A- Terms and Conditions
These Terms and Conditions apply to the Contract between Bristol City Council (BCC) (“we”, “us” or “our”) and the person or individuals who have signed the Order Confirmation Form (“you” or “your”) for the provision and Install of any energy management products and services (the “installations”) at the property (“Property”) to which the quotations and Order Confirmation Form applies.
You must only sign the Order Confirmation Form if you are over 18 years old and you are either the owner of the Property, or, if you are a tenant of the Property, you have obtained the consent of the landlord of the Property and can provide a copy of this consent, along with the landlords contact details to BCC.
1. Our Responsibility
1.1 Before issuing the Quotation we will discuss the proposed Works for your Property with you. We will assess whether the proposed Works will meet your requirements and if not, we will try to identify alternative solutions, discuss these with you and provide you with a Quotation (the “Quotation”) for the agreed Works.
1.2 The Quotation for the agreed Works is provided without charge and you are not obliged to accept it. We reserve the right to cancel the Contract in accordance with clause 7.1.
1.3 The quotation will remain valid for a period of 14 days from the date indicated on it (the “Quote period”). If you sign the Order Confirmation Form and pay your contribution within 14 days of the date of the Quotation, we will arrange for Works to be completed at the price on the Quotation. Should the 30-day Quotation period expire before we receive your signed Order Confirmation Form and deposit and other associated documentation as listed in your Quotation, we reserve the right to amend the price or conduct a further survey to provide a new Quotation (whichever we decide is most appropriate).
1.4 We reserve the right to change your Quotation for reasons beyond our control. If we do this and it causes an increase in costs, we will provide you with a new Quotation giving detail of the extra costs. ‘Reasons beyond our control’ include; for example, changes in the design and manufacture of a product which causes further work to install it or requires additional inspections, or due to changes in legislation, including Health and Safety legislation.
1.5 We engage third-party surveyors, energy assessors and inspectors. We also engage third-party installers to carry out the Works. We will use all reasonable endeavours to ensure the Works are completed in accordance with industry best practice and obtain relevant industry accreditations as agreed in your Quotation. We will ensure that the Works comply with any applicable health, safety or environmental laws and regulations except where paragraph 2.5 below obliges you to do this.
2. Your responsibility
2.1 You will permit us, at a pre-arranged time between 08:00 – 18:00, Monday to Friday (normal working hours), to
(a) Meet with you to discuss the Works to be carried out and to agree a mutually acceptable date to commence the Works and for the duration of the works;
(b) Carry out any survey or inspection of the Property and the location(s) at or in the Property where the proposed Works are to be carried out;
(c) Carry out the Works and any remedial works that may be required.
We will only enter the Property by agreement with you. We will also need access to and use of your electricity and water supplies in order to carry out the Works.
2.2 Items at risk during the Installation process must be moved and or covered for protection. You will ensure, before we commence the Works, that all the furnishings, ornaments and other personal items are removed from the affected location so that we can carry out the Works. You will adequately cover and protect from dirt and dust all fixtures and fittings that cannot be moved from the location. Dust sheets are not a guarantee against damage and or marking. You will remove any items that would inhibit the Contractors ability to install the Works, and that have been agreed to be moved prior to the Contractor starting the Works. Where items have not been moved as agreed, and the Contractor is unable to proceed with the Works, an additional ‘abortive works’ charge may be applied to your final invoice.
2.3 You are responsible for obtaining the consent or permission from third parties, such as neighbours and adjoining owners (for example under the Party Wall Act), planning permission from the Local Authority, landlord and/or your mortgage provider as necessary. You must provide these to us if we ask for them. If you do not provide us with these consents or permissions, we shall be entitled to either delay the installation until such documentation is provided or decline to install the Works. If the latter, you may incur administration and other charges as detailed in the Notice of Cancellation.
2.4 You will store in a safe, dry environment all parts and products delivered to you in advance of the Works and take care that they are not damaged whilst being stored by you. They remain our property until you have paid in full but you are responsible for all risks including any damage to or loss of any parts or products whilst stored by you and you will pay the costs of replacement for such damage or loss.
2.5 You are responsible for checking the Works on completion and advising us of all defects, and any damage caused as a consequence of the Works that is apparent during an inspection. You are responsible for reporting any damage or incomplete works to the Contractor, a BCC onsite representative, or contacting our call centre and notifying us of this within 24 hours of the inspection. We will not be liable for any such losses that you do not tell us about before our workmen leave the property. All other defects and losses in relation to the Works carried out at the Property should be reported to us within 6 months of completion of the Works. This is the defects liability period. Any defects or losses that appear after this date will need to be claimed via the guarantee.
2.6 You agree that we will be granted the opportunity to remedy any defect or loss resulting from the Works. If we are not granted such opportunity we will not be responsible for any additional costs incurred as a result of you arranging for other tradesmen to remedy any defects or involving other installers first.
2.7 If you choose to take part in the project you will agree to participate in the research element around Smart Homes. This will involve providing your contact details to the University of the West of England who will be contacting you to provide information about your experience of the project after a year of your appliance being installed. With prior consent, some households may also be invited to take part in promotional activities such as case studies. Please see the project privacy notice at the end of this document.
3. Things you should know
3.1 We are providing and installing the products to you. In doing so we do not undertake structural or other types of building surveys and therefore if the Works cannot be completed, or any damage is caused as a result of existing structural or other defects in your property or the existing energy or water systems, we cannot be held responsible for such damage.
3.2 If we start the Works and discover that any part of your existing system to be retained, is unsafe, unlawful, damaged or unusable it must be rectified at your cost. We will discuss this with you and agree any further costs before these are incurred by you.
3.3 If you provide us with incorrect measurements or any other incorrect information on which we have relied to prepare the Quotation, we reserve the right to increase our Quotation to cover the costs arising in consequence of your incorrect measurement or information.
3.4 Some products require servicing or special care and maintenance and we will provide you with the necessary instructions for this on completion of the Works. We take no responsibility for damage subsequently caused or costs incurred by a failure to follow care and maintenance and servicing instructions.
3.5 You will automatically invalidate any and all guarantees or warranties we have issued to you if you allow any third party to undertake remedial or other work on the Works without our written consent.
3.6 Please be aware that this project is working on a first-come-first serve basis. As a result, please ensure you complete the attached forms and return with required documents in a timely manner to secure your spot in the project.
4.1 The principal equipment within the product comes with a manufacturer warranty. Such warranty covers manufacturing faults, satisfactory quality of the equipment within the meaning of the Supply of Goods and Services Act 1982 and fitness for the purpose for which the equipment is designed. We do not manufacture the products equipment or components and cannot ourselves warrant or guarantee their performance.
4.2 We warrant that the Product(s) and the workmanship will comply with the quotation for a period of 6 months, as may be amended by paragraph 3.5.
4.3 You must inform us when you become aware of any faults in the Works and/or the products installed within the 6 months defects liability period, otherwise you could invalidate the warranty. Any servicing or repairs required to the products to maintain the guarantee must be implemented year on year, until such times as the guarantee becomes out of date.
5. Grant Funding, Price and Payment
5.1 The Total Installation Cost, including VAT, for all the work contained in the Quotation is as stated on the Quotation. The Quotation also shows the amount of Grant Funding the Council expects to receive towards your Total Install Cost to reduce the contribution payable by you. If there is no grant funding that can be applied to your installation this section will not appear on your quotation.
5.2 You will need to pay the deposit set out in the Quotation at the time you sign the Order Confirmation Form.
5.3 If stage payments are requested they will be identified on your Quotation together with dates for payment.
5.4 Failure to make required payments by the dates set out in the Quotation may result in delay to progress of the Works. Failure to make payments at all may result in termination of This Contract with you and recovery of any legitimately incurred costs arising from such failure, in accordance with the provisions of clauses 5.8 and 7.1(c).
5.5 Grant funding is subject to availability. If the funder withdraws any or all the Grant Funding for reasons outside our control we will not be able deduct the Grant Funding from your Total Installation Cost. We will notify you before starting the Works or as soon as reasonably practicable after being informed of the Grant Funding ceasing to be available and give you the choice of either cancelling the Contract or paying the Total Installation Price and proceeding with the Works.
5.6 Grant Funding is subject to us being able to supply completion documents signed by you to the grant providers. If you fail to sign and return to us the completion documents we require or otherwise prevent us from applying to the funder for the Grant Funding towards your Total Installation Cost you will be required to pay the Total Installation Cost.
5.7 The final balance of the Total Installation Cost specified in the Quotation will be due upon completion of the Works.
5.8 If you fail to pay any sum owed under this Contract then you shall be liable to pay interest to us on the sum payable from the date when it became payable at the rate of 3% above the base rate of HSBC Bank plc. Guarantees or warranties will not be provided until the full balance owed by you is paid.
6. Delivery and Installation
6.1 We will arrange dates for delivery of products (if relevant) and commencement of the Works with you as soon possible after receiving your signed Order Confirmation Form and deposit payment. We will make all reasonable efforts to meet the agreed dates and to complete the Works but take no responsibility for failure to do so and do not accept any liability for loss or damage incurred by you or any other person should we be unable to carry out and complete the Works on or by the agreed date.
7. Cancellation Rights
7.1 We reserve the right to cancel this Contract in the following circumstances:
(a) Where, after the design for the Works has been produced, it is apparent that the work as shown in the Quotation cannot be carried out for safety or other technical reasons; and/or
(b) where, after the designs for the Works has been produced, we find it necessary to recommend design changes for safety or other technical reasons which you do not agree to; and/or
(c) where you fail to make payments when due, or at all, as set out in clause 5.4.
7.2 You may cancel the Quotation within fourteen days of the date you sign on the Quotation you return to us and provided we have received your deposit, we will return it to you without deduction.
7.3 If we cancel the Contract under paragraphs 7.1(a), 7.1(b) or 7.1(c) we will charge you for any costs and expenses we have reasonably incurred, up to the date of cancellation.
7.4 You may cancel the Contract at any time before the Works Commence, provided that you will be responsible for the cost of:
(a) the manufacture of any custom made parts required for the Works in your property.
(b) costs of any good and services supplied if the Installation works commenced, or materials were ordered, before we received your written cancellation notice.
If you cancel your order at this stage we will deduct 25% of the deposit and such reasonable costs to cover the costs outlined above and return the remainder to you. If these costs exceed the value of the deposit you will be required to make up the shortfall. Where you cancel the Contract but have paid for any product(s) we will at your request deliver (but not install) the Product(s) to you.
7.5 To cancel the Contract you should fill out the cancellation notice (page 5) and send this to us by post or email. Contact details for where to send the letter are set out in paragraph 8.1 below. If you choose to cancel the Contract under paragraph 7.2 but tell us verbally, you will need to confirm your cancellation in writing by email or letter and send it to us at the address in paragraph 8 below to reach us within seven days of telling us you wish to cancel.
8. Contact details
8.1 Our contact details are:
Postal Address: Warm Up Bristol
BCC Energy Service
PO Box 3176, BRISTOL
Telephone: 0117 35 21180
9. Ownership of goods
9.1 We retain ownership of all parts and products delivered to you and installed in the Property, until we have received cleared funds of full payment into our bank account however paid (e.g. by cheque, electronic transfer, credit or debit card).
10. Complaints and Warranty claims
10.1 If the Works we carry out at the property are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity or if any part of the Works are performed negligently or in breach of the provisions of the Quotation or this Contract, you should let us know of the problem immediately by telephone to the telephone number set out in paragraph 8.1, especially if the fault potentially poses a danger to the health and safety of individuals. Alternatively, you should write to us at our contact address as set out in paragraph 8.1 as soon as reasonably practicable.
10.2 Warranty claims made by you under paragraph 4 are claims against the equipment provider of the faulty equipment and whilst we agree to support with the warranty process we are not liable for such claims.
10.3 Our total liability in respect of any potential claim (excluding death or personal injury caused by our negligence) is limited to the amount set out in the Quotation for the Total Install Costs.
10.4 We shall not be liable to you for any form of indirect or consequential losses incurred by you including loss of profits, salary, pure economic loss, depletion of goodwill or otherwise.
11.1 Nothing in the Contract shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
11.2 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.3 This paragraph 11 shall survive termination of the Contract.
12.1 The copyright and all other intellectual property rights of whatever nature in any designs, artwork, photographs, digital images or other material produced by us as part of the work, are and shall remain our property. Use of these materials by you or anyone else for any other purpose than for the Works at the Property is prohibited unless we give our written consent.
12.2 If any part of these terms and conditions is unenforceable, the enforceability of any other part of these conditions will not be affected.
12.3 Nothing in these terms and conditions affects your statutory rights as a consumer.
12.4 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and despite any other provision of these Terms and Conditions this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12.5 If we waive any breach by you of any term of these Terms and Conditions it shall not be deemed to be a waiver of any subsequent breach or default and shall not affect these Terms and Conditions.
12.6 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.7 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
12.8 All terms of the Contract between you and us are contained in the Quotation, your signed Order Confirmation Form and these Terms and Conditions. No representation or warranty is made or given by us save as appears herein. No variation of or addition to the work specified in the Quotation shall have effect unless agreed in writing under the signature of a duly authorised officer of the Council.
12.9 All of the personal information provided by you to us will be held and processed in accordance with the Data Protection Act 1998 and the provisions of the General Data Protection Regulation (GDPR) as and when it becomes applicable. We shall take reasonable steps to ensure that your personal information is stored securely without the risk of loss, destruction, or corruption of the system that we use to store the information. We may transfer your personal information to third parties to help us deliver or fund the Works or product(s) but they are only permitted to use your personal information to deliver or fund the service or product(s) you have purchased, registered or subscribed to. Some of the third parties in supporting these services, if permitted under GDPR, may transfer your information overseas, but we shall make sure that your information remains protected and secure.
12.10 These Terms and Conditions are governed by and shall be construed in accordance with English law and we both submit to the exclusive jurisdiction of the English courts.
13. Research Participation
13.1 As a participant of REPLICATE (the Project) and the recipient of a new energy efficient retrofit measure, you agree to allow our research partner, the University of the West of England (UWE) to contact you up to 2 years after install to ask you questions about your experience of being involved in the project as well as about your energy use. This will help UWE to build a picture of whether the retrofit measure helped you to reduce your energy use, as well as examining the benefits and pitfalls of this kind of technology.
14. Data Protection and Data Sharing
14.1 You understand and give your informed consent that any data acquired as a consequence to this Project may be used and shared between the Project participants for monitoring and confirming the objectives of the Project. Your personal information will be held in accordance with the General Data Protection Regulation (GDPR)
14.2 Bristol City Council is the data controller for the purposes of the Data Protection Act 1998 and other regulations including the General Data Protection Regulation (Regulation (EU) 2016/679), which means it determines what your data is used for and why it is collected. The purpose of this privacy notice is to tell you about what information we collect about you when you use our service, how we use that information and who we may share it with.
14.3 The contact details of the data controller are Bristol City Council, City Hall (College Green, Bristol BS1 5TR).
15. What data we need to collect and the legal basis for processing it
15.1 To provide this service, we will process your title, first name, last name, full address, postcode, email address, phone number, ethnicity, gender, age, sexual orientation, religious belief, disability and benefits information for equal opportunities monitoring; personal and professional details including work schedule, household income, energy consumption and transport habits; characteristics of your living address including up to 2 years of energy bills, landlord details, house type, age of property, floor construction, wall type, window type, heating source, boiler rating, electricity meter type, , electricity and gas usage; contact and professional details of other household occupants; your interest in Bristol City Council’s projects. We are collecting this data with your consent.
16. How long we will keep your data for
16.1 We will hold this information for up to 30 years; the reason we hold it this long is to match the duration of the guarantee so that we can support you should you need to make a claim. After this, your information will be deleted or archived.
17. Why we need to collect your data
17.1 We will use this information for the implementation, delivery, and monitoring and scale up of the REPLICATE project. This would involve processing of personal data to understand the eligibility of each Bristol resident (citizens living or working in the areas of Ashley, Easton and Lawrence Hill); gathering information for the delivery of the project; monitoring the information for the development of the project; scale up, research and academic purposes.
17.2 Your registration information will be used by Warm Up Bristol to order and manage the installation of your energy efficiency retrofit measures. This information will also be made available to the University of the West of England (UWE) who are the REPLICATE project partners for evaluation and monitoring and are examining the effectiveness of the project.
17.3 All project generated data will be available on the Bristol is Open data platform. All data shared on the data platform will be anonymised with no personal details connected to it. Using the Bristol Is Open platform, anyone will be able to use this data, both now and in the future, to inform projects, products and research, potentially benefiting yourself and the wider community. You as an individual or household will not be identifiable from this data.
18. Who we share your data with and why
18.1 This data will be shared with partners and third parties collaborating on the REPLICATE project of Bristol. It will be shared only when these have been checked to be GDPR compliant and the supplier assurance statement has been signed off and sent to Bristol City Council. These are the partners and third parties collaborating on the REPLICATE project: Bristol City Council departments (City Innovation and Sustainability, Energy, Communication and Marketing, ICT-Digital Transformation, International Team, Legal, Public Transport, Enterprise Architecture, City of Service, Warm Up Bristol, Energy Services), NEC, Bristol is Open, University of West England, Bristol Energy Network, United Housing, Knowle West Media Centre, University of Bristol so that we can provide to our partners the details necessary to develop the implementation, delivery, and monitoring and scale up of the REPLICATE project and for research purposes. These contractors and organisations use the same security standards as the council and we will only pass them your details with your permission and only when you need a service that they provide on our behalf. They are not allowed to share your details with anyone else for any other purpose.
18.2 Any personal data/identifiable data about you or your home will only be available to REPLICATE project partners for research, installation, Energy Demand Management and monitoring purposes. Any data that is publically available via the Bristol Open Data Platform will be anonymised so your data can not be attributed to you or your property.
19. If we have your consent to use your data
19.1 You can withdraw your consent for us to process your information at any time by contacting us at the contact details provided below. However, by doing so, you will become ineligible to be part of the REPLICATE Project.
20. Where we have received your data from a third party
20.1 We have received registration information data from Bristol Energy Network.
21. Your rights as a data subject
21.1 You have the right to ask for access to your data and where data is found to be inaccurate to have that data corrected. In certain circumstances you have the right to have data held about you erased, or the use of it restricted. You may be able to object to processing and may also have the right to have your data transferred to another data controller.
21.2 You also have a right of complaint to the Information Commissioner’s Office (ICO) at www.ico.org.uk if you think we have not dealt with your information in a proper manner.
21.3 You can ask to see what information we hold about you and have access to it. You can do this by contacting:
Senior Data Protection Officer
Bristol City Council
ICT Commissioning and Information Governance
P O Box 3176
Other questions about the data being processed may also be sent to the above address.
22. Fraud Prevention and Detection
22.1 Bristol City Council is required by law to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing, administering public funds, or where undertaking a public function, in order to prevent and detect fraud.
For more information visit www.bristol.gov.uk/data-protection-foi/fraud-prevention-and-detection.
23. Storage of data
23.1 The information that you supply is entered into software called “SmartSurvey”. SmartSurvey stores data on secure servers in the United Kingdom and comply with the General Data Protection Regulation standards.
B- Bristol City Council Privacy Statement – What we do with your personal data
Your privacy is important to us and we take great care to protect it. We collect your personal details when you fill in a form, write us a letter or send us an email. We keep this information for the duration of our contract with you to help us deliver a better service to you. We are also required to provide specific information to our funders, in order to receive the funding; this may differ depending on the funder’s requirements. By recording the correspondence between us we are able to provide you with a more tailored service to suit your needs, whilst enabling our team members to better understand any requirements you have. All our data processing is done in line with the General Data Protection Regulations. We will hold your information for up to 30 years; the reason we hold it this long is to match the duration of the guarantee so that we can support you should you need to make a claim.
When you give us your information we will:
- Use your details to provide other council services when you need them and combine them into one single record containing your basic details and information about your transactions.
This will help you because you won’t have to repeat the same basic information all the time. It also helps us to deal with your requests more quickly and tailor our services to meet your needs.
Only basic customer data will be shared across the council. This will be your title, name, address, gender, date of birth and preferred contact details; email, home or mobile phone number. Where a mobile phone number has been provided this may be used to provide relevant messages to you in the future.
- When we use authorised contractors or partner agencies (for example other councils or organisations) to deliver a service you have requested we will give them your details.
These contractors and organisations use the same security standards as the council and we will only pass them your details with your permission and only when you need a service that they provide on our behalf.
They are not allowed to share your details with anyone else for any other purpose.
- Allow us to share your information with other councils and organisations. You will be told about this or asked to agree to this first, if we decide to share services with these organisations.
- We may also give your data to the Cabinet Office and other bodies so they can use it to match against computer records held by other public bodies. This data is usually your personal information. Data matching allows them to spot potentially fraudulent claims and payments. Find out about the National Fraud Initiative and other data matching initiatives. Visit bristol.gov.uk/nfi
- We may also use your data to identify, understand and meet the needs of individuals and families who will benefit from a multi- agency response. For more information about this please visit www.bristol.gov.uk/thinkfamily
- We collect data to help improve the health and wellbeing of Bristol residents. Find out more from www.bristol.gov.uk/social-care-health/healthy-living
- We may also share your information without asking you if the law says we must or there is a risk of serious harm or threat to life.
We will always ask you before we use it for any other reason and would only use it for marketing with your prior consent.
To help answer any questions you may have about how we handle your information we have created a Frequently Asked Questions sheet which can be accessed via the privacy pages https://www.bristol.gov.uk/about-our-website/privacy
How to see the information we hold about you:
Under the Data Protection Act 1998 or under GDPR, as the case may be, you can ask us for the following information:
- clarification that your personal data is being processed by the Council
- a description and copy of personal data through a Subject Access Request
- the reasons why the data is being processed
- details of who we have or might give it to
If you wish to see information held by the council about you, please make a Subject Access Request by email at firstname.lastname@example.org or by writing to The Data Protection Officer, Bristol City Council, City Hall, College Green, Bristol, BS1 5TR, and they will send you the appropriate form and advise you of the process and fee for this service.
If you wish to opt out of the sharing of your basic details as identified above (meaning that you will need to repeat the same basic information each time you contact the council) please complete the online form at www.bristol.gov.uk/optout or by writing to The Data Protection Officer as detailed above. If you have previously requested this your status will remain ‘opted out’ and you do not need to opt out again.