The Guarantee sets out the terms upon which Evergreen Energy Ltd offers Guarantee cover for the Services supplied by it to its Customers, and for the installation services provided by Evergreen Energy Ltd Registered Installers. Terms defined in Evergreen Energy Ltd’s Terms and Conditions bear the same meaning when used in this Guarantee. Your attention is drawn to Evergreen Energy Ltd’s Terms and Conditions, which includes provisions relevant to the Guarantee set out below.
1. Installation services
1.1. Evergreen Energy Guarantee to you that the Installation Services will be performed by the appropriately qualified and trained Evergreen Energy Registered Installers using reasonable care and skill, to such high standard of quality as it is reasonable for you to expect.
1.2. The Guarantee Period for the Installation Services shall be two years from completion of the Installation Services.
2. Remedial action
2.1. If you make a valid claim about our Installation Services in accordance with Evergreen Energy’s Terms and Conditions, Evergreen Energy may arrange for the relevant Installation Services to be reinstalled by any of Evergreen Energy’s Registered or approved Installers or refund to the Customer for the charge for the relevant part of the Installation Service (or a proportionate part of such charge).
3. Exceptions
3.1. This Guarantee will only apply:
3.1.1. If the Installation Services and Product has been installed by an Evergreen Energy Registered Installer and has been properly used and maintained throughout the Guarantee Period.
3.1.2. If you have informed Evergreen Energy of the alleged defect within the Guarantee Period and within a reasonable period of discovery.
4. General conditions
4.1. You will promptly provide all information and support including access to site and services reasonably necessary to enable Evergreen Energy to evaluate any alleged defect and to perform its obligations under this Guarantee.
4.2. You agree that all premises, plant, power, fuel support services and other inputs that you provide for the installation and use of the Products are reasonable, are fit for purpose and will be properly used and provided.
5. Expertise
5.1. Any dispute as to whether a defect is covered by this Guarantee can be handled by the Home Insulation & Energy Systems Contractors Scheme Dispute Resolution Process as detailed in section J of the HIES Code of Practice.
6. Third party rights
6.1. When Evergreen Energy has installed a system in a property that is sold within the Guarantee Period the Guarantee will pass to the new legal owner of the property. It may not be transferred to or exercised by any third party.
7. Law
7.1. This Guarantee is governed by English law and the English courts or by the law and the courts governing here your property is if this is outside England or Wales.
8. Manufacturer’s product guarantee and/or warranty
8.1. Most Products supplied by Evergreen Energy come with the benefit of a manufacturer’s product guarantee and/or warranty. Where a claim in respect of any of the Products is notified to Evergreen Energy by you in accordance with the Evergreen Energy’s Terms and Conditions, whilst under Workmanship Guarantee Evergreen Energy will liaise with the manufacturer and use all reasonable endeavours to secure a replacement of the Product (or the part in question) or a refund of the price of the Product (or a proportionate part of the price). This Workmanship Guarantee and/or manufacturer’s product guarantee and/or warranty does not replace or limit your legal rights to bring a claim to Evergreen Energy as the retailer of the goods supplied.
Evergreen Energy LTD reserves the right to amend the guarantee policy procedure without notice.