What do these terms cover?
1.1. These terms and conditions (“Ts&Cs”) provide our obligations to you and your obligations to us (So Energy) around the process of you applying for ECO4 Measures and us installing ECO4 Measures for you.
Key Terms
You should read all of the Terms and Conditions carefully. However we would like to draw your attention in particular to the following:
- You must provide accurate information about yourself and your property. If you provide false or misleading information, we may terminate the Contract and you will be liable for costs and losses incurred by us (Conditions 6.1.1, 13.2.2, 13.2.3).
- If you apply for inclusion in the ECO4 Scheme but do not agree to have recommended ECO4 Measures installed, you will be liable for a fee of £120 (Condition 4.5).
- You may not elect to have some, but not all, of recommended ECO4 Measures installed (Condition 4.4).
- If you obstruct or interfere with the carrying out of the installation works, you will be liable for costs and losses incurred by us (Condition 6.2).
- If you do not allow the post-completion inspection/survey, you will be liable to pay the entire cost of the ECO4 Measures installed at your property (Condition 6.3).
- Except in certain circumstances such as death, personal injury and non-minor damage to your property, our liability to you is capped at a maximum of £5,000 (Condition12.1).
2. Definitions
2.1. The following definitions are used in these Ts&Cs:
"We" are So Energy Trading Limited (company number 09263295). Related expressions like "us" or "our" should be read accordingly.
"You" are the person who is receiving the Specified ECO4 Measures installed at your property. Related expressions like "your" should be read accordingly.
"Commissioned" means that the Works have been completed and relevant systems installed are operational.
“Contract” means the contract for the supply and installation of the Specified ECO4 Measures at your property comprising of the Energy Efficiency Improvement Plan, your acceptance, these Terms and Conditions, and any other terms that may be agreed between us.
“Contract Date” means the date the Contract is formed, being the date we receive digital signature of the “ECO4 Eligibility Confirmation” from you.
“Customer Declaration Form” means a form signed by you confirming you are satisfied that the Works have been properly completed.
“Distribution Network Operator (DNO)” means a company licensed to distribute electricity in your property’s region, and from whom prior permission may be required before installing some ECO4 Measures
“ECO4 Eligibility Confirmation” means the letter sent to the Customer confirming they meet the personal eligibility criteria for ECO4 support. It includes the next steps and the terms and conditions for receiving ECO4-funded energy efficiency improvements.
“ECO4 Measures” means energy efficiency improvements to a property, which may be or include cavity insulation, heat pump installation, Solar PV installation and other measures as detailed in the Energy EfficiencyImprovement Plan.
“ECO4 Scheme” means the UK Government initiative labelled “ECO4” dedicated to enhancing home energy efficiency, reducing emissions, electricity usage and energy bills across GreatBritain
“Enabling Works" means any works identified during the Retrofit Assessment that must be completed prior to the installation of any ECO4 Measures, in order to ensure compliance with the requirements of the ECO4 Scheme.
“Energy Efficiency Improvement Plan” means the document provided to the Customer which summarises the energy efficiency measures proposed for installation at the Property under the ECO4 Scheme. It outlines the type and scope of each measure, the intended outcomes, and the expected levels of improvement to theProperty’s energy performance, including estimated changes to the EPC rating or SAP score where applicable.
"Handover Pack" means the handover pack we send you once your Specified ECO4 Measures have been Commissioned.
“Installation Start Date” means the date the installation of the Specified ECO4 Measures begins or (if earlier) the date the Enabling Works commence
“Installer Partners” means partners we have engaged for any element of our obligations, including conducting assessments, surveys and inspections and carrying out of Works for the relevant ECO4 Measures.
"Minor defects" means minor damage (not being matters which only require re-decoration or touching up) which does not affect the integrity of your property, or technical issues outside our control which do not affect the operation of the ECO4 Measures installed at your property
"Permitted Development Rights" means an automatic grant of planning permission which allow certain building works and changes of use to be carried out without having to make a planning application.
“Pre-InstallationTechnical Survey” means a further survey required for installations with complex requirements, for example heat pump installations requirements.
“Retrofit Assessment” means the assessment carried out in accordance with PAS 2035 to determine the condition of the property, whether the property is eligible for the ECO4 Scheme, identify suitable energy efficiency measures, and ensure that any installations meet the requirements of the ECO4 Scheme.
"Solar PV" means photovoltaics or solar panels.
“Social Housing” means a residential property owned or managed by a social housing provider
“Specified ECO4 Measures” means the ECO4 Measures that have been outlined in the Energy Efficiency Improvement Plan and subsequently installed, Commissioned and signed off by you as complete.
“Working Day” means any day other than a Saturday, a Sunday or a bank or public holiday
"Workmanship Warranty" has the meaning given to it in Condition 10 of these Ts&Cs.
"Works" means the delivery and installation of the Specified ECO4 Measures.
3. So Energy Information
3.1. So Energy is a trading name of So Energy Trading Limited a company registered in England and Wales with company number 09263295 and registered office is at Studio 2, Power Road Studios, 114 Power Road, London, England, W4 5PY. Our VAT number is 218402924.
3.2. We are registered with and/or are members of and comply fully with the standards, requirements and obligations of:
3.2.1. The Microgeneration Certification Scheme (“MCS”)
3.2.2. The Renewable Energy Consumer Code ("RECC")
3.2.3. The Energy Performance Verification Scheme (“EPVS”)
3.2.4. The Government-endorsed quality scheme Trustmark for the delivery of energy efficiency measures under the ECO4 Scheme.
3.3. So Energy Trading Limited is authorised and regulated by the Financial Conduct Authority and our firm reference number is 935278. We act as a credit broker not a lender and offer consumer finance from a lender.
4. Eligibility and Application
4.1. When you apply for inclusion in the ECO4 Scheme we will ask you to provide information about yourself to satisfy us that you meet the criteria of the ECO4 Scheme. We may also seek confirmation from the Department of Work and Pensions. You or a member of your household must meet the eligibility criteria for the ECO4 Scheme to apply.
4.2. If the eligibility criteria are met, we will carry out a Retrofit Assessment, to ensure that your property is eligible for the ECO4 Scheme, to assess which ECO4 Measures are suitable for installation at your property, and whether any other works are required to facilitate those ECO4 Measures.
4.3. On completion of the Retrofit Assessment, and subject to you and your property meeting the eligibility criteria of the ECO4 Scheme, we will prepare and provide you with an Energy Efficiency Improvement Plan outlining the ECO4 Measures that we consider suitable for your property.
4.4. You may agree for all of the ECO4 Measures set out in the Energy Efficiency Improvement Plan to be installed at your property, or you may decide not to proceed with any ECO4 Measures. You may not elect to have only some of the ECO4 Measures installed.
4.5. If you decline to proceed with the proposed ECO4 Measures, we will charge you £120 to cover the cost of the Retrofit Assessment.
4.6. If you agree to proceed, the ECO4 Measures that will be installed are the “Specified ECO4 Measures”.
4.7. If you agree to proceed with the Specified ECO4 Measures, we will arrange for further inspections or surveys of your property, in order to complete the design of the Specified ECO4 Measures. During this phase we will discuss and agree with you the placement and routing of equipment, cabling and piping.
4.8. On completion of the design of the ECO4 Measures, we will contact you to agree an Installation Start Date.
4.9. You may change the Installation Start Date by notifying Us, but you must provide at least 2 Working Days’ advance notice.
5. Consents and permissions
5.1. Before the Works commence, you must obtain and show to us any consents, permissions and/or authorisations that may be necessary for the Works to be carried out. These may include:
5.1.1. if you are not the owner of your property, the consent of the owner of the property;
5.1.2. if your property is Social Housing, the consent of the social housing provider;
5.1.3. other permissions specific to the nature or location of your property, for example listed building consent
5.2. You agree to assist us in making any relevant applications to the DNO. This may include issuing us with a suitable letter of authority to signify you are happy for us to handle this on your behalf.
5.2.1. You acknowledge that if the DNO application process results in a charge for the connection request or the DNO presents network upgrade charges to complete additional network upgrades to accommodate the proposed installation, So Energy are under no obligation to accept and pay for these charges
5.2.2. You acknowledge that should So Energy not accept any proposed charges by the DNO we will either cancel the contract or re-design your system to ensure it aligns with the minimum DNO requirements to connect to the grid where additional charges do not apply.
6. Your Obligations
6.1. You must;
6.1.1. provide accurate information relating to yourself, your household and your property, to enable us to assess your eligibility under the ECO4 Scheme, and to assess and design the relevant ECO4 Measures;
6.1.2. provide unobstructed access to all relevant parts of your property for the purpose of carrying out assessments, surveys and inspections, carrying out the Works, post completion inspections and related matters. This may include clearing driveways, lofts, airing cupboards or other areas to allow the Works to be carried out;
6.1.3. arrange to have someone over the age of 18 present at your property at all times during the carrying out of the Works; and
6.1.4. not obstruct us in, prevent us from, or delay us from carrying out any Works or interfere with any Works during installation
6.2. If you breach these obligations, you will be liable to us for additional charges and/or losses we may incur, including charges by our Installer Partners, the costs of works partially carried out or materials and equipment that cannot be re-used and the loss of benefits under the ECO4 Scheme.
6.3. You must also facilitate a post-completion inspection of your property and the Specified ECO4 Measures, which is a requirement of the ECO4 Scheme. If you refuse to allow that inspection to take place, you will be liable to us for the full cost of the Works.
7. Our Obligations
7.1. We will;
7.1.1. carry out the works in a timely and workmanlike manner, using good quality materials (which will be new unless otherwise agreed with you), in line with all applicable standards, guidance and regulations, and endeavour to minimise any inconvenience to you;
7.1.2. initiate and process all relevant DNO applications
7.1.3. Use reasonable endeavours to complete all Works within 28 days of commencement;
7.1.4. Ensure that our Installer Partners have all necessary qualifications and certifications, according to their roles and responsibility
8. Completion
8.1. On completion of the Works all Specified ECO4 Measures will be Commissioned and operational.
8.2. On completion of the Works we will provide you with the Handover Pack containing information about the Specified ECO4 Measures, including instructions on operation, care and maintenance and information on manufacturers warranties.
8.3. You will be asked to sign a Customer Declaration Form, stating your agreement that the Works have been satisfactorily completed. If you decline to sign the Customer Declaration Form, you must provide a full explanation in writing within 5 Working Days. If you refuse to sign the Customer Declaration Form without good reason, we reserve the right either (i) to charge you the full cost of the Installation; or (ii) to remove the Specified Install Measures from your property (and you must provide access to us to do so).
9. Unforeseen circumstances
9.1. We may alter or delay the Works or, in extreme cases, cancel the contract if we discover or become aware of:
9.1.1. asbestos or other hazardous materials in your property;
9.1.2. power cables which require shrouding or re-routing;
9.1.3. unforeseen structural or electrical defects in your property;
9.1.4. information which affects or which may affect your eligibility under the ECO4 Scheme;
9.1.5. your breach any of your obligations under these Ts&Cs;
9.1.6. any delays in the issue of any DNO consent or other authorisation;
9.1.7. any other matter affecting the Works which we could not reasonably have foreseen.
9.2. If any of these circumstances apply, we will discuss with you the implications of the matter and potential solutions and workarounds. We will not be liable to you for any inconvenience caused by such delays or cancellation.
10. Our Workmanship Warranty
10.1. We warrant that the Specified ECO4 Measures and the Works shall be free from defects for a period of 2 (two) years following the date when the Specified ECO4 Measures were Commissioned (the "Warranty Period") (our “Workmanship Warranty”). This warranty does not cover Minor Defects.
10.2. If you notify us of a defect (which is not a Minor Defect) with the Specified ECO4 Measures or the Works within the Warranty Period then we shall (at our option) repair or replace the components or reconduct the Works.
10.3. Our Workmanship Warranty shall not apply where:
10.3.1. You have failed to operate and/or maintain the Specified ECO4 Measures in accordance with our written directions set out in the Handover Pack or other documentation provided;
10.3.2. You tamper with, or you allow any third party to tamper with, adjust or work on parts or any part of the Specified ECO4 Measures; or
10.3.3. Your property and/or the Specified ECO4 Measures is subjected to damage occurring through natural disasters, acts of God or due to human/wildlife intervention, accident or negligence that is not caused by us.
10.4. Our Workmanship Warranty is insurance backed (see Condition 11 of these Ts&Cs).
10.5. The components making up your Specified ECO4 Measures are guaranteed by its manufacturer. These guarantees are set out in your Handover Pack and we will provide you with access to any and all guarantee documentation relating to these components. We do not provide any additional guarantee for the Specified ECO4 Measures.
11. Insurance backed Workmanship Warranty
11.1. Our Workmanship Warranty is insured by the "IWA" scheme. By entering into the Contract, you consent to us registering your name, address, details and value of the Specified ECO4 Measures with the IWA administrators. You will be issued with a warranty assurance certificate and number.
11.2. In the unlikely event we cease trading you will be entitled to the following protections according to the terms described in your insurance policy: (a) any deposit or initial payment you have made will be refunded under the insurance policy (excluding any Application Fee); and (b) any Works completed or in progress will be covered and fulfilled through the insurance policy (including any of our outstanding obligations) at no extra cost to you.
12. Limitation of Liability
12.1. Subject to condition 12.3 our total liability to you in respect of any matter arising under or connection with the Contract will be limited to the reasonable cost of remedying the issue, up to a maximum of £5,000.
12.2. We will not be liable to you for:
12.2.1. any loss or delay caused by circumstances beyond our reasonable control, including (but not limited to) installer unavailability, staff illness, unavailability of materials, inclement weather, restrictions imposed by any authority or natural disaster; or
12.2.2. any indirect or consequential loss
12.3. Notwithstanding any other provision of these Ts&Cs, our liability to you shall not be limited in any way in respect of the following:
(a) death or personal injury caused by negligence;
(b) damage to your property, other than Minor Defects’
(c) fraud or fraudulent misrepresentation; or
(d) any other losses which cannot be excluded or limited by applicable law.
13. Termination
13.1. Your right to terminate
13.1.1. You may terminate the Contract within 14 days of the Contract Date by notifying us in writing (letter or email) to the address specified at Condition 15 (Notices). If you terminate the Contract within this period, we will charge you a fee of £120 to cover the cost of the Retrofit Assessment.
13.1.2. If you have requested the Works to commence sooner than 14 days after the Contract Date, you may only terminate if we receive your notice of termination before the Installation Start Date. If we receive your notice of termination less than 2 Working Das before the Installation Start Date, we may charge you an additional cancellation fee of £120.
13.1.3. You may terminate the Contract by notifying us in writing if we are in serious breach of our obligations and have failed to rectify the breach within 10 Working Days of being notified of the breach.
13.2. Our right to terminate
13.2.1. We may terminate the Contract if you are in breach of any of your obligations and fail to rectify the breach within 5 Working Days (or such shorter period as we may reasonably specify in the circumstances) of written notice from us.
13.2.2. We may terminate the Contract if we discover that you have provided false or misleading information regarding your or your property’s eligibility for the ECO4 Scheme.
13.2.3. If we terminate the contract under condition 13.2.1 or 13.2.2, you will still be liable to pay any fees or charges due to us under these Ts&Cs.
14. Data
14.1. We will only use your personal data in accordance our privacy policy, which is available here: https://www.so.energy/privacy .
15. Notices
15.1. All notices served under the Contract shall be in writing and shall be sent to the respective party at the following addresses, or to such other addresses as may be designated by the parties in writing from time to time in accordance with this condition, by hand, by email as a PDF attachment, by prepaid registered mail or by prepaid express courier service:
- To So Energy Trading Limited (by hand delivery/mail/courier): FAO: Solar Team, So Energy Trading Limited, Studio 2, Power Road Studios, 114 Power Road, Chiswick, W4 5PY
- To So Energy Trading Limited (by e-mail): solar@so.energy
- To the Customer (by hand delivery/mail/courier): the address of the Customer’s property
- To the Customer (by email): to the email address (if any) provided by the Customer
15.2. All notices shall be deemed received (a) if given by hand, immediately, (b) if by email, the second Working Day at 9am following transmission, (c) if given by registered mail, the second day following posting, or (d) if given by express courier service, the second day following dispatch.
16. Complaints Procedure
16.1. We hope you don't have any reason to complain about our service or have any disputes with us relating to the Contract. Where you do have a complaint or wish to open a dispute, please contact us in the first instance so we can attempt to resolve the issue or dispute informally. Please see our Complaints Policy on our website at https://www.so.energy/energy/eco4-complaints for more details.
16.2. If we are unable to resolve the issue or dispute informally, we will discuss with you the most effective way of resolving the issue using mediation or arbitration dependent on the nature of the dispute.
16.3. You can raise complaints through our complaints process. If unresolved, escalation can also be made to TrustMark Complaints process .
17. General
17.1. We may transfer, assign or novate any or all of our rights or obligations under the Contract without your consent. This will not affect your rights under the ’Contract.
17.2. We may subcontract any of our obligations under the Contract to our Installer Partners.
17.3. You may not transfer or assign or novate the Contract or any of your rights under it without first obtaining our written consent.
17.4. If any part of the Contract is declared invalid or is void or unenforceable, the validity of the rest of the terms of the Contract will not be affected.
17.5. If we do nothing, or delay taking action, if you breach the Contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the Contract by you.
17.6 The laws of England and Wales apply to the Contract where the property is in England or Wales. If the property is in Scotland, the laws of Scotland shall apply. The courts of England and Wales (English/Welsh property) or Scotland (Scottish property) shall have exclusive jurisdiction in respect of any matter or claim arising under this Contract.
18. Statutory Rights
18.1. Nothing in these Ts&Cs affects your statutory rights.