achieve optimal spread of air.

h)      Specification of silencers and cross-talk attenuation.

2. Design is based on the following constraints as standard:

a)      All supply & extract ducts to be located inside the thermal envelope

b)      No more than 2 penetrations of the air tightness layer

c)       No PVC flat channel ducting

3. Customer to advise the Company of any requirements that differ from the above design constraints or any other special requirements.

4. The scope of the design does not include: Fire dampers, volume flow dampers, filter elements, condensation traps and controls.

5. Design duration is generally between three and five weeks.

6. Online MVHR Design Information Checklist is available to support the initiation of the design: www.paulheatrecovery.co.uk/services/ckecklist-0/

7. Design can commence once the floor layouts are frozen and the location of the MVHR unit has been agreed.

8. The Design Service includes five iterations following confirmation of frozen floor layouts and an agreed unit location.

9. The Company reserves the right to charge additional design fees should the floor layouts and/or location of the MVHR unit change significantly.

10. In the event of cancellation of the design, outside the cooling off period of 7 days, the Company shall be entitled to recover all reasonable costs which it has incurred, or for which it will incur liability, before refund of the design fee.

F) Installation

Should installation be included in the Agreement, the following applies:

1. The Company aims to provide best service at competitive installation prices. Therefore, confirmation is required that the site is ready for the first or the second fix to avoid unnecessary site visits. If the Company is installing the system, the Customer must confirm in writing that the site is ready according to the installation checklists.  These checklists are available in the PAUL MVHR Info Pack for signature and return or can be completed online:
   mvhr-first-fix-check-list
   mvhr-second-fix-check-list
   mvhr-commissioning-check-list
2. If installation work is delayed, due to lack of site preparation, the Company reserves the right to charge.  Cancellation or change of an arranged installation or commission date is subject to the following fees dependent on notice period:
   3-5 working days:                  £150.00 + VAT
   1-2 working days:                  £250.00 + VAT
   Same day:                              £450.00 + VAT
3. If the installation works cannot be completed because the site was not accessible or ready, additional site visits will be chargeable at a day rate of £475 + VAT + mileage.
4. Where internal or external wall, ceiling or floor finishes on existing properties needs to be disturbed in the course of the installation, the Company accepts no responsibility for making good the same at any time, unless expressly stated in the Agreement.
5. As the Company uses its reasonable endeavours to comply with any date for delivery and installation of the goods and other services, failure to do so shall not constitute a breach of the Agreement and the customer shall not be entitled to claim compensation for such failure or for any consequential loss, damage or inconvenience resulting therefrom.
6. The Company reserves the right to finish any outstanding work and make good any damage or missing work or goods in order to fulfill the Agreement. The Customer may not involve any other company without the written consent of the Company to supply the goods, works or services under the Agreement.
7. If the Company is prevented or hindered from fulfilling the Agreement or any part thereof by any circumstances beyond its reasonable control, such as industrial action, inability to obtain material or labour, power or machinery breakdown, fire, flood, civil commotion, acts of God, sabotage or any other cause, further performance under the Agreement is suspended. If the Agreement is suspended for more than 3 consecutive calendar months then either party shall be entitled by notice in writing to the other to terminate the Agreement. In such case the Company shall refund any payment which the Customer has already made, but can deduct all expenses incurred up to the time of the cancellation. The Company accepts no liability to compensate the Customer for any further loss or damage by the failure to deliver.

G) Delivery and Risk

1. Our quotation is based on two deliveries (first fix and second fix).
2. If the Customer has special vehicle requirements, special access or timed deliveries, please let the Company know as soon as possible. If thereby additional costs are incurred, these need to be carried by the Customer.
3. The Company cannot provide offloading, lifting and site positioning.
4. The risk of the goods shall pass to the Customer on delivery to the specified site until the property of the goods passes to the Customer.
5. To preserve your rights under any transit loss or damage claim, the following procedures must be followed immediately upon delivery:
6. The customer (the Assured) and their representatives must take all reasonable measures to prevent or minimise any loss and to preserve all rights of recovery against the Carrier or any other responsible party.
7. Upon receipt of the goods, the customer (the Assured) must:
   • Inspect the goods immediately upon delivery and check the condition of all packages and containers. If the package or container is damaged, this must be recorded on the delivery receipt.
   • Record any visible or suspected damage on the delivery note or Proof of Delivery (POD). Do not sign a clean POD if there is any doubt about the condition of the goods. Instead, sign under written reservation, for example: “Package received with visible damage – received with reservation.” The Company cannot claim compensation for transport damages if this has not been marked on the delivery papers.
   • Report any missing packages immediately to the Carrier, Port Authority (where applicable), or other Bailee.
   • Take clear photographs of any damaged goods, packaging and any identifying labels to support the claim.
   • Where damage is apparent, request an immediate inspection or survey by the Carrier or their representative and submit a claim for any confirmed loss or damage.
   • If damage is not apparent at the time of delivery but is subsequently discovered (concealed damage), notify the Carrier or other Bailee in writing within three (3) days of delivery.
   • Email the signed POD together with photographs within three (3) days to: Info@paulheatrecovery.co.uk
8. Upon receipt of the required documentation, we will review the claim, liaise with the manufacturer where it is appropriate to obtain a Return Material Authorisation (RMA), and arrange any necessary replacement or further action.

H) Payment and Title

1. Payments can be made by BACS, credit card, cheque and cash. Cheques should be made payable to ‘Sustainable Homes Scotland’.
2. Should the Company be unable to complete a part of the work in the installation due to the actions of the Customer, the full balance will be due for payment immediately.
3. If, with prior agreement, multiple units are to be installed in different phases, the units will be invoiced upon installation and payment will become due.
4. Title to and property in the Goods (fixed or unfixed) shall remain vested in the Company and no warranties shall apply until the account balance has been paid in full.
5. Believing that ‘we reap what we sow’, the Company endeavours to provide excellent advice, service and installation work. In return the Company asks our clients to keep to the agreed payment terms. The Company reserves the right, when payment is overdue, to charge an administrative fee for the first month, or part thereof, and interest at the rate of 2.5% above the Bank of England base rate thereafter.
6. The Customer agrees to carry all litigation costs, if the account balance cannot be settled in agreement.
7. If the Customer fails to pay a sum payable to the Company by the final date for payment and the failure continues for 7 days after the Company has given notice to the Customer of the intention to suspend performance of obligations under the Agreement, and the grounds for such suspension, the Company, without effecting its other rights and remedies, may suspend performance of any or all of those obligations until payment is made in full.  If the Company exercises its right of suspension, it shall be entitled to a reasonable amount in respect of costs and expenses reasonably incurred as a result of exercising the right.
8. The Company may at any time, without prior notice to the Customer, repossess and resell the Goods (fixed or unfixed), if agreed payments are not settled by their due dates up to the point that the account balance has been paid in full. For this purpose, the Company or its agents may enter upon the Customer’s premises or any other location where the Goods are situated.
9. The Company reserves the right to adjust prices to reflect actual increase should there be more than a 3-point increase in the ‘New work output prices (not seasonally adjusted)’ for Housing (public and private), published by the Office for National Statistics, between the date of deposit payment and the date of delivery to site.

I) Variations

1. The Company shall carry out any reasonable variation to the works, or changes in the order or manner in which they are to be carried out, that are instructed in writing by the Customer.  The Company will seek to agree any change in price or duration of the works prior to carrying out the instruction.  The Customer is to notify the Company of any variation as soon reasonably practicable.

J) Insolvency and Breach of obligations under the Agreement

1. If any of the following events occur, or are threatened or in the reasonable opinion of the Company are likely to occur:
   a)      the Customer shall commit any breach of their obligations and shall fail to remedy such breach (if capable of remedy) within the period of 7 days from receipt of notice in writing from the Company requesting such breach to be remedied; or
   b)      any distress or execution is levied upon any of the goods or property of the Customer;
   c)       or the Customer (where the Customer is a partnership or partner thereof) offers to make any arrangements with or for the benefit of its creditors or a petition presented or an order is made for the Customer to become bankrupt; or
   d)      the Customer (being a limited company) has an administrative receiver or a receiver and manager appointed to the whole of any part of its undertaking property and assets or a petition is presented or an order is made or a resolution is passed for the winding up of the Customer or for the appointment of the administrator thereof;
   then the Company shall thereupon be entitled, without prejudice to any other right it may have, to suspend forthwith the performance of obligations under the Agreement until the default has been made good or to the term in the Agreement or any other Agreement between the Company and the Customer or any unfulfilled part thereof.
2. Notwithstanding any such termination the Customer shall pay all moneys it owes to the Company for the period up to and including the date of termination and shall in addition indemnify the Company against any resulting loss, damage or expense incurred by the Company in connection with the Customer’s non-performance or breach of obligations under the Agreement.

K) Maintenance and Warranty

1. In the case of self-installation: The warranty of the system is conditional on the system being installed in accordance with the Companies’ installation guides, the respective manuals and the Building Regulations by competent persons. Damages and poor performance due to poor workmanship or deviation from the design are excluded from the warranty terms.
2. Please note that all filters of ventilation systems need to be checked, cleaned and changed regularly to ensure the correct operation of the system. Depending on the air pollution, filters usually last between 3-6 months before they need to be cleaned or exchanged; they should be changed at least once a year. Please do not forget additional filters for defroster elements and kitchen extracts. Filters can be obtained via our online shop: www.paulheatrecovery.co.uk.
3. The manufacturer’s guarantees apply: a two-year warranty on the HRV unit and one year on all moving parts. The Company also offers a two-year warranty for all installations, that have been performed by the Company. For warranty purposes please contact us via email: info@paulheatrecovery.co.uk or via phone: 0845 3885 123.
4. The system should be serviced every two years by a competent engineer. Unless otherwise stated the purchase and installation of an MVHR system does not include the servicing and supply of exchange filters.

L) Data Protection

1. The Company will use your information to personalise our communications with you and to inform you about offers on our filter products and maintenance services. The Company will not pass your information to any other company, unless for the above reasons.

M) Cancellation Policy

1. In the event of an order cancellation, outside the cooling off period of 7 days, the Company shall be entitled to recover all reasonable costs which it has incurred or for which it will incur liability before returning any deposit payments.