Conditions of Sale

1) These are the Conditions upon which we, Global Energy Systems & Technology Ltd, supply goods to
you, our customer. They apply to the exclusion of any terms and conditions contained in any
communication from you and can only be varied by express written agreement, signed by one of our
directors on our behalf.
2) We may change the Terms of Sale but any change will only apply to orders that we receive
from you after we have communicated the change to you.

3) Acceptance of order

i) The issue of a proposal by us does not constitute acceptance of an order. It does not indicate that a
contract exists between us. We will indicate acceptance of your order, and hence a contract
between us, when we send you a signed Order Acceptance. We reserve the right to amend
prices or products at any point before an Order Acceptance is issued. Any changes will be
communicated to you in a new proposal or quote.
ii) You have a 14 day cooling off period after the acceptance of an order. In this period you may
cancel an order in writing without any penalty.

4) Acceptance of Goods
i) Where we agree to deliver, or to arrange for the delivery of goods to you:
a) We will deliver the goods to the place(s) specified in your order, or as subsequently
agreed between us, and by the mode of transport we select;
b) We shall not be liable for any loss or damage to goods in transit unless you:
(1) note on the delivery note any loss or damage; and
(2) notify us of any loss or damage within three working days of the date of delivery; and
(3) retain all packaging material for our inspection

ii) The risk in the goods passes to you on delivery;
iii) Whilst we try to estimate the time of delivery as accurately as possible, we do not guarantee
any particular delivery time or date.

5) Our Obligations
i) We commit to fulfilling the works agreed in the Scope of Works and to supply goods that are
appropriate to providing the level of performance as described in our proposal to you, other than as
described in clause 12 iv. These works will be carried out to a level of care that includes:
ii) All works laid out in the Scope of Works are to be carried out in accordance with the methods
and standards laid out in the appropriate GES installation manual, as effective on the date of
installation.
iii) Any works utilising third party materials are to be carried out in accordance with the methods
and standards laid out in the appropriate manufacturer’s installation manual, as effective on the
date of installation.

6) Your Obligations to us
i) In order to install and commission goods in line with the Scope of Works you will need to
provide the following services and permissions:
a) Free access to all required areas of the site.

 

b) Safe access and conditions for the completion of works in the Scope of Works, in
line with any agreed timings.
c) Any necessary support infrastructure, services or utilities to allow the installation and
commissioning of goods in line with the Scope of Works, such as water, electricity and parts
of the system not included in the Scope of Works.
d) All permissions for planning, work on site or commissioning of the system from whatever
parties.

ii) The Scope of Work will outline any works that are outside of our remit and thus to be completed by
you or a contractor organised by you. These works must be completed in line with agreed timescales
with GES. Any delays caused by incomplete works may result in additional charges and/or delays
to the project. These works will be carried out to a level of care that includes:
a) All works laid out in the Scope of Works and completed by you are to be carried out in
accordance with the methods and standards laid out in the appropriate GES installation
manual, as effective on the date of installation.
b) Any works utilising third party materials are to be carried out in accordance with the
methods and standards laid out in the appropriate manufacturer’s installation manual, as
effective on the date of installation.
c) Where compliance certificates are issued by a third party and are presented to GES as a
basis for commissioning, GES accept no responsibility for the provenance of these
certificates. It is therefore incumbent upon you to check them.
d) All works will be completed to a standard that allows us to complete our obligations in the
Scope of Works without unreasonable obstacles or hindrances, to include proximity of
services to end uses, accessibility of pipes and wires and quality of materials and
workmanship.

Amending a contract

7) Amendments by us
i) We reserve the right to amend the value and/or timescale of a contracted project if:
a) We, or our subcontractors, are requested to attend the site but are then denied access to
the site or equipment for WHATEVER reason. This includes orders or restrictions imposed
by Landlords or Managing Agents, Site Security Staff, Police or Emergency Services/State
or Government Authorities.
b) Works listed as your responsibility in the Scope of Works are not completed or are not
in accordance with the methods and standards laid out in the appropriate GES installation
manual, as effective on the date of installation.
c) A site is deemed unsuitable or too dangerous or too unsanitary to allow works to progress
having been seen to be fit at the time of the Health and Safety inspection.
d) You insist on specific additional safety procedures to be adhered to which are not
included in our risk assessment and are therefore excluded from our quote.
e) Special access or lifting equipment is, or becomes, necessary to carry out or finish the works
due to factors not apparent at the time of specification.
f) Additional work is required, of a material nature, which was not apparent for
whatever reason during the specification of the Scope of Works.
g) We will make every effort to minimise the impact of any additional works.
ii) You will be made aware of any additional costs, be they due to works, materials or delays,
through a new proposal, which, if you accept it, will constitute a new order.
iii) If you chose not to accept the amendments to the costs or time scale then clause 10 will apply.

 

8) Amendment by you

i) You may amend the Scope of Work or specification of goods once an order is accepted by
explicit permission of GES. Amendments will not be unreasonably denied but may incur
additional costs or result in delays to the commissioning of the goods. In this case:
a) You will be made aware of any additional costs be they due to materials or delays
through a new proposal, which, if you accept it, will constitute a new order.
b) If you chose not to accept the amendments to the costs or time scale then clause 10(i) will
apply.

9) Payment

i) All payments are payable in line with the terms stated on the invoice.
ii) If you do not make a payment on time we may postpone or cancel any future work and may charge
interest on the amount outstanding at 2% above the base rate of National Westminster Bank plc
together with all expenses, including legal expenses, which we may incur in recovering such
outstanding sums.
iii) We may set any sums that you owe us against any sums that we may otherwise owe you.
iv) Unless otherwise agreed in writing by us, you will be invoiced as follows:
a) 25% deposit upon receiving an order confirmation,
b) a further 25% upon securing the delivery date,
c) a further 25% to ensure payment is made on the delivery date, and
d) he final 25% balance will be invoiced upon delivery for payment 30 days after the
delivery date.

v) Any deposits and advance payments that you make to us can only be used to carry out work under
this contract.
vi) We are required under the HIES Consumer Code to protect any deposits and advance payments
you make to us, up to 25% or to the value of £5,000, whichever is the lower amount, as well as
the Workmanship Warranty, with an insurance policy. To comply with this requirement all orders
and contracts will be registered on the HIES Job Registration System within 2 working days of the
order/contract being signed by the customer. You will be entitled to claim on this policy should we
fall into receivership, bankruptcy or administration.
vii) When we purchase goods for use under this contract the legal title to those goods or the
proportion of which you have paid us for will pass to you. We will either deliver them to you or we
will store them for you and mark them as your property. They will be kept separate from other
goods. We will ensure that these goods are insured until they are delivered to you. You may make
arrangements to inspect the goods or to remove them from our premises if you wish.
viii) Should you decide to cancel this contract within the cancellation period, then this deposit will be
returned to you promptly. [NOTE: HIES will not cover deposits or advance payments in excess of
25%]

Cancellation of this Contract

10) Your rights
i) If you choose to cancel this contract other than under clauses 10 (ii) or 10 (iii) you may be liable
for reasonable costs incurred, including but limited to goods purchased on your behalf, time
spent on the project, works completed.
ii) If there is a serious delay to the completion of the project, which is wholly caused by us, you may cancel the contract and receive a full refund. All goods will remain our property and will be
reclaimed at our expense. Though we will endeavour to leave the site in a proper state we do not
undertake to restore it to its original condition.

iii) If there is a serious delay to the completion of the project, which is wholly caused by us, you
may cancel the contract and receive a full refund. All goods will remain our property and will be
reclaimed at our expense. Though we will endeavour to leave the site in a proper state, ensuring
that the property is reasonably secure from intruders and is left in a safe condition. Any
electricity cables, gas or water pipes are capped off and the property should be left reasonably
watertight. we do not undertake to restore it to its original condition.
iv) If there is a serious failing on our part in the completion of the Scope of Work or in the
performance of the goods supplied compared to the performance offered in the proposal subject to
clause 12 (iv), you may cancel the contract and receive a full refund. All goods will remain our
property and will be reclaimed at our expense. Though we will endeavour to leave the site in a
proper state we do not undertake to restore it to its original condition. Alternatively a repair or
replacement may be requested.

11) Our rights

If a serious failure on your part leads to material delays or additional costs to the Scope of Work
we will inform you of this issue in writing. If we do not receive a response or are not satisfied
with your response within 14 days we will be able to cancel the contract under clauses 11(i) or
11(ii), as follows:
i) If there is a serious delay to the completion of the project, which is wholly caused by you, we
may cancel the contract. All goods will remain our property and will be reclaimed. Though we will
endeavour to leave the site in a proper state we do not undertake to restore it to its original
condition. If we cancel a contract under these circumstances you may be liable to any
reasonable costs or losses we have or will incur
ii) If there is a serious failing on your part in the completion of the Scope of Work or in the performance
of the goods supplied compared to the performance offered in the proposal, you may cancel the
contract and receive a full refund. All goods will remain our property and will be reclaimed at our
expense. Though we will endeavour to leave the site in a proper state we do not undertake to restore
it to its original condition. Alternatively a repair or replacement may be requested. If we cancel a
contract under these circumstances you may be liable to any reasonable costs or losses we have or
will incur.

12) Liabilities
i) Where piping and wiring is not fully installed by GES, we accept liability only for the portion of
pipe or wire runs supplied and installed by GES.
ii) Where compliance certificates are issued by a third party and are presented to GES as a
basis for commissioning we accept no responsibility for the provenance of these certificates.
iii) Where GES commission a system we certify its function on the date of commissioning only and
do not accept liability for subsequent fault or failure of any works or materials not completed or
supplied by GES.
iv) Where the performance of the system as indicated in the proposal is contingent upon other
works; such as improved insulation or upgrading of heat delivery systems, we accept no
responsibility for the performance of the system unless these works are carried out.
v) Your only remedy in respect of any defective, lost or damaged goods is their replacement free of
charge or a credit note or refund for the full invoiced price to you.

vi) Our maximum liability in respect of any order is our sale price to you in respect of those goods or
services.
vii) We are not liable, whether in contract, tort (including negligence) or otherwise howsoever, for
any loss of profit, loss of business or goodwill, or indirect or consequential loss of whatever nature
that you may suffer.
viii) We are not liable for any delay in, or non-performance of, our obligations which is caused by
circumstances beyond our reasonable control (which includes failure of goods and/or services
suppliers to meet delivery requirements). In such circumstances we may delay or cancel delivery
or reduce the amount of goods delivered.
ix) We are not liable for loss opportunity or loss of financial advantage regarding any grant funding,
government schemes or incentives.
x) We are not under any liability whatsoever in respect of damage to drainpipes or cables or other
surfaces buried under the site or otherwise concealed or any other consequential loss resulting
from such damage caused by us or our subcontractor unless it is directly concerning our
responsibilities defined in the Scope of Work.
xi) Nothing in these Terms of Sale, however, operates to exclude or limit our liability for any
death or personal injury caused by our negligence.

13) Title of Goods
Title to each item of goods remains with us until we receive full payment from you for that item
and all other money that you owe us in respect of goods or services that we supply and have
supplied to you under all and any orders.

14) Complaints
i) As a member of the HIES scheme any complaints that are not settled between us can be
referred for arbitration by HIES.
ii) Our Complaints Procedure can be found at https://globalenergysystems.co.uk/complaints-
procedure/ .

15) Dispute Resolution
i) In the event of an unresolvable issue, You can refer Your case to Our nominated alternative
dispute resolution provider through HIES, QA Scheme Support Services LTD and the Dispute
Resolution Ombudsman, HIES Can be contacted at Centurion House, Leyland Business Park,
Centurion Way, Farington, Leyland, England, PR25 3GR or info@hiesscheme.org.uk .
ii) We agree, in the event of a dispute, we will exclusively attempt to resolve the dispute through
using HIES’s alternative dispute resolution services.

16) Jurisdiction
iii) These Terms of Sale and any orders placed by us under them are governed by English law and
the English courts shall have exclusive jurisdiction to determine any dispute arising between us in
relation to them.

Contact Us

Contact Global Energy Systems with your enquiry.







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    Global Energy Systems,
    Dock Road, Lytham, Lancs FY8 5AQ

    T: +44(0) 3333 444414