Terms & Conditions

A) The contract
1. No contract shall come into being between the Company and the Customer until the deposit has been received in full.
2. The Customer needs to check if any special representation or promise made are put in writing in this purchase agreement.
3. With the payment of a deposit, the Customer agrees to this Purchase Agreement and its Terms & Conditions.
4. These conditions do not limit or exclude the statutory rights of the Customer.
5. If at any time any part of these clauses is held to be or becomes void or otherwise unenforceable under any applicable law, the validity of the remaining provisions of this Contract 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 can take no responsibility, that it can cover all the space heating demand. 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 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. If special requirements for noise levels are required, please do let us know for providing an 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 Compliance Guide 2010 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.
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 we are currently not in receipt of a fire strategy for this project, no fire dampers have been included in the quotation. Should these be required, we will be happy to provide additional costs once we are in receipt of your requirements.
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) Installation
When an installation contract has been agreed, the following applies:
1. We aim to provide best service at competitive installation prices. Therefore we need to rely on your feedback that the site is ready for the first or the second fix, in order to avoid unnecessary site visits. If we are installing the system, would you please confirm in writing that the site is ready according to the installation checklist. If we are asked to come to site and are delayed in the installation work due to lacking site preparation, the Company reserves the right to charge day rates for additional work and to charge travel expenses for additional site visits.
2. 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 expressively stated in the contract.
3. 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 contract and the customer shall not be entitled to claim compensation for such failure or for any consequential loss, damage or inconvenience resulting therefrom.
4. The Company reserves the right to finish any outstanding work and make good any damage or missing work or goods in order to complete the contract. The Customer may not involve any other company without the written consent of the Company in order to complete the contracted goods, works or services.
5. If the Company is prevented or hindered from performing the contract 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 of the contract is suspended. If the contract is suspended for more than 3 consecutive calendar months then either party shall be entitled by notice in writing to the other to cancel the contract. 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.

F) 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. The Customer or his representative needs to check delivered Goods immediately on receipt for obvious damages. If obviously damaged Goods have been received, the Customer has to mark this in the delivery note before signing it. Unfortunately we cannot claim compensation for transport damages, if this has not been marked in the delivery papers.
6. Claims by the Customer on short or incorrect delivery of Good or not obviously damaged Goods shall be notified in writing to the Company within 7 days of receipt of the Goods. If possible please accompany a picture of the respective items. The Company shall make good any shortage or errors as soon as reasonably possible.

G) Payment and Title
1. Payments can be made by BACS, cheque and cash. Cheques should be made payable to ‘Sustainable Homes Scotland’. Unfortunately we cannot accept credit card payments.
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 your agreement the products are not all installed at the same time, the units which have been installed will be invoiced and payment becomes 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’, we endeavour to provide excellent advice, service and installation work. In return we ask our clients to keep to the agreed payment terms. For overdue payments we reserve the right to ask for an administrative fee for the first month or parts thereof and thereafter interest at the rate of 2.5% above the Base Lending Rate for the time being fixed by The Royal Bank of Scotland plc.
6. The Customer agrees to carry all litigation costs, if the account balance cannot be settled in agreement.
7. The Company may at any time without prior notice to the Customer repossess and resell the Goods (fixed or unfixed), if the agreed payments are not settled by the due date until 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.

H) Insolvency and Breach of Contract
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 the contract 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 levies 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 the contract until the default has been made good or to the term in the contract or any other contract 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 the contract.

I) Maintenance and Warranty
1. In 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 by 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.

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

K) Cancellation Policy
1. We will use your information to personalise our communications with you and to inform you of about offers on our filter products and maintenance services. We will not pass your information to any other company, unless for the above reasons.
2. In the event of an order cancellation out with the 7 days period, 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.